THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness
No. 62/2020/QH14
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LAW
Amending and Supplementing a Number of Articles of the Construction Law[1]
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Construction Law No. 50/2014/QH13, which had a number of articles amended and supplemented under Law No. 03/2016/QH14, Law No. 35/2018/QH14, and Law No. 40/2019/QH14.
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Article 1. To amend and supplement a number of articles of the Construction Law
1. To amend and supplement a number of clauses of Article 3 as follows:
a/ To amend and supplement Clause 1 as follows:
“1. Construction investment prefeasibility study report means a document presenting contents of preliminary study on the necessity, feasibility and efficiency of, construction investment, which serves as a basis for decision on or approval of a construction investment policy.”;
b/ To amend and supplement Clause 4 as follows:
“4. Specialized construction work-managing ministry means a ministry tasked to manage investment in construction of specialized works under its management in accordance with this Law.”;
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c/ To amend and supplement Clause 10 as follows:
“10. Construction work means a product, which is built according to a design by human labor with building materials and equipment installed therein, affixed to land, and possibly includes underground, ground surface, underwater and water surface components.”;
d/ To amend and supplement Clause 13 as follows:
“13. Specialized construction agencies means specialized agencies assigned to perform construction management of specialized construction work-managing ministries or provincial-level People’s Committees; agencies assigned to perform construction management of district-level People’s Committees; and management boards of industrial parks, export processing zones, hi-tech parks or economic zones.”;
dd/ To add Clause 15a below Clause 15 as follows:
“15a. Urban center construction investment project means a mixed-use construction investment project which has technical and social infrastructure systems, synchronous houses or other construction works under a construction master plan approved by a competent authority to build or renovate urban works.”;
e/ To annul Clause 29;
g/ To amend and supplement Clause 36 as follows:
“36. Appraisal means examination and assessment by an investment decider, a project owner or a specialized construction agency of necessary contents in the course of preparing and implementing a construction investment project in accordance with this Law, including appraisal by such investment decider or project owner before deciding on construction investment and approving construction designs; and appraisal by such specialized construction agency to control compliance with relevant regulations by subjects participating in construction activities.”;
h/ To add Clause 46 below Clause 45 as follows:
“46. Dangerous area in work construction means delimited areas inside and surrounding a construction site where dangers might occur from construction activities and cause damage to humans, construction works, property, equipment and vehicles, which may be identified according to relevant standards, technical regulations and work construction-organizing measures.”.
2. To amend and supplement a number of clauses of Article 4 as follows:
a/ To amend and supplement Clause 1 as follows:
“1. Ensuring compliance of work construction investment with master plans and designs, and regulations on protection of scenery and the environment; suitability to local natural and social conditions and cultural characteristics; stable life of the people; and combination of socio-economic development with national defense, security, natural disaster prevention and control, and response to climate change.”;
b/ To amend and supplement Clause 6 as follows:
“6. Organizations and individuals involved in construction activities must fully satisfy law-prescribed capacity conditions; and take responsibility for quality of jobs they have performed in accordance with this Law.”;
c/ To amend and supplement Clause 8, and add Clause 9 below Clause 8 as follows:
“8. Clearly distinguishing the function of state management in construction investment activities from the function of management of investment deciders and project owners suitable to each type of used funding sources.
9. Upon the formulation and implementation of a construction master plan, construction investment, management of operation of construction works or development of building materials, technical and managerial solutions are required to ensure energy and natural resource conservation and efficiency and environmental protection.”.
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3. To amend and supplement Article 5 as follows:
“Article 5. Types and grades of construction works
1. Types of construction works shall be determined by their structural characteristics and utilities.
2. Grades of construction works shall be determined for each type of works, including:
a/ Grades of construction works used to serve the management of construction investment activities specified in this Law shall be determined based on their size, importance and technical parameters, including special grade, grade I, grade II, grade III and grade IV, except the case specified at Point b of this Clause;
b/ Grades of construction works used to serve the making of work construction designs shall be specified in relevant standards and technical regulations. Grades of construction works used to serve the management of other activities must comply with relevant regulations.
3. The Government shall provide in detail types of construction works.
4. The Minister of Construction shall provide in detail grades of the construction works specified at Point a, Clause 2 of this Article.”.
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4. To amend and supplement Article 7 as follows:
“Article 7. Project owners
1. Project owners shall be identified before construction investment projects are formulated or when such projects are approved or in other cases specified in relevant laws.
2. Depending on funding sources used for construction investment projects, the identification of project owners is as follows:
a/ For a project using public investment funds, the identification of its owner must comply with Clause 3 of this Article and the law on public investment;
b/ For a project using state capital in accordance with relevant laws (below referred to as project using state capital other than public investment funds), its owner is the agency or organization assigned by the investment decider to manage and use capital for construction investment;
c/ For an investment project to be implemented in the public-private partnership form (below referred to as PPP project), its owner is the PPP project enterprise established in accordance with the law on investment in the PPP form;
d/ For a project using lawful investment capital of organizations or individuals other than those specified at Points a, b and c of this Clause (below referred to as project using other capital) and subject to investor selection as required by the law on investment, its owner is the investor approved by a competent state agency. In case more than one investor is involved in a project, the investors may establish an organization or authorize one of them to act as the project owner. In case a relevant law provides selection and recognition of project owners, the selection and recognition of a project owner must satisfy the conditions prescribed by such relevant law;
dd/ For projects other than those specified at Points a, b, c and d of this Clause, their owners are organizations or individuals that invest capital in construction of such projects.
3. Based on specific conditions of projects using public investment funds, investment deciders shall assign specialized construction investment project management units or regional construction investment project management units to act as project owners. In case no project management unit is available or a project management unit is available but unqualified, the investment decider shall assign an agency or organization with managerial experience and capacity to act as the project owner.
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