Specifically, the Draft Decree on Investment Project Management in Construction provides detailed implementation of certain provisions of the Construction Law 2014 (amended in 2020) concerning the management of construction investment projects, including:
- Preparation, appraisal, and approval of projects and construction designs;
- Construction surveys;
- Issuance of construction permits and management of construction order;
- Forms of construction investment project management;
- Construction of special structures and implementation of construction investment projects abroad;
- Management of construction operation capacity.
Scope of Application:
- This Draft Decree applies to domestic agencies, organizations, and individuals, as well as foreign organizations and individuals engaged in construction investment activities within the territory of Vietnam.
- Domestic organizations and individuals engaged in construction investment activities abroad shall comply with the specific provisions in Section 2, Chapter V of this Draft Decree and other relevant legal regulations.
- Projects utilizing official development assistance (ODA) funds or concessional loans from foreign sponsors shall comply with this Draft Decree and the laws on the management and use of ODA funds and concessional loans from foreign sponsors. In cases where international treaties on ODA funds, which Vietnam has signed, contain provisions different from this Draft Decree, the international treaties shall prevail.
- For construction investment projects using state budget funds that include information technology application components, the management of these components shall comply with the laws on the management of information technology application investments using state budget funds.
The Draft Decree on Construction Investment Project Management is expected to take effect from the date of signing and will replace Decree 15/2021/ND-CP on the management of construction investment projects; Article 12 and certain appendices VI and VII of Decree 35/2023/ND-CP amending and supplementing several provisions of decrees under the state management of the Ministry of Construction; and Decree 53/2017/ND-CP on certain legal documents for land to issue construction permits.
Previous regulations issued by the Government, ministries, ministerial-level agencies, and local authorities that are inconsistent with this Draft Decree shall be annulled.
Transitional Provisions in the Event This Draft Decree Takes Effect:
- For feasibility study reports on construction investment and construction designs following the basic design (including cases of appraisal adjustments) submitted to specialized construction agencies for appraisal before the effective date of this Draft Decree and meeting the appraisal conditions, the specialized construction agencies shall continue to appraise under the provisions of Decree 15/2021/ND-CP, as amended and supplemented by Decree 35/2023/ND-CP effective from June 20, 2023.
- Construction investment projects identified as utilizing state funds other than public investment in legal documents on investment policies and investment decisions issued by competent authorities before the effective date of this Draft Decree shall continue to be managed according to the provisions of this Decree applicable to projects using state funds other than public investment.
- Construction investment projects stipulated in Clause 4, Article 14 of Decree 37/2010/ND-CP, and Clause 4, Article 10 of Decree 44/2015/ND-CP (as amended and supplemented by Decree 72/2019/ND-CP), which were approved according to the correct legal regulations before the effective date of Decree 35/2023/ND-CP, in cases of project adjustments, may continue using the planning as the basis for project formulation without requiring a new general site plan as per the provisions of Decree 35/2023/ND-CP.
