Chương I Luật Xây dựng 2014: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the rights, obligations and responsibilities of agencies, organizations and individuals and the state management in construction investment activities.

Article 2. Subjects of application

This Law applies to domestic agencies, organizations and individuals; foreign organizations and individuals conducting construction investment activities in the territory of Vietnam.

In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of that treaty will prevail.

Article 3. Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. Construction investment pre-feasibility study report means a document presenting the contents of preliminary study on the necessity for, feasibility and effectiveness of, construction investment, which serves as a basis for consideration of, and decision on, the construction investment policy.

2. Construction investment feasibility study report means a document presenting the contents of study on the necessity for, feasibility and effectiveness of, construction investment in accordance with the selected basic design plan, which serves as a basis for consideration of, and decision on, construction investment.

3. Construction investment economic-technical report means a document presenting the contents on the necessity for, feasibility and effectiveness of, construction investment in accordance with the construction drawing design plan for a small work, which serves as a basis for consideration of, and decision on, construction investment.

4. Specialized construction work-managing ministry means a ministry tasked to manage and conduct the construction of works in the construction sector under its management.

5. Red-line boundary means a boundary line drawn on the planning map and on the field for the purpose of demarcating land plots permitted for construction of works and land plots reserved for roads or technical infrastructure facilities and other public spaces.

6. Construction boundary means a limit line of a land parcel within which the main work is permitted to be constructed.

7. Construction-planned land use norms means the norms used for management of spatial and architectural development specifically identified for an area or a land lot, including the construction density, land use coefficient and maximum and minimum construction elevations of works.

8. Economic-technical norms of a construction plan means the norms forecasted, determined and selected for use as a basis for proposing options and solutions for construction planning, including population size, land, technical and social infrastructure and environmental norms.

9. Construction project owner (below referred to as project owner) means an agency, organization or individual that owns funds, borrows loans, or is assigned to directly manage and use funds, for construction investment activities.

10. Construction work means a product created by human labor and with building materials and equipment installed therein, affixed to land, which possibly includes underground and surface components, underwater and water surface components, and constructed according to design. Construction works include civil works, industrial works, traffic works, agricultural and rural development works, technical infrastructure works and other works.

11. Construction level means the compulsory minimum construction elevation selected in conformity with the master plan on the foundation and rainwater drainage height.

12. Construction state management agencies include the Ministry of Construction, People’s Committees of provinces or centrally run cities (below collectively rcĩcưed to as provincial- level People’s Committees) and People’s Committees of rural districts, urban districts, towns or provincial cities (below collectively referred to as district-level People’s Committees).

13. Specialized construction agencies means specialized agencies of the Ministry of Construction or specialized construction work-managing ministries; provincial-level Construction Departments or specialized construction work-managing Departments; construction management sections of district-level People’s Committees.

14. Specialized agencies attached to an investment decider means agencies or organizations with expertise relevant to the characteristics and contents of projects, which are tasked by investment deciders to conduct appraisal.

15. Construction investment project means a collection of proposals concerning use of funds for construction, repair or renovation of a construction work with a view to developing, maintaining and raising the quality of the work or product or service within a given duration at specified costs. At the stage of investment construction project preparation, the project shall be demonstrated through the construction investment pre-feasibility study report, the construction investment feasibility study report or construction investment economic-technical report.

16. Rural residential quarter means an area where many households are bound together in their production, daily life and other social activities within a specific zone formed on the basis of natural conditions, socio-economic conditions, culture and other factors.

17. Construction permit means a legal document granted by a competent state agency to a project owner for construction, repair, renovation or relocation of a work.

18. Construction permit with a definite period means a construction permit granted for construction of a work or separate house within a given duration under the plan for implementation of the construction master plan.

19. Phased construction permit means a construction permit granted for every part of a work or every work of a project when the construction design of the work or project is not yet completely implemented.

20. Construction investment activities means a process of conducting construction activities including construction, repair and renovation of a construction work.

21. Construction activities cover construction planning, formulation of a investment project to construct a work, construction survey, construction design, construction, construction supervision, project management, selection of contractors, pre-acceptance test, handover of the work for exploitation or use, its warranty and maintenance and other activities related to its construction.

22. Technical infrastructure system includes traffic, information and communication, energy supply, public lighting, water supply, wastewater and solid waste collection and treatment facilities, cemeteries and other works.

23. Social infrastructure system includes health care, cultural, educational, sports, commercial and public service works, trees, parks and other works.

24. Construction investment consultancy activities cover construction planning, formulation of an investment project to construct a work, construction survey, design, verification, inspection, experimentation, project management, construction supervision and other counseling jobs related to construction investment activities.

25. Particular-function zone means an area developed according to an exclusive function or mixed functions such as economic zone, industrial park, export processing zone, hi-tech park; tourist resort, ecological zone, conservation zone, historical-cultural relic zone; research and training zone; physical training and sports zone; airport, seaport, technical infrastructure key zone; and another particular-function zone identified under the approved regional construction master plan or formed under decision of a competent state agency.

26. Formulation of a construction investment project covers formulation of a construction investment pre-feasibility study report (if any), construction investment feasibility study report or construction investment economic-technical report and the performance of necessary jobs to prepare the construction investment.

27. Investment decider means a person or at-law representative of an agency, organization or enterprise who is competent to approve the project and decide on construction investment.

28. Contractor in construction investment activities (below referred to as contractor) means an organization or individual that has full construction capacity or practice capacity when participating in contractual relations in construction investment activities.

29. Separate house means a work constructed within a residential land area under the use rights of a household or an individual in accordance with law.

30. Construction planning means the organization of spaces of urban and rural areas and particular-function zones; the organization of technical and social infrastructure systems; the establishment of an environment suitable to people residing in territorial areas, ensuring the harmony between national interests and community interests, attaining the socio-economic development, national defense, security, environmental protection and climate change response objectives. Construction planning is demonstrated through a construction plan consisting of diagrams, drawings, mock-ups and explanations.

31. Regional construction planning means the organization of systems of urban and rural areas and particular-function zones and systems of technical and social infrastructure works within the administrative boundaries of a province or a district, inter-provinces or inter-districts, which meets the socio-economic development requirements in each period.

32. Particular-function zone construction planning means the organization of space, architecture and landscape, systems of technical and social infrastructure works within a particular-function zone. The particular-function zone construction planning covers general construction planning, construction sub-zone planning and construction detailed planning.

33. Rural construction planning means the organization of space, land use, systems of technical infrastructure and social infrastructure works of a rural area. The rural construction planning covers commune general construction planning and rural residential quarter construction detailed planning.

34. Construction work incident mean a breakdown beyond the allowable safety limit which puts the construction work or its construction supporting structures in danger of collapse or has caused the collapse of part or whole of the work in the course of construction or exploitation and use.

35. Construction general contractor means a contractor signing a contract directly with a project owner to undertake one job, some jobs or all jobs of a construction investment project.

36. Appraisal means the examination and assessment of the investment decider, project owner and specialized construction agency of necessary contents in the course of preparing and implementing a construction investment project, which serve as a basis for consideration and approval.

37. Verification means the professional examination and assessment by an organization or individual with full construction and practice capacity of necessary contents in the course of preparing and implementing a construction investment project, which serve as a basis for appraisal work.

38. Construction of a work means the construction of, and installation of equipment for, a newly built, repaired, renovated, relocated, embellished or restored work; dismantlement of a work; warranty and maintenance of a construction work.

39. Equipment installed in a work includes work equipment and technological equipment. Work equipment means equipment installed in a construction work according to its construction design. Technological equipment means equipment included in the technological chain installed in a work according to its technological design.

40. Preliminary design means a design made in the construction investment pre-feasibility study report, demonstrating the initial ideas on the design of a construction work, preliminary selection of technological lines and equipment, which serves as a basis for determining the construction investment policy.

41. Basic design means a design made in the construction investment feasibility study report, based on the selected design plan, demonstrating the principal technical parameters suitable to applied standards and technical regulations, which serves as a basis for proceeding with subsequent designing steps.

42. Technical design means a design detailing the basic design after the work construction investment project is approved in order to fully demonstrate solutions, technical parameters and to be-used materials conforming with the applied standards and technical regulations, which serves as a basis for making the construction drawing design.

43. Construction drawing design means a design fully demonstrating the technical parameters, to be-used materials and structural details conforming with the applied standards and technical regulations, fully meeting the conditions for construction of a work.

44. Construction planning time limit means a duration identified to be the basis for forecast and calculation of economic-technical norms for formulation of a construction plan.

45. Planning region means the territorial space demarcated by one or many administrative units and decided by a competent state agency.

Article 4. Basic principles of construction investment activities

1. Ensuring the compliance of work construction investment with master plans and designs, the protection of scenery and environment; the suitability to natural and social conditions and cultural characteristics of each locality; ensuring the stable life of people; combining socio-economic development with national defense and security and response to climate change.

2. Rationally using resources and natural resources in project areas, ensuring proper purposes, proper subjects and process of construction investment.

3. Complying with standards and technical regulations, regulations on the use of building materials; ensuring convenient and safe access for people with disabilities, the elderly and children to public facilities and high-rises; ensuring scientific and technological application and information system application to construction investment activities.

4. Ensuring the quality, schedule and safety of works, human lives and health and property; fire and explosion prevention and fighting; and environmental protection.

5. Ensuring synchronous construction within each work and synchronism with technical and social infrastructure facilities.

6. Organizations and individuals involved in construction activities must have full capacity conditions suitable to types of projects, types and grades of construction works and jobs as prescribed by this Law.

7. Ensuring the publicity, transparency, thrift and efficiency; preventing and combating corruption, waste, loss and other negative practices in construction investment activities.

8. Clearly defining the function of state management in construction investment activities from the function of management of project owners suitable to each type of to used funding sources.

Article 5. Types and grades of construction works

1. Construction works shall be classified by type and grade.

2. Types of construction works determined by utility include civil works, industrial works, traffic works, agricultural and rural development works, technical infrastructure and national defense or security works.

3. Grades of construction works shall be determined according to types of works and based on their sizes, purposes, importance, lifetime, used materials and technical requirements on construction.

The grades of works include special grade, grade I, grade II, grade III, grade IV and other grades stipulated by the Government.

Article 6. Application of standards and technical regulations in construction investment activities

1. Construction investment activities must comply with national technical regulations.

2. Standards shall be applied in construction investment activities on the principle of voluntariness, excluding standards referred in technical regulations or other relevant legal documents.

3. Standards applicable to works shall be considered and approved by investment deciders when deciding the investment.

4. The application of standards must satisfy the following requirements:

a/ Meeting the requirements of national technical regulations and relevant laws;

b/ Ensuring synchronism and feasibility of the applied standard system.

5. The application of technical solutions, technologies and new materials in construction investment activities must satisfy national technical regulations and relevant laws.

6. The Ministry of Construction and specialized construction work-managing ministries shall formulate standards and national technical regulations applicable to specialized construction works in accordance with the law on standards and technical regulations.

Article 7. Project owners

1. The project owner shall be decided by the investment decider before the formulation or approval of a project.

2. Depending on funding sources used for projects, project owners shall be specifically determined as follows:

a/ For a project using state budget funds or non-budget state funds, the project owner is the agency or organization assigned by the investment decider to manage and use the funds for construction investment;

b/ For a project financed by a loan, the project owner is the agency, organization or individual that borrows the loan for construction investment;

c/ For a project to be implemented under project contract or public-private partnership contract, the project owner is the project enterprise established with the investors’ agreement in accordance with law;

d/ For projects other than those prescribed at Points a, b and c of this Clause, the owners of funds shall act as project owners.

3. Based on the specific conditions of projects using state budget funds, the investment deciders shall assign the specialized construction investment project management units or regional construction investment project management units to be project owners; if the project management units are not available, investment deciders shall select fully qualified agencies or organizations to be project owners.

4. Project owners shall take responsibility before law and investment deciders within the limits of their rights and obligations prescribed in this Law and relevant laws.

Article 8. Monitoring and evaluation of construction investment projects

1. Construction investment projects shall be monitored and evaluated as suitable to each type of funding source as follows:

a/ For projects using state funds, competent state agencies shall conduct the monitoring and evaluation in accordance with the law on public investment and law on construction according to the approved evaluation contents and criteria;

b/ For projects using other funding sources, competent state agencies shall conduct the monitoring and evaluation of objectives, conformity with relevant master plans, land use, construction investment schedule and environmental protection.

2. Infrastructure construction investment projects using state funds or community- contributed funds and financial assistance of domestic organizations and individuals are subject to community supervision.

Within the ambit of their tasks and powers, the Vietnam Fatherland Front Committees in construction areas shall organize the community supervision.

3. The Government shall detail this Article.

Article 9. Insurance in construction investment activities

1. Insurance in construction investment activities covers:

a/ Work insurance during the construction;

b/ Construction investment consultancy professional liability insurance;

c/ Insurance for construction supplies, materials, means, equipment and laborers;

d/ Civil liability insurance for third party;

dd/ Construction work warranty insurance.

2. Responsibility to buy compulsory insurance in construction investment activities is prescribed as follows:

a/ Project owners shall buy work insurance during the construction for works affecting the community safety, environment, works with particular technical requirements and complicated construction conditions;

b/ Consultancy contractors shall buy construction investment consultancy professional liability insurance for construction survey and construction design of construction works of grade II or higher grade;

c/ Construction contractors shall buy insurance for construction workers working on the construction sites.

3. Project owners, consultancy contractors and construction contractors are encouraged to buy types of insurance in construction investment activities, except for the case specified in Clause 2 of this Article.

4. The Government shall detail the responsibility to buy compulsory insurance, the conditions, premium levels and minimum insurance money which the insured and insurers are obliged to comply with.

Article 10. Encouragement policies in construction investment activities

1. Domestic and foreign organizations and individuals shall be encouraged and given conditions to research and apply advanced construction science and technology, use new materials, conserve energy and resources, protect the environment and respond to climate change; to conserve, embellish and promote the value of historical relics, cultural heritages, beliefs and religion; organizations and individuals shall be given conditions to build social houses, participate in construction investment under planning in mountainous areas, areas facing exceptionally difficult socio-economic conditions and areas prone to climate change.

2. Stakeholders of all economic sectors in construction investment activities shall be treated equal before law, encouraged and given favorable conditions in construction investment activities; contractors with works conferred by the State with the construction work quality awards shall be given priority when they participate in bidding in construction activities.

3. A number of public services provided by state management agencies in construction investment activities shall be gradually transferred to fully capable and qualified socio- professional organizations for provision.

Article 11. International cooperation in construction investment activities

1. Domestic organizations and individuals shall be encouraged to expand international cooperation in construction investment activities, transfer of technologies, techniques, managerial experiences and use of new materials.

2. The State shall protect Vietnamese construction brands overseas; create conditions to support and work out measures to promote the conclusion and implementation of treaties and international agreements in construction investment activities between domestic organizations and individuals and foreign organizations and individuals on the basis of ensuring the fundamental principles in construction investment activities prescribed in Article 4 of this Law.

Article 12. Prohibited acts

1. Deciding on construction investment in contravention of this Law.

2. Starting construction when the conditions therefor prescribed in this Law are not fully met.

3. Constructing works in non-construction zones ; constructing works in encroachment upon the protection corridors of national defense, security, traffic or irrigation works, dykes, energy facilities, historical-cultural relic areas and protection zones of other works prescribed by law; constructing works in areas prone to landslide, sweeping flood or flash flood, except works built to overcome these phenomena.

4. Constructing works at variance with construction master plan, except cases with construction permits with a definite term; in encroachment of construction boundaries or construction levels; constructing works at variance with granted construction permits.

5. Formulating, appraising and approving designs and cost estimates of construction works using state funds in contravention of this Law.

6. Contractors participating in construction activities when failing to fully satisfy the capacity conditions for carrying out construction activities.

7. Project owners selecting contractors that fail to fully meet the capacity conditions for conducting construction activities.

8. Constructing works not in compliance with the selected standards and technical regulations to be applied to works.

9. Manufacturing and using building materials which cause harms to community health and environment.

10. Violating regulations on labor safety and assets, fire and explosion prevention and fighting, security, order and environmental protection in construction.

11. Using works against their purposes and utility; building annexes or lean-tos encroaching upon areas and spaces lawfully managed or used by other organizations or individuals or upon public areas and common-use areas.

12. Giving and taking bribe in construction investment activities; abusing other legal persons to participate in construction activities; committing manipulation and collusion to falsify the results of project formulation, surveys, designs or supervision of construction.

13. Abusing positions and powers to violate the law on construction; covering up and handling late acts in violation the law on construction.

14. Obstructing lawful construction investment activities.