Nghị định 35/2023/NĐ-CP ngày 20/06/2023 sửa đổi các nghị định thuộc lĩnh vực quản lý nhà nước của bộ xây dựng

DECREE

AMENDMENTS TO SOME ARTICLES OF DECREES IN FIELD OF STATE MANAGEMENT OF THE MINISTRY OF CONSTRUCTION

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

Pursuant to the Law on Urban Planning dated June 17, 2009;

Pursuant to the Law on Judicial Expertise dated June 20, 2012; the Law on amendments to the Law on Judicial Expertise dated June 10, 2020;

Pursuant to the Construction Law dated June 18, 2014; the Law on amendments to some Articles of the Construction Law dated June 28, 2020;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Law on Real Estate Trading dated November 25, 2014;

Pursuant to the Law on Architecture dated June 13, 2019;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product and Goods Quality dated November, 21 2007;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Public – Private Partnership Investment dated June 18, 2020;

Pursuant to the Law on amendments to some Articles concerning planning of 37 Laws dated November 20, 2018;

Pursuant to the Law on amendments to certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement dated January 11, 2022;

At the request of the Minister of Construction;

The Government promulgates Decree on amendments to some Articles of Decrees in the field of state management of the Ministry of Construction.

Article 1. Amendments to some Clauses of Article 14 of Government's Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning amended by Government's Decree No. 72/2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on elaboration of construction planning

Clauses 3 and 4 shall be amended and Clauses 4a, 4b, 4c and 4d shall be added to Clause 4 Article 14 as follows:

“3. Detailed planning shall be formulated for zones required to have detailed planning, within the scope of urban development, in accordance with the Law on Urban Planning when making construction investment in order to concretize general planning and zoning planning (for the case where it is required to make zoning planning), thereby serving as the basis for formulation of construction investment projects, issuance of construction permits and performance of other tasks according to regulations of relevant laws. Regarding small-scale land plots specified in Clause 4 of this Article, the detailed planning shall be formulated according to a shortened procedure (general ground planning procedure) under regulations in Clause 4a through Clause 4d of this Article.

4. Small-scale land plots shall meet the following requirements:

a) The land plot is set up by a small investor or a competent authority;

b) It is required to have a land use scale of less than 2 hectares, for investment projects on construction of apartment buildings or apartment complexes, or a land use scale of less than 10 hectares, for investment projects on construction of factories, enterprises, industrial production establishments or technical infrastructure works (except for line technical infrastructure works) determined according to urban general planning or provincial planning or technical and specialized planning that has been already approved, or a land use scale of less than 5 hectares for the remaining cases;

c) The land plot is located in an area with the approved zoning planning or the approved general planning in case where the zoning planning is not required.

4a. Formulation, appraisal and approval for general ground planning, except for the case specified in Clause 4b of this Article:

a) Land use planning criteria and requirements for spatial organization, architecture and landscape of the area shall be determined in the approved zoning planning project or the approved general planning in case the zoning planning is not required, and specialized requirements in provincial planning, technical and specialized planning with regard to investment projects on construction of factories, enterprises, industrial production establishments, technical infrastructure works (if any) may be used to replace tasks of general ground planning and serve as the basis for making general ground planning;

b) The general ground planning includes general ground drawings; the work architecture plan shall show the location, scale of the work and work items in the land plot; the construction ground level, the construction boundary (the construction boundary of floating and underground parts of the work), the color of the work and the planned land use norms shall be determined according to applicable regulations and standards; the connection of technical infrastructure shall be ensured and the architectural space shall be consistent with that of the surrounding area;

c) Procedures for collection of opinions, appraisal and approval for the general ground planning shall be the same as those for the detailed planning project with regard to construction investment projects.

d) The competent authority that approves the detailed planning project shall be responsible for approval for the general ground planning.

4b. During the development of investment guidelines, the general ground planning for the construction investment project with works that are on the list of state secrets shall be formulated; the investor shall be responsible for collection of opinions in writing from the agency competent to approve the detailed planning, thereby serving as the basis for implementation of the next steps; the duration for collection of opinions shall not exceed 15 days from the date of receipt of complete and valid dossiers. The organization of implementation and management of dossiers, documents and relevant information shall comply with regulations of the law on protection of state secrets.

4c. The adjustment in the general ground planning shall fulfil adjustment conditions of the detailed planning project. The procedure for adjustment in the general ground planning shall comply with regulations of Clauses 4a and 4b of this Article.

4d. After being approved (including adjustments), the general ground planning shall be published according to regulations on publication of detailed planning projects.

Article 2. Amendments to some Clauses of Article 10 of Government’s Decree No. 44/2015/ND-CP dated May 06, 2015 on detailed regulations on construction planning amended by Government’s Decree No. 72 /2019/ND-CP dated August 30, 2019 on amendments to some Articles of Decree No. 37/2010/ND-CP dated April 07, 2010 on formulation, appraisal, approval and management of urban planning and Decree No. 44/2015/ND-CP dated May 06, 2015 on detailed regulations on construction planning

Clauses 4 and 5 shall be amended and Clauses 5a, 5b, 5c, 5d and 5dd shall be added affter Clause 5 Article 10 as follows:

“4. Detailed construction planning shall be formulated for zones inside special purpose zones required to have detailed construction planning, when making construction investment according to regulations in the Law on Construction, in order to concretize general planning and construction zoning planning (for the case where it is required to make construction zoning planning), thereby serving as a basis for formulation of construction investment projects, issuance of construction permits and performance of other tasks according to regulations of relevant laws.  Regarding small-scale land plots specified in Clause 5 of this Article, the detailed construction planning shall be formulated according to a shortened procedure (general ground planning procedure) under regulations of Clause 5a through Clause 5dd of this Article.

5. Small-scale land plots shall meet the following requirements:

a) The land plot is set up by a small investor or a competent authority;

b) It is required to have a land use scale of less than 2 hectares, for investment projects on construction of apartment buildings or apartment complexes, or a land use scale of less than 10 hectares, for investment projects on construction of factories, enterprises, industrial production establishments or technical infrastructure works (except for line technical infrastructure works) determined according to general construction planning or provincial planning or technical and specialized planning that has been already approved, or a land use scale of less than 5 hectares for the remaining cases;

c) The land plot is located in an area that there is an approved construction zoning planning.

5a. Formulation, appraisal and approval for general ground planning, except for the case specified in Clause 5b of this Article:

a) Land use planning criteria and requirements for spatial organization, architecture and landscape of the area shall be determined in the approved construction zoning planning project and specialized requirements in provincial planning, technical and specialized planning with regard to investment projects on construction of factories, enterprises, industrial production establishments, technical infrastructure works (if any) may be used to replace tasks of general ground planning and serve as the basis for making general ground planning;

b) The general ground planning includes general ground drawings; the work architecture plan shall show the location, scale of the work and work items in the land plot; the construction ground level, the construction boundary (the construction boundary of floating and underground parts of the work), the color of the work and the planned land use norms shall be determined according to applicable regulations and standards; the connection of technical infrastructure shall be ensured and the architectural space shall be consistent with that of the surrounding area;

c) Procedures for appraisal and approval for the general ground planning shall be the same as those for the detailed planning project on construction of special purpose zones:  

d) The competent authority that approves the detailed planning project on construction of special purpose zones shall be responsible for approval for the general ground planning.

5b. During the development of investment guidelines, the general ground planning for the construction investment project with works that are on the list of state secrets shall be formulated; the investor shall be responsible for collection of opinions in writing from the agency competent to approve the detailed construction planning, serving as a basis for implementation of the next steps; the duration for collection of opinions shall not exceed 15 days from the date of receipt of complete and valid dossiers. The organization of implementation and management of dossiers, documents and relevant information shall comply with regulations of the law on protection of state secrets.

5c. The adjustment in the general ground planning shall fulfil adjustment conditions of the detailed planning project on construction of special purpose zones. The procedure for adjustment in the general ground planning shall comply with regulations of Clauses 5a and 5b of this Article.

5d.After being approved and adjusted, the general ground planning shall be published according to regulations on publication of detailed planning projects on construction of special purpose zones.

5dd. Regarding industrial parks, the formulation of construction planning shall comply with regulations of this Decree and the law on management of industrial parks and economic zones.”.

Article 3. Amendments to some Articles of Government’s Decree No. 85/2020/ND-CP dated July 17, 2020 on elaboration of some Articles of the Law on Architecture

1. Some Clauses of Article 25 shall be amended as follows:

a) Clauses 3 shall be amended and Clauses 3a, 3b, 3c and 3d shall be added after Clause 3 as follows:

“3. An individual applying for an architecture practicing certificate for the first time shall take the test by completing multiple choice test and oral test. The oral test shall be conducted immediately after the result of the multiple choice test is announced and the individual passes the multiple choice test In this test, each individual is required to draw lots and then answer up to 04 questions about knowledge and application thereof to individuals’ practice of architecture in line with the questions mentioned in Clause 2 of this Article;

3a. The test shall be conducted through offline or online form. The test shall comply with requirements and conditions specified in this Decree.

3b. The following requirements for technical infrastructure and online test software in service of issuance of practicing certificates shall be satisfied.

a) The establishment organizing online tests shall satisfy requirements for internet connection and connecting equipment, computers and terminals with suitable configuration in order to install and operate the online test software system; there is space to install equipment for monitoring of candidates;

b) There are solutions for assurance about information safety, storage of electronic data and protection of personal information according to regulations for online tests;

c) The test software can stop the test in case of detection of violations during the test. If the candidate can explain that these violations occur due to objective reasons, the administrator will allow the candidate to retake the test

d) The software shall ensure the ability to well serve online tests during the test and have a mechanism to ensure the integrity and confidentiality of information before, during and after the test.

3c. It is required to meet the following requirements for management of the online test

a) The test process shall be monitored via the camera of the device, the online test software and the system of equipment and monitoring screen at the establishment organizing online tests;

b) The administrator shall be responsible for provision of guidance and inspection of the suitability of equipment and areas for candidates before the candidates take the online tests.

3d. The organization or agency organizing the test shall decide to choose the form of the test in service of the issuance of the practicing certificate; promulgate regulations on the online test, thereby meeting requirements for management, technical infrastructure and online test software.”.

b) Clause 5 shall be amended as follows:

“5. An offline or online test shall be held every 06 months or upon request according to the actual requirements. In case of failure to hold the test, it is required to notify the applicant within 15 days from receipt of the registration form.

2. Some Points and Clauses of Article 26 shall be amended as follows:

a) Point c Clause 1 shall be amended as follows:

“c) The requirements for infrastructure facilities serving organization of offline tests in the Appendix IV hereof shall be satisfied in case of organization of offline tests. The requirements for management, technical infrastructure and online test software specified in Clause 3b, Clause 3c Article 25 of this Decree shall be satisfied in case of organization of online tests.”.

b) Clause 4 shall be added as follows:

“4. If a socio-professional organization in practice of architecture, a research institute and an educational institution providing training courses in the architecture major has been certified eligible for organization of the test, but at the time of certification, the organization/institute/institution only requires one form of the test, when adding the form of organization of the test, it shall satisfy requirements on infrastructure facilities (for offline tests), requirements for management, technical infrastructure, test software (for online tests) and notify the Ministry of Construction for monitoring and inspection.”.

Article 4. Amendments to some Articles of Government's Decree No. 11/2013/ND-CP dated January 14, 2013 on investment management of urban development;

1. Some Clauses of Article 2 shall be amended as follows:

a) Clause 8 shall be amended as follows:

“8. Urban development investment project including urban center construction investment project and work construction investment project in urban center.

b) Clause 9 shall be amended as follows:

“9. The urban center construction investment project is a project specified in Clause 15a, Article 3 of the Law on Construction No. 50/2014/QH13 amended by Point dd, Clause 1, Article 1 of Law No. 62/2020/QH14.”.

c) Clause 12 shall be amended as follows:

“12. Level 1 investor is a person who invests in the urban center construction investment project as prescribed by the law on construction and the law on housing.”.

2. Clause 1 Article 3 shall be amended as follows:

“1. Ensuring compliance with national planning, regional planning, provincial planning, technical and specialized planning, complying with construction planning, urban planning, urban development construction planning implementation programs and plans.”.

3. Article 3a shall be added after Article 3 as follows:

 “Article 3a. Urban development program

1. Urban development program is a collection of tasks, solutions, programs, schemes and projects with a view to achieving urban development objectives in each period according to the provincial planning, urban general planning formulated for the following areas:

a) Provinces and central-affiliated cities;

b) Cities and townships of provinces or central-affiliated cities; district townships;

c) Areas where new urban centers are expected to be established.

2. The urban development program shall meet the following requirements:

a) Being consistent with national planning, regional planning, provincial planning, urban general planning; strategies, programs and plans for urban development at higher levels that have been approved; medium-term public investment programs and plans and the ability to mobilize actual resources in provinces and districts;

b) Being synchronous with technical and specialized planning, orientations, strategies, programs and plans of other sectors and fields related to urban development.

3. The urban development program shall include some or all contents. To be specific:

a) Urban development targets in each period of 5 years and 10 years; concretized contents by each year in the first 5 years of the program;

b) Programs and projects on investment in construction and development of prioritized infrastructure and urban landscape architecture which satisfy criteria and standards of urban classification;

c) Programs and plans for the development of areas that have been identified according to urban planning, urban development areas (if any) for focus on investment in the formation of technical and social infrastructure and urban landscape architecture according to each period in synchronous manner;

d) Key programs and projects for gradual implementation of sustainable urban development;

dd) Resources and use of resources, solutions, list and priority order of urban development investment projects using public investment capital and other capital sources, expected results according to annual, 5-year and 10-year timeframes;

e) Responsibilities for organization, inspection and supervision of the implementation of urban development programs.

4. Urban development programs of provinces and central-affiliated cities shall include the following contents:

a) Regarding urban development programs of provinces: contents specified at Points a, d, dd and e, Clause 3 of this Article; lists, roadmaps and plans for urban classification, establishment and adjustment in the boundaries of urban administrative units for implementation of plans for development of the provincial urban system in each period of 5 years and 10 years, concretized contents by each year in the first 5 years of each program;

b) Regarding urban development programs of central-affiliated cities: contents specified at Point a of this Clause and Point b, Clause 3 of this Article; Point c, Clause 3 of this Article, for districts and areas where the expansion of districts or the establishment of new districts is planned.

5.  Urban development programs of cities and townships of provinces or central-affiliated cities; district townships shall include the following contents

a) Regarding urban development programs of cities and townships of provinces or central-affiliated cities: contents specified in Clause 3 of this Article;

b) Regarding urban development programs of district townships: some or all contents specified in Clause 3 of this Article. The contents specified at Points a, b and e, Clause 3 of this Article shall be also ensured.

6. Urban development programs of areas where new urban centers are expected to be established shall include the following contents

a) Regarding urban development programs of areas where central-affiliated cities are expected to be established: contents specified at Point b, Clause 3, Point a, Clause 4 of this Article; Point b, Clause 3 of this Article, for areas where districts and wards under districts are expected to be established according to the approved urban planning;

b) Regarding urban development programs of areas where new urban centers are expected to be established other than areas specified in point a of this Clause: some or all contents specified in Clause 3 of this Article. The contents specified at Points a, b and e, Clause 3 of this Article shall be also ensured.

7. It is required to follow the following procedures for formulation, appraisal and approval for urban development programs

a) Provincial People's Committees shall assign their specialized agencies to organize the formulation, collection of opinions and send them to agencies specified at Point c of this Clause to appraise urban development programs for provinces and central-affiliated cities, areas where central-affiliated cities are expected to be established;

b) Provincial People's Committees shall assign district People's Committees to organize the formulation and collection of opinions on urban development programs for cities, towns and areas where new urban centers are expected to be established in provinces or central-affiliated cities, townships and areas where district townships are expected to be established. District People's Committees shall report to district People's Councils before sending them to agencies specified at Point c of this Clause for appraisal;

c) Provincial People's Committees shall assign Departments of Construction or Departments of Planning and Architecture (for Hanoi and Ho Chi Minh City) to organize the appraisal of urban development programs;

d) Agencies formulating urban development programs shall submit them to provincial People's Committees for approval. Provincial People's Committees shall report to provincial People's Councils before approving urban development programs for urban development programs of provinces, central-affiliated cities, and areas where central-affiliated cities are expected to be established and cities classified or expected to be classified as urban centers of grades I and II;

dd) Provincial and district People's Committees shall allocate funds for formulation and appraisal of urban development programs from the state budget or other lawful capital sources.

8. The urban development program shall be reviewed, adjusted or made according to results of the review, synthesis and evaluation of the implementation after each period of 5 years or after competent authorities promulgate new objectives for urban development or approve planning, strategies, programs and plans specified at Point a, Clause 2 of this Article.

9. The Minister of Construction shall elaborate this Article.”.

4. Clause 7 Article 4 shall be amended as follows:

“7. Provincial People's Committees shall specify the areas permitted to execute the transfer of land use right in form of dividing lots, selling vacant land for people to build their own houses under detailed planning of the project which has been approved, thereby meeting regulations of the law on land, housing, real estate trading and the following regulations:

a) The project is consistent with all levels of urban planning; the infrastructure construction investment of the whole project is completed or the infrastructure construction investment is completed according to the approved investment phasing; the construction of housing shall follow the approved project's contents and schedule;

b) Areas in the project are not areas with strict requirements concerning landscape architecture, frontages of regional- or higher-level roads and main landscape roads in cities, downtown areas, and proximities of facilities that serve as prominent architectural points of cities.

Provincial People's Committees shall, according to urban planning, each urban development program for each urban center, approved regulations on architecture management and national technical regulations on planning for construction, infrastructure and urban centers, specify the areas permitted to execute the transfer of land use right in form of dividing lots, selling vacant land for people to build their own houses.”.

5. Point k Clause 2 Article 10 shall be amended as follows:

“k) Proposal for the form of management according to regulations in Article 13 of this Decree.".

6. Some Clauses of Article 13 shall be amended as follows:

“Article 13. Management board of urban development area

1. Provincial People's Committees shall decide to maintain or reorganize or dissolve management boards of urban development areas or assign public service providers under their management to take charge of performance of tasks in management of urban development areas specified in Clause 2 of this Article. Reorganization and dissolution of management boards of urban development areas shall comply with the law on public service providers.

2. Tasks of management board of urban development areas:

a) Proposing specific contents of the urban development area implementation plan in the approved urban development area proposal and organizing the implementation;

b) Organizing investment promotion activities in urban development areas; studying and proposing preferential policies and specific mechanisms applicable to construction investment activities in urban development areas;

c) Proposing the identification of investment projects according to capital sources for the implementation of urban development areas, reporting to the People's Committee of the province; providing guidance and assisting investors in the process of investment preparation and implementation of urban development investment projects;

d) Organizing management or being assigned to act as an investor for projects using state budget capital in urban development areas;

dd) Monitoring, supervising and summarizing the implementation of investment projects in urban development areas according to project contents that have been approved;

e) Periodically or irregularly consolidating, reporting and proposing handling of problems about synchronous connection of framework technical infrastructure, technical infrastructure among projects, problems arising in investment implementation process in urban development areas to competent authorities

g) Building the database system, providing information on urban development areas; synthesizing and reporting at the request of competent agencies on the implementation of investment projects and plans for deployment of urban development areas under their management;

h) Performing other tasks and powers according to regulations of the law.

3. Provincial People's Committees shall promulgate regulations on cooperation among units assigned to manage urban development areas and affiliated specialized agencies.

7. Clause 2 Article 34 shall be amended as follows:

“2. The adjustment in the project progress shall comply with regulations of the law on investment and construction.”.

8. Article 38 shall be amended as follows:

“Article 38. Transfer of management in urban center

1. Transfer of management in an urban center means transfer of the following contents between an investor and a transferee specified in Clause 4 of this Article

a) Works and work items in the urban center managed by the transferee and invested by the investor;

b) Rights, obligations and responsibilities for management of construction; management of construction order within the scope of the project; provision of urban services.

2. After completion of construction investment, areas in the project and the whole urban center according to investment phasing shall be managed.

3. When urban center construction investment projects or some works in such projects are put into operation and use or transferred for management, it is required to comply with regulations in Article 124 of the Construction Law No. 50/2014/QH13 amended by Clause 46, Article 1 of Law No. 62/2020/QH14.

4. The People's Committee of province is the transferee for urban centers in the province, except for the case where the transferee is prescribed by specialized law or the transferee is a unit that has management competence assigned in the written approval for investment guideline.   The provincial People's Committee is decentralized and authorized to receive management transfer in accordance with the Law on Local Government Organization.

5. Preliminary plan and management transfer plan in urban center

a) The preliminary management transfer plan in an urban center is a content of the investment project proposal or the construction investment pre-feasibility study report. The preliminary management transfer plan in an urban center includes a preliminary proposal for urban infrastructure retained by the investor for business investment and urban infrastructure transferred or recommended for transfer to the local government by the investor; a proposal for management of the contents specified at Point b, Clause 1 of this Article, and the attached requirements and conditions (if any); a proposal for the transferee;

b) The management transfer plan in an urban center is a content of the construction investment feasibility study report. The management transfer plan in an urban center includes a proposal for management of the contents specified in Clause 1 of this Article, the attached requirements and conditions (if any); a proposal for the transfer time, the transferee and opinions of the expected transferee (if any); a proposal for contents of cooperation with the local government in investment in construction of technical infrastructure outside the fence and technical infrastructure under management by the State across the project area; a proposal for a plan for cooperation in administrative management before, during and after the transfer.

6. Management transfer in urban center and asset management and use after transfer

a) The investor shall be responsible for making transfer according to the transfer plan in the construction investment feasibility study report, which has been appraised by a construction authority in accordance with the law on construction; be responsible for the quality of works, organizing the implementation of warranty and maintenance according to regulations of law, managing and ensuring the quality of operation for the works that have not been transferred; providing urban services until the transfer is completed and for urban infrastructure retained by the investor for business investment;

b) If the transferee is a state management agency, the People's Committee of province shall receive management in accordance with the law on management and use of public property. After receipt, the People's Committee of the province shall transfer the asset to the agency, organization or unit and direct such agency, organization or unit to manage, use and operate works or work items in the urban center according to regulations of law on management and use of public property;

c) The transferee shall be responsible for receiving transfer according to regulations; making agreement with the investor and reporting the transfer results to the People's Committee of province or district for monitoring; providing urban services or transferring them to the agency, organization, unit or enterprise for post-transfer management;

d) The provincial People's Committee shall be responsible for directing and inspecting the exercise of rights and responsibilities of related parties when transferring management of urban centers in the province.

7. The management and use of works and work items in urban centers invested by the State shall comply with regulations of law on management and use of public property.”.

9. Some Clauses of Article 46 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. Uniformly managing urban development in the area; building apparatus capable of meeting state management requirements consistent with actual urban development; allocating funds from the state budget for formulation, appraisal and approval for, according to their competence, strategies, planning, regulations, programs and plans for urban development management, organization of the implementation of urban development programs and investment in key technical and social infrastructure projects.”.

b) Clause 2 shall be amended as follows:

“2. Directing the review and assessment and identifying urban development areas, planning the implementation of urban development area, organizing management of urban development area; calling for investment in urban development investment projects in the province.”.

c) Clause 3 shall be amended as follows:

“3. Conducting the site clearance in accordance with the law; directing and organizing the implementation and periodic inspection of the transfer of land use right with the complete infrastructure investment for people to build their own houses under the detailed planning of the approved project.".

d) Clause 5 shall be amended as follows:

“5. Attracting and organizing investment in the construction of new urban centers according to planning; periodically reviewing, evaluating and investing in completion of standards and criteria for urban classification; investing in the construction of urban infrastructure to meet technical standards; renovating and reconstructing urban centers; controlling construction investment according to the approved urban development program; organizing the construction of technical infrastructure outside the scope of the project to ensure synchronous connection with the urban framework technical infrastructure system.”.

dd) Clause 6 shall be amended as follows:

“6. Directing the implementation of management of construction order in the project according to the law on construction, receiving transfer and organizing administrative management when receiving the management transfer in urban centers; controlling the provision of urban services for urban center construction investment projects that have not been transferred.”.

10. Clause 11 Article 2; Clause 1, Article 4; Clause 2, Clause 3, Clause 4, Clause 5 Article 7; Point a, Point c Clause 1 Article 9; Article 19; Article 31; Article 32; Article 36; Article 37; Clause 2, Clause 3, Clause 4, Clause 5 Article 40; Clause 5, Clause 6 Article 41; Clause 3, Article 50 shall be annulled.

11. Some phrases in some Points, Clauses and Article shall be replaced as follows:

a) The phrase “quy hoạch tổng thể phát triển kinh tế - xã hội” (the master plan of socio-economic development) in Article 8, Point a Clause 3 of Article 9 shall be replaced by the phrase “quy hoạch cấp quốc gia, quy hoạch vùng, quy hoạch tỉnh” (national planning, regional planning, provincial planning);

b) The phrase “quy hoạch tổng thể hệ thống đô thị quốc gia” (the master plan of national urban systems) in Point a Clause 3 of Article 9 and Clause 2, Clause 4 Article 41 shall be replaced by the phrase “quy hoạch hệ thống đô thị và nông thôn” (urban and rural system planning).

Article 5. Amendments to some Articles of Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 on guidelines for the Law on Housing amended by Decree No. 30/2019/ND-CP dated March 28, 2019, and Government’s Decree No. 30/2021/ND-CP dated March 26, 2021

1. Clauses 1 and 2 Article 18 shall be amended as follows:

“1. Investors eligible according to regulations in Article 21 of Law on Housing No. 65/2014/QH13 amended by Clause 1 Article 75 of Law on Investment No. 61/2020/QH14, Clause 2 Article 119 of the Land Law and law on real estate trading, winning bidding or auction of the rights to use land used for housing construction projects or granted investor approval according to regulations in Clause 3 Article 29 of Law on Investment No. 61/2020/QH14 may become owners of commercial housing construction projects.

2. Investors who hold land use rights according to regulations in Clause 1 Article 23 of Law on Housing No. 65/2014/QH13 amended by Article 4 of Law No. 03/2022/QH15, Clause 4 Article 23 of Law on Housing No. 65/2014/QH13, are eligible according to regulations in  Article 21 of Law on Housing No. 65/2014/QH13 amended by Clause 1 Article 75 of Law on Investment No. 61/2020/QH14, law on real estate trading and relevant laws, and are granted investment guideline approval and investor approval may become owners of commercial housing construction projects

2. Clause 1 Article 57 shall be amended as follows:

“1. Entities eligible to lease state-owned old houses specified in this Decree are people who are using such houses and wish to keep leasing them, including:

a) Entities provided with the houses before November 27, 1992 (issuance date of the Prime Minister’s Decision No. 118/TTg on house rents and inclusion of house rents in wages)

b) Entities provided with the houses specified in Clause 1 Article 61 of this Decree.

c) Entities receiving the transferred rights to lease houses that have been put into use according to the time specified at Point a or Point b of this Clause and obtaining written approval for the transfer of the right from the housing management agency when carrying out procedures for leasing houses in accordance with the law;

d) Entities under the case specified in Point dd Clause 2 of this Article.

Cases specified in Points c and d of this Clause are not cases where houses are illegally appropriated.”.

3. Point e Clause 1 Article 57a shall be added as follows:

“e) If the occupant obtains proving documents specified at Point dd, Clause 2, Article 57 of this Decree, the housing allocation date shall be determined according to the time when the competent authority has issued such proving documents”.

4. The first paragraph of Clause 2 Article 60 shall be amended as follows:

“2. Procedures for leasing old houses for cases specified in Point b, Point d Clause 2 of Article 57 of this Decree shall be carried out as follows:

5. Clause 1 Article 65 shall be amended as follows:

“1. The house price is determined according to the remaining value of the house and price adjustment coefficient. The remaining value of the house equals (=) the rate of remaining value multiplied by (x) price of a new house imposed by the People’s Committee of the province applicable at the time of concluding the purchase contract and multiplied by the usable area of the house

With regard to a villas in which more than one households live and that has a shared area, this shared area shall be divided according to the ratio of use area of each household. With regard to a class IV house that has been dismantled and rebuilt by the tenant before the effective date of this Decree, its remaining value is 0 (zero).

With regard to a class I house, a class II house or a class III house that has been dismantled and rebuilt by the tenant before the effective date of this Decree, its remaining value shall be determined according to the current state at the allocation date stated in the decision, the document on distribution and allocation or in the house lease contract or according to the house use time that is determined according to the documents specified at Point dd, Clause 2, Article 57 of this Decree. In case any document specified in this Clause states the house class but this document does not state its remaining quality, the remaining quality rate shall be equal to 50% of the value of that house class; in case the house class is not stated, the remaining quality rate shall be equal to 50% of the value of the class III house to serve as the basis for calculation of the house selling price.”.

6. Point c Clause 1 Article 84 shall be annulled.

7. Point m Clause 1 Article 85 shall be added as follows:

“m) Consider and decide the adjustment in objectives of the housing construction investment project under the authority to decide or approve investment policies of the provincial People's Committee; when considering the adjustment in investment policies, the consideration and decision on the adjustment in objectives shall comply with regulations of the law on investment, public investment and other relevant laws (if any). Report projects under the authority to decide or approve investment policies of the National Assembly, the Government or the Prime Minister to these agencies for consideration and adjustment in the project's objectives when considering the adjustment in investment policies according to regulations of the law on investment, public investment and other relevant laws (if any).

Article 6. Amendments to some Articles of Government’s Decree No. 100/2015/ND-CP dated October 20, 2015 on development and management of social houses amended by Government's Decree No. 49/2021/ND-CP dated April 01, 2021

1. Clause 4 Article 3 shall be amended as follows:

“4. “projects on investment in social house construction” includes independent projects on investment in social house construction and projects on investment in social house construction using 20% of total residential land of projects on investment in construction of commercial houses and urban centers (hereinafter referred to as “commercial housing projects”) that is allocated to social housing

2. Clause 1 Article 9 shall be amended as follows:

“1. Investors of social housing projects not funded by the capital source or carried out under the form specified in Clause 1, Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point b, Clause 6, Article 99 of the Law on Public – Private Partnership Investment (PPP) No. 64/2020/QH14 for lease, lease purchase or sale may be exempt from land levies and land rents in accordance with Point a Clause 1 Article 58 of the Law on Housing

The provincial People’s Committee shall consider and decide refund of land levy paid by the investor when receiving land from the State or land use rights from another organization, household or individual that is used for social housing construction, or land levy paid by the investor for the 20% land area, or deduction of such amount, including compensation and land clearing costs (if any), from the investor’s financial obligations to the State according to regulations in Article 05 of this Decree.".

3. Clause 4 Article 21 shall be amended as follows:

“4. The provincial People’s Committee shall appoint the Department of Construction or an affiliated authority to verify the selling prices, lease purchase prices, and rents of social housing invested in by capital or under form other than the capital source or form specified in Clause 1, Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point b, Clause 6, Article 99 of the Law on Public – Private Partnership Investment (PPP) No. 64/2020/QH14, within the province, according to the procedures provided for in Article 21a of this Decree.”.

4. Clause 3 Article 30 shall be amended as follows:

“3. Strictly monitor and manage the purchase, lease, or lease purchase of social housing; establish brackets of selling prices, rents, and lease purchase prices for local social housing within their authority.

5. Clause 2 Article 5; Clause 2 Article 9 shall be annulled.

6. The phrase “vốn đầu tư công, vốn nhà nước ngoài đầu tư công” (public investment capital and state capital not allocated to public investment) in Clause 6 Article 1; Clause 5 Article 5; Clause 1, Clause 2 Article 8; Clause 4 Article 21 shall be replaced by the phrase “nguồn vốn hoặc hình thức” (the capital source or the form) specified in Clause 1, Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point b, Clause 6, Article 99 of the Law on Public – Private Partnership Investment (PPP) No. 64/2020/QH14.

Article 7. Amendments to some Articles of Government's Decree No. 69/2021/ND-CP dated July 15, 2021 on renovation and reconstruction of apartment buildings.

1. Clause 3 Article 13 shall be amended as follows:

“3. In case land area where apartment renovation and reconstruction are conducted is smaller than 2 ha, the competent authority shall formulate, appraise and approve the detailed planning according to a shortened procedure (general ground planning procedure).  The formulation, appraisal, approval, adjustment and announcement about the general ground planning shall comply with regulations of the law on construction planning and urban planning.”.

2. The phrase “không thuộc sở hữu nhà nước” (not owned by the state) in name of Article 21 shall be annulled.

Article 8. Amendments to some Articles of Government's Decree No. 62/2016/ND-CP dated July 01, 2016 on requirements of judicial expertise in construction and construction experiments.

1. Article 2 shall be amended as follows:

“Article 2. Standards of constructional judicial experts and ad hoc constructional judicial experts

Judicial experts and ad hoc constructional judicial experts shall meet the standards specified in Clause 1, Article 7 and Clauses 1 and 2, Article 18 of the Law on Judicial Expertise No. 13/2012/QH13 and their professional operations shall meet the following standards:

1. Judicial expertise in compliance with laws  

a) Regarding judicial expertise in compliance with laws on construction planning: it is required to have practicing certificate of construction planning design according to regulations of the law on construction or have 05 years of experience in state management of construction planning in conformity with judicial expertise subjects and contents;

b) Regarding judicial expertise in compliance with laws on construction investment: it is required to satisfy the conditions of capacity for construction as prescribed by the law on construction to perform one of the tasks of construction survey, construction design, construction supervision, construction valuation, construction investment project management and construction inspection or have at least 05 years of experience in state management of construction in conformity with expertise subjects and contents.

c) Regarding judicial expertise in compliance with laws on housing and real estate trading: it is required to have at least 05 years of experience in state management of housing and real estate market in conformity with judicial expertise subjects and contents;

2. Judicial expertise in the quality of work construction

a) Regarding judicial expertise in the quality of construction survey/design: it is required to have practicing certificate of construction survey/design according to regulations of the law on construction in conformity with judicial expertise subjects and contents;

b) Regarding judicial expertise in the quality of works/their components; expertise in causes of construction incidents/damage: it is required to meet eligibility requirements for practicing construction inspection according to regulations of the law on construction in conformity with judicial expertise subjects and contents;

3. Regarding judicial expertise in construction costs/value of housing and real estate: it is required to have practicing certificate of construction valuation according to regulations of the law on construction or have at least 05 years of experience in state management in conformity with judicial expertise subjects and contents;

2. Article 3 shall be amended as follows:

“Article 3. Requirements for ad hoc constructional judicial expertise institutions

Ad hoc constructional judicial expertise institutions shall comply with regulations in Article 19 Law on Judicial Expertise No. 13/2012/QH13 amended by Clause 28, Article 1 of Law No. 56/2020/QH14 and their professional operations shall meet the following standards:

1. Judicial expertise in compliance with laws  

a) Regarding judicial expertise in compliance with laws on construction planning: it is required to meet all eligibility requirements for organizations responsible for construction planning formulation according to regulations of the law on construction in conformity with judicial expertise subjects and contents; individuals that preside over judicial expertise shall meet standards specified in Point a Clause 1 Article 2 of this Decree;

b) Regarding judicial expertise in compliance with laws on construction investment: it is required to satisfy the conditions of capacity for construction as prescribed by the law on construction to perform one of the tasks of construction survey, construction design, construction supervision, construction investment project management, construction inspection and construction investment cost management in conformity with expertise subjects and contents; individuals that preside over judicial expertise shall meet standards specified in Point b Clause 1 Article 2 of this Decree

2. Judicial expertise in the quality of work construction

a) Regarding judicial expertise in the quality of construction survey/design: it is required to meet all eligibility requirements for construction-surveying/designing organizations according to regulations of the law on construction in conformity with judicial expertise subjects and contents;

b) Regarding judicial expertise in the quality of works/their components; expertise in causes of construction incidents/damage; expertise in the quality of materials, structures, constructional products and equipment: it is required to meet eligibility requirements for construction-inspecting organizations according to regulations of the law on construction in conformity with judicial expertise subjects and contents;

c) Individuals that preside over judicial expertise in contents specified in Points a and b of this Clause shall meet corresponding conditions as prescribed in Clause 2, Article 2 hereof.

3. Regarding judicial expertise in judicial expertise in construction costs/value of housing and real estate: it is required to meet eligibility requirements for organizations managing investment costs according to regulations of the law on construction in conformity with judicial expertise subjects and contents; individuals that preside over judicial expertise shall meet standards specified in Clause 3 Article 2 of this Decree;

3. Article 4 shall be amended as follows:

“Article 4. Eligibility requirements for constructional judicial expertise offices

1. Be established and issued with certificate of operation registration in accordance with Articles 14, 15, 16 and 17 of the Law on Judicial Expertise No. 13/2012/QH13 amended by Law No. 56/2020/QH14 and relevant laws.

2. Meet eligibility requirements for corresponding conditions of ad hoc constructional judicial expertise institutions specified in Article 3 of this Decree and conform to contents of the registration of construction-related judicial expertise; Individuals that preside over judicial expertise shall meet corresponding conditions as prescribed in Article 2 hereof.”.

4. Article 5a and Article 5b shall be added after Article 5 as follows:

a) Article 5a shall be added as follows:

 “Article 5a. Scope and fields of construction experiments

1. Construction experiments include measurement activities that determine the mechanical, physical, chemical and geometrical characteristics of the experimental subjects, including construction products and materials; components and structures of construction works; construction environment; geotechnical engineering; site experiment and other experiments.

2. Construction experiments may be conducted in a laboratory or on the construction site.

b) Article 5b shall be added as follows:

 “Article 5b. Construction laboratories and on-site experiment stations

1. Construction laboratory is a department that is affiliated to an organization performing construction experiments and whose personnel (head, deputy head and experimenters of the laboratory) and experimental apparatus and equipment and devices are arranged in a separate area to meet requirements for performance of construction experiments.  Each construction laboratory shall be granted an identification number of Laboratory Accreditation Scheme in construction (LAS-XD) and have its address specified in a Certificate of eligibility for performing construction experiments.

2. The identification number is used for management of Certificate of eligibility for performing construction experiments The identification number does not change when the organization requests for re-issuance or amendments to Certificate of eligibility for performing construction experiments that has been issued, except for the case where in case of request for re-issuance or amendments to Certificate of eligibility for performing construction experiments that has been issued by the Ministry of Construction, the re-issuance of the identification number shall comply with regulations of this Decree. The identification number includes 02 groups of symbols connected by a dot (.). To be specific:

a) Group 1: identification number of the construction laboratory specified in Appendix V to this Decree, including the abbreviation of the construction laboratory (LAS-XD) and characters which represent the local authority that issues the Certificate of eligibility for performing construction experiments.

b) Group 2: Number of the construction laboratory, consisting of 3 digits in the order of natural numbers.

3. On-site experiment station is a department under a construction laboratory and it is established by an organization performing construction experiments for a specific project/construction work during the duration for execution of such project/construction work.  The on-site experiment station shall be provided with sufficient personnel, apparatus, devices and equipment in order to meet the requirements for the experiments to be performed in terms of area and experimental conditions applicable to a construction laboratory.

4. According to the actual requirements for each project/construction work, a decision on establishment of the on-site experiment station shall be issued by the organization performing construction experiments.  The decision on establishment of the on-site experiment station shall specify its address and be enclosed with a list of personnel, apparatus and equipment to be transferred.  Such decision shall be sent to the investor or the entity authorized by the investor to verify if experiments to be performed in the construction work are conformable. The verification process shall be documented prior to conducting experiments. If an on-site experiment station serves multiple projects/construction works at the same time, it shall be specified in the decision on establishment of the on-site experiment station or an additional decision shall be issued.

5. The organization performing construction experiments is entitled to use the identification number of LAS-XD of laboratory stated in the Certificate of eligibility for performing construction experiments for an on-site experiment station.

6. The experimental equipment at an on-site experiment station shall be tested/calibrated again at the area where the on-site experiment station is located according to regulations of law on measurement before any experiment is conducted.

5. Article 6 shall be amended as follows:

“Article 6. Applications, procedures and authority to issue certificates of eligibility for performing construction experiments

1. A certificate of eligibility for performing construction experiments shall be issued to an entity in the following cases:

a) A new certificate of eligibility for performing construction experiments shall be issued to the entity that has not been issued with such certificate or in case its certificate has expired but the organization performing construction experiments wishes to maintain operation;

b) A certificate of eligibility for performing construction experiments shall be amended in case the organization performing construction experiments changes the location of the laboratory; or changes or modifies experiment criteria and standards in the Certificate of eligibility for performing construction experiments;

c) A certificate of eligibility for performing construction experiments shall be amended in case the organization performing construction experiments changes its name and address in the Certificate of eligibility for performing construction experiments that has been issued;

d) A certificate of eligibility for performing construction experiments shall be re-issued in case the certificate is still valid but it is lost or damaged, or its information is wrong, or the organization performing construction experiments wishes to stop fulfilling some criteria in the Certificate of eligibility for performing construction experiments.

2. An application for new issuance, amendment or re-issuance of a certificate of eligibility for performing construction experiments includes:

a) Registration form for issuance of the certificate according to Form 01 in Annex I enclosed herewith (in case of new issuance, re-issuance), or registration form for amendment to the certificate according to Form 02 in Annex I enclosed herewith (in case of requests for amendments);

b) List of managers and experimenters accompanied by relevant diplomas and training certificates (for cases specified in Points a and b Clause 1 of this Article);

c) Documents proving qualifications of laboratory staff as prescribed in Point b, Clause 2, Article 5 hereof in conformity with each case of new issuance or amendment to the certificate specified in Points a and c Clause 1 of this Article;

d) Documents related to the changed contents in cases specified in Point c Clause 1 of this Article (if any).

3. Procedures for new issuance or amendment to a certificate of eligibility for performing construction experiments for cases specified in Points a and c Clause 1 of this Article:

a) The organization performing construction experiments shall submit an application in person or by post to the One-Stop Department of the Construction Department or submit it online on the administrative procedure information system of the Construction Department;

b) Within 05 working days from the date of receipt of the application, if the application remains insufficient and ineligible, the Ministry of Construction shall instruct the applicant to make amendments for completion;

c) Within 15 working days from the date of receipt of the application, if the application is sufficient and eligible, the Department of Construction shall conduct a site inspection; the inspectorate includes a representative of the Department of Construction and experts with relevant expertise and working experience of at least 05 years from the date of university graduation. Contents of a site inspection shall comply with regulations in Appendix IV issued together with this Decree.

If the organization registering construction experiments must correct the contents specified in the written record of site inspection, within 30 days from the date of formulation of the written record, the organization registering construction experiments shall send a report on the correction results to the Construction Department. If it is required to extend the duration for correction to the contents, the organization registering construction experiments shall send a report to the Construction Department and clearly state the deadline for completion of correction to the above contents. However, the duration for correction shall not exceed 15 days from the expiration of the deadline;

d) Within 05 working days since the written record of site inspection is issued and the correction results (if any) are satisfactory, the Department of Construction shall be responsible for issuing the certificate as prescribed in Appendix II enclosed herewith.

4. Procedures for re-issuance or amendment to a certificate of eligibility for performing construction experiments for cases specified in Points c and d Clause 1 of this Article:

a) The organization performing construction experiments shall submit an application in person or by post to the One-Stop Department of the Construction Department or submit it online on the administrative procedure information system of the Construction Department;

b) Within 05 working days from the date of receipt of the application, if the application remains insufficient and ineligible, the Ministry of Construction shall instruct the applicant to make amendments for completion;

c) Within 05 working days from the date of receipt of the application, if the application is sufficient and eligible, the Department of Construction shall amend or re-issue the certificate of eligibility for performing construction experiments.

5. Authority to issue, suspend and terminate certificates of eligibility for performing construction experiments

a) The Construction Department shall issue the certificate of eligibility for performing construction experiments to the organization performing construction experiments in its province.

b) An agency having authority to issue the Certificate of eligibility for performing construction experiments is an agency having authority to suspend or terminate the Certificate.

6. In case of amendments to the Certificate of eligibility for performing construction experiments specified at Points b, c and d, Clause 1 of this Article, the validity period shall be stated according to the Certificate that has been issued.

7. The cost for assessment shall be covered by the organization registering construction experiments in accordance with law.”.

6. Article 7 shall be amended as follows:

“Article 7. Suspension and termination of certificate of eligibility for performing construction experiments

1. The organization performing construction experiments shall have the certificate suspended if it commits the following violations:

a) Making a notice about suspension of operation;

b) Failing to regularly maintain conditions as prescribed in Article 5 hereof;

b) Failing to apply for amendment to a certificate of eligibility for performing construction experiments for the case specified in Point b Clause 1 Article 6 of this Decree;

d) Providing test results that are misleading or not conformable with regulations in Appendix III enclosed herewith;

dd) Performing experimental criteria and standards that are not included in the Certificate. Experimenters have no diplomas or training certificates in conformity with the experimental field;

e) Failing to fulfil requirements of competent state management agencies within the duration stated in the conclusion of inspection of construction experiments;

g) Failing to comply with regulations in case of establishment of on-site experiment stations.

2. The organization performing construction experiments shall have the certificate terminated if it commits the following violations:

a) Being dissolved, bankrupt or committing serious violations against applicable regulations;

b) Making a notice about termination of operation;

c) Failing to overcome errors after the period for which the certificate is suspended;

d) Falsifying test results; providing data deviating from test results that cause serious consequences to the construction quality;

dd) Changing the location of the laboratory which is different from the location stated in the Certificate of eligibility for performing construction experiments that has been issued.

3. The organization performing construction experiments that has the certificate suspended under the competent agency’s decision may only be considered being issued with a decision to restore the validity of the certificate if the organization has rectified its violations within 03 months from the date of issuance of the suspension decision.  After 03 months, if the organization performing construction experiments fails to rectify its violations, the competent authority shall issue a decision to terminate the Certificate.

4. The organization performing construction experiments that has the certificate terminated under regulations in Clause 2 of this Article may apply for the certificate after 06 months from the date of issuance of the decision to terminate the certificate. The procedure for issuance of the Certificate of eligibility for performing construction experiments shall be the same as that for new issuance of the Certificate specified at Point a, Clause 1 of Article 6 of this Decree.”.

7. Article 8a shall be added after Article 8 as follows:

 “Article 8a. Responsibilities of agencies and entities for construction experiments

1. Responsibilities of state management agencies:

a) The Ministry of Construction shall uniformly manage construction experiments with the identification number (LAS-XD) and build a database of management of construction experiments; conduct periodic or adhoc inspection of the organization performing construction experiments; conduct periodic or adhoc inspection of new issuance, re-issuance, amendment, suspension and termination of the Certificate of eligibility for performing construction experiments conducted by the Construction Department;

b) The People's Committees of provinces and central-affiliated cities shall be responsible for state management of the contents regulated by this Decree in their administrative regions according to decentralization; direct the Departments of Construction to issue Certificates of eligibility for performing construction experiments and inspect operations of organizations performing construction experiments within their provinces and cities;

c) The Department of Construction shall be responsible for issuance of the Certificate of eligibility for performing construction experiments according to regulations of Clause 5, Article 6 of this Decree; carry out periodic or adhoc inspection of operations of construction laboratories, on-site experiment stations in its province, and organizations performing construction experiments (if any); update data on new issuance, re-issuance, amendment, suspension or termination of the certificate on the website for management of construction experiments of the Ministry of Construction; by December 25 of each year, report on state management of construction experiments in the province to the Ministry of Construction.

2. Responsibilities of organizations performing construction experiments

a) Ensure and maintain the conditions of facilities, equipment, experimenters and quality management system to meet requirements specified in Articles 5 and 5b of this Decree;

b) Be responsible for fulfilling requirements of management agencies and the Department of Construction specified in Clause 1 of this Article;

c) Be responsible to the law for their construction experiments;

d) Within the validity period of the certificate, carry out the proficiency testing or inter-laboratory comparison as prescribed by law on conformity assessment;

dd) By December 20 every year, report operations of construction laboratories and on-site experiment stations to the Department of Construction for consolidation and report according to regulations;

e) Fulfil other responsibilities according to regulations of the law.

8. Appendix I shall be replaced in Appendix I enclosed with this Decree.

9. Appendix II shall be replaced in Appendix II enclosed with this Decree.

10. Appendix IV shall be added in Appendix III enclosed with this Decree

11. Appendix V shall be added in Appendix IV enclosed with this Decree.

Article 9. Amendments to some Articles of Government’s Decree No. 37/2015/ND-CP dated April 22, 2015 on detailed regulations on construction contract amended by Government’s Decree No. 50/2021/ND-CP dated April 01, 2021.

1. Clause 3 Article 18 shall be amended as follows:

“3. Level of advance payment, number of advance payments, date of payment and recovery of advance shall be specified in the invitation to bid, request for proposals or a draft construction contract dispatched to the contractor as foundation for calculation of bid price and proposal price, and agreed specifically in the contract according to regulations of law in conformity with contract implementation progress.

2. The first paragraph of Clause 5 Article 18 shall be amended as follows:

“5. Level of advance payment shall not exceed 30% of the contract value at the time of signing If the higher amount of advance payment is needed, the permission shall be obtained from investment decision makers Regarding projects in which decisions on investment are made by the Prime Minister, the decision on the higher amount of advance payment may be made by Ministers, Heads of ministerial agencies or Chairpersons of provincial People's Committees. The minimum level of advance payment is prescribed as follows:

Article 10. Amendments to some Articles of Government's Decree No. 10/2021/ND-CP dated February 09, 2021 on management of construction investment cost;

1. Point a Clause 2 Article 5 shall be amended as follows:

“a) Compensation, assistance and relocation costs include: compensation costs for land, houses, constructions on land, assets attached to land, assets on water and other compensation costs as per the law; assistance costs when the government performs land appropriation; relocation costs; costs for organizing compensation, assistance and relocation; land use and rental costs during construction period and other costs related to the use and repurposing of land, water resources, marine resources according to regulations of law (if any); costs for repositioning and repaying technical infrastructure invested for construction serving land clearance (if any) and other relevant costs;”.

2. Clause 1 Article 42 shall be amended as follows:

“1. Provide guidance on final settlement of non-public investment state capital. Regulate management and use of revenues generated from project consultancy and management affairs of investors and boards for management of projects utilizing public investment capital.”.

Article 11. Amendments to some Articles of Government's Decree No. 06/2021/ND-CP dated January 26, 2021 on elaboration of the implementation of several regulations on quality management, construction and maintenance of construction works

1. Clauses 4 shall be amended and Clause 4a shall be added after Clause 4 Article 7 as follows:

“4. Under lump-sum turnkey contracts, general contractors shall take charge of quality control, supervision of the construction works on their part and the works performed by subcontractors; carry out other liability assigned by investors under terms and conditions of construction contracts.

4a. Under engineering, procurement and construction contracts (hereinafter referred to as “EPC general contractor”), the delegation of responsibilities among entities is specified as follows:

a) The investor and the EPC general contractor may agree and stipulate in the contract that the EPC general contractor is assigned to perform one or some construction supervision activities under the responsibility of the investor as prescribed in Points b, c, d, dd, e, g, h, i and m, Clause 1, Article 19 of this Decree;

b) The general contractor shall be responsible for organization of the quality management and works undertaken by the general contractor and subcontractors (if any); fulfil other responsibilities as prescribed in the contract with the investor.”.

2. Clause 2 Article 17 shall be amended as follows:

“2. The quantity of construction works shall be calculated and agreed by the supervisor of the investor and the contractor carrying out construction activities according to the time or the stage of construction, and shall be compared with the approved design quantity as a basis for the pre-commissioning test and contractual settlement activities.

3. Point a Clause 3 Article 19 shall be amended as follows:

“a) The general contractor shall be responsible for performing the construction supervision contents under his/her responsibility according to the contract for the work performed by him/her and the work performed by a subcontractor (if any).  The general contractor may have the autonomy in supervising construction or hire a consultancy agency meeting legally prescribed requirements to implement these contents according to regulations;”.

4. Clause 6 Article 21 shall be amended as follows:

“6. Signatories to the pre-commissioning test report in case of application of an EPC contract:

a) The person directly supervising the construction of the EPC contractor or the person directly supervising the construction of the investor with respect to the work under his/her supervision according to the provisions of the contract;

b) Person in charge of construction technical methods of the EPC contractor.

In case where the EPC contractor hires a subcontractor, the person directly in charge of the construction technical methods of the EPC contractor and the person directly in charge of the construction technical methods of the subcontractor shall sign the pre-commissioning test report;

c) The investor’s representative is a signatory if there is an agreement with the general contractor (if any).”.

5. Some Points and Clauses of Article 23 shall be amended as follows:

a) Point d Clause 1 shall be amended as follows:

“d) Complying with legislative regulations on fire prevention and fighting, environmental protection in work construction and other relevant provisions of laws.

b) Points c and d Clause 3 shall be added as follows:

“c) Regarding works under an investment project on construction of urban areas, the investor shall complete the construction of works under the system of technical and social infrastructure and other works (if any) in the project according to the construction plan stated in the construction investment feasibility study report of the project or project component that has been appraised and approved;

d) The construction project or construction project item into operation or in use shall obtain the environmental license issued by the competent authority or environmental registration if such project/project item is required to obtain the environmental license or environmental registration according to regulations of the law on environment and other relevant specialized laws (if any).”.

6. Some Points and Clauses of Article 24 shall be amended as follows:

a) Point b shall be amended and Point b1 shall be added after Point b Clause 2 as follows:

“b) The construction authority directly affiliated to the Ministry in charge of specialized construction works shall have authority to carry out the inspection with respect to construction works, irrespective of whether they are funded by investment capital under their jurisdiction as prescribed in Clause 3 of Article 52 herein, including: construction works assigned by the Prime Minister, special-grade construction works, construction works located along routes passing through 2 provinces or more, grade-I construction work; except for works specified in Point a, Point b1 of this Clause and works under construction investment projects for which only construction investment economic-technical reports are required;

b1) Construction authorities under the People's Committees of Hanoi and Ho Chi Minh City shall inspect works under the projects invested with public investment capital and decided by the Chairperson of the People's Committee of Ho Chi Minh City or decentralize or authorize investment decisions, except for the works specified at Point a of this Clause;”.

b) Point b Clause 4 shall be amended as follows:

“b) Inspection of pre-commissioning testing conditions for completion of construction works.”.

7. Clause 2 Article 27 shall be amended as follows:

“2. Depending on the specific conditions of each construction work, each completed project constituent or each construction item that is completed and tested according to regulations can be delivered and put into operation and use at the request of the investor or the operator. In case of transfer of works or work items under the project on urban center construction, before transfer, the construction of works under the system of technical and social infrastructure and other works (if any) shall be completed in the project according to the construction plan stated in the construction investment feasibility study report of the project or the project component which has been appraised and approved according to regulations”.

8. Clause 3 shall be amended and Clause 3a shall be added after Clause 3 Article 53 as follows:

“3. Construction works commencing before the effective date of this Decree and subject to the inspection of the pre-commissioning tests under the provisions of this Decree shall comply with the provisions of this Decree, except for the case specified in Clause 3a of this Article.

“3a. With regard to works that are constructed before the effective date of this Decree, subject to inspection and acceptance according to regulations in Decree No. 46/2015/ND-CP, this Decree and under authority to inspect pre-commissioning tests of a construction authority under the provincial People's Committee or the district People's Committee according to decentralization, determined according to regulations in Decree No. 46/2015/ND-CP, the authority to inspect pre-commissioning tests shall comply with regulations of Decree No. 46/2015/ND-CP.”.

9. Appendix VII shall be replaced in Appendix V enclosed with this Decree.

Article 12. Amendments to some Articles of Government's Decree No. 15/2021/ND-CP dated March 03, 2021 on elaboration of certain regulations on management of construction projects

1. Point a Clause 1 Article 4 shall be amended as follows:

“a) Pre-construction: construction survey; formulation, appraisal of construction investment pre-feasibility study report/investment guideline recommendation report, decision or approval for investment guidelines (if any); formulation, appraisal, approval of detailed construction planning to formulate construction investment feasibility study report/construction investment economic-technical report; formulation, appraisal of construction investment feasibility study report/ construction investment economic-technical report for construction approval/decision and other necessary tasks related to pre-construction;

2. Point c Clause 3 Article 5 shall be amended as follows:

“c) Projects primarily for procurement of goods, services, installation of equipment or projects for repair, renovation without impact on bearing structure of the works with the cost of construction component (exclusive of equipment cost) less than 10% of total investment and less than VND 5 billion (except for projects of national importance, projects of group A, PPP projects).”.

3. Clause 3 Article 11 shall be added as follows:

 “3. The construction investment feasibility study report shall be made for the entire project or for each project component, for each stage of the project's implementation (for one or several works under the project) when the project is divided into multiple phrases but the report shall be consistent with the investment guideline decision or the decision on approval for investment guidelines or the written approval for investment or the investment registration certificate issued by the competent authority; the construction investment feasibility study report of the project component or according to the stage shall show the contents specified in Clauses 1 and 2 of this Article and meet synchronous requirements of the entire project.”.

4. Clause 4 and the first paragraph of Clause 5 Article 12 shall be amended as follows:

“4. The appraisal applicant shall submit an application for appraisal of feasibility study report, economic - technical report to the appraising agency in accordance with the provisions of Clause 3 of this Article. The results of the appraisal of the construction investment economic-technical report shall follow the Form No. 02a, Appendix I of this Decree. The Decision to approve projects for which only construction investment economic-technical reports are required, funded by public investment capital or state capital other than public investment capital shall follow Form No. 03a, Appendix I of this Decree.

5. At the specific request of each project, the investor or the agency assigned to make preparation in pre-construction phase must carry out relevant procedures and fulfill requirements and submit to the appraising agency the following, as a basis for appraisal of the feasibility study report/construction investment economic-technical report:”.

5. Some Points and Clauses of Article 13 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects assigned by the Prime Minister; group A project; group B projects with special-grade works and grade-I works under the investment decisions made by the heads of central agencies of political organizations, the Supreme People’s Procuratorate, the Supreme People’s Court, State Audit, the President's Office, Office of the National Assembly, ministries, ministerial-level agencies, Governmental organizations, central agencies of Vietnamese Fatherland Front and socio-political organizations (hereinafter referred to as central agencies); projects located in 2 provinces or more; projects under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated); except for projects specified at Point c of this Clause;

b) Point a Clause 2 shall be amended as follows:

“a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects with investment policies approved by the National Assembly or the Prime Minister; group A projects; group B projects with special-grade works and grade-I works; projects located in 2 provinces or more; projects under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated); except for projects specified at Point c of this Clause;”.

c) Point a Clause 3 shall be amended as follows:

“a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects with project policy decided by the Prime Minister; projects approved by the heads of central agencies or other agencies in accordance with law on public-private partnership investment; projects located in 2 provinces or more;”.

d) Point a Clause 4 shall be amended as follows:

“a) The construction authorities under Ministries in charge of field-based construction works shall appraise projects with investment policies approved by the National Assembly or the Prime Minister; group A projects; group B projects with special-grade works and grade-I works; projects located in 2 provinces or more.”.

dd) Clause 5 shall be amended as follows:

“5. Regarding a project consisting of many works with many different types and grades, the authority to carry out appraisal of the construction authority is determined according to the specialized management specified in Article 109 of this Decree in conformity with the main works of a project or main works of highest grade in case the project has many main works. In case of the same-grade works, the investor may choose a main work of the project to submit it to the construction authority for appraisal.”.

e) Clause 6 shall be added as follows:

“6. In case of a construction investment project that is divided into component projects, the authority to appraise the construction investment feasibility study report of the construction authority shall be determined according to the group of component projects and the grades of works under such component projects. Regarding a component project consisting of many works with many different types and grades, the appraisal authority of the construction authority for such component project shall be determined according to regulations in Clause 5 of this Article.

If component projects are determined when the investment decision is made, the investor shall prepare and submit the overall project construction investment feasibility study report for appraisal with regard to all technical infrastructure works to ensure connection and operation of the project; other construction works (if any). The overall project construction investment feasibility study report for all technical infrastructure works and other works (if any) shall contain explanation about the division of the component projects for the remaining works in order to meet the conditions for the division of component projects as prescribed at Point a, Clause 2, Article 50 of the Law on Construction No. 50/2014/QH13 amended by Clause 9, Article 1 of Law No. 62/2020/QH14 and ensure the progress according to the construction plan for each component project.”.

6. Point d Clause 3 Article 14 shall be amended as follows:

“d) Written opinions on fire safety solutions of the basic design; written results of environmental impact assessment or environmental licenses in accordance with the law on environmental protection (if required under the law on fire safety, and environmental protection);

Procedures for fire safety and environmental protection shall be completed in parallel, no relevant document is required at the time of submission of the appraisal application, but the results of implementation of fire safety and environmental protection procedures shall be sent to the construction authority within 05 working days before the deadline for notification of appraisal result. In case the investor wishes to seek opinions on fire safety solutions of the basic design following the interlinked single-window system when appraising the feasibility study report at the construction authority, the investor shall submit an additional application in accordance with the law on fire safety;

7. Some Points and Clauses of Article 15 shall be amended as follows:

a) Point a Clause 7 shall be amended as follows:

“a) Application submitted for appraisal after modification and completion shall be inspected by a construction authority, stamped to certify the appraised matters on relevant drawings of 01 set of construction design documents. Specimen of appraisal seal is specified in form No. 08 of Appendix I hereto.  The drawings bearing the appraisal seal shall be returned to the appraisal applicant; the appraisal applicant shall be responsible for keeping the drawings according to the law on archive and promptly responding to the request of the construction authority when it is necessary to consider these drawings. The appraisal applicant shall be responsible for submitting the photocopy (.PDF format) of the feasibility study report, the construction design with the appraisal seal to the construction authority within 15 working days from the date of receipt of the application bearing the appraisal seal.  If it is not possible to archive the application under the .PDF format, the construction authority shall request the appraisal applicant to submit an additional set of construction design documents for stamping and archive;”.

b) Point a Clause 8 shall be amended as follows:

“a) With regard to projects within the scope of regulation of the law on bidding, the selection of organizations and individuals to assess construction design shall comply with regulations of the law on bidding;”.

8. Clause 5 Article 19 shall be added as follows:

“5. The adjustment in the project for which only the construction investment economic-technical report is required shall be considered and decided by the investment decision maker and specified as follows:

a) If the total investment exceeds 10% of that according to regulations on formulation of the construction investment economic-technical report under Points b and c Clause 3 Article 5 of this Decree due to the adjustment, the adjusted construction investment feasibility study report shall be prepared and the adjustment appraisal shall comply with regulations in Clauses 2, 3 and 4 of this Article.

If the total investment but the construction design is adjusted, the basic design is not required and the construction drawing design in the construction investment economic-technical report is used to formulate the adjusted construction investment feasibility study report and take the next steps;

b) If the adjustment is made to the construction drawing design only and does not change any content specified in Clause 2 of this Article, and does not fall into the case specified in Point a of this Clause, after the investment decision maker permits the adjustment in the project, the investor shall appraise and approve the adjusted contents.".

9. Clauses 2 and 3 Article 21 shall be amended as follows:

“2. Authority to establish and organize operation of the field-based PMB or the area-based PMB:

a) With regard to publicly-funded projects, the field-based PMB or the area-based PMB is a public service provider; the authority to establish the field-based PMB or the area-based PMB shall be determined according to regulations of the law on public service providers;

b) With regard to projects funded by state capital other than public investment capital or other funds, the competent representatives of agencies, organizations or enterprises shall establish field-based PMBs, area-based PMBs according to management requirements and project specific conditions;

3. The number of field-based PMBs and area-based PMBs that are public service providers to be established shall be considered by the establishment-decision maker. To be specific:

a) Field-based PMBs or area-based PMBs of ministries and central agencies shall be established in conformity with the fields under their management or requirements for infrastructure at administrative divisions in order to manage construction investment projects under their management;

b) Field-based PMBs or area-based PMBs under management of provincial People’s Committees shall be established according to specialized projects that are classified in Appendix IX of this Decree or construction investment areas in order to manage construction investment projects under management of provincial People's Committees;

c) Field-based PMBs or area-based PMBs under management of district-level People’s Committees shall be established in order to manage construction investment projects under management of district-level People's Committees.”.

10. Some Points and Clauses of Article 36 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) The construction authorities under Ministries in charge of field-based construction works shall appraise the works belonging to the following projects: projects assigned by the Prime Minister; projects of national importance; group A projects; group B projects with special-grade works and grade-I works, and investment decisions made by the heads of central agencies; projects located in 2 provinces or more; projects under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated); except for works specified at Point c of this Clause;”.

b) Point a Clause 2 shall be amended as follows:

“a) The construction authorities under Ministries in charge of field-based construction works shall appraise the works belonging to the following projects: projects with investment policies approved by the National Assembly or the Prime Minister; group A projects; group B projects with special-grade works and grade-I works; projects located in 2 provinces or more; projects under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated); except for works specified at Point c of this Clause;”.

c) Point a Clause 3 shall be amended as follows:

“a) The construction authorities under Ministries in charge of field-based construction works shall appraise the works belonging to the following projects: projects with investment policies approved by the National Assembly or the Prime Minister; projects approved by Ministers, heads of central agencies or other agencies as prescribed in law on public-private partnerships; investment projects located in 2 provinces or more;”.

d) Point a Clause 4 shall be amended as follows:

“a) A construction authority under Ministry in charge of field-based construction works shall appraise the works in projects with great impact on community safety and benefits, including: group B projects with special-grade works and grade-I works; projects located in 2 provinces or more;”.

dd) Clause 5 shall be amended as follows:

“5. Regarding a project consisting of many works with many different types and grades, the appraisal authority of the construction authority is determined according to the specialized management specified in Article 109 of this Decree in conformity with the main works of a project or main works of highest grade in case the project has many main works. In case of the same-grade works, the investor may choose a main work of the project to submit it to the construction authority for appraisal.”.

11. Point b Clause 3 Article 37 shall be amended as follows:

“b) The enclosed legal documents, including: a decision on approval for the construction project together with an approved feasibility study report; a notice of appraisal result of the construction authority and the basic design drawings enclosed with a certification stamp (if any); a report on the construction design assessment result of the assessment consulting contractor certified by the investor (if required); a document on evaluation and approval of fire safety design, result of environmental impact assessment or environmental license in accordance with the law on fire prevention and fighting and environmental protection (if required) and other relevant documents;

The procedure for fire safety and environmental protection shall be completed in parallel, no relevant document is required at the time of submission of the appraisal application, but the completion of fire safety and environmental protection procedures shall be sent to the construction authority within 05 working days before the deadline for notification of appraisal result;”.

12. Clause 2 Article 41 shall be amended as follows:

“2. Conditions in conformity with the planning:

a) With regard to an area where construction planning is available and in case where the construction investment project must be compatible with a planning with another technical or specialized nature according to regulations, the construction planning and the planning with this technical and specialized nature is the basis for consideration of issuance of a construction permit;

b) With regard to an area where construction planning is not available, a planning with another technical or specialized nature or a urban design or a regulation on architectural management or a document of a competent authority approving the location and layout drawing (for works not built by routes outside urban areas) is the basis for consideration of issuance of a construction permit.

13. Clause 3 Article 41 shall be annulled.

14. Article 41a shall be added after Article 41 as follows:

Article 41a. Authority to issue construction permits

1. The authority to issue, adjust, renew, reissue and revoke construction permits (hereinafter referred to as “the authority to issue construction permits) shall comply with regulations in Article 103 of the Construction Law No. 50/2014/QH13 amend by Clause 37, Article 1 of Law No. 62/2020/QH14.

2. The authority to issue construction permits shall be determined as follows:

a) Regarding a project consisting of many works with many different types and grades, the authority to issue a construction permit shall be determined according to the work with the highest grade of the project;

b) In case of adjustment in construction design or repair or renovation of a work that results in a change in the grade of the work, the authority to issue a construction permit shall be determined according to the grade of the work after the adjustment in design or repair or renovation of the work.

3. The provincial People's Committee shall stipulate delegation and authorization of the authority to issue construction permits according to regulations in Clause 2, Article 103 of the Law on Construction No. 50/2014/QH13 amended by Clause 37 Article 1 of Law No. 62/2020/QH14.”.

15. Point dd Clause 1 Article 43 shall be added as follows:

dd) A land lease contract in case where the investor leases land for construction investment. In case of construction investment in a work attached to an existing work or work component, documents proving the ownership of the work or work component or a lease contract (in case where the investor leases the work/work component for construction investment); a report on assessment results and a drawing showing solutions to link the work with the existing one.”.

16. Point a Clause 1 Article 53 shall be amended as follows:

“a) The construction permit is issued in contravention of law. To be specific: Documents in the application for issuance of construction permit are falsified; the construction permit is misstated through the fault of the construction permit-issuing agency; the construction permit was issued ultra vires; the issued construction permit fails to meet requirements for issuance of construction permits according to regulations of the law;". 

17. Points b and c Clause 3 Article 62 shall be amended as follows:

"b) Design, supervision of finishing activities of a work, such as plastering, tiling, painting, installing doors, windows, furniture and other similar works without affecting the load bearing structures of the work; supervision of construction of furniture;

c) Construction activities for separate housing specified in Point b Clause 7 Article 79 of the Construction Law No. 50/2014/QH13; green parks; telecommunications cables.

18. Some Points and Clauses of Article 63 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Any individual applying for the practicing certificate for the first time (including cases where the practicing certificate is issued for the first time and the construction is added to the certificate) or adjusting his/her practicing certificate rank;

b) Clause 4 shall be amended as follows:

“4. The individual shall apply for renewal of the practicing certificate within 6 months before the expiry date of the practicing certificate.  After this period, the individual may apply for issuance of another practicing certificate as prescribed in Point a Clause 1 hereof.

19. Clause 3 Article 64 shall be added as follows:

“3. The agency having authority to issue practicing certificates as prescribed in Clause 1 of this Article shall adjust and re-issue practicing certificates that were previously issued, except for the case specified in Clause 11 Article 110 of this Decree.”.

20. Point b Clause 3 Article 67 shall be amended as follows:

“b) Mechanical - electrical design: the disciplines shall be engineering related to electrical engineering, mechanical engineering, air ventilation – heat supply and dissipation engineering;

21. Clauses 1 and 2 Article 71 shall be amended as follows:

“1. A Rank-I construction supervision practicing certificate is awarded to the individual who has worked as a chief supervisor or site manager or person in charge of supervising construction of the field-based PMB or the area-based PMB or chairperson in charge of designing the tasks of the field for which a practicing certificate is sought of at least 01 grade I work or higher or 02 grade II works or higher that are the same as those for which a practicing certificate is sought.

2. A Rank-II construction supervision practicing certificate is awarded to the individual who has worked as a chief supervisor or site manager or person in charge of supervising construction of the field-based PMB or the area-based PMB or chairperson in charge of designing the tasks of the field for which a practicing certificate is sought of at least 01 grade II work or higher or 02 grade III works or higher that are the same as those for which a practicing certificate is sought.".

22. Points a and b Clause 2 Article 72 shall be amended as follows:

“a) A Rank-I construction valuation practicing certificate is awarded to the individual who has worked as a chairperson in charge of one of the tasks related to construction cost management or a person in charge of construction valuation of the field-based PMB or the area-based PMB of at least 01 group A project or higher or 02 group B projects or higher or 01 grade I work or higher or 02 grade II works or higher;

b) A Rank-II construction valuation practicing certificate is awarded to the individual who has worked as a chairperson in charge of one of the tasks related to construction cost management or a person in charge of construction valuation of the field-based PMB or the area-based PMB of at least 01 group B project or higher or 02 group C projects or higher or 01 grade II work or higher or 02 grade III works or higher;”.

23. Some Points and Clauses of Article 76 shall be amended as follows:

a) The first paragraph of Point c Clause 1 shall be amended as follows:

“c) Qualification(s) awarded by a legal training institution in accordance with the type or rank of the certificate applied for. If the qualification does not contain the discipline/major, the academic transcript shall be attached to the qualification for inspection and assessment;”.

b) Point h Clause 1 shall be amended as follows:

"h) Documents specified in Points c, d, dd and e of this Clause shall be certified true copies or included in a file that contains color photos of originals or copies presented together with the originals for comparison or practicing certificate codes for documents specified in Point d of this Clause.”.

c) The first paragraph of Clause 4 shall be amended as follows:

“4. Foreign entities who apply for conversion of the practicing certificate shall comply with conditions specified in Articles 66 and 67 of this Decree.  An application for conversion of the practicing certificate includes:

24. Some Points and Clauses of Article 77 shall be amended as follows:

a) Clause 1 shall be amended as follows:

“1. The issuing authority shall organize a test for issuance of the construction practicing certificate.  In case an individual wishes to apply for a test before submitting the application for issuance of the practicing certificate, the application form No. 02 provided in the Appendix IV shall be submitted to one of the authorities specified in Clause 1 Article 64 of this Decree. The test shall be conducted either offline or online.”.

b) Clause 3 shall be amended as follows:

“3. A test consists of two parts: legal knowledge and professional knowledge.  The individual whose practicing certificate remains valid shall be exempted from questions about professional knowledge related to the field specified in such practicing certificate.

The individual applying for conversion/reissuance of practicing certificate in a case where the lost or damaged practicing certificate remains valid is not required to take a test.

c) Clause 4 shall be amended as follows:

“4. The test result shall be retained for 12 months from the date on which the test is taken to form a basis for issuance of the practicing certificate.

d) Clauses 5a, 5b and 5c shall be added after Article 5 as follows:

 “5a. The following requirements for technical infrastructure and software for online tests in service of issuance of practicing certificates shall be satisfied.

a) The establishment organizing online tests shall satisfy requirements for internet connection and connection equipment, computers and terminals with suitable configuration in order to install and operate the online test software system; there is space to install equipment for monitoring of candidates;

b) There are solutions for assurance about information safety, storage of electronic data and protection of personal information according to regulations for online tests;

c) The test software is possible to stop the test in case of detection of violations during the test. If the candidate can explain that these violations occur due to objective reasons, the administrator will allow the candidate to retake the test

d) The software shall ensure the ability to well serve online tests during the test and has a mechanism to ensure the integrity and confidentiality of information before, during and after the test.

5b. It is required to meet the following requirements for management of online tests

a) The test process shall be monitored via the camera of the device, the online test software and the system of equipment and monitoring screen at the establishment organizing online tests;

b) The administrator shall be responsible for provision of guidance and inspection of the suitability of equipment and test areas for candidates before the candidates take the online tests.

5c. The organization or agency organizing the test shall decide to choose the form of the test in service of the issuance of the practicing certificate; promulgate regulations on the online test, thereby meeting requirements for management, technical infrastructure and online test software throughout the process of organization of the online test.”.

25. Point c Clause 1 Article 81 shall be amended as follows:

“c) Sufficiently provides infrastructure serving tests for issuance of a practicing certificate according to the contents in Clause 5, Article 77 of this Decree in case of organization of offline tests; meets requirements for management, technical infrastructure and test online software as prescribed in Clauses 5a and 5b, Article 77 of this Decree in case of organization of online tests.”.

26. Some Points and Clauses of Article 83 shall be amended as follows:

a) Clause 2 shall be amended as follows:

“2. Each organization involved in construction activities in the fields specified in Points a through e Clause 1 of this Article must obtain a certificate of eligibility for construction activities (hereinafter referred to as “the eligibility certificate”), except for circumstances in Clause 3 hereof.  The fields to be covered by the practicing certificate are specified in Appendix VII hereto. If the organization issued with the eligibility certificate is involved in construction activities in the fields other than those specified in Appendix VII of this Decree, the fields stated on the eligibility certificate that has been renewed shall be the fields specified in Appendix VII of this Decree and determined according to work experience of the organization which is declared in the application for the eligibility certificate.”.

b) Points d and dd Clause 3 shall be amended as follows:

"d) Design, supervise and perform finishing activities of a work, such as plastering, tiling, painting, installing doors, windows, furniture and other similar works without affecting the load bearing structures of the work; supervise and construct work furniture;

dd) Participate in construction activities for separate housing specified in Point b Clause 7 Article 79 of the Construction Law No. 50/2014/QH13; green parks; public lighting works, telecommunications cables; projects which only have the works mentioned at this Point;”.

27. Some Points and Clauses of Article 84 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) Any organization applying for the eligibility certificate for the first time  (including cases where the practicing certificate is issued for the first time and the construction is added to the certificate) or adjusting its eligibility certificate rank;

b) Clause 4 shall be amended as follows:

“4. The organization shall apply for renewal of the eligibility certificate within 06 months before the expiry date of the eligibility certificate.   After this period, the organization may apply for issuance of another eligibility certificate as prescribed in Point a Clause 1 hereof.”.

28. Some Points and Clauses of Article 86 shall be amended as follows:

a) Point b Clause 1 shall be amended as follows:

“b) Departments of Construction shall issue Rank-II and Rank-III eligibility certificates; socio-professional organizations that have been recognized according to regulations in Article 100 of this Decree shall issue Rank-II and Rank-III eligibility certificates to organizations that are their members.”.

b) Clause 3 shall be added as follows:

“3. The agency having authority to issue eligibility certificates as prescribed in Clause 1 of this Article shall adjust and re-issue eligibility certificates that were previously issued, except for the case specified in Clause 11 Article 110 of this Decree.”.

29. Some Points and Clauses of Article 87 shall be amended as follows:

a) Point d Clause 1 shall be amended as follows:

“d) Declaration of the practicing certificate code in the application for the eligibility certificate applicable to any individual that has been issued with the practicing certificate of the titles that require the practicing certificate.  Regarding a chief who has experience in construction, his/her practicing certificate shall be replaced by his/her qualification in conformity with his/her tasks according to regulations in Clause 4 Article 67 of this Decree. The declaration and self-determination of the practicing certificate rank, using form No. 05 of Appendix IV hereto (the declaration of contents of the practicing certificate is not required) shall be enclosed with the qualification. The qualifications of individuals in charge are also required; “.

b) Clauses 2 and 3 shall be amended as follows:

“2. An application for renewal of the eligibility certificate includes an application form provided in form 04 of the Appendix IV of this Decree and a certified true copy or a valid e-copy of the eligibility certificate or a declaration of code of the eligibility certificate that has been issued in the application for the eligibility certificate. The legal representative of the declaring organization shall be responsible to the law for the legality, truthfulness and accuracy of the declared information and documents in the application. The organization shall have its eligibility certificate renewed when it submits the application within the time limit specified in Clause 4 Article 84 of this Decree and its declared personnel and experience in construction activities related to the field to be covered by the renewed eligibility certificate meet the conditions for issuance of the eligibility certificate provided that its previous or current experience declared is appropriate to the construction activities and the eligibility rank.

An application for re-issuance of the eligibility certificate includes an application form provided in form 04 of the Appendix IV of this Decree and an original copy of the eligibility certificate that has been issued in case where the information provided in the eligibility certificate is incorrect. A commitment made by the applicant for reissuance is required in case the eligibility certificate is damaged or lost.

3. An application for adjustment in the eligibility certificate includes an application form provided in form 04 of the Appendix IV of this Decree and documents related to contents to be adjusted according to regulations in Clause 1 of this Article.". 

30. Clause 6 Article 89 shall be amended as follows:

“6. The organization’s experience shall be determined qualified if the work performed is consistent with the declared contents under business lines of the organization that has been issued with the eligibility certificate, is accepted as prescribed, is consistent with the business lines, eligibility rank and within the validity period of the eligibility certificate.  If the organization performs the work in a period over which an eligibility certificate is not required, the work performed must be consistent with the registered business lines.  Regarding a rank-III organization seeking eligibility certificate for construction activities, it is not required to prove the experience in work performed. The organization's business lines shall be determined qualified if such business lines include the fields for which the eligibility certificate is required.

If the organization only performs the specialized construction, only an eligibility certificate for such specialized construction is issued.”.

31. Point b Clause 1 Article 90 shall be amended as follows:

“b) From the date on which the satisfactory application is received, the issuing authority shall issue the eligibility certificate within 20 working days in the case of issuance of the certificate for the first time, adjustments to the rank of, adjustments or amendments to the eligibility certificate, and within 10 days in the case of reissuance of the eligibility certificate. In case the application is insufficient or unsatisfactory, the issuing authority shall notify the applicant in writing once within 05 working days from the date on which the application is received.”.

32. Some Points and Clauses of Article 93 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“a) The individual working as a president or chairperson in charge of construction design (assessment) of design-related disciplines shall obtain a Rank-I practicing certificate or an architecture practicing certificate for architecture design services/architecture verification issued under the Law on Architecture in conformity with his/her specialized field;”.

b) Point a Clause 2 shall be amended as follows:

“a) The individual working as a president or chairperson in charge of construction design (assessment) of design-related disciplines shall obtain a Rank-II practicing certificate or higher or an architecture practicing certificate for architecture design services/architecture verification issued under the Law on Architecture in conformity with his/her specialized field;”.

c) Point a Clause 3 shall be amended as follows:

“a) The individual working as a president or chairperson in charge of construction design (assessment) of design-related disciplines shall obtain a Rank-III practicing certificate or higher or an architecture practicing certificate for architecture design services/architecture verification issued under the Law on Architecture in conformity with his/her specialized field;”.

33. Clause 3 Article 104 shall be amended as follows:

“3. Authority to issue construction operating licenses

Departments of Construction shall issue construction operating licenses (including the adjusted licenses) to foreign contractors in charge of construction investment within their provinces. Regarding construction projects located in at least two provinces, Departments of Construction of provinces where the administration offices of foreign contractors are located shall issue construction operating licenses.

34. Article 104a shall be added after Article 104 as follows:

 104a. Adjustment in construction operating licenses

1. After receiving the construction operating license, if the foreign contractor wishes to change name or address of the contractor or a party of the joint venture or a sub-contractor or other contents specified in the issued construction operating license, such foreign contractor shall submit an application in person or by post to the issuing authority. The template of a modified construction operating license is provided in the Form No. 07 Appendix III of this Decree;

2. An application for adjustment in a construction operating license includes: 

a) An application form according to Form No. 8 Appendix III of this Decree;

b) Documents proving the adjustment. Documents made in foreign languages shall be translated into Vietnamese and translations shall be authenticated according to Vietnamese laws.

3. The adjustment in the construction operating license shall be made within 20 days from the date on which the satisfactory application is received.”.

35. Some Clauses of Article 109 shall be amended as follows:

a) The first paragraph of Clause 4 shall be amended as follows:

 “4. The People’s Committees of provinces shall exercise state management over the matters governed by this Decree in their administrative areas as delegated; promulgate regulations on submission for appraisal, approval and adjustment in economic-technical reports on construction investment in projects funded by public investment capital or state capital other than public investment capital with investment decisions made by the People’s Committees of provinces and districts; direct and inspect construction authorities in the appraisal of construction investment feasibility study reports and construction designs following basic designs of construction projects under their fields. To be specific:

b) Clause 6 shall be amended as follows:

“6. The People’s Committees of district shall carry out state management of regulations of this Decree in the district; direct and inspect the offices in charge of construction management in terms of appraisal of feasibility study reports, the construction designs following basic designs of construction works as delegated by the People’s Committee of the province.

36. Some Clauses of Article 110 shall be amended as follows:

a) Clauses 1a and 1b shall be added after Clause 1 as follows:

 “1a. The transition of Build - Transfer (BT) contracts shall comply with regulations of the law on Public – Private Partnership Investment.  If BT project is transferred according to regulations of the law on Public – Private Partnership Investment (the investor in BT project has selected but the construction design following basic designs and the adjusted BT project have not yet been established), the authority, contents and procedures for the appraisal by the construction authority of the construction investment feasibility study report and the construction design following basic designs shall comply with regulations applicable to the PPP project of this Decree.

1b. With regard to projects identified as projects on investment in construction of urban centers in the construction planning with investment policies approved or decided or approved by the competent authority before the effective date of this Decree. If these projects do not meet the scale requirement specified in Clause 1, Section VII, Appendix IX of this Decree, it is not required to comply with specific regulations on urban centers according to regulations of this Decree; the classification of urban projects as prescribed in Appendix IX of this Decree shall not serve as the basis for identification of new urban center construction projects subject to land recovery as prescribed in Article 62 of the Land Law No. 45/ 2013/QH13; the contents related to the law on land, the law on bidding for urban centers and new urban areas shall comply with regulations of the law on land and the law on bidding.”.

b) Clause 4 shall be amended as follows:

“4. With regard to a construction work for which the appraisal result of the construction design following the basic design has been notified by the construction authority according to the provisions of Decree No. 113/2020/ND-CP dated September 18, 2020 but not subject to the request for appraisal at a construction authority according to the Law No. 50/2014/QH13 on Construction, amended by Law No. 62/2020/QH14, in a case where the construction project/design following the basic design is modified, the appraisal of the adjusted design and the management of the construction permit shall be carried out as follows:

a) In case of adjustment in projects mentioned under Clause 2 Article 19 of this Decree, the adjusted construction investment feasibility study report shall be submitted to the construction authority for appraisal.  With regard to the construction design following the basic design, the investor shall organize appraisal and approval according to regulations;

b) If the notification of the design appraisal result by the construction authority shows the eligibility for exemption from a construction permit, it is required to continue to grant exemption from a construction permit when the construction project/design following the basic design is adjusted.  The investor shall send a notification of the adjusted contents enclosed with the construction design document to the construction authority before continuing the construction;

c) In case the notification of the appraisal result of the construction design following the basic design of the construction authority does not mention whether it is eligible for exemption from a construction permit, it is required to carry out procedure for issuance of the construction permit or the adjusted construction permit according to regulations.”.

c) Clause 11 shall be amended as follows:

“11. An organization or individual that has been granted an eligibility certificate or practicing certificate according to the Law on Construction 2014 before the effective date of this Decree may continue using the certificate within the field and scope of construction activities stated therein until it expires.  From the effective date of this Decree, if the organization or individual applies for issuance of the eligibility certificate or practicing certificate, this Decree shall prevail. The agency having authority to issue the practicing certificate or eligibility certificate as prescribed at Points b, c, Clause 1, Article 64 and Point b, Clause 1, Article 86 of this Decree shall issue Rank-II and Rank-III eligibility certificates/practicing certificates that have been issued by the construction authority under the Ministry of Construction before the effective date of this Decree.”.

37. The phrase “cấp mới” (new issuance) shall be replaced by the phrase “cấp lần đầu” (issuance for the first time) in Clause 1 Article 78; the phrase “nâng hạng” (upgradation of certificate rank) shall be replaced by the phrase “điều chỉnh hạng” (adjustment in certificate rank).

38. Form No. 02 and Form No. 03 shall be replaced;  Form No. 02a and Form No. 03a, Appendix I shall be added to Appendix VI enclosed with this Decree.

39. Appendices II, IV, VI, VII and IX shall be amended in Appendix VII enclosed with this Decree.

Article 13. Audit of compliance with the law in fields of state management of construction sector;

1. Fields of state management of construction sector (hereinafter referred to as “construction fields”):

a) Construction planning, urban planning;

b) Architecture;

c) Construction investment;

d) Urban development;  

d) Technical infrastructure;  

e) Houses and office buildings;

g) Real estate market

h) Construction materials.

2. Responsibility for organization and direction of audit of compliance with the law in construction fields:

a) The Minister of Construction shall audit construction fields throughout the country.  Specialized units under the Ministry of Construction, according to their assigned tasks and functions shall be responsible for assisting the Minister in auditing the assigned fields;

b) Chairpersons of People's Committees of provinces and central-affiliated cities (hereinafter referred to as “People's Committees of provinces”) shall audit compliance with the law in construction fields within their provinces and cities; and direct the participation and cooperation in auditing construction fields for the case specified at Point a of this Clause or upon the request of competent authorities. Specialized units under the People's Committees of provinces that have functions of advising state management of construction fields shall assist the Chairpersons of the People's Committees of provinces in carrying out the audit.  The People's Committees of provinces shall delegate power to and authorize Departments of Construction; Departments of Planning and Architecture of Hanoi and Ho Chi Minh City (for architecture, construction planning, urban planning); People's Committees of districts; and People's Committees of communes to carry out the audit in accordance with regulations of law and the actual situation in provinces and districts.

3. Adhoc and periodic audit of compliance with the law in construction fields according to the audit plan and decision:

a) The competent person or the head of the delegated or authorized agency specified in Clause 2 of this Article shall be responsible for issuing the audit plan (in each field or in many fields) before March 15 every year to carry out periodic audit; and deciding the organization of adhoc audit when necessary.

If the competent person issues an annual audit plan for each field, it is required to ensure that there is no any overlap in audited entities and the audit plan for another field.

The annual audit plan of the competent person specified at Point a, Clause 2 of this Article shall ensure that it does not overlap or duplicate the annual audit plan of the competent person specified in Point b, Clause 2 of this Article in terms of contents, audited entities, scope and fields; and the audit plan;

b) The competent person or the head of the delegated or authorized agency specified in Clause 2 of this Article shall issue the audit decision.

An audit decision shall contain contents, including date, month and year of issuance; grounds for issuance; audited entities; location; contents; audit period; full name and position of the chief, deputy chief and members of the audit team; powers and responsibilities of the audit team; rights and responsibilities of the audited entities; funding for audit; full name and position of the person issuing the audit decision; proposed outline of the report, list of documents, related documents etc. (if any) attached to the decision;

c) The audit may be carried out in many forms: organizing the audit at the audit location or sending documents by post to the audit authority or holding online meeting about audit contents or other forms (if any).

4. Audit contents

a) Promulgation of legal documents, direction and operation documents in construction fields; announcement about construction norms, unit prices and basic standards in construction fields (if any);

b) Compliance with regulations of the law, delegated and authorized tasks and tasks according to assigned functions in construction fields;

c) Allocation of resources and other conditions for assurance about law enforcement; the implementation of statistics, reporting regime, storage, construction and management of database.

5. Audit conclusion

a) Within 15 days from the date of completion of audit activities, the audit team shall make draft audit conclusion and send it to the audited entity for collection of opinions about the contents of the draft audit conclusion;

b) Within 05 days from the date of receipt of the draft audit conclusion, the audited entity shall send written opinions about the contents of the draft audit conclusion to the audit team.

c) Within 05 days from the date of receipt of the written opinions from the audited entity or 03 working days after the deadline specified at Point b of this Clause, if the audit team does not receive written opinions about the contents of the draft audit conclusion, the head of the audit team shall submit the audit conclusion to the person having authority to conduct the audit for issuance.

The person issuing the audit decision or the head of the audit team who is authorized by the person issuing the audit decision (hereinafter referred to as “person having authority to issue audit conclusion) shall sign the audit conclusion and take responsibility for the accuracy of the audit conclusion;

d) Audit conclusions shall be sent to the audited entity and relevant agencies, organizations and individuals after being issued in order to implement the contents stated in such audit conclusions and make announcement according to regulations at Point a, Clause 6 of this Article;

dd) A audit conclusion shall contain contents, including achieved results; weaknesses, limitations and causes for existing limitations; scope and handling of violations (if any); and the deadline for report to the competent person on the results of the implementation of the audit conclusion.

6. Announcement about audit conclusion

Within 05 days from the date of signature of the audit conclusion, the person having authority to issue the audit conclusion shall announce the conclusion in one of the following forms:

a) Hold a meeting to announce the audit conclusion with the person having authority to issue the audit conclusion; the audit team; the audited entity; relevant agencies, organizations and individuals;

b) Publishing notification of the audit conclusion on the web portal and the website of the audit authority. The duration for publishing the audit conclusion is 30 days;

c) Public displaying at the premises of the audited entity.

7. The audit of compliance with the law in construction fields shall ensure that it does not overlap and duplicate the inspection and affect normal operation of the agency, organization or individual; relevant agencies shall cooperate in the audit.

8. Monitoring, urging and auditing the implementation of the audit conclusion

a) The implementation of the audit conclusion shall be monitored and urged by requesting the audited entity to report the implementation. The report on the implementation of the audit conclusion shall contain contents including organization of the implementation; schedule, results of implementation, finished and unfinished contents; obstacles, difficulties; causes for such difficulties and obstacles in the process of implementation, recommendations and proposals.

The person having authority to issue the audit conclusion shall assign a person to directly monitor, discuss and work with the audited entity to determine information on the implementation of the audit conclusion;

b) The person having authority to issue the audit conclusion shall decide to audit the implementation of the audit conclusion when having one of the grounds. To be specific: the duration for implementation of the audit conclusion expires but the audited entity fails to complete the implementation or report the results of implementation or have a written request for extension of the duration for implementation of the audit conclusion.

9. Funding for audit of compliance with the law in construction fields covered by state budget.   The formulation, management, use and final settlement of funding for audit shall comply with regulations of the law on state budget.

10. The competent person specified in Clause 2 of this Article shall direct formulation and promulgation of internal regulations in order to perform tasks of audit of compliance with the law in construction fields.

Article 14. Rules for carrying out administrative procedures in construction fields

1. The receipt of applications and settlement of administrative procedures in construction fields shall be conducted as follows:

a) Organizations and individuals that make, submit applications and request for settlement of administrative procedures shall take responsibility to the law for the legality, accuracy and truthfulness of contents of these applications and documents that have been sent to competent state agencies;

b) Application-receiving agencies shall be responsible for inspecting the validity of the applications and shall not request the applicants to submit additional documents other than those in the applications as prescribed in applicable legal documents;

c) Agencies and persons having authority to settle administrative procedures shall be responsible for contents of the given opinions, appraisal, approval or settlement of other procedures related to construction fields as prescribed by law; are not required to be responsible for the contents that have been approved, appraised or settled by other agencies or persons.

2. An application shall be sent in one of the following forms:

a) In person;

b) By post;

c) Sending files containing electronic copies of components of an original application through online public services. Large-size files that cannot be sent through online public services shall be sent in person or by post.

3. In case forms, declarations and application components contain regulations on information in the national population database or specialized database, the information shall be replaced by the personal identification number or specialized code shown in the forms or declarations when the national population database or specialized database is operated.

Article 15. Full or partial annulment of some Decrees

1. Government's Decree No. 42/2009/ND-CP dated May 07, 2009 on urban classification shall be annulled;

2. Clause 3 Article 8 of the Decree No. 02/2022/ND-CP dated January 06, 2022 on elaboration of certain Articles of the Law on Real Estate Trading shall be annulled.

Article 16. Transitional regulations

1. Transitional regulations on amendments to Decree No. 85/2020/ND-CP.

In case an individual has submitted an application for issuance or renewal of an architecture practicing certificate before the effective date of this Decree but has not yet been issued with the practicing certificate, the next steps in procedures issuance and renewal shall comply with regulations of this Decree.

2. Transitional regulations on amendments to Decree No. 11/2013/ND-CP.

a) The urban development program that has been approved according to regulations of the law before the effective date of this Decree will continue to be implemented until the People's Committee of the province approves such program or approves the adjusted urban development program as prescribed in this Decree. With regard to the higher-level master plans, strategies, programs and plans that have not been approved, the People's Committee of province may assign an agency to organize the formulation, appraisal and approval according to the urban development program or the adjusted urban development program under its management but must ensure that the approved urban development program meets the requirements specified in Clause 2, Article 3a of Decree No. 11/2013/ND-CP amended by Clause 3, Article 1 of this Decree;

b) With regard to management boards of urban development areas that have been established, maintained or reorganized, the People's Committee of province shall direct review of the assigned tasks to organize the management of urban development areas that have been approved in accordance with regulations of this Decree;

c) With regard to areas of ​​the project or the project with a decision made by the People's Committee of the province on areas permitted to transfer land use right which has been invested in infrastructure construction for people to build their own houses before the effective date of this Decree, it is required to continue the implementation according to the issued decision If the People's Committee of the province adjusts contents of the decision, it is required to comply with regulations of this Decree and send a copy of the decision to the Ministry of Construction;

d) With regard to a project without management transfer plan in an urban center that has been approved, the investor shall make management transfer plan according to regulations of this Decree, collect opinions from the expected transferee and send it to the People's Committee of the province for monitoring and management.

3. Transitional regulations on amendments to Decree No. 99/2015/ND-CP (amended by Decree No. 30/2019/ND-CP and Decree No. 30/2021/ND-CP)

With regard to cases related to the determination of class I house, class II house and class III house and the determination of the quality of these houses specified in Clause 5, Article 5 of this Decree, if the competent authority has approved selling prices of the houses before the effective date of this Decree, the houses shall continue to be sold at the approved prices without re-determination of the selling prices as prescribed in Clause 5, Article 5 of this Decree.

4. Transitional regulations on amendments to Decree No. 100/2015/ND-CP (amended by Decree No. 49/2021/ND-CP)

a) In case of the social housing construction investment project for which an investment guideline decision or a written approval for investment guidelines or a decision on approval for investment guidelines has been issued within the period from the effective date of Decree No. 100/2015/ND-CP to before the effective date of Decree No. 49/2021/ND-CP and to which incentives offered to project investors according to regulations of Decree No. 100 /2015/ND-CP are being applied, the incentive mechanisms will continue to be applied as prescribed in Article 9 of Decree No. 100/2015/ND-CP;

b) In case of the social housing construction investment project for which a decision on approval for investment guidelines has been issued within the period from the effective date of Decree No. 49/2021/ND-CP to before the effective date of this Decree and to which incentives offered to project investors are being applied to according to regulations of Decree No. 49/2021/ND-CP, the incentive mechanisms will continue to be applied as prescribed in Clause 8 Article 1 of Decree No. 49/2021/ND-CP;

c) If the social housing construction investment project is not funded by the capital source or implemented by the form specified in Clause 1, Article 53 of the Law on Housing No. 65/2014/QH13 amended by Point b, Clause 6, Article 99 Law No. 64/2020/QH14 on Public – Private Partnership Investment, has had a decision on approval for investment guidelines issued by a competent authority within the period from the effective date of Decree No. 49/2021/ND-CP to before the effective date of this Decree and incentives have not been provided according to Point a, Clause 1, Article 58 of the Law on Housing No. 65/2014/QH13, the investor in that project will be entitled to incentives as prescribed in Point a, Clause 1, Article 58 of the Law on Housing No. 65/2014/QH13.

5. Transitional regulations on amendments to Decree No. 62/2016/ND-CP.

a) In the case prescribed in Points a and b, Clause 1, Article 6 of Decree No. 62/2016/ND-CP amended by Clause 5 Article 8 of this Decree, where an application for certificate of eligibility for performing construction experiments has been submitted before the effective date of this Decree and the Ministry of Construction has conducted a physical inspection but has not yet issued the certification although the applicant has submitted reports on implementation of remedial measures as required, the Ministry of Construction shall consider issuing the certificate within 15 days from the date of the physical inspection;

a) In the case prescribed in Points a and b, Clause 1, Article 6 of Decree No. 62/2016/ND-CP amended by Clause 5 Article 8 of this Decree, where an application for certificate of eligibility for performing construction experiments has been submitted before the effective date of this Decree but the Ministry of Construction has not conducted a physical inspection, the application shall be returned to the applicant so that the applicant follows procedures for applying for the certificate in Department of Construction.

c) The certificate of eligibility for performing construction experiments that has been issued according to regulations in Decree No. 62/2016/ND-CP before the effective date of this Decree may be used until it expires.  From the effective date of this Decree, if the applicant proposes amending the certificate, the amendment to the certificate shall comply with regulations in this Decree.

6. Transitional regulations on amendments to Decree No. 37/2015/ND-CP (amended by Decree No. 50/2021/ND-CP)

a) Any construction contract which has been signed and is being performed before the effective date of this Decree shall be performed in accordance with regulations on construction contracts before the effective date of this Decree and contents of the signed contract.

b) Where any construction contract which is under negotiation and has not been signed contains any content unconformable with regulations of this Decree, it must be reported to the investment decision maker for consideration and decision on the principle that quality, schedule and efficiency of the construction project are ensured and the lawful rights and interests of the parties are not infringed;

c) Any content regarding construction contracts in the approved but unreleased bidding documents or request for proposals which is unconformable with regulations of this Decree must be adjusted to make it conformable; if bidding documents or request for proposal has been released, any adjustment to the contents relating to construction contracts with a view to conformity with regulations of this Decree must be notified to all bidders that have bought the bidding documents or request for proposals; if the bid has closed, the regulations on construction contracts which are under negotiation and have not been signed shall be applied.

7. Transitional regulations on amendments to Decree No. 06/2021/ND-CP.

a) Construction works commencing before the effective date of this Decree and subject to the inspection of the pre-commissioning tests under the provisions of this Decree shall comply with regulations of this Decree, except for the case specified in Point b of this Clause;

b) If construction works have commenced within the period from the effective date of Decree No. 06/2021/ND-CP to before the effective date of this Decree, and are subject to the inspection of the pre-commissioning tests according to regulations in both Decree No. 06/2021/ND-CP and this Decree, and the construction authority under the People's Committee of province or the People's Committee of district as delegated has authority to inspect the pre-commissioning tests, the authority to inspect the pre-commissioning tests shall comply with regulations in Decree No. 06/2021/ND-CP

8. Transitional regulations on amendments to Decree No. 15/2021/ND-CP, Decree No. 37/2010/ND-CP, Decree No. 44/2015/ND-CP (amended by Decree No. 72/2019/ND-CP)

a) With regard to a construction project/work for which the feasibility study report and the construction design following basic designs have been submitted to the construction authority for appraisal or appraisal of adjustments thereto before the effective date of this Decree, if the report and the construction design are eligible for appraisal according to regulations in Decree No. 15/2021/ND-CP but the results of the appraisal have not been notified, the construction authority shall continue the appraisal according to regulations in Decree No. 15/2021/ND-CP.  With regard to a construction project/work for which the feasibility study report and the construction design following basic designs have been appraised by the construction authority when the adjustment is required from the effective date of this Decree, the appraisal of the adjusted report and design shall comply with regulations in this Decree;

b) With regard to a construction project/work for which the feasibility study report and the construction design following basic designs have been submitted to the construction authority for appraisal or appraisal of adjustments thereto before the effective date of this Decree, where the report and design are ineligible for appraisal or the appraisal result shows that the report and design are ineligible to be submitted for approval, the investor shall meet all requirements and submit the report and the design for re-appraisal according to regulations in this Decree;

c) If the construction investment project specified in Clause 4, Article 14 of Decree No. 37/2010/ND-CP, Clause 4, Article 10 of Decree No. 44/2015/ND-CP (amended by Decree No. 72/2019/ND-CP) has been approved in accordance with regulations of the law before the effective date of this Decree or the feasibility study report of the project has been submitted to the construction authority for appraisal and the report is eligible for appraisal according to regulations in Decree No. 15/2021/ND-CP but the results of the appraisal have not yet been notified in writing before the effective date of this Decree, the general ground planning is not required according to Articles 1 and 2 of this Decree;

d) Field-based PMBs or area-based PMBs that have been established before the effective date of this Decree may continue their operations;

dd) If the foreign contractor has submitted an application for a construction operating license or adjustment in the construction operating license but the issuance of the license has not yet been completed, the regulations in Decree No. 15/2021/ND-CP shall continue to be applied.  The issuance and adjustment in the construction operating license from the effective date of this Decree shall comply with regulations in this Decree;

e) The organization/individual that has submitted an application for an eligibility certificate/ practicing certificate before the effective date of this Decree shall be considered for issuance of such certificate according to regulations in Decree No. 15/2021/ND-CP.

g) Where the organization has signed and is executing a construction contract and the individual is engaged in construction activities from the effective date of Decree No. 15/2021/ND-CP to before the effective date of this Decree for grade IV works for which the eligibility certificate or practicing certificate is not required as prescribed in Decree No. 15/2021/ND-CP but the eligibility certificate or the practicing certificate is required according to regulations of this Decree, they are entitled to continue performing their task until it is completed without having to obtain the eligibility certificate or the practicing certificate;

h) If an application for issuance, adjustment, renewal or reissuance of a construction permit has been submitted to the permit-issuing authority according to regulations in Decree No. 15/2021/ND-CP before the effective date of this Decree but the construction permit has not yet been issued, the issuance of the construction permit shall continue to comply with regulations in Decree No. 15/2021/ND-CP. The issuance, adjustment, renewal or reissuance of the construction permit from the effective date of this Decree shall comply with regulations in this Decree;

i) If a construction investment project has been issued with a construction permit by stages, or for one or some works in the project according to regulations in Decree No. 15/2021/ND-CP before the effective date of this Decree, the authority to issue the construction permit for the remaining stages or works in the project shall comply with regulations in this Decree;

k) With regard to the construction work under the construction investment project specified in Point c of this Clause, the urban planning and construction planning which have been approved in accordance with regulations of the law and used as the basis for formulation of the construction investment project shall be used as the basic for consideration of issuance of the construction permit.

Article 17. Implementation

1. This Decree comes into force from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for the implementation of this Decree./.

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