Chương III Nghị định 59/2015/NĐ-CP: Thực hiện dự án đầu tư xây dựng

Chapter III

EXECUTION OF CONSTRUCTION PROJECT

Section 1: Construction design

Article 23. Construction design phases

1. Construction design comprises following steps: preliminary design (for pre-feasibility study report), basic design, engineering design, construction drawing design and other design steps (if any) in conformity with international practice decided together with project investment decision by the investment decision maker.

2. Construction project comprise one or a number of constructions works, each constructions work has one or a number of classifications. According to types, classifications of the constructions work and method for executing the project, the number of phases of construction design shall be decided by the investment decision maker, particularly:

a) One-step design includes construction drawing design used in the constructions work requiring construction economic-technical reports;

b) Two-step design includes basis design and construction drawing design used in the constructions work requiring construction project;

c) Three-step design includes basis design, engineering design and construction drawing design used in the constructions work requiring construction project, large size, complicated technical requirements and construction condition;

d) Other-step design (if any) in conformity with international practice.

3. If there are at least 2 steps in the construction design of a constructions work, the content and specifications of two consecutive steps of design must be conformable.

4. With regard to three-step design, if construction contractor is eligible as prescribed in regulations of law, it may carry out the construction drawing design step.

Article 24. Competence in appraisal and approval for construction design and estimate of projects funded by government budget capital

1. Competence in appraisal of construction design and estimate:

a) Construction authority affiliated to the Ministry of Construction or Ministry in charge of field-based construction management prescribed in Article 76 of this Decree shall appraise engineering design and construction estimate (for three-step design); construction drawing design and construction estimate (for two-step design) of special class or Class I constructions works; constructions works assigned by the Prime Minister and constructions works of the project that they decide investment;

b) Service of Construction or Service in charge of field-based construction management prescribed in Article 76 of this Decree shall appraise engineering design and construction estimate (for three-step design); construction drawing design and construction estimate (for two-step design) of Works less than or equivalent to class II which are located in the province, other than constructions works prescribed in Point a of this Clause.

2. Competence in approval for construction design and estimate:

a) The investment decision maker shall approve construction design and estimate for three-step design; and approve construction drawing design and construction estimate for two-step design;

b) The investor shall approve construction drawing design and construction estimate for three-step design.

Article 25. Competence in appraisal and approval for construction design and estimate of projects funded by capital derived from loans, bonds, funds, etc

1. Competence in appraisal of construction design and estimate:

a) Construction authority affiliated to the Ministry of Construction or Ministry in charge of field-based construction management prescribed in Article 76 of this Decree shall appraise engineering design and construction estimate (for three-step design); construction drawing design and construction estimate (for two-step design) of special class or Class I constructions works; Class II constructions works or higher of the project that economic groups or state-owned general companies under management of them decide investment; constructions works assigned by the Prime Minister and constructions works of project that they decide investment.

b) Service of Construction or Service in charge of field-based construction management prescribed in Article 76 of this Decree shall appraise engineering design and construction estimate (for three-step design), construction drawing design, construction estimate (for two-step design) of Class III constructions works or higher which are located in the province, other than constructions works prescribed in Point a of this Clause.

c) The investment decision maker shall appraise the design and estimate of the technology aspect (if any) of Works prescribed in Point a and Point b of this Clause; and appraise design and estimate of remaining Works and medium-voltage power grid project.

The investment decision maker shall take responsibility for their appraisal results and send them (excluding technology aspect) to the construction authority according to classifications prescribed in Clause 1 Article 24 of this Decree.

2. Competence in approval for construction design and estimate:

a) The investment decision maker shall approve construction drawing design and construction estimate for three-step design;

b) The investor shall approve construction design and estimate for three-step design; and approve construction drawing design and construction estimate for two-step design;

c) Regarding the PPP project, the investor shall approve the construction design and estimate.

Article 26. Competence in appraisal and approval for construction design and estimate of projects funded by other capital sources

1. Competence in appraisal of construction design and estimate:

a) Construction authority affiliated to the Ministry of Construction or Ministry in charge of field-based construction management prescribed in Article 76 of this Decree shall appraise engineering design and construction estimate (for three-step design), construction drawing design (for two-step design) of special class and Class I Works, Works located in at least provinces and Works assigned by the Prime Minister;

b) Service of Construction or Service in charge of field-based construction management prescribed in Article 76 of this Decree shall appraise engineering design (for three-step design) and construction drawing design (for two-step design) of Class III public Works or higher, Works having significant impact on scenery, environment and community safety which are located in the province, other than Works prescribed in Point a of this Clause;

c) The investment decision maker shall appraise the design of remaining Works (excluding Works prescribed in Point a and Point b of this Clause), technology aspect (if any) and construction estimate.

2. Competence in approval for construction design and estimate:

The investment decision maker shall approve engineering design, construction drawing design and construction estimate.

Article 27. Contents of appraisal of construction design and estimate

1. Contents of appraisal of construction design and estimate shall comply with Article 83 of the Law on Construction dated 2014, this Decree and Decree on construction cost management.

2. The appraisal results of construction design and estimate shall be made in form No. 07 prescribed in Appendix II issued herewith.

Article 28. Contents of approval for construction design

1. General information about the construction work: name of construction work, work items (type and classification of the construction work); the investor; engineering contractor; location, land area.

2. Size, technology, specifications and essential economic – technical criteria of the construction work.

3. National technical regulation and primary standards that are applied.

4. Primary design solutions of work items and the whole construction work.

5. Construction estimate.

6. Requirements for amendments to the design documentation and other contents (if any).

Article 29. Documentation of appraisal of engineering design, construction drawing design and construction estimate

The investor shall send the documentation to the construction authority for appraisal, including:

1. A written request for appraisal of design using the form No. 06 prescribed in Appendix II issued herewith.

2. A description of design, drawings, and relevant construction survey documents.

3. A copy of a decision on approval for the construction project enclosed with the approved fundamental design documents or approved investment policy, other than detached housing works.

4. A copy of documentation on qualifications of directors of construction survey and design; a written approval for fire safety and an environmental impact appraisal report (if any).

5. A synthesis report on the conformity of the design documentation with the contract made by the investor.

6. A construction estimate of projects funded by government budget capital or capital derived from loans, bonds, funds, etc.

Article 30. Procedures for appraisal of construction design or estimate

1. After receiving the documentation, the construction authority or the investment decision maker shall appraise the construction design or estimate according to the contents prescribed in Article 27 of this Decree.

2. The appraising agency must appraise all contents of construction design and estimate. During the appraisal process, the appraising agency may invite specialists to appraise construction design, technology design and construction estimate in stages.

In case the construction authority or the investment decision maker is not qualified to carry out the appraisal, they may request the investor to select an qualified organization or individual publishing information about construction capacity on the websites of the Ministry of Construction and Services of Construction in order for the investor to conclude an assessment contract with such organization or individual. If the assessment consultancy unit has not published information about construction capacity on the websites of the Ministry of Construction and Services of Construction, they must be approved by construction agencies affiliated to the Ministry of Construction or Service of Construction in writing. The design consultancy unit may not assess the construction work that it designed.

3. During the appraisal process of construction design, the construction authority must request the competent agency to appraise issues related to environment, fire safety and other contents as prescribed.

Time limit for notification of appraisal results issued by the competent agency in charge of appraising environment, fire safety and other contents shall comply with regulations of regulations of law provided that it does not exceed the time limit for assessment of construction design or estimate as prescribed in Article 4 of this Article. If the related agencies or organizations do not send any feedback after the aforesaid deadlines, they are considered to concur with the appraisal and take responsibility for their managing field.

4. In case the construction authority request the investor to select the assessment consultancy unit prescribed in Clause 2 of this Article, within 5 working days from the date on which the satisfactory documentation is sent, the construction authority must send notification of issues subject to assessment in order for the investor to select and conclude a contract with the assessment consultancy unit; time limits for assessment are within 20 days regarding Class I and special class Works; within 15 days regarding Class II and Class III Works; and within 10 days regarding remaining Works. The investor must send the assessment results to the construction authority and the investment decision maker for appraisal of the construction design and estimate.

5. If the construction project has different types and classes of Works, the appraising agency must appraise the Permanent Works of the project.

6. With regard to Works involving state secrets, Works built under emergency orders or makeshift Works, their designs shall be approved as prescribed in regulations of law on special-type construction work management.

7. The agencies, organizations, and individuals in charge of assessment, appraisal or approval for construction design or estimate shall take legal responsibility for their assessment, appraisal or approval results.

8. Time limits for appraisal of construction design or estimate of the construction authority from the date on which the satisfactory documentation is received:

a) Within 40 days regarding Class I and special class Works;

b) Within 30 days regarding Class I and Class II Works;

c) Within 20 days regarding remaining Works;

Section 2: CONSTRUCTION EXECUTION MANAGEMENT

Article 31. Construction execution management

 Construction execution management includes:

1. Construction quality control.

2. Construction schedule management.

3. Construction execution quantity management.

4. Construction cost management during the construction work execution.

5. Construction contract management.

6. Occupational safety and construction environment management.

Article 32. Construction schedule management

1. A construction schedule is required before any construction work is executed. The construction schedule made by the contractor must be suitable for the general project schedule which is approved by the investor.

2. If the construction work has large size and long construction period, the construction schedule shall be made monthly, quarterly or yearly.

3. The investor, construction contractor, construction supervision consultancy and relevant contracting parties must keep track of the construction schedule and adjust the schedule if some stages extends provided that it may not affect the project schedule.

4. If the general project schedule is deem to be extended, the investor must request the investment decision maker to decide to adjust the general project schedule.

Article 33. Construction quantity management

1. The construction work must be executed according to the approved design quantity.

2. The construction quantity shall be calculated and certified between investor, construction contractor, supervision consultancies according to time or execution stage and it shall be compared with the approved design quantity as the basis for final acceptance and final payment according to the contract.

3. If there is any additional construction quantity beside the design, the investor and the building contractor must consider for handling.

The additional construction quantity approved by the investor or the investment decision maker shall be the base for the payment and statement of the construction work.

4. It is banned from ficitious declarations, quantity increase declaration or collusion between contracting parties leading incorrect payment quantity.

Article 34. Occupational safety management on construction site

1. Construction contractor must impose safety measures to labor, equipment and construction work before execution. If the safety measures relate to multiple parties, the contracting parties shall conclude an agreement.

2. Safety measures and regulations on safety must be public at the construction site; and there is any person who give instructions and warning about dangerous locations on the construction site.

3. The construction contractor, the investor and relevant contracting parties must regularly supervise the occupational safety on construction site If an incident occurs, it is required to suspend the construction execution until the incident is handled. The person committing violations against occupational safety must take legal responsibility within their managing field.

4. The building contractor must provide instructions and training in regulations on occupational safety. With regard to some tasks subject to strict occupational safety requirements, each worker must obtain a certificate of training in occupational safety as prescribed in law on occupational safety. Any worker who has been not participated in training in occupational safety may not be employed.

5. The building contractors must provide sufficient personal protection equipment, occupational safety for workers as prescribed when they are on the construction sites.

6. The building contractor must appoint following full-time or part-time employees in charge of labor hygiene and safety:

a) If there are less than 50 direct workers in the construction site, the execution engineering employee may be in charge of labor hygiene and safety as a part-time job;

b) If there are at least 50 direct workers in the construction site, at least one employee shall be in charge of labor hygiene and safety as a full-time job;

c) If there are at least 1,000 direct workers in the construction site, it is required to establish a department or a board of labor hygiene and safety or appoint two full-time employees in charge of labor hygiene and safety;

d) Each full-time employee in charge of labor hygiene and safety must obtain a practice license as prescribed in Article 51 of this Decree.

7. The number of full-time employees prescribed in Point a, b and c Clause 6 of this Clause must be appointed in conformity with the construction site size, level of risks of occupational accidents at a particular construction site.

8. The construction authority must carry out regular or irregular inspection of construction site safety management of the investor and contractors. If the construction work subject to final acceptance carried out by the State management agency, the inspection of occupational safety shall be concurrently carried out.

9. The Ministry of Construction shall provide guidance on construction occupational safety.

Article 35. Construction environment management

1. The building contractor must impose measures for environment protection within and out of the construction site, including anti-dust, noise control, waste treatment and construction site cleanup. Regarding Works in urban areas, it is required to implement measures for cover and cleanup of waste and deliver them to regulated places.

2. During the transport of building materials or waste, they must be covered to ensure safety and environment hygiene.

3. The construction contractor and the investor must supervise the implementation of construction environment protection and subject to supervision of the environment authorities. If the construction contractor fails to comply with regulations on environment protection, the investor and the environment authorities may suspend the construction execution and request the contractor to implement proper environment protection measures.

4. Any person damaging the environment during the execution process must take legal responsibility and compensate for damages that they cause.

Article 36. Management of other aspects

1. The construction quality control shall comply with this Decree, Decree on construction quality control and guiding documents.

2. The construction cost management shall comply with this Decree, Decree on construction quality control and guiding documents.

3. The construction contract management shall comply with this Decree, Decree on construction contract management and guiding documents.

Section 3: COMPLETION AND INAUGURATION OF THE PROJECT

Article 37. Final acceptance and inauguration of Works

1. The construction work shall be inaugurated after it is completed according to the approved design, operates properly and issued the certificate of acceptance.

2. According to specific condition of each construction work, the completed work items of the project or sub-projects may be transferred at the request of the investor.

3. The acceptance and transfer report on completed work items or the whole completed construction work is the legal document in order for the investor to inaugurate the project and state the construction capital.

4. Construction work transfer documentation includes: a construction work documentation; manual; regulations on construction maintenance.

5. The construction work documentation must be archived as prescribed in regulations of law on state archives.

Article 38. Construction work completion

1. The construction work is considered completed when the investor receives the whole construction work and the warranty of the construction work expires as prescribed.

2. When transferring the construction work, the building contractor must move all their assets out of the construction site.

Article 39. Inauguration of the construction work and construction project

1. After receiving the construction work or the construction project, the investor or the organization in charge of construction use management must operate the construction work or the project effectively, according to proper purposes and the approved economic – technical criteria.

2. The investor or the organization in charge of construction use management must carry out the construction maintenance as prescribed.

Section 4: Construction permit

Article 40. Requirements for issuance of construction permit

1. Requirements for issuance of construction permit shall comply with Article 91, Article 92 and Article 93 of the Law on Construction dated 2014.

2. If the construction project is located in an urban area without any zoning plan or detailed construction planning approved by the competent agencies or the detailed construction planning is not required as prescribed in law on urban area planning, the license for planning or the planning information provided by the competent agency shall be the basis for considering the issuance of the construction permit.

Article 41. Application for the construction permit

1. Applications for issuance of licenses for new construction; repair or innovation; relocation of Works; detached houses; non-route based Works; route-based Works in urban areas; religious Works; imposing monuments or paintings; billboards shall comply with Article 95, Article 96 and Article 97 of the Law on Construction dated 2014.

2. An application for construction permit regarding faith construction work includes:

a) An application form for construction permit using form as prescribed by the Ministry of Construction;

b) A copy of one of written proofs of land use rights as prescribed in legislation on land;

c) A construction design drawing appraised as prescribed;

d) A declaration about capacity and experience of the design organization or the head of construction design, enclosed with the copy of his/her practice license.

3. An application for construction permit regarding diplomatic agencies and international organizations:

a) An application form for construction permit using form as prescribed by the Ministry of Construction;

b) A copy of one in written proofs of land use rights as prescribed in legislation on land;

c) A construction design drawing appraised as prescribed;

d) Other documents as prescribed in regulations of international agreement or treaty concluded with the Government of Vietnam.

4. The application for fixed-term construction permit shall comply with regulations on Works or detached houses prescribed in Clause 1 of this Clause.

5. An application for construction permit in stages includes:

a) An application form for construction permit;

b) A copy of one in written proofs of land use rights as prescribed in legislation on land;

c) A construction design drawing approved as prescribed; a written design appraisal issued by the construction authority in stages (if any);

d) A copy of the decision on construction project approval issuing the construction work that requires project formulation.

6. An application for construction permit for the project:

a) Documents prescribed in Point a, b, c and dd Clause 2 Article 95 of the Law on Construction dated 2014;

b) Design drawings of each construction work that requires issuance of construction permit, written design appraisals issued to Works at the request of the construction authority.

Section 5: SPECIAL-TYPE CONSTRUCTION WORK MANAGEMENT

Article 42. Special-type Works

Special-type Works prescribed in Article 128 of the Law on Construction dated 2014 include:

1. Works involving state secrets:

a) Works involving state secrets consist of: Works that require secrets during the construction activities in National defense and security, foreign affairs, economy, science and technology and other particular sectors; and Works under management as prescribed in regulations of law on state secret protection;

b) The Prime Minister shall decide to build Works involving state secrets at the request of construction investment.

2. Works built under emergency orders include:

a) Construction work built under emergency orders to protect national sovereignty or ensure national security and safety of life;

b) Works built under emergency orders to ensure energy security and safety, environment safety, national reserves, science and technology that certified by the Ministry of Science and Technology in writing;

c) Works built under emergency orders to save life, health and assets of the community from disasters or save adjacent Works from severe damage;

d) Works built under emergency orders to respond to or prevent negative consequences that are likely to occur due to force majeure events, construction incidents, or to respond to severe environmental emergencies;

dd) Works built under emergency orders of the Prime Minister.

3. Makeshift Works include:

a) Works built to serve the main construction work execution prescribed in Clause 2 of this Clause;

b) Auxiliary Works built to serve the main construction work prescribed in Point c and d Clause 2 of this Clause.

Article 43. Construction project management of special-type Works

1. Regarding Works involving state secrets:

a) Ministers, Heads of ministerial-level agencies, Governmental agencies, Presidents of People’s Committees of provinces shall decide construction investment of Works involving state secrets after the Prime Minister decides the investment policy on Works involving state secrets;

b) The investment decision maker of the construction work involving state secrets may decide or authorize the investor to decide, and take responsibility for CPM and may appoint contractors (not through contractor selection) from the project formulation, survey, design, construction execution to completion and inauguration of the project.

2. Regarding Works built under emergency orders:

a) The investment decision maker of Works built under emergency orders shall decide procedures for construction investment and project management methods; appraise or approve the project, design and construction estimate, supervise execution, carry out final acceptance and transfer the completed construction work himself/herself in accordance with regulations of law on construction;

b) Works built under emergency orders shall be exempt from construction permit as prescribed in Point a Clause 2 Article 89 of the Law on Construction dated 2014;

c) The Prime Minister shall consider permitting the investment decision maker of Works built under emergency orders to decide or authorize the investor to decide and take responsibility for CPM and award the contract (without contractor selection process) from the project formulation, survey, design, construction execution to completion and inauguration of the project.

3. Regarding makeshift Works:

a) The investment decision maker shall carry out CPM in accordance with this Decree; appraise and approve design, construction estimate; award the contract or begin construction himself/herself;

b) The investor or the building contractor of main construction work must demolish or clean up makeshift construction work (if any) to restore the construction site before the completed construction work is transferred.