(CPV) - The Government has just issued Decree No. 175/2024/ND-CP dated December 30, 2024 detailing a number of articles and measures to implement the Construction Law on construction management.
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In particular, the Decree clearly stipulates the order of construction investment. Accordingly, the order of construction investment implementation as prescribed in Clause 1, Article 50 of the 2014 Construction Law is specifically stipulated as follows:
a- The project preparation phase includes the following tasks: preparing a proposal for a program or project using ODA loans and foreign preferential loans (if any); preparing and appraising a Pre-Feasibility Study Report for Construction Investment or a Report proposing an Investment Policy to decide or approve an investment policy (if any); conducting a construction survey to serve the project preparation; preparing, appraising and approving a construction plan as a basis for project preparation; preparing and appraising a Feasibility Study Report for Construction Investment or a Construction Investment Economic-Technical Report for project approval and construction investment decision; other necessary tasks related to project preparation.
b- The project implementation phase includes the following tasks: site preparation, mine clearance (if any); construction survey to serve the design implementation after the basic design; preparation, appraisal, approval of design, construction estimate; issuance of construction permit (for works that are required to have a construction permit); signing of construction contract; construction execution; construction supervision; advance payment, payment for completed volume; operation, trial run; acceptance of completed construction work; settlement of construction contract; supervision and evaluation of construction investment projects; other necessary tasks related to project implementation.
c- The construction completion stage includes the following tasks: construction contract settlement, project investment capital settlement, confirmation of project completion; handover of the project for use; construction warranty, handover of related documents; supervision and evaluation of construction investment projects; other necessary tasks.
The procedures for implementing an investment project to build an emergency work shall be implemented in accordance with the provisions of Article 69 of this Decree. The procedures for implementing an investment project under the public-private partnership method with a construction component (hereinafter referred to as a PPP project) shall be implemented in accordance with the provisions of the law on investment under the public-private partnership method (*).
For projects not specified in item (*) above, depending on the specific conditions and technical requirements of the project, the investment decision maker shall decide on the sequential or combined implementation sequence, and at the same time, for the works specified in points b and c above, in accordance with the contents of the project approval decision.
For projects implemented under turnkey contracts, the construction investment sequence is carried out in accordance with the provisions of the contract.
Classification of construction investment projects
The Decree stipulates that construction investment projects as prescribed in Article 49 of the 2014 Construction Law, amended and supplemented as prescribed in Clause 8, Article 1 of Law No. 62/2020/QH14, are classified for the purpose of managing construction activities as prescribed in this Decree as follows:
According to the service function, specialized nature, management purpose of the project and the works under the project , construction investment projects are classified according to the provisions in Appendix X of this Decree.
According to the capital source and investment form , construction investment projects are classified as follows: projects using public investment capital, projects using foreign capital for public investment, PPP projects and projects using other capital. Construction investment projects using mixed capital from the above capital sources are classified as follows:
a- A project using part of public investment capital is a public investment project, managed according to the law on public investment.
b- PPP projects using public investment capital are managed according to the provisions of the law on PPP.
c- Projects using mixed capital including foreign capital for public investment and other capital: in cases where the proportion of foreign capital for public investment is greater than 30% or over 500 billion VND in the total investment, they shall be managed according to the regulations for projects using foreign capital for public investment; in other cases, they shall be managed according to the regulations for projects using other capital. The proportion of foreign capital for public investment shall be considered and decided by the investment decision maker as the basis for preparing the Construction Investment Feasibility Study Report and the Construction Investment Economic-Technical Report.
Construction investment projects only need to prepare a Construction Investment Economic - Technical Report, including:
- Investment projects for construction used for religious purposes;
- New construction, renovation and upgrading investment projects with a total investment of no more than 20 billion VND (excluding compensation, site clearance and land use fees), except for investment projects to build cultural heritage works implemented in accordance with the law on cultural heritage;
- Group C construction investment projects aim at maintenance, repair and preservation;
- Projects for dredging and maintaining public shipping channels and inland waterways;
- Construction investment projects with the main content of purchasing goods, providing services, installing equipment or repair and renovation projects that do not affect the safety of the structure's load-bearing capacity with construction costs (excluding equipment costs) under 10% of the total investment and not exceeding 10 billion VND (except for important national projects, group A projects, investment projects under the public-private partnership method).
The Decree also clearly states: The investment decision maker is entitled to decide on the preparation of the Construction Investment Feasibility Study Report for the above-mentioned projects when the project has specific requirements on construction techniques or technological designs requiring the preparation of basic designs; these projects are not subject to appraisal by a specialized construction agency. The investment decision maker is responsible for organizing the appraisal of the Construction Investment Feasibility Study Report, the investor is responsible for organizing the appraisal of the design to be implemented after the basic design, ensuring that the appraisal contents comply with legal regulations.
Applying new standards, materials and technologies in construction activities
According to the Decree, the standards applied to the project must be considered and approved by the investment decision maker when deciding on investment and must be stated in the project approval decision or in a separate document. During the project implementation, if necessary, the investor may propose to change or supplement the applicable standards when the change or supplement of the standards does not change the contents leading to the requirement to adjust the project according to regulations and must be agreed to in writing by the investment decision maker as a basis for implementation.
The selection and application of foreign standards and basic standards must comply with the provisions of the Construction Law and other relevant legal provisions.
In case of applying foreign standards: In the basic design description, construction design implemented after the basic design or technical instructions (if any), according to the level of detail of the design step, there must be an assessment of compliance with national technical regulations and similarity with relevant standards; priority must be given to using foreign standards that have been widely applied.
In case of applying basic standards : When applying basic standards, there must be an explanation of compliance with national technical regulations and compatibility and synchronization with relevant standards; the publication of basic standards must strictly comply with the regulations and procedures prescribed in other relevant laws.
The use of new materials and technologies must comply with national technical regulations and be compatible with relevant standards; ensuring feasibility, sustainability, safety and efficiency./.
Source: https://dangcongsan.vn/kinh-te/quy-dinh-chi-tiet-mot-so-dieu-va-bien-phap-thi-hanh-luat-xay-dung-ve-quan-ly-hoat-dong-xay-dung-687665.html
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