LAW.

Build

_____

The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Law of Construction.

CHAPTER I
COMMON RULES

What? 1. Adjustment range

The law provides for the rights, obligations, responsibilities of the agency, the organization, the individual and the state administration in the investment of construction.

What? 2. Apply objects

The law applies to the agency, organization, domestic individual; organization, foreign individual operating investment in Vietnam.

In the case of an international treaty that the Socialist Republic of Vietnam is a regulated member of this law, it applies the provisions of that international treaty.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Pre-building investment research report is the documentation of the preliminary research content of the necessity, feasibility, and effectiveness of the investment of construction, as a review basis, and the decision to create construction investments.

2. Construction feasibility study report is the document that presents the research content of the necessity, the level of feasibility and efficiency of the investment in the design of the selected basis design, as a review basis, the decision to invest in construction.

3. Economic Report-Construction Investment Engineering is the document that presents the content of the necessity, the level of feasibility and efficiency of the construction of the construction design methodology of a small scale construction project, as a review basis, the decision to invest in construction.

4. Specialized Construction Building Manager is the Department that is tasked with management, making the construction investment of the construction industry dedicated to its management.

5. Red Street Index is the boundary line that is defined on the planning and field map to demarcate the boundary between the land built and the land is devoted to traffic or engineering infrastructure, other public spaces.

6. Construction Index is a limited road that allows construction of the main building on land.

7. Make use of building land is the designation for space development management, the specific defined architecture for an area or a plot of land including construction density, land use coefficient, maximum construction height, minimum of construction.

8. Economic indicators-the engineering of the construction planning scheme. is the only forecast to be forecast, to determine, to make the basis of a proposed basis of methods, a construction planning solution that includes a population size, land, and a focus on engineering infrastructure, social infrastructure and the environment.

9. Construction owner (the following is called an investment owner) as the agency, organization, individual who owns capital, borrowed capital, or is directly assigned management, which uses capital to perform construction investment.

10. Construction site is the product made up of human labor, construction material, construction equipment, which is linked to the ground, which may include the underground, the upper part of the ground, the lower part of the water and the upper part of the water, built. The design. Construction includes civil works, industrial works, transportation, agriculture and rural development, engineering infrastructure and other works.

11. Construction plot: is the mandatory minimum building height required to comply with the choice of the background and rain drainage.

12. State Management Agency for Construction The Department of Civil Affairs, the Provincial People's Committee, the Central Committee of the Central Committee (later known as the Provincial People's Committee) and the District People's Committee, the district, the town, the provincial city (later known as the District People's Committee).

13. The Agency for Construction. is the professional body of the Ministry of Construction, the Ministry of Public Building Management; Construction Department, Department of Professional Construction Building; the Office of Construction Management of the District People's Committee.

14. Human expertise. decision to invest is the agency, the organization whose expertise is consistent with the nature, the content of the project and is determined by the person to invest in the appraisal task.

15. Construction investment project is the set of proposals that are relevant to the use of capital to conduct construction activities for new construction, repair, construction work to develop, maintain, enhance the quality of work or product, service in the deadline and cost of validation. Oh, At the preparation of the construction project investment project, the project is represented through the Construction Investment Research Report, the Research Feasibility Study, or the Economic Report-Investment Engineering Report.

16. Rural population point. is the centralised residence of households connected to each other in manufacturing, living and other social activities within a certain area, formed due to natural conditions, economic conditions-social, cultural, and other factors.

17. Construction permit is the legal document granted by the state agency to the owner of the investment holder for new construction, repair, renovation, relocation of the building.

18. The construction permit has a deadline is a construction permit issued for construction of the building, the individual housing that is used in certain times under the plan to implement the construction planning.

19. Stage construction permit is a license-building permit for each part of the project or the project of the project when the construction design of the work or of the project is not done.

20. Building Investment Operations is the process of conducting construction activities including new construction, repair, construction of construction.

21. Construction Activity including construction planning, construction project investment project, construction survey, construction design, construction construction, construction oversight, project management, contractor selection, procurement, desk delivery, warranty, maintenance, maintenance, maintenance, maintenance, maintenance, maintenance, maintenance, construction, maintenance, maintenance, construction, maintenance, maintenance, construction, maintenance, maintenance, construction. Construction and other activities are related to building construction.

22. Engineering infrastructure. Communications, communications, energy supply, public lighting, water level, collection and disposal of wastewater, solid waste, cemetery and other work.

23. Social infrastructure system including medical, cultural, educational, sports, trade, public services, green trees, parks and other works.

24. Building Investment Consultated Construction planning, construction of construction projects, surveys, construction design, inspection, testing, testing, project management, project management, and other consulting work are related to the investment in construction.

25. Special functions. is the area developed by specialized or mixed functions such as the economic zone, industrial zone, manufacturing zone, high tech sector; tourist areas, econsite; conservation areas, historic sites-culture; training areas; sports gymnast; Port of aviation, seaport; area of engineering infrastructure; other specialty functions are defined under approved area construction planning or established by the state authority.

26. Build Building Investment Projects included the construction of the Viable Investment Research Report (if available), the Investment Research Report or Economic Report-the investment engineering construction and implementation of the work required to prepare the construction investment.

27. The man who decides to invest. is an individual or a representative in accordance with the law of the agency, the organization, the business has the authority to approve the project and decide on the investment of construction.

28. Contractor in Building Investment Operations (later known as the contractor) is the organization, the individual with sufficient capacity to build, the ability to practice construction while engaging in contract relations in the construction of construction investments.

29. Individual housing is the work built on the grounds of the land in the use of the household, the individual according to the rule of law.

30. Construction Planning is organizing the space of urban, rural and functional areas; organizing the infrastructure of engineering, social infrastructure; establishing a suitable environment for people living in territories, ensuring harmony between national interests. with community benefits, meeting the goal of economic development-social, defense, security, environmental protection, response to climate change. Construction planning is shown through construction planning schemes including diagonation, drawings, models, and persuadies.

31. Area Building Planning is the organization of urban, rural, special functions and engineering infrastructure systems, social infrastructure in the administrative boundaries of a province or a district, the intercity, the interdistrict in accordance with the requirements for economic development-the society in the region. Every time.

32. The planning of building a special function. is the organization of the landscape of landscape architecture, the engineering infrastructure system, social infrastructure within a particular functional area. The planning for the construction of special functions includes joint construction planning, construction of construction and construction of construction details.

33. Rural Construction Planning is the organization of space, land use, engineering infrastructure, social infrastructure of the countryside. Rural planning includes joint planning and the planning of building rural settlements.

34. Construction work incident is the failure to exceed the safety limit allowed, making construction work or construction of the construction of construction workers at risk of collapse, which has collapsed partially or entirely in the construction and exploitation construction process using the work.

35. Construction contractor. is the contractor who signs a direct contract with the owner of the investment to receive a bid, some kind of work or the entire work of the construction investment project.

36. Appraisal is the test, the assessment of the investment decision, the investment owner, the expert body of construction on the necessary content in the preparation process and the implementation of the construction investment project as a review basis, approx.

37. Interrogation is the test, evaluation of the organization ' s expertise, the individual has sufficient capacity to build, the capacity to build on the necessary content in the process of preparing and implementing the construction investment project as the basis for the work. Appraisal.

38. Construction of construction work including construction and installation of equipment for new construction, repair, renovation, relocation, remodeling, restoration; construction of construction; maintenance, maintenance of construction work.

39. The device is installed in the building. It ' s a technology device and technology device. Construction equipment was the device built into construction design. The technology device is the device located in the technology chain installed into the construction of technology design.

40. Preliminary design is the design set up in the Viable Investment Research Report, showing the original ideas of building design design, preliminary selection of technology lines, equipment as the basis for determining the investment in building construction.

41. Base design is the design set up in the Viable Investment Research research report on the basis of the selected design methodology, embodied the specifications that are primarily in line with the standard, the applied technical standard, which is the base for deploying the necessary steps. Next.

42. Technical Design is design-specific design design after the project-building investment project is approved to fully implement solutions, specifications, and usage materials in accordance with the standard, the technical standard applied, which is the basis for deploying the device. The drawing of the competition.

43. Design rendering design is the design of the full performance of specifications, usage materials, and configuration details that fit the standard, the technical standard applied, to ensure sufficient conditions for the deployment of construction construction.

44. Construction planning deadline is the time defined as a forecast basis, calculating economic indicators-engineering for building planning schemes.

45. Planning area is the territory space limited by one or more administrative units taken by the state authority.

What? 4. The basic principle in building investment activity.

1. Make sure the investment builds on the planning, design, landscape protection, the environment; in line with natural, social, cultural characteristics of each local; ensuring the life of the people; and combining economic-social development with the environment. Defense, security and response to climate change.

2. Use of resource rationing, resources in the project area, ensure the right purpose, object, and build-to-build.

3. Standard compliance, technical regulation, the regulation of law on the use of building materials; ensuring access to the use of a convenient, safe work for persons with disabilities, seniors, children in public works, high school homes; and so on. Science and technology, applying the building information system in building investment.

4. Quality assurance, progress, process safety, life, human health and property; prevention, fire, explosion; environmental protection.

5. Make sure to build synchrony in each building and synchrony with technical infrastructure, social infrastructure.

6. Organization, individual, when participating in the construction activities must have sufficient capacity conditions in accordance with the type of project; type, construction of construction and work under the provisions of this Law.

7. Public guarantees, transparency, savings, efficiency; room, anti-corruption, waste, failure and other negation in building investment.

8. Decalability of a state management function in building investment activity with the management function of the investment holder in accordance with each type of capital used.

What? 5. Type and Level Construction

1. The construction work is categorized by type and level of construction.

2. The type of construction is determined by the use of civil engineering, industrial work, transportation, agricultural work and rural development, engineering infrastructure and defense, security.

3. The work level is defined by each type of base construction on scale, purpose, importance, shelf life, usage materials, and construction technology requirements.

Work levels include special levels, Level I, Level II, Class III, Level IV, and other levels of Government regulation.

What? 6. Apply standard, technical regulation in the construction of construction investment.

1. Construction investment must comply with the national technical standard.

2. The standard is applied in building investment in accordance with voluntary principle, except for the standards invoked in the standard of technical or other laws of law that are relevant.

3. The standard applicable to the work must be considered by the person to invest in consideration, approval when deciding to invest.

4. The standard application must ensure the following requirements:

a) In accordance with the requirements of the national technical regulation and the regulation of the relevant law;

b) Ensure that synchrony, the feasibility of the standard system is applied.

5. The application of technical solutions, technology, new materials in the construction investment activity must meet the requirements of the national technical regulation and the regulation of the relevant law.

6. The Ministry of Construction, the Ministry of Public Building management that is responsible for building standards, national engineering regulations apply to specialized construction work in accordance with the laws of standards of standards, technical standards.

What? 7. Chairman

1. The investment owner is determined by the decision to invest before the project or when the project is approved.

2. Depending on the source of capital used for the project, the investment owner is specifically defined as follows:

a) For the project to use state budget capital and foreign capital funds, the investment holder is the agency, the organization that decides to invest in management, using capital to invest in construction;

b) For the project to use borrowed capital, the investment holder is the agency, the organization, the borrower capital to invest in construction;

c) For the project implementation in the form of a project contract, the private partnership contract, the investment holder is the project business created by the investor in accordance with the rule of law;

d) The project does not belong to the specified object at points a, b and c this paragraph due to the organization, the individual who owns the investment capital.

3. The specific condition base of the state budget capital project, who decides to invest the project for the Professional Building Investment Project Management Board, the Investment Management Project Management Board of Investment Building Investment Management; the case with no Project Management Board. And then he decided to invest in the agency, and the organization was qualified to master the investment.

4. The owner is accountable to the law and the person who decides to invest in the scope of his rights and obligations under the provisions of this Law and other provisions of the relevant legislation.

What? 8. Monitoring, evaluation of construction investment project

1. The construction investment project must be monitored, evaluated in accordance with each type of capital source as follows:

a) For the project to use state capital, the state agency has the authority to carry out oversight, judging by the rule of law on public investment and the legislation on construction by content and evaluation criteria has been approved;

b) For the project to use other capital, the state agency has the authority to carry out oversight, assessment of the objective, the suitcases of the relevant planning, the use of land, the investment of construction and the protection of the environment.

2. The investment project builds the infrastructure use of state capital, the contribution of the community and the funding capital of the organization, the domestic individual must carry out the oversight of the community.

Within the scope of the mission, the Vietnam Front in the construction area of the organization's organization carried out oversight of the community.

3. The government regulates this.

What? 9. Insurance in building investment activity

1. Insurance in building investment activity:

a) The work insurance for the time of construction;

b) occupational liability insurance;

c) Insurance against supplies, materials, vehicles, construction equipment, workers; and more.

d) Asking the responsibility of the people to the third party;

Insurance: The insurance company.

2. The responsibility for purchasing mandatory insurance in the construction investment activity is regulated as follows:

a) The owner of the building insurance industry in the time of construction on the work that affects community safety, environment, technology that has a special technical requirement, complex construction conditions;

b) Consultational Consultational Consultational Consultational Consultational Investment Consultational advisory on construction survey work, construction design of construction work from Level II onwards;

c) The contractor for the construction of the insurance company for workers who work on the field.

3. Recommend investment owners, consulting contractors, construction contractors to purchase types of insurance in construction investment activities, except for the case of regulation at paragraph 2 This.

4. The government provides details on the responsibility of purchasing mandatory insurance, conditions, fees, the minimum amount of insurance that organizes, the individual participating in insurance and the insurance business is obliged to perform.

What? 10. Recommend policy in building investment activity

1. Organization, domestic individuals and organizations, foreign individuals are encouraged and facilitated the research application of advanced scientific and advanced construction technologies, using new building materials, energy savings, resources, environmental protection, and the application of the application. with climate change; conservation, respect and development value of historical sites, cultural heritage, religion, religion; facilitalizing organization, individual building in society, engaging in planning and planning investment in the mountain, the region is conditional on climate change. Social-economic and economic-particularly difficult and climate-influenced climate change.

2. The participants engaged in the construction of construction investments in equal-to-law-treated economic components, encouraged and facilitated in the construction of construction investment; the priority of the contractor has the work granted by the State. The quality of the construction work of the construction industry.

3. Each step of the transfer of several public services provided by the state governing body in the construction of the construction investment for the social organization-the profession has sufficient capacity, the conditions of which are guaranteed.

What? 11. International Cooperation in Building Investment Operations

1. Organization, domestic individuals are encouraged to expand international cooperation in construction investment, implementation of technology transfer, engineering, management experience, and use of new materials.

2. The state protoners the branding of Vietnam ' s construction abroad; facilitrus facilitalization and measures to promote the signing, implementation of international treaties, the international agreement in the investment of construction between the organization, the individual in the country with the organization, the individual. foreign workers on the basis of ensuring the principles of fundamental principles in the investment of construction regulations in Article 4 of this Law.

What? 12. The acts are strictly forbidden

1. The investment investment decision is not correct with the rule of this Law.

2. Initiate construction work when not eligible for the provisions of this Law.

3. Building the work in the construction area; construction of the encrove on the corridor protects the defence, security, transportation, irrigation, dikes, energy, historic sites-culture and other area protection areas according to their provisions. Law; building construction in the area has been warned of the risk of landslides, flash floods, and pipes, except for the construction work to rectify these phenomena.

4. Construction of the construction is not the right construction process, except where the construction permit has a deadline; the construction of the construction index, the construction site; construction of the work is not true for the construction permit issued.

5. Set, appraisal, design approval, project of construction work using state capital with the provisions of this Law.

6. The contractor engaged in construction activities when there is not enough capacity to carry out the construction operation.

7. The investor selects the contractor who is not qualified for the construction operation.

8. Construction of the work does not comply with the standard, the technical standard is selected to apply to the work.

9. Manufacturing, using building materials that pose a threat to public health, the environment.

10. Violation of the regulation of labor safety, property, prevention, fire, explosions, security, order and environmental protection in construction.

11. Using the work is not right for the purpose, the use of use; construction of the loot, crowing the area, crowing up the space that is being managed, using the legal use of the organization, the other individual and of the public sector, the common use area.

12. Take, take the bribe in the construction investment operation; other legal use to participate in construction activities; orchestras, collusion falsetto the outcome of the project, survey, design, construction of construction construction work.

13. Abuse of the office, the power breach of the law on construction; cover, slow handling of violation of the law of construction.

14.

CHAPTER II

CONSTRUCTION PLANNING

Item 1

GENERAL REGULATION

What? 13. Build planning and construction planning base

1. Build Planning consists of the following types:

a) Area planning;

b) Urban planning;

c) A specific functional area planning;

d) Rural planning.

2. The construction planning is based on the following content:

a) Strategy, the overall planning of economic development-society, defence, security, industry planning, planning of the overall planning of national urban systems, relevant construction planning has been approved;

b) The technical standard of other construction and regulatory planning is relevant;

c) Maps, documentation, data on economic-social status, local natural conditions.

3. Urban planning is implemented by the regulation of the law on urban planning.

What? 14. Required and principles of compliance with the construction planning

1. Required for construction planning include:

a) In line with the goal of strategy, the overall planning of economic development-society; ensuring defense, security, facilitation of economic development-sustainable society; unified with the development of industry; public, transparent, harmoning harmony between the two countries. the national interest, the community and the individual;

b) Organization, territorial arrangements on the basis of exploitation and utilization of natural resources, land, historical sites, cultural heritage and resources in accordance with natural, economic-social, historical, cultural, cultural, scientific and cultural conditions. technology according to the period of development;

c) Responding to the need for the use of engineering infrastructure; to ensure connectivity, unified regional engineering infrastructure, region, country, and international;

d) Protect the environment, rooms, anti-natural disasters and applications with climate change, mitigate adverse impacts on the community, preserve, respect and develop values of historical sites, cultural heritage, religion, religion; synchronized guarantees of space-based space. Architecture, social infrastructure, engineering infrastructure;

) Establish the basis for planning, investment management and investment management, management, exploitation and use of construction works in the region, the specialty functions, rural areas.

2. Principles of compliance with construction planning include:

a) The implementation of the program, construction investment activity, space management, architecture, landscape, must comply with the planned construction process which is approved and consistent with the operational resources;

b) The construction planning level must ensure consistency and in accordance with the higher-level planning.

What? 15.

1. The construction plan must be periodically reviewed, reviewed, evaluating the implementation process to promptly adjust the situation in accordance with the economic-social development situation in each phase. The planning review of the construction plan is 10 years for the regional planning, the five years for general planning and the planning of the division, three years for detailed planning since the planned construction date.

2. The People ' s Committee with the responsibility to sweep the construction planning has been approved.

3. The construction of the construction planning review must be reported in writing with the state agency with the authority to approve the construction planning to review, the decision.

What? 16. Responsibility for the planning of construction

1. The agency, the owner of the organization planning construction planning is responsible for the opinion of the agency, the organization, the individual and the residential community are involved in the task and construction planning schemes.

The relevant People's Committee is responsible for coordinating with the planning organization of the construction planning organization, the investment project investment building in the taking of the opinion.

2. For the mission and planning scheme under the Government of Government approval, the Ministry of Construction is responsible for the opinion of ministries, agencies, other organizations in the central part are involved; the Provincial People ' s Committee is responsible for taking the basic opinion. There is, like, organized, organized, personal, and community-related communities.

3. Contributs to the contribution must be fully aggregable, the process, the reception and the state agency report having the authority to review, the decision.

What? 17. Form, time of opinion on construction planning

1. The taking of the agency, the organization, the individual with regard to the task and the construction planning scheme is made using the form of a filing, document, or conference organization, the workshop. The agency, the organization, the individual is given the opinion that is responsible for responding in writing or contributing to direct knowledge.

2. The public opinion of the public community on the task and general planning schemes is made through the opinion of the community representative by the form of the census, interview. The representative community is responsible for aggreging the opinion of the population by the rule of law on the implementation of democracy at the facility.

3. The employment of residential community opinion on the mission and the planning of subdistrict planning, construction of construction details and communal planning construction, the planning of building a rural population point made by coupons made through a public or public display form. The introduction of the planning method on popular media.

4. Time to take an opinion on the construction planning of at least 20 days for the agency, 40 days for the organization, the individual, the residential community.

5. The agency, the organization planning construction planning to take over the opinion of the agency, the organization, the residential community is taken with the opinion to complete the mandate and construction of the construction plan; the non-resupply case must respond in writing and specify the reason why. Before we approve of the plan.

6. The government provides details of the opinion on the mission and the planning of construction of the relevant agencies, organizations, individuals, and communities.

What? 18. Choice organization planning to build construction planning

1. The organization of the planning organization decides to form the choice of organizational planning to participate in the planning of construction by law.

2. When the choice of planning planning, the organization organizing the construction planning or the owner of the investment must be based on the capacity conditions of the planning planning organization under the regulation of this Law and must be held accountable to the legislation on the rules. The damage caused by the choice of the consulting organization is not qualified.

3. Recommend the selection of the construction planning organization through the form of competition for the joint planning of large-scale special features, which has special significance and construction of the construction of the construction site, the detailed planning of building areas of the area. have significant implications in the particular functional area.

What? 19. The funding for construction planning work

1. The State guarantees the funding under the rule of law for the construction planning work.

2. The state encourages organization, domestic and organization, foreign individuals financing the funding for building planning.

What? 20. Free sequence approx construction planning

Construction planning is shown through construction planning schemes and is done in the following sequence:

1. Set up, approve the construction of construction planning;

2. Investigate, survey the field; gathering maps, documents, metrics on natural conditions, economic status-social status, economic development overall development-social development and related industry development planning to set up construction planning projects;

3. Set up a construction plan.

4. Judge, approve the construction plan.

What? 21. store building planning schemes

1. Agency, organization, head of construction planning to implement the storage of approved construction planning schemes under the provisions of the law on storage.

2. The state governing body for construction planning, the land management agency that holds the responsibility to store construction planning records and provides this storage material to the individual, the organization, the state agency has jurisdiction under the rule of law.

Item 2

REGIONAL CONSTRUCTION PLANNING

What? 22. Region construction planning and organizational responsibility for regional construction planning

1. The Area Building Planning is established for the following regions:

a) Region of the provinces;

b) Region;

c) The interdistrict area;

d) Region;

No, no, no.

e) Region along the highway, the economic corridor in the province.

2. In the planning scheme of construction of a region, the province, the planning section of the engineering infrastructure is being specific through the engineering infrastructure.

3. The responsibility for organizing the region-building planning process is as follows:

a) The Ministry of Construction is in coordination with ministries, provincial and agency People's Committees, organized organizations to organize missions and construction planning schemes for the intercity, the country's significant functional region, the region along the highway, the action. It ' s the economic lobby.

b) The construction work management of the organization of the task organization and the planning project specialized in the infrastructure engineering infrastructure;

c) The Provincial Committee of the People's Provincial Committee organizes the task and plan to build other regions of the administrative unit due to its management.

What? 23. The mission and the planning of the regional construction plan

1. Area building planning mission:

a) Define the argument, the basis of the scope of the region boundaries;

b) Define region development goals;

c) The regional population scale forecast, the need for technical infrastructure and social infrastructure for each phase of development;

d) Identitifully requirements for the spatial organization of the urban system, rural areas, regions and functional areas, the engineering infrastructure system, social infrastructure on the region by phase.

2. Content-building planning content:

a) The planning of the region, the province, the interdistrict, the district must define and analyze the potential, region development dynamics; forecast of urbanization; the solution of functional parties, the distribution of urban systems and rural settlements; the body. The Specialized Functional Area, the manufacturing facility, the engineering infrastructure and social infrastructure that has regional significance;

b) The planning area of the special function region is formed on the basis of economic-social, defence, security, cultural heritage, natural landscape; determination and analysis of development potential, extraction capacity, functional division, layout, and development. the population and organization of the engineering infrastructure that is consistent with the nature and development objectives;

c) The planning area along the highway, the intercity economic corridor must analyze the dynamics and impact of the line, the corridor to the development of the areas along the line, the extraction solutions, land use, the space organization, and space. The landscape architecture, the engineering infrastructure system that is consistent with the nature of the line, the corridor and safety of traffic safety across the line;

d) The technical infrastructure construction plan must forecast development and demand for use; locate, scale, lead, support works, main transmission network, dispatch network, and protection range. And the safe passage of the building.

The scale base, the nature of the region, the planning area for the construction of the area was studied on the basis of 1/ 25,000-1/250,000.

e) The planning deadline for the region-building planning for 20 years to 25 years, vision for 50 years;

g) The approved zone building planning is the basis for the deployment of urban planning, planning for the construction of special functions, rural construction planning, and infrastructure engineering infrastructure planning.

3. The government regulates this.

Section 3

THE PLANNING OF BUILDING A SPECIAL PURPOSE ZONE

What? 24. Subject and responsibility for planning the construction of the special function

1. The planning for the construction of the Special Function Zone is set up for the following functions:

a) The economic zone;

b) Industrial area, construction site, high tech sector;

c) The tourist area, the ecological area;

d) Conservation Area; historic site-culture, revolution;

The research area, the training; the gymnast;

e) aviation port, seaport;

g) The area of engineering infrastructure;

h) Other specific functions are defined under the approved area building planning or by the state authority with the authority to decide the establishment.

2. The responsibility for organizing the planning of the construction of the specific function is as follows:

a) The Ministry of Construction organizes the task and joint planning schemes to build the national level of special purpose;

b) The Provincial Committee of the People's Provincial Committee organizes joint planning and planning projects building a special function, except for the planning of regulation at the point of a paragraph 2 of this and the task, the planning scheme for the construction of the special functions of the area;

c) The District People's Committee or the investment project investment project construction organization and detailed planning project construction of the area entrusted or invested.

What? 25. The planning levels of building the special function.

1. The joint construction plan set up for the specific functional zone is scale from 500 hectares that has become the basis for the planning of partition planning and construction.

2. The construction of the construction site is set up for the specific functional area of less than 500 hectares as the basis of construction detail planning.

3. The construction of construction details is set up for areas in the specialty function as the basis of construction permits and the construction of the construction investment project.

What? 26. Joint planning to build a special function

1. Joint planning mission building special functions:

a) The argument, the basis of the formation, determines the scope of the specific function of the functional zone;

b) Define the properties, predict the population size of the specific functional zone, requirements for spatial development orientation, engineering infrastructure, social infrastructure for each phase of planning;

c) For the general planning of construction, renovation of the particular function area, in addition to the specified content at the point of a 1 This must also determine the area required to open, the area retained for editing, the area must be protected and required specific requirements. It ' s different from the characteristics of each particular function.

2. Joint planning project building special functions:

a) Content-planning and joint planning content construction of a particular functional area including the identification of objectives, development dynamics, population size, land, and the direction of engineering infrastructure, social infrastructure; development model, development of space development, and development. ability, administrative center, service, commerce, culture, education, training, health, green tree parks, fitness, sport; systems infrastructure system infrastructure, ground, underground, underwater and underground; assessment of war environment. The plan to prioritiate investment and resources.

b) The drawing of the joint planning scheme for the construction of the specific function is expressed in a ratio of 1/5,000 or 1/10,000;

c) The planning deadline from 20 years to 25 years;

d) The common planning scheme for the approved special function is the basis for the planning of the construction of the construction site, the detailed planning of the construction of the area, and the construction of the investment project building the framework of the frame engineering.

3. The general planning project building a specialized specialty function area of the determination of population size, land, and the designation of technical infrastructure, social infrastructure; the orientation of spatial development of functional parlour; the process of building systems downstream. the framework of the framework engineering; assessment of the strategic environment; the investment and resource priority plan.

What? 27. The planning of the division of the Special Enemies.

1. The planning mission for the construction of the Special Function Zone:

a) A requirement for land use, scale, planning scope, engineering infrastructure, social infrastructure in the planning area;

b) The portfolio of the proposed method of renovation of the work needs to be retained in the area of renovation planning;

c) Other requirements for each of the planning areas.

2. The planning scheme for the construction of the special function:

a) Content-planning, planning for the construction of specific functions including the identification of the function used for each property; the principle of space organization, landscape architecture for the entire planning area; the designation of the population, land use, and system. technical infrastructure for every single batch of land; the layout of the social infrastructure system is consistent with the need to use; the layout of the network of engineering infrastructure to the street axes in accordance with the development stages of the entire special function. Hostile; evaluating the strategic environment;

b) The drawing of the planning scheme for the construction of the specific functional area is shown in a ratio of 1/2,000;

c) The planning deadline for the construction of the specific function of the specific function is determined on the basis of the general planning and management requirements, the development of the particular functional zone;

d) The planning plan for the construction of approved special functions is the basis for determining the investment projects built in the specific function and construction of construction details.

What? 28. The construction of construction details in the special function zone

1. The task of planning a detailed construction in the special function area:

a) A requirement for land use, scale, detailed planning scope, urban design, engineering infrastructure systems, social infrastructure in the planning area;

b) Set up a portfolio of reclamation measures for the works that need to remain in the area of renovation planning;

c) Other requirements for each of the planning areas.

2. The detailed planning scheme in the special function of:

a) Content-planning, construction of detailed planning, land use, engineering infrastructure, social infrastructure and space organization requirements, architecture for the entire planning area; and the development of social infrastructure in accordance with the need for use. to the architectural architecture of every single land, urban design; and the layout of the engineering infrastructure to the boundaries of the land; the strategic environment assessment;

b) The drawing of the detailed planning scheme is shown in a 1/500 ratio;

c) The planning deadline for the construction of construction details is determined on the basis of an investment plan;

d) The approved building detailed planning scheme is the basis for granting a construction permit and a construction investment project.

Section 4

RURAL CONSTRUCTION PLANNING

What? 29. Subject, level, and responsibility of organizing rural building planning

1. The rural construction planning is set up for the object as the township and the rural population point.

2. Rural Construction Planning consists of the following levels:

a) The joint building planning is set up for the entire administrative boundary of the commune;

b) The construction of construction details was established for the rural population point.

3. The Social People ' s Committee chaired the task of planning and planning rural construction.

What? 30. Social construction joint planning

1. The task of joint planning construction of the commune consists of the goal, the scope of the commune boundary; properties, the function of the commune; determining the factors that affect the economic-social development of the commune; predicate of population size, labor; land size, economic indicators-mainly technical; requests for the principle of organization to distribute agricultural, industrial, industrial, industrial, industrial, industrial, and service infrastructure.

2. The communal planning scheme:

a) The joint planning of the communal planning scheme includes potential identification, development dynamics, population size, labor, land scale, rural population point network; the orientation of the global overall space organization; the orientation of the development of functional areas. production of agriculture, industry, industrial subsistence, fishing village, housing, service and engineering infrastructure systems;

b) The communal planning scheme map is expressed in a ratio of 1/5,000 or 1/ 10,000 or 1/25,000;

c) The planning deadline from 10 years to 20 years;

d) The communal planning scheme was approved as a planning facility for the construction of rural settlements, settlements, settlements, and other functions.

What? 31. The detailed planning of building rural settlements

1. A detailed planning mission to build rural settlements including population size forecasts, labor; land scale; requirements for land use of construction sites, conservation, editing; engineering infrastructure, social infrastructure in agricultural settlements. Hamlet

2. Food planning details for the construction of rural settlements include:

a) A detailed planning project for the construction of rural settlements including location, construction area of the works: headquarters of the administration of the administration, education, health, culture, sport, commerce, services, and housing; The planning of infrastructure and infrastructure production;

b) The detailed planning scheme for the construction of rural settlements is expressed in the proportion of 1/500 or 1/2,000;

c) The timing of the base planning pursues to the investment plan and the actual resources;

d) The detailed planning scheme for building rural residential points was approved as the basis for construction and construction investment projects.

Section 5

APPRAISAL, APPROVAL PLANNING

What? 32. The authority to judge the task and construction plan

1. The Ministry of Construction appraisal of the mission and planning scheme under the approval of the Prime Minister ' s approval.

2. The construction planning agency of the Provincial People's Committee appraisal of the mandate and construction scheme of the approved jurisdiction of the Committee on the same level.

3. The construction planning agency of the District People's Committee appraisal of the mandate and construction scheme of the approved jurisdiction of the Committee on the same level.

What? 33. Board of appraisers and content appraisal and construction planning schemes

1. The Construction Department decided to set up the Board of Appraisal of the mandate and the construction plan of the approved jurisdiction of the Prime Minister and the planning scheme built by the Ministry of Construction. The Ministry of Construction is the permanent body of the Council of Appraisal.

2. The People ' s Committee decided to set up the Board of Appraisal of the Board of Planning and Constructive Planning Schemes. The planning administration of the Provincial People's Committee, the district office is the permanent body of the Council on the same level.

3. Members of the Board of Directors include the representation of state governing bodies, professional social organizations, and experts in the relevant field.

4. Content-based planning appraisal:

a) The suitcases of a planning mission to build with strategy, economic development planning-social, defense, security, environmental protection, response to climate change, relevant construction planning and with planning, land use plans;

b) The content requirement for each type of construction planning mission is specified at the terms 23, 26, 27, 28, 30 and 31 of this Law.

5. Content appraisal scheme:

a) The meeting of the conditions of the organization implementation of the design planning design under regulation at Article 150 of this Law;

b) The base of the planning scheme pursues to the provisions at paragraph 2 Article 13 of the Law;

c) The suitcases of planning schemes with tasks and requirements for each type of construction planning regulations in the 2, 3 and 4 chapters.

What? 34. Authority approx mission approval and construction planning charges

1. The Prime Minister approx the mission and plans for the following construction plan:

a) The planning for the construction of the region, the planning of the province, planning for the construction of the region, and the planning of the region along the highway, the economic corridor of the province; and the planning of the infrastructure of the region;

b) The joint planning of the construction of the economy, the joint planning of building high technology;

c) The general planning for the development of tourism, econsite, conservation area, historic site-culture, revolution, research area, training, sports gymnast, national specialty functions;

d) Other construction planning by the Prime Minister of the Government of the Government of Construction.

2. The Provincial People ' s Committee approx the mission and plan construction scheme:

a) Planning for the construction of the interdistrict, the planning process of the district;

b) The general planning of building a special function, except for the planning regulations at the point of one Article;

c) The partition planning of a particular functional zone.

3. The District People ' s Committee approves the mandate and the planning of subsection planning; the planning of construction and planning of rural construction within the administrative boundaries of the administration after the opinion of a unified management of the regulatory body. This is a plan for the Department of the Provincial People's Committee.

4. The People ' s Committee of the Organizing Committee is responsible for the responsibility of the Council of the People to the same decision before being reviewed by the state authority.

5. Form, task approvable content and construction planning charges:

a) The mission, the construction planning scheme must be approved in writing;

b) The written approval plan must have the main content of the construction planning scheme specified at the terms 23, 26, 27, 28, 30, and 31 of this Law and the catalogue of enclosed drawings.

Section 6

ADJUST BUILD PLANNING

What? 35. What to regulate construction planning

1. The area building planning is adjusted when there is one of the following cases:

a) There is regulation of the overall economic-economic development of the region, the region's industry development planning; regulation of resource protection and the environment; planning, land use planning; defense strategy, security; development of regional development dynamics;

b) There is a change in natural geographic conditions, administrative boundaries, major volatility in population and economy-society.

2. The planning for the construction of the specific function is adjusted when there is one of the following cases:

a) Having the overall planning adjustment of economic-social development, construction planning, sector development planning;

b) The form of a national significance project that has a major impact on land use, environment, space layout of the functional area;

c) Build-building planning failed or the implementation of implementation adversely affects economic development-social, defence, security, social security and ecological environment, historical and cultural heritage and community opinion;

d) There is climate change, geology, hydrology;

) serving national interests and community benefits.

3. Rural building planning is adjusted when there is one of the following cases:

a) There is adjustments to the local economic-economic development planning;

b) There is regulation of the region-building planning;

c) There is regulation of the planning, the local land use plan;

d) There is a volatility in geographical, natural conditions.

What? 36. Principles of Building Planning

1. The adjustment of construction planning must be on an analysis basis, assessment of the status quo, the results of implementation of the existing process, which determines the requirements for renovation, editing of the area to propose regulation of land use, space organization solutions, and more. Landscapes for each region; the solution of the renovation of the technical infrastructure and social infrastructure in accordance with the development requirements.

2. The regulatory content planning content must be specified, approved by the provisions of this Law; the unregulated content of the approved construction planning scheme is still implemented.

What? 37. Build-building adjustments

1. The overall adjustment of construction planning is as follows:

a) The overall adjustment of construction planning is conducted when the property, function, scale of the region, of the area planning area changes or content envisage adjustments to change the structure, orientation of the common development of the region, the planning area;

b) The overall adjustment of construction planning must guarantee the actual requirement response, appropriate economic development trends-society and the development orientation of the region, of the region in the future, enhance the quality of habitat, infrastructure and landscape, and the environment. ensuring inheritance and not a major impact on construction investment projects.

2. The construction of the construction planning bureau is specified as follows:

a) The construction of the construction planning bureau only applies to the specific functional area;

b) The regulation of the planning area for the construction of the special function is conducted when content is expected to adjust to no major impact on properties, functions, boundary scales, the general development orientation of the planning area and the main planning solution. of the construction area planning area or construction of construction details;

c) The local adjustment of the planning area of the special function must determine the extent, extent, regulatory content; continuous assurance, synchrony of the general planning of building specific functions or building division planning or cost planning. The existing construction on the basis of analysis, which clarified the principle of adjustment; economic efficiency-the social effect of regulation; the solution that remedied the births due to the regulation of construction planning.

What? 38. Build the master plan to build

1. The economic-economic development situation-society and the factor impacts the development of the region, the specialty functional zone, rural areas; regulatory conditions and after the construction of the construction planning, the organizing agency planning to build the agency ' s agency report. has the authority to approve the construction planning to review, regulate the overall planning of construction.

2. The agency, the individual who has the authority to approve the planning of building approval on the subject of the overall adjustment of construction planning.

3. The organization of the organization, taking the initiative, appraisal, mission approval and the planning of planning the overall adjustment of construction planning, announced the construction of the regulation under regulation at Article 16, Article 17, and entries 2, 3, 4 and 5.

What? 39. Build the building planning order

1. The organization of the organization planning to build a content report and plan to adjust the construction of the construction plan, the organization for the opinion of the residential community in the area regulating the planning and the surrounding area has a direct impact and the competent authorities. the right to approve a review of the review process, which decides to regulate the construction of the building planning.

2. The agency, the individual who has the authority to approve the construction planning of deciding the local regulation by writing on the basis of the planning authority of the construction planning agency.

3. The organization of the construction planning organization is responsible for updating and expressing in the planning profile of building adjustments. The regulation of construction planning must be publicly published under Article 42 of this Law.

Section 7

ORGANIZATION IMPLEMENTING CONSTRUCTION PLANNING

What? 40. Public public construction planning

1. In the 30-day period since the date of approval, construction planning schemes must be publicly announced.

2. The public publication of the construction of the construction plan includes the basic content of the planning and regulatory planning scheme under the planned construction scheme, except for the defense, security, state secret.

3. The construction planning agency charged with full update of the implementation of the deployment planning scheme was approved for the authority to have the authority to promptly publicate the organization, the individual knows, supervising in the course of the practice. Now.

What? 41. The organization of the organization publicly announced the construction of construction.

1. For the region-building planning process as follows:

a) The Ministry of Construction of the Coordination of Coordination with the Provincial Committee of the Provincial People's Provincial Committee announced plans to build a federal area under the approval of the Prime Minister's jurisdiction;

b) The Provincial People's Committee in the Organizational Planning Area announced the planning area of the Prime Minister's approval for the approval of the regulations at this point;

c) The district committee of the district, the commune in the planning area announced the planning area of the approved jurisdiction of the Provincial People's Committee.

2. For the joint planning of the construction of the specific function specified as follows:

a) The Ministry of Construction of the Coordination of Coordination with the Provincial Committee of the Provincial People's Provincial Committee announced plans for the construction of the provincial special functions under the approval of the Prime Minister's jurisdiction;

b) The people ' s committee of the ranks has the responsibility of organizing the joint planning project construction of the administrative zone of the administrative district of the administration.

3. The People ' s Committee has the responsibility to organize the construction of the planning plan for the construction of the division and the planning of the construction of the Special Administrative Region approved by its management so that people perform and oversee the execution.

4. The People 's Committee of the People' s Committee announced the planning of building the township and the rural population point.

5. In the 30-day period since the date of the planned construction planning date, the People ' s Committee of the Responsible Grants announced the construction of the construction planning process.

6. The person who was responsible for the construction of the construction plan if the organization was not held, the publication was slow, and the publication of the false planning content was approved, according to the nature, the level of violation that was disciplined, the search for criminal responsibility, if the damage was done. If you do, you must pay the rules of the law.

What? 42. The public form of public construction planning

1. The approved building planning scheme must be published information on the state regulator's electronic information page on the planning of construction.

2. In addition to the prescribed form at paragraph 1 This, the competent authority also decides that the public forms of public work are formulated as follows:

a) The conference announced the construction planning of the organization's participation, the relevant agency, the Vietnam Front, the People's Representative in the planning area, the press news agency;

b) publicly, frequently, continuous, continuous-to-slave, drawing, model in public, at the agency that manages the construction of the ranks, the People's Committee on the planning of construction;

c) In India, the extensive release of the build plan map, the regulation of the approved construction planning process.

What? 43. Provide information about building planning

1. The provision of information about the construction planning is carried out in the following forms:

a) A construction of building plans for construction;

b) Explain the construction planning;

c) Provides written information.

2. The construction planning agency is responsible for providing information on the site of construction, construction only, red road only, construction and other information concerning the planning when the organization, the individual has the requirement within the scope of the construction planning scheme. It's my manager.

The People's Committee is responsible for organizing the reception, handling and providing information upon request.

The slog is 15 days from the date of the request, the agency that manages the construction planning authority that provides written information to the agency, the organization, the individual has the requirement.

3. Agency, organization, personally required to provide information with written information about the provision of information that he requested.

4. The agency, the organization that provides information that is responsible to the time law of providing information and accuracy of the documents, the data provided.

What? 44.

1. The camping of the field of construction outside the field is done to the general planning scheme, construction of construction and construction of construction details.

2. The planned set of boundaries for the planned construction of the red line, the construction only, the construction site, the boundaries of the forbidden zone, according to the approved gender record.

3. After the planning scheme is approved by the state agency, the People ' s Committee is in charge of the following:

a) The organization and approval of the list of gender-based camping records under the approved construction plan. The time of setting and approval of the landmark record is no more than 30 days, since the date of the planned construction scheme was approved. The field of camping outside the field must be completed in the 45-day period since the approved gender mark date;

b) The organization deploes the field outside of the field to a detailed planning scheme after having an investor to be selected.

4. Organization responsibility, the implementation of the specified gender mark as follows:

a) The Provincial Committee of the Provincial People's Committee of the Provincial Committee directed the construction of the construction and construction of the construction plan for the construction of its administrative boundaries.

b) The District People's Committee organizes the construction of the construction site for the planning scheme of the administrative district within the administration of its administration;

c) The Social People's Committee implemented a construction landmark on the planning scheme of the administrative field of the administration.

5. The records of gender markers are carried out by professional units.

6. The Msnail must ensure sustainability, which is standard in size and is recorded according to regulation, ease of recognition, safety for the person, vehicle of transportation through and in accordance with the terrain, location of the campsite area.

7. The Social People ' s Committee is responsible for the protection of the field of the field.

8. The construction planning agency that holds the gender landmark filing has been approved and has the responsibility to provide the documentation associated with the organization for the organization, the individual has the request.

9. When the construction planning is adjusted then implement the gender-adjusted baseline adjustment.

10. Who has a gender-based landmark, the construction of the wrong place, the relocation, the destruction of the index, the building itself, the level of the breach, the degree of violation, the breach of discipline, the punishment of the administrative breach, the search for criminal responsibility, if the damage is required. Compensated for damages in accordance with the law.

Section 8

CONSTRUCTION MANAGEMENT UNDER CONSTRUCTION PLANNING

What? 45. Management Principles build on construction planning

1. The management of the construction investment must be based on the planned construction of the authority.

2. The investment of new construction, repair, construction of architecture, engineering infrastructure, social infrastructure and housing in accordance with the planned construction of construction details and regulations of construction legislation.

What? 46. Introduced the site of the construction site

1. The construction planning agency is responsible for introducing the building investment venue for the investment owners when required.

2. The venue introduced for construction investment must be consistent with construction planning, scale, investment properties, building land area savings; no impact on the economic development-social and environmental development of the region, the specialty function and the area of the region. Rural areas.

What? 47. Build a Build Plan

1. The building planning license is the text issued by the state agency with the authority to grant the investment of the investment project in the specific function as a detailed planning base or project when there is no partition planning, construction of construction details. approved.

2. The licensing of the construction of the construction of the building must be based on the requirements of management, development control of the particular functional zone, the technical standard of construction planning, the regulatory regulation under the joint planning of building the special function.

3. Content-building permits content of the scope, scale of the planning area, the only use of land-building planning land, land-based mining requirements, architectural space organizations, technical infrastructure, social infrastructure on the ground, below the level of the building. the ground, the protection of the landscape, the environment for the project area, the statute of limitations of the construction planning permit.

4. The authority to grant the construction of the construction planning is as follows:

a) The Provincial People ' s Committee granted the construction of the construction planning project for the construction investment project in the national level of intensive rehabilitation;

b) The District People's Committee grants planning permission for construction projects that do not belong in the specified case at this point.

5. Organization, individuals are granted a planning license to build a fee in accordance with the provisions of the law on fees and fees.

6. The government regulates the content details, the order to license the construction plan.

What? 48. The management organization performs construction planning.

1. The Provincial People ' s Committee is responsible for directing the construction of the program, which plans to implement the planning of urban development, rural, and colonial-owned special functions under the approved construction plan.

2. The Construction Department is responsible for directing, coordinating the management of the planning area of the interprovince:

a) Define a program category, plan implementation plan, investment priority project building engineering infrastructure, infrastructure infrastructure;

b) Draw, coordinate capital investment development of engineering infrastructure systems, regional social infrastructure;

c) Ret control, adjustment and examination, inspector of the implementation of the planning area of the federation;

d) The Chair in coordination with the Chair of the Provincial People's Committee is periodically relevant to report the Prime Minister's implementation of the implementation of the planning process by the process of implementation of the planning phase.

3. The plan implementation plan must determine the time implementation of the planning implementation to each specific area on the basis in accordance with the planning of construction planning and the implementation of the construction planning.

CHAPTER III
CONSTRUCTION PROJECT INVESTMENT PROJECT

Item 1

GENERAL REGULATION

What? 49. Classification of Building Investment Projects

1. The construction investment project is classified according to the scale, properties, type of construction work and capital used.

2. The construction investment project is classified according to scale, properties, the type of construction work of the project including the national key project, Group A project, Group B project, Group C project under the regulatory criteria of law on public investment.

3. The construction investment project consists of one or more constructs with the type, different building levels.

What? 50. Build yourself

1. The self-employed investment sequence has 3 stages of project preparation, implementation of the project and the construction end of the project's construction on the extraction of use, except for the individual housing construction case.

2. National important project, group A project consisting of multiple component projects in which each component project is able to operate independently, exploit the use or be given an investment to implement, the component project is implemented as an independent project. The division of the component project or the investment segment must be specified in the investment decision content.

3. The specific condition base of the project, who decides to invest in the decision to make the order of the week or merge, intersects the work during the project execution phase and ends up building the work into the use mining.

What? 51. Required for the construction investment project

The construction investment project does not distinguish the types of capital used to meet the following requirements:

1. In accordance with the overall planning of economic development-society, industry development planning, construction planning, planning and land use plan where the investment project is built.

2. There is a technological method and the right building design method.

3. Quality assurance, safety in construction, operation, exploitation, use of construction, prevention, fire, and environmental protection, and response to climate change.

4. Make sure enough capital is correct the progress of the project, financial efficiency, economic efficiency-the society of the project.

5. Compliance of the other regulation of the relevant law.

Item 2

SET, PROJECT APPRAISAL AND DECISION-BUILDING INVESTMENT

What? 52. Build a construction investment project

1. When the investment builds, the owner of the investment must first report a construction feasibility study, minus the specified case at paragraph 3 and paragraph 4 This. The Research Report content feasibility study should be consistent with the requirements of each type of project. The establishment of the Research Report feasibility studies must follow the provisions of this Law and other provisions of the relevant law.

2. For the national key project, the Group A project, prior to the creation of the Constructive Investment Feasibility Study, the investment holder must establish a pre-construction predecessor Research Report. Other projects in the case need to be able to report a pre-planned investment research report due to the decision-making investment decision.

3. The construction investment project needs only the Economic Report-the investment technique built in the following cases:

a) The building used for religious purposes;

b) Small scale construction and other work by the Government.

4. When building an individual housing, the owner of the investment does not have to establish a project or the Economic Report-the engineering investment technique.

What? 53. Content Report Content Research Report

1. The need for investment and the conditions to make the construction investment.

2. Target planned, scale, location and form of construction investment.

3. Demand for land use and resources.

4. The preliminary design method of construction, theory, technology, engineering and the right equipment.

5. Expected the project time.

6. Preliminary total investment, capital of capital mobiles; capacity of return, capital debt repayment (if available); determine the preliminary economic-economic efficiency and assessment of the impact of the project.

What? 54. Content Report Content Research Report

1. The base design is set up to achieve the objective of the project, in accordance with the project construction project, which guarantees the synchrony of the works when put into exploitation, use. The basic design includes the theory and the drawings that show the following content:

a) The location of construction, the direction of the building, catalogue and scale, type, level of construction of the total face by construction;

b) The technological, technical, and equipment method is selected (if any);

c) The solution of the architecture, the face, the cutting face, the construction face, the dimensions, the main texture of the construction work;

d) The solution to the construction, materials primarily used, estimated the cost of construction for each building;

The plan to connect technical infrastructure in and out of work, prevention, fire, explosions;

e) The standard, technical regulation is applied and the survey results build to establish the basis of the facility.

2. The other content of the Construction Report Feasibility Study includes:

a) The necessity and advocated of investment, the goal of building investment, construction site and land use area, capacity scale and construction investment form;

b) The ability to secure elements to implement the project as resource use, device technology option, use of labor, engineering infrastructure, product consumption, requirements in use of use, implementation time, construction of construction by building, resettlement (if available), the solution organization management implementation of the project, operation, use of the work and protection of the environment;

c) The impact of the impact of the project involves the recovery of land, release of the facet, resettlement; landscape protection, ecological environment, safety in construction, room, fire, explosions, and other necessary content;

d) The total investment and raising of capital, financial analysis, risk, mining costs use of the work, assessment of the economic efficiency-the society of the project; coordination of coordination mechanisms, preferable policy, project implementation support;

Other events are relevant.

What? 55. Content Economic Report-Construction Investment Engineering

1. Design rendering design, technology design (if available) and construction work.

2. Other content of the Economic Report-Constructive Investment Technique includes the theory of investment necessity, construction goals, construction site, land use area, scale, capacity, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, construction, Environment-building and environmental protection, job layout, construction time, construction efficiency, construction efficiency.

What? 56. Head of Building Investment Project

1. The construction investment project must be determined before the investment decision.

2. The construction of the construction project appraisal project:

a) The project appraisal of the investment owner;

b) Research on the feasibility of building investment or economic reporting-construction of investment techniques;

c) The documents, the text are relevant.

3. Content appraisal by regulation at Article 58 of this Law.

What? 57. The authority to judge the investment project

1. For the national key project, the State Council of Appraisal Council established by the Prime Minister is responsible for the appraisal of the Viable Investment Research Report, the Investment Research Report.

2. For the state budget capital use project, the specialized agency on the allocation is responsible for presiding over the organization of the regulatory content at Article 58 of this Law.

3. For the project to use foreign capital capital, the authority to judge the construction investment project is stipulated as follows:

a) The specialized body of building on the allocation of the presiding authority design regulation at points a, b, d, e, e and g paragraph 2 Article 58 of this Law;

b) The Professional Subordination Authority of the decision to invest the appraisal of the technology design (if any), other content of the Research Report's feasibility study.

4. For the other capital use project, the authority to judge the construction investment project is stipulated as follows:

a) The specialized body of construction on the basis of the appraisal design of the construction investment project on special-level work, level I, public works, public works that have a major impact on the landscape, environment and safety of the community. The specialized agency of the person who decides to invest the organization for the organization of technology design appraisal (if any), other content of the Viable Investment Research Report;

b) The project to use other capital does not belong to the specified case at this point of paragraph due to the self-appointed investment decision by the self-organization;

c) The project implemented in the form of project contract forms, the public partnership contract with the state's capital contribution provided by the specialized agency on the basis of the presiding appraisal of the project's design. The state agency has jurisdiction under the rule of law on the investment of appraisal of other content in the Construction Research Feasibility Study report.

5. For the construction investment project which only needs the Economic Report-the construction investment technique then the authority to judge the construction investment project is stipulated as follows:

a) The case of use of state budget capital, the specialized body of construction, is responsible for presiding over the organization of the organization of the contents of the Economic Report.

b) The case for use of foreign capital funds is the specialized agency for the allocation under the allocation responsible for presiding over the design of the construction of construction construction and construction work. The specialized agency of the person who decides to invest in the investment appraisal section of the technology design (if any), other content of the Economic Report-the engineering investment technique;

c) The other case of capital use is that the person who decides to invest, the self-organizing organization self-organizing the design of the design drawings, the construction bill, except the special level works, the Grade I and the building have a huge impact on the landscape, environment and safety of the community. Yes, yes, and self-responsibility for the appraisal.

6. The construction investment project requires room, fire, explosions, environmental protection, defense assurance, security must be questioned by the state authority.

7. The specialist body for construction, who decides to invest invited to the organization, personally with expertise, experience participation in the project appraisal or requiring the owner of the organization to choose the organization, the individual has sufficient capacity to operate construction, capacity building capacity. building has been registered on an electronic information page on the capacity to operate under the provisions of this Law to investigate the project as the basis for the appraisal, approval of the project. The cost of the appraisal, project appraisal charges and base design is calculated in the total investment level of the project.

8. The appraisal authority is responsible for aggreging the results of the appraisal of the competent person project that decides to invest the review, the decision.

9. The organization, the individual involved in the appraisal, the project judge is responsible before the law on the outcome of the appraisal, his interrogation. The organization, the individual who set up the project, was not allowed to take part in the appraisal of the project.

What? 58. Content appraisal project building

1. The construction of the construction investment project includes the design appraisal of the facility and other content of the Construction Investment Research Report.

2. Content design appraisal:

a) The suitcases of the base design with the construction of construction details; the total surface is approved or with the selected route route method for the line-up construction;

b) The suitability of the base design with the location of the construction site, the ability to connect with the technical infrastructure of the region;

c) The suitability of the technological method, the technology chain is selected for the required work on technological design;

d) The suitcases of design solutions for building safety, environmental protection, prevention, fire, explosions;

) The compliance of standards, technical standards in design;

e) The construction of the organization's construction capacity, the personal capacity of the individual to design the design;

g) The suitcases of the organizational solution perform the project by phase, the work category with the requirements of the base design.

3. The other content of the Constructive Investment Feasibility Study report is:

a) Assessment of the need for construction of the construction of investment, the ability to meet increased demand for scale, capacity, harness capacity to meet economic-social development requirements, defense assurance, security, and security. period;

b) The factor assessment of the feasibility of ensuring the feasibility of the project includes industry development planning, construction planning; the ability to meet land use, construction by building; the need for resource use (if any), the assurance of input factors. and meet the outputs of the project product; the organizational solution; the management experience of the investment; environmental protection solutions; prevention, fire, explosions; defense, security, and other factors;

c) The factor of ensuring the effectiveness of ensuring the efficiency of the project includes the total investment, the progress of the project; the cost of mining; the ability to mobilize capital under progress, risk analysis, financial efficiency, and economic efficiency-the society of the project.

4. For the project only to create an Economic Report-the engineering investment technique stipulated at paragraph 3 Article 52 of this Law, the appraisal content includes:

a) Evaluation of the need for investment, scale; time of execution; total investment, economic efficiency, and social;

b) Consider the feasibility of ensuring the feasibility of land use, the ability to release the surface; the factors that affect the work such as defense, security, the environment, and other regulations of the law are relevant;

c) The rationalization of construction design solutions; applicable standards of adoption, technical regulation, the regulation of law on the use of building materials for the work; the rationalization of the selection of the chain and the technology equipment to the building. design of the required construction of technology; regulatory compliance on environmental protection, prevention, fire, and fire;

d) Evaluation of the suitability of work design solutions with the use capacity of the work, the level of work safety and the safety assurance of the neighboring work;

Assessment of the suitcase of the principal mass of the estimate with the volume of design; the validity, the rationing of the application, the standard operation, the construction price unit; determine the value of the work;

e) The operational capacity of the organization, the individual carrying out the survey, construction design, economic reporting-building engineering.

What? 59. Time appraisal of construction investment project

The time of the project appraisal is calculated from the date of the agency, the organization that the appraisal receives enough valid records, namely the following:

1. The duration of the project appraisal is not more than 90 days for the national important project;

2. The duration of the project appraisal is no more than 40 days for the Group A project;

3. Time appraisal of the project no more than 30 days for group B project;

4. The duration of the project appraisal is no more than 20 days for the Group C project and the project only needs to establish Economic Report-Construction Investment Engineering;

5. The case needs to renew the time of the appraisal then the agency, the organization that the appraisal must report on the review, determines the extension; the extension time is not too time the corresponding appraisal period is specified at the 1, 2, 3, and 4 terms.

What? 60. The authority decides to invest in construction.

1. For the project to use state budget capital, national public capital, government bond capital, local government bond capital, official development assistance, foreign donor equity, capital development credit for home development, government funding, and foreign capital. Water, capital investment from the source left to the investment but not yet put into the balance of the state budget, other loans of local budgets to invest, the authority to determine the investment of construction is made by the law of public investment law.

2. For the project to use credit capital credit provided by the Government, the borrower is secured by state assets, the development capital of the state-owned enterprise, which is from the fund to develop a career, the rights to the use of the country ' s land, organization, business. The state of the state that contributes to the investment of construction, the authority to determine the investment of the building is regulated as follows:

a) The Prime Minister decides to invest the national key project;

b) The representative has the authority of the agency, the organization, the statutory business of the law that decides to invest the project.

3. For the other capital use project, the owner or representative owner decides to invest the project within the jurisdiction under the rule of law.

What? 61. The construction of construction investment project

1. The cases that are adjusted to the construction investment project using state capital include:

a) Due to the effect of natural disasters, environmental incidents, hostility, fire and other insolability factors;

b) Appends the higher efficiency factor for the project when it has been demonstrated by the investor to demonstrate financial, economic-social efficiency due to the adjustment of the project to the project;

c) When the change-building planning has a direct effect on the project;

d) When the construction price index was built by the Ministry of Construction, the Provincial People's Committee announced in the implementation of the project greater than the construction price index used to calculate the sliding room in total of the approved project investment.

2. The adjustment of the project uses state capital due to the decision of the decision to invest.

3. The adjustment of the project to use other capital was decided by the decision-making decision on the basis of ensuring the requirements for planning, safety, environmental protection, prevention, fire, fire, defense, security, and security were granted by the state authority.

4. The case that regulates the project that changes the target, scale, site of construction, must be approved by the state authority to have jurisdiction.

5. The adjustment of the construction investment project must be determined, approved.

6. The government regulates the details of the establishment, appraisal, approval, modification of the construction investment project.

Section 3

MANAGE CONSTRUCTION PROJECT INVESTMENT PROJECT

What? 62. The organizational form of construction project management investment project

Scale bases, properties, capital resources and project execution conditions, the decision to invest the decision to apply one of the following forms of project management organization:

1. Board of Professional Construction Investment Projects, the Board of Investment Management Project to build the application area to the project using state budget capital, the project according to industry using foreign capital funds from the economic conglomerate's budget, the state corporation.

2. The investment project management Board builds a project applicable to the project using a group A-scale state capital to a special-level building; there is a high technology application that is validated by the Minister of Science and Technology; the project on defence, security, and security. State secret.

3. Rent a project management advisory on the project using foreign capital capital, which is different and the project has a feature, single.

4. The investment owner using a specialized set of expertise has sufficient capacity to manage the implementation of the renovation project, small scale repair, the project that has the participation of the community. .

5. Board of Project Management, regulatory project management of the provisions of 1, 2 and 3 This must have sufficient capacity conditions under regulation at Article 152 of this Law.

6. The government provides details on the model, organization, and operation of the investment project management projects.

What? 63. Board of Professional Construction Investment Projects, Board of Investment Projects Management Board of Investment Management

1. The minister, peer-to-peer agency, Chairman of the Provincial People 's Committee, Chairman of the District People' s Committee, the competent representative of the state enterprise decided to establish the Professional Construction Investment Project Management Board, the Board of Reserve Management. The investment building blocks the area to manage a number of projects belonging to the same industry, the work line, or on the same site.

2. Board of Professional Construction Investment Projects, the Regional Construction Investment Project Management Board is assigned to the investment of a number of projects and implementation functions, project management duties, participation in project management consulting when needed.

3. The professional construction investment project management Board, the Investment Project Management Board that builds the responsible area of the following:

a) exercise the right and obligations of the prescribed holder in accordance with the provisions of Article 68 of this Law, directly governing on the projects created by the decision-making and exercise of the right, the prescribed obligation at Article 69 of the Law;

b) The work desk for the agency, the operation management unit, exploit the use; the case required by the person to determine the investment of the transaction, exploit the operation, exploit the use of the work.

4. The professional construction project management Board, the Regional Construction Investment Project Management Board is implemented project management consulting on another project when required and implemented the right, obligations under regulation at Article 70 of this Law.

What? 64. Board of construction project management a project

1. Chairman of the founding Board of Investment Projects Building a project to directly manage the implementation of a project applied to the project stipulated at paragraph 2 Article 62 of this Law.

2. The Investment Project Management Board builds a project with a seal, account, mission execution, the authority to follow the authorized owner's mandate. The organizational structure of the Project Management Board consists of the Director, Deputy Director and professional cadres, a career depending on the requirements, properties of the project. A member of the Project Management Board works in a specialized mode or/or a decision on the decision of the investment owner.

What? 65. Hire Investment Management Advisory Management

1. The head of the contract contracting the project management consulting with the organization, the individual has sufficient capacity to operate under the provisions of this Law to implement one, some or the entire project management work.

2. The investment owner is responsible for overseeing the project management consulting work and is authorized for the task of carrying out the project management task under the project management contract.

What? 66. Content Management Content Management Content Manager

1. Content management project management portfolio includes management of the scope, work plan; workload; construction quality; progress; construction costs; safety in construction construction; environmental protection in construction; home selection Procurement and contract construction; risk management; management of works information systems and other necessary content implemented by the regulation of this Law and other provisions of the relevant legislation.

2. The investment owner is responsible for implementing or delivering the project management, project management consulting, a general bid (if any) perform a partial or all of the project management content in paragraph 1 Article.

What? 67. progress management implementation of the construction investment project

1. The person who decides to invest the time decision, progress made when approving the project. For the work of the state budget capital project, construction of construction is not beyond the time of construction construction was approved by the decision.

2. Chairman, contractor construction contractor construction plan progress, construction and management implementation measures project under construction of the approved construction project.

3. The investment owner is responsible for the advance, the volume payment completed by the progress of the construction contract implementation.

4. Recommend the investment holder, the proposed construction contractor and the application of streamline engineering, technology and management solutions to shorn the construction time.

Section 4

THE RIGHTS AND OBLIGATIONS OF THE INVESTMENT OWNER, THE CONSTRUCTION PROJECT MANAGEMENT PROJECT, THE CONSULTING CONTRACTOR AND THE INVESTMENT DECISION-MAKING.

What? 68. Rights and obligations of the investment holder in the establishment and management of the construction investment project

1. Investment owners have the following rights:

a) Set, manage the project when there is sufficient capacity in accordance with the rules of this Law;

b) The agency has the relevant agency, the relevant organization, the documentation, the documentation, the project management;

c) Option, signing a contract with the consulting contractor to establish, manage the project;

d) The organization, project management; the decision to establish, dissolved the Investment Project Management Board to build a project by jurisdiction;

Other rights under the rule of law.

2. The investment owner has the following obligations:

a) Define the requirements, content of the project of the project; provide information, documents needed in the event of a project-planning, project, and the development of the project's project, and the storage of the project's investment project;

b) The selection of the project stance organization has sufficient capacity to follow the provisions of this Law;

c) Responsible for the legal basis, the accuracy of the information, the document is provided to the advisory upon the project; the project with the authority with the authority to approve by the rule of law;

d) The choice of organization, individual counselor with sufficient capacity, experience to examine the project at the request of the agency, the organization appraisal of the project and of the decision of the decision to invest;

The organization of the management of the project under regulation at Article 66 of this Law;

e) Check, monitor the implementation of the project; periodically reporting the implementation of the project with the person who decides to invest, the state governing body has jurisdiction;

g) Capital recovery, capital debt repayment to the project that requires capital recovery, return on loan debt;

h) Other obligations under the rule of law.

What? 69. Rights and obligations of the construction project management investment project

1. The construction project management project has the following rights:

a) Practice the right to manage the project under the sovereignty of the investment holder;

b) Proposition of the project, solution management organization, petition with the owner of the problem solving the problem beyond jurisdiction;

c) Rent a consulting organization to participate in the project management in the case of necessity after being invested by the decision-holder, the investment holder.

2. The construction project management project has the following obligations:

a) The implementation of the obligation of the investment holder on project management within the authorized range;

b) The organization management project investment project ensures requirements for progress, quality, cost, safety and protection of the environment in construction;

c) The work report with the investment holder in the project management process;

d) to be responsible for the violation of the law in the management of the project execution;

Other obligations under the rule of law.

What? 70. Rights and obligations of the legislative contractor project, construction of construction project investment project

1. The investment contractor, which manages the construction investment project with the following rights:

a) Request for the owner to provide information, documents related to the task of consultation delivered;

b) Protection of intellectual property rights to its advisory product by the rule of law;

c) Reaction to implement the law of the investment owner;

d) Other rights under the regulation of the contract and the regulation of the relevant law.

2. The legislative contractor, which manages the construction investment project with the following obligations:

a) The implementation of the obligation in accordance with the contract content has been signed in accordance with the regulatory capacity conditions under the rule of law;

b) The responsibility for the quality of work under contract has been signed;

c) The reparation compensation for the use of information, documentation, standards, technical regulation, technical solutions, unsuitable management organization and breach of contract damages the investment holder;

d) Other obligations under the regulation of the contract and of the relevant legislation.

What? 71. The right, the responsibility of the agency, the organization appraisal investment project

1. The agency, the organization that judges the construction investment project has the following rights:

a) Ask for the relevant investment, organization, and individual to provide information that serves the project appraisal and program in the case of need;

b) The cost of the project appraisal in accordance with the law of fees and fees;

c) Ask the employer to hire the consulting organization or invite professional competent consultants to participate in the project appraisal when necessary;

d) Defending the appraisal opinion, refusing to implement the request to mislead the project appraisal results.

2. The agency, the organization that departs the construction investment project with the following responsibilities:

a) The content of the content of the investment project under the provisions of this Law;

b) The opinion, the results of the appraisal of the agency, the organization presiding over the project to sum up, to report to the decision of the decision to invest;

c) accountable to the law and the person who decides to invest in the opinion, the outcome appraisal of his project.

What? 72. Rights and responsibility of the decision to invest construction

1. The person who decides to invest construction has the following rights:

a) Appropriation or authorization to approve the project, design, construction project, and investment capital decision;

b) Do not approve the project when it does not meet the investment and project efficiency objectives;

c) The suspension implementation of the construction investment project has been approved or is implementing the implementation when it is needed in accordance with the rule of law;

d) Change, which regulates the construction investment project when it is necessary to conform to regulation at Article 61 of this Law;

Other rights under the rule of law.

2. The person who decides to invest construction has the following responsibilities:

a) The organization of the project appraisal and decision-making investment;

b) Asking the capital to implement the construction investment project;

c) Check out the implementation of the investment investment project of the investment holder; the monitoring organization, the evaluation of the construction investment project under the regulation at Article 8 of this Law;

d) Appropriation of completed construction capital decision;

He is responsible for the law of his decision.

e) Other obligations under the rule of law.

CHAPTER IV

CONSTRUCTION SURVEY AND CONSTRUCTION DESIGN

Item 1

CONSTRUCTION SURVEY

What? 73. Build survey type

1. The terrain survey.

2. Survey geology.

3. hydrological geological survey.

4. Survey status surveys.

5. Other survey work serves as a decision-building investment activity determined by the decision.

What? 74. Required for construction survey

1. Survey missions, construction engineering methods must be established in accordance with the type, construction of construction, type of survey, design step, and requirements of construction design.

2. The construction survey engineering method must meet the requirements of the standard construction and compliance survey mission, the technical standard of applied construction surveys.

3. The construction survey must comply with the method of construction survey engineering, safety assurance, environmental protection, the requirements of the approved construction survey mission and inspection, supervision, and regulatory acceptance.

4. The construction survey results must be established as a report, ensuring honesty, objectiation, proper reflection and must be approved.

5. The construction contractor has to be able to qualify for the right type, the construction process, the type of survey.

What? 75. The primary content of the report results survey results.

1. Base, process, and survey method.

2. Survey figures; analysis, evaluation of survey results.

3. The conclusion of the survey results, the petition.

What? 76. Rights and obligations of the investment holder in the construction survey

1. Investment owners have the following rights:

a) execute the construction survey when there is sufficient capacity;

b) Negotiations, signing of a construction survey contract; monitoring, asking for a survey contractor to build on the right contracting contract;

c) Appropriing the mission of construction, the survey of the survey engineering by design consulting or by the survey contractor and the survey of the survey for the construction contractor;

d) The survey of the construction mission under the reasonable requirements of the construction design consulting;

The suspension or termination of the construction contract by law;

e) Other rights under the rule of law.

2. The investment owner has the following obligations:

a) The selection of the construction survey contractor, the monitoring of construction surveys in the event of not self-implementation of the construction survey, construction survey monitoring;

b) Provide the survey contractor for the construction of information, documents related to the survey work;

c) Define the requirements for the construction survey and to ensure the conditions for the survey contractor to construct the work;

d) The correct implementation of the signed construction survey;

The organization oversees the construction of the survey; the experiment, approving the survey results by law;

e) Compensation Damages when providing information, inappropriate documents, breach of construction contract violations;

g) Other obligations under the regulation of the contract and of the relevant legislation.

What? 77. The rights and obligations of the survey contractor

1. The construction survey contractor has the following rights:

a) Request for the investment owner and stakeholders to provide the metrics, the relevant information under the regulation of the contract to carry out the construction survey;

b) refused to perform a request from the construction contract;

c) Rent a subcontractor implementation of the construction survey under the regulation of the construction survey contract;

d) Other rights under the regulation of the contract and of the relevant legislation.

2. The construction survey contractor has the following obligations:

a) The correct implementation of the survey request by the regulation of this Law and the construction of the construction survey;

b) Proposal, the addition of a construction survey mission when the detection of the element directly affects the design solution;

c) is responsible for the results of the construction survey and the quality of the survey conducted; it is responsible for the management of the survey quality of the subcontractor (if any) and the survey results of the subcontractor. The subcontractor when participating in the construction survey is responsible for the survey results before the main contractor and before the law;

d) Compensated Compensation for the implementation of the survey mission, using information, documentation, standards, technical regulation of unsuitable building survey and breach of construction contract;

) Other obligations under the regulation of the contract and of the relevant legislation.

Item 2

BUILD DESIGN

What? 78. General regulation of construction design

1. Build design includes a preliminary design in the Feasibility Research Report, the basis design in the feasibility study Report, engineering design, design of construction drawings in the project execution phase and other design steps (if any) in accordance with the design of the project. International.

2. Build design is done in one or more steps depending on the scale, properties, type and level of construction work. The person decides to invest the number of design steps when approving the construction investment project.

3. The construction design is done in a single step or as many steps as follows:

a) Design a step is the design of the execs;

b) The two-step design includes the base design and the drawing design design;

c) The three-step design consists of the basis design, engineering design and construction of construction drawings;

d) Design in other steps (if any).

4. The design profile after the basic design of design theory, design drawing, related construction survey document, construction project and technical guidance (if available).

5. The government regulates the construction of construction, appraisal, construction design.

What? 79. Required for construction design

1. Meet the requirements of the design mission; in accordance with the planned construction project content, construction planning, architectural landscape, natural, cultural-social conditions in the construction area.

2. The construction design content must meet the requirements of each design step.

3. Compliance of applicable standards, technical regulation, regulation of law on the use of building materials, response to the requirement for use, technology applicable (if applicable); safety assurance of force, safety in use, cosmetics, environmental protection, application, and environmental protection. With climate change, room, fire, fire and other safety conditions.

4. Has a proper design solution and reasonable construction costs; synchrony guarantees in each of the work and with related works; ensuring conditions of accommodation, sanitation, health for users; facilitalization of people with disabilities, seniors, and others. Children use the work. Exploit the advantage and limit the adverse effects of natural conditions; preferable use of the use of materials in place, eco-friendly materials.

5. Construction design must be appointed, approved under the provisions of this Law, except for the specified case at paragraph 7 This.

6. Construction design contractor must have sufficient capacity to fit the type, level of work and work done by itself.

7. The individual housing construction design is regulated as follows:

a) The individual housing construction design must meet the specified design requirement at paragraph 3 This;

b) The household ' s self-designed home has a total construction floor area of more than 250 m. ² or less than three floors or less than 12 meters in height, in accordance with the planned construction planning and the responsibility of the quality of the design, the impact of the construction work on the environment and the safety of neighboring structures.

What? 80. The main content of the deployment design deployment after facility design.

1. Architecture.

2. Industrial Variation (if available).

3. Use capacity.

4. The shelf life and operation process, maintenance of the work.

5. The texture method, the primary material type.

6. Technical guidance.

7. Defense, fire, fire.

8. The method of using energy savings, efficiency.

9. The environmental protection solution, the response to climate change.

10. Construction of construction is consistent with the construction design step.

What? 81. Draft, selection of building architecture design

1. Big-scale public works, requiring special architectural architecture to host a selection of construction or construction design design prior to the creation of the Construction Investment Research Report. The decision of the decision to invest in the construction or selection of construction works.

2. Draft cost, selection of building architecture design is calculated in the total investment level of the project.

3. The author of the construction of the building structure upon winning or selected by the protection of the author's protection, is chosen to be selected for the construction of construction and construction investment project when sufficient capacity is specified.

4. The government specifies the details of the entrance examination, the selection of building architecture design.

What? 82. Court of appraisal, technical design approval, construction of construction for construction and construction work.

1. For the construction construction use of state budget capital is regulated as follows:

a) The specialized body of construction by hierarchy of technical design appraisal, construction work in the case of three-step design; construction of construction drawings, construction work in the case of two-step design;

b) The decision to invest approval of technical design, construction of construction in the case of three-step design; approval of the design drawing design, construction project in the case of two-step design. The owner approved the design drawing design in the case of three-step design.

2. For the construction work using state capital foreign capital is regulated as follows:

a) The specialized body of construction on the basis of the allocation of the design of engineering design, construction of construction in the case of three-step design; design rendering design, construction project in case of two-step design. The other technology and content design section (if available) is determined by the professional body of the person who decides to invest it;

b) The decision to invest approval of the technical design, construction of construction in the three-step design case, the owner of the approval of the design drawing design. For the two-step design case, the owner approx the design drawing design, the construction project.

3. For other capital use construction work that is specified as follows:

a) The specialized body of construction on the basis of the allocation of engineering design appraisal in the case of a three-step design case, the design of the drawing blueprint in the case of two-step design for special-level construction work, grade I, public works, public works. building has a major impact on the landscape, environment, and safety of the community. The part of the technology design (if available), the construction project by the professional body of the person decides to invest the appraisal;

b) The professional expertise of the decision to invest the appraisal of engineering design, design of construction drawings and construction accounting for the remaining construction works;

c) The person who decides to invest, the investment approx design, the construction bill.

4. The specialized body of construction, who decides to invest invited to the organization, personally, has expertise, experience involved in the design of building design or requiring the owner to choose the organization, the individual consulting the operational capacity, the ability to act. The profession was registered on the electronic information site on the capacity to be built to investigate the design, construction of construction facilities for the appraisal, design approval, construction project. The cost of the appraisal, the design appraisal fee, the construction bill is calculated in the total investment level of the project.

5. The state agency has jurisdiction under the rule of law that is responsible for the jurisdiction of the environment, room, fire, and other content under the rule of law when the design appraisal.

6. Agency, organization, individual of the appraisal, appraisal, design approval, construction project responsible to the law on the results of the appraisal, appraisal, design approval, construction of construction due to its execution.

What? 83. The content design appraisal design follows the base design and construction project.

1. The suitcase of the design of the next step build compared to the previous step construction design:

a) Technical design compared to facility design;

b) Design rendering design versus technical design in the case of a three-step design, compared to the base design in the case of a two-step design case or compared to the design task in the case of a one-step design.

2. The rationalization of construction design solutions.

3. The compliance of applicable standards, technical regulation, the rule of law on the use of building materials for the work.

4. Evaluation of the suitability of work design solutions with the use of the work of the work, the level of process safety and the safety assurance of the neighboring work.

5. The rationing of the selection of the chain and the technology device for the work design has a requirement for technology.

6. compliance with environmental protection regulations, prevention, fire.

7. The consistent mass of the weight of the problem with the volume of design; the validity, the rationing of the application, the level of operation, the building price unit; determine the value of the work.

8. The organizational capacity of the organization, the individual carrying out the survey, the construction design.

What? 84. adjust construction design

1. The construction design that has been approved is only modified in the following circumstances:

a) When the construction of the construction investment project is required to adjust the construction design;

b) In the process of construction construction required to adjust the construction design to ensure the work quality and efficiency of the project.

2. When the design adjustment is specified in paragraph 1 Article which changes in the geologic geology, the design payload, the structural solution, the material of the force structure, the organizational solution affecting the capacity of the building. then regulation of construction design must be defined and approved by regulation at Article 82 of this Law.

What? 85. Rights and obligations of the investor in the design of construction

1. Investment owners have the following rights:

a) Self-implementation of construction design when there is sufficient operational capacity, the ability to practice in accordance with the type, level of construction work;

b) Negotiate, sign the construction design contract; monitor and ask the contractor to design the right contract for the signed contract;

c) Requis the design contractor to build the amendment, add design or other design contractor to make modifications, additions, design changes in case the initial design contractor refused to do this work;

d) The suspension of the implementation or termination of the construction design contract by the regulation of the contract and regulation of the law is relevant;

charge) Other rights under the regulation of the contract and the regulation of the law are relevant.

2. The investment owner has the following obligations:

a) The selection of the design contractor built in the event does not self-implement construction design;

b) Define the task design task;

c) Provide full information, documentation for the construction designer;

d) The correct implementation of the signed construction design contract;

The appraisal, design approval, construction project, and the planning of design appraisal, construction work;

e) Store build design records;

g) compensation damages in violation of construction design contracts;

h) Other obligations under the regulation of the building design contract and the regulation of the relevant legislation.

What? 86. Rights and obligations of the contractor design construction designer

1. The construction designer has the following rights:

a) Request for the investment owner and stakeholders to provide information, documentation for the construction design work;

b) The refusal to carry out requests in addition to the construction design mission and beyond the construction design contract;

c) Copyright for construction design;

d) Hiring a subcontractor to implement construction design under the provisions of the construction design contract;

charge) Other rights under the provisions of the building design contract and the regulation of the relevant legislation.

2. The construction designer has the following obligations:

a) Only the construction of the construction design is consistent with the operational capacity conditions, the capacity to practice construction design;

b) Compliance of applicable standards, technical regulation for the work; construction design records meet the requirements of the design task, the design step, the regulation of the building design contract and the regulation of the relevant law;

c) is responsible for the quality of the design product due to its inclusion including the specified content at Article 79 and Article 80 of this Law; being responsible for the quality of the design of the subcontractor (if any). The subcontractor when participating in the construction design is responsible for the design results before the main contractor and before the law;

d) Monitoring the construction design author during construction construction;

The manufacturer is not designated as a manufacturer of materials, supplies, and equipment in the building design content of the building of state capital;

e) Compensated Compensation for the task of surveing, using information, materials, standards, construction regulations, technical solutions, unsuitable technology that affects the quality of the building and breach of construction design contracts;

g) Other obligations under the regulation of the construction design contract and the regulation of the relevant legislation.

What? 87. Rights, the responsibility of the agency, the design appraisal organization, construction project

1. The agency, the design appraisal organization, the construction bill has the following rights:

a) Request for the owner of the investment, organization, individual to provide information that provides the design of the design appraisal, construction and process work in the case required;

b) The design of the design appraisal, construction bill by the rule of law on fees and fees;

c) Invited to join the appraisal or request that the owner of the choice of the consulting organization has sufficient experience to examine the design, the construction project as the basis of the appraisal when necessary;

d) Defending the appraisal opinion, refusing to ask for misleading results of the design appraisal, construction project.

2. The agency, the design appraisal organization, is responsible for the following accountability:

a) The content of the design of the design, the planned construction by the rules of this Law;

b), the opinion, the results of the appraisal of the agency, the organization presiding over the decision to sum up, to report the decision of the decision to invest;

c) accountable to the law and the person who decides to invest in the opinion, the design appraisal, the construction project.

What? 88. Build Building Profile Profile

1. The investment owner is responsible for the filing of the completion of the construction work. The contractor engaged in the construction operation responsible for storing the work records performed by itself.

2. The case serves the management, using the manager's construction work, which uses the storage work for a minimum period by the use of the procedure by the rule of law.

3. The establishment, storage of the construction work profile is carried out in accordance with the provisions of the law on storage.

4. The government regulates the details of the construction of the construction site.

CHAPTER V.

CONSTRUCTION PERMIT

What? 89. Subject and types of construction permits

1. Before the construction of the construction site, the owner of the capital must have a construction permit issued by the state authority under the provisions of the Law, except for the specified case at paragraph 2 This.

2. The construction is exempt from the construction permit:

a) State secret works, construction on emergency orders and construction on the site of two provincial administrative divisions;

b) The work of the construction investment project was established by the Prime Minister, the Minister, the Prime Minister, the Chairman of the People's Committee, the investment decision-making.

c) The construction of the temporary construction construction project;

d) The construction of the urban route but in accordance with the planning planning has been approved by the state agency or has been approved by the state authority over the course of the work route;

Construction of the industrial zone project, construction site, high-tech sector with a detailed plan of 1/500 was approved by the state agency and was designed to be built under the provisions of this law;

e) Housing in the urban development project, the housing development project has a scale under seven floors and a total floor area of less than 500 m. ² has a detailed plan of 1/500 that has been approved by the state agency;

g) The repair work, renovation, installation of equipment inside the work does not alter the capacity of the force, does not alter the use of the capacity, does not affect the environment, the work safety;

h) The repair work, renovation that changes the external architecture not adjacent to the road in the municipality has a requirement for architectural management;

i) The engineering infrastructure in the countryside only requires economic reporting-construction of investment engineering and in the unplanned area of the planned rural population point of construction;

n) The rural construction site in the region has yet to have a planned urban development and construction of the planned construction; the individual housing in the countryside, except for the individual housing construction in the reserve, the historic site-cultural heritage site;

l) The owner of the construction site is exempt from the prescribed construction at b, d, and this paragraph is responsible for announcing the timing of the construction launch with the construction design profile to the local construction agency to follow. All right, let's go.

3. Permission to build:

a) A new building permit;

b) repair permits;

c) The travel permit.

4. Special-Level and Grade I-grade works are licensed under the period when construction design is determined by the provisions of this Law.

5. For the construction investment project of many works, construction permits issued to one, some or all of the projects under the project when the technical infrastructure part of the construction site was deployed under the planned construction plan. The state has the authority to approve.

Number 90. The principal content of the construction license

1. The work name of the project.

2. Name and address of the investment owner.

3. Location, site construction site; the construction site for the work on the line.

4. Type, build construction.

5. Construction construction.

6. The red road index, the only construction only.

7. Build a build (if available).

8. Land Use System (if available).

9. For civil work, industrial work, private housing, in addition to the specified content from paragraph 1 to paragraph 8 This has to be content on total construction area, floor construction area 1 (ground floor), floor numbers (including basement, floor, etc.). The attic, the technical level, the umm, the maximum height of the building.

10. The duration of the construction of the work is no more than 12 months from the date of the construction permit issued.

Number 91. Construction of construction licenses for work in the municipality

1. In accordance with the construction details planning has been approved by the state agency. For the construction site in the area, the route in the municipality has been stable but there is no construction details planning process that must be consistent with the planning regulator, urban architecture or urban design being made available by the state agency. The authority to issue.

2. Fit for the purpose of using the land under the approved land use scheme.

3. Secure the safety of the building, its neighboring work and requirements for environmental protection, prevention, fire, explosions; safety of engineering infrastructure, corridors protecting irrigation works, dikes, energy, traffic, cultural heritage sites, historical sites-and so on. culture; ensure a safe distance to the flammable, explosive, toxic and important works associated with defence, security.

4. The design of construction work has been specified, approved by regulation at Article 82 of this Law.

5. The file offers to grant construction permits in accordance with each of the prescribed licenses at the rules 95, 96, and 97 of this Law.

Number 92. A construction licensing condition for the work not on the outside of the municipality

1. In accordance with the position and the sum total of the project that has been granted by the state authority by written consent.

2. Meet the regulatory conditions at the 3, 4 and 5 Articles 91 of this Law.

Number 93. Building license conditions for individual housing

1. General Conditions of building permits for individual housing in the municipality include:

a) In accordance with the purpose of using land under the approved land use of land;

b) The safety of the building, the neighboring work and the requirements for environmental protection, prevention, fire, explosions; safety of engineering infrastructure, corridors protecting irrigation works, dikes, energy, transportation, cultural heritage sites, historical sites- culture; ensure the safe distance to the flammable, explosive, toxic and important works associated with defence, security; and the safety of the people.

c) The individual housing construction design is made in accordance with the provisions at paragraph 7 Article 79 of this Law;

d) A proposed construction permit issued under provisions at paragraph 1 Article 95, Article 96 and Article 97 of this Law.

2. For individual housing in the municipality must meet the stipulation conditions at 1 Article and in accordance with the construction of the construction details; for the individual housing in the area, the route in the municipality is stable but there is no detailed planning yet. Construction must be consistent with regulation management, urban architecture, or urban design enacted by the state authority.

3. For the individual housing in the countryside when construction must be consistent with the detailed planning of building a rural settlement.

What? 94. The construction licensing condition has a deadline

1. General Conditions of building permits with a deadline of:

a) In the area of the planning area of the construction of the state authority approved by the state authority, the publication but not yet made and yet no decision to recover the land of the state agency has jurisdiction;

b) In accordance with the process size provided by the Provincial Committee of the People's Committee for each region and the duration of the existence of the work under the plan to implement the approved construction of the construction site;

c) The investment firm commits itself to unloading the work at the end of the existence of the existing construction permits, if not self-dismantling is coercive and is subject to all costs for the forced dismantling.

2. For a construction permit issued a deadline must meet the stipulation conditions at 1 Article and meet regulatory conditions at 2, 3, 4 and 5 Articles 91 of this Law.

3. For individual housing must meet the stipulation conditions at 1 Article and meet the stipulation conditions at 1 Article 93 of this Law.

4. For the work, the individual housing grant is granted a limited construction license, when the expiration of the schedule that the construction planning plan has not been deployed, the agency issued a construction license that is responsible for informing the owner of the work or the building. who is given the use of the construction process for the construction of construction planning and the implementation of a limited construction permit extension.

5. For the work, individual housing in the area that already has a construction planning of the state authority approved by the authorities and plans to use the annual land of the district, does not issue a deadline for new construction. Only the construction permit has a deadline for repairs, renovation.

What? 95. The record offers new construction licenses.

1. The filing offers a new construction license for the individual housing, including:

a) The application for the construction of the construction permit;

b) The copy of one of the papers demonstrating the right to use the land according to the law of the land;

c) The drawing design design;

d) For the adjacent construction construction work must have a secure commitment to the adjacent work.

2. The profile offers to grant construction licenses to non-linear work:

a) The application for the construction of the construction permit;

b) The copy of one of the papers demonstrating the right to use the land according to the law of the land;

c) The copy of the decision to approve the project, the investment decision;

d) Build design;

The energen, the experience of the design organization, the individual is the owner, presiding over the construction design, accompanied by a copy of the master's executive certificate, presiding over the design.

3. The filing offers a construction license grant for construction of the work by the line:

a) Regulatory documents at points a, c, d, and Articles 2 This;

b) The approval text of the state agency has jurisdiction over the suitcases of the location and the yondie method;

c) The decision to recover the land of the state agency has jurisdiction in accordance with the rule of the land law.

4. The profile offers to grant construction permits for the construction of religious work including:

a) The documents specified at this 2;

b) The written acceptance of the necessity of building and the scale of the work of the state governing body of religion.

5. The record offers permission to build a monument to the monument, including:

a) The documents specified at this 2;

b) The copy of the license or text that accepts the need for the construction and scale of the work of the state administration of the state of culture.

6. The profile offers to grant construction licenses to the advertising work:

a) The specified documents at this 2 Article; the land lease or the work to make the advert must have a copy of the lease of land or contract lease contract;

b) A copy of the license or text consent of the necessity of building and scale of the work of the state governing body has jurisdiction over advertising.

7. The profile offers to grant construction permits to the work of the foreign affairs agency and international organization under the Government ' s provisions.

What? 96. The record offers construction permits for the case of repairs, renovation work and construction.

1. The application for the license to repair, renovate the work.

2. Copy one of the proof papers on the ownership, management, use of the work, housing in accordance with the rule of law.

3. The drawing, snapshot of the status of the department, the work item, the individual housing offer is renovated.

4. For historical and cultural heritage sites, scenic ratings have been ranked, the engineering infrastructure must have a written acceptance of the necessity of building and the structure of the state governing body for culture.

What? 97. The profile recommended construction licenses for the case of relocation of the building.

1. The program to license the travel license.

2. The paper copy demonstrates the rights to land where the work will be moved to and the legal paper on the ownership of the work by law.

3. The process of completing the work (if any) or the design drawing describes the actual status of the work, including the facet, the toenails, and the main result of the main draw; the complete drawing with the location of the work will be moved. The drawing of the facet, the toenail at the site of the building, will be moved.

4. Survey results report assessing the current quality of the work due to the organization, the individual has sufficient capacity to perform.

5. The method of migration due to the organization, the individual has enough exercise capacity to include:

a) The theory of the theory of the building status and the area of the building will be moved to; the relocation solution, the layout of the layout, the device, the device, the security solution; the solution, the safety of the building, the people, the machine, And the preservation of the environment; the conservation of the environment; the organization, the individual, and the organization.

b) The rendering of the process di di di di works.

What? 98. regulate construction permit

1. During the construction process, the case with the design adjustment that changes one of the contents below, the owner of the investment must recommend tuning the construction permit:

a) Changing the form of the external architecture of the work on the work in the municipality of the area there is required for architectural management;

b) Change one of the position elements, construction area; scale, height, the number of floors, and other factors that affect the main force structure;

c) As the design adjustment inside the work changes the use of use as the effect of safety, prevention, fire, explosions, environmental protection.

2. The profile recommended that the construction permit include:

a) The application that regulates the construction permit;

b) The build permit itself has been granted;

c) The design drawing related to the adjustment section compared to the design was granted construction license;

d) The results of the appraisal and regulatory results approve the regulation design (except the individual housing) of the investment owner, which must have the content of the safety of the force, room safety, fire, explosion, environmental protection.

What? 99. Renewal of construction permits

1. Before the time the licence was built out of construction, if the construction was not started, the owner of the capital had to offer to renew the construction permit. Each construction permit is limited to a maximum of 2 times. The duration of the term is 12 months. At the end of the construction permit period without a construction start, the owner of the investment must file a new construction permit.

2. The proposed filing extension is included:

a) A petition extension of the construction permit;

b) The build permit itself has been granted.

3. For the work, the individual housing licensed under construction license has expired at the time of the expiration of the record in the license, but the planning has not yet been implemented, the owner of the work or the person who is assigned to use the license-granting agency. build a review of the time extension that exists until the planning is implemented. The duration of the process that exists directly into the construction permit has a deadline already being issued.

Number 100. Resupply Building License

1. The construction permit is given in the event of a torn, broken or lost field.

2. The file offers to grant the construction license that includes:

a) The application to grant the construction permit;

b) The build permit itself has been granted for the case of a torn, broken construction permit.

What? 101. Recall, cancel construction permits

1. The allowed construction is recovered in the following circumstances:

a) Gita's permission to build is not the right rule of law;

b) The investment owner does not resolve the wrong construction with a construction permit in the time of the record in the breach of the breach at the request of the authority of the state authority.

2. After 10 days from the date of a decision to revoking the building license of the state agency to be authorized for the specified case at paragraph 1 This, if the investment owner does not resubmit the construction license to the agency granted The license, or the authorized body, is authorized to cancel the construction and inform the investment owner, the Social People's Committee, which has construction work. The decision to cancel the construction license was posted on the website's electronic information page.

What? 102. Level, level, adjustment, and extension of construction permits

1. The process of licensing the construction and regulation of the construction permit is specified as follows:

a) The fourth owner of the filing of the 02 sets of files recommended for the construction license, which regulates the construction permit for the competent authority to grant construction permits;

b) The authority granted the authority to issue a responsibility for the construction of the organization's profile, the individual recommended, which regulates the construction permit; the case examination; the receipt records for the case of a prescribed response or guidelines for the owner of the capital. Case completion for case case does not respond to regulation;

c) During the 7-day period of work since the date of receiving the file, the authority granted the authority to grant the construction of the construction permit, the field examination. When a case appraisal, the authority has the authority to determine whether the document is missing, the document is not correct in accordance with the regulation or not true to the fact to inform a written statement to the additional investment holder, complete the profile. The case of an unmet additional profile is required by text message then in the 5-day period of work, the competent agency with a written responsibility to inform the owner of the investment continues to complete the profile. The owner of the investment has an additional responsibility, finishing the profile according to the message text. The case of the addition of records still failed to meet the content according to the announcement, in a 3-day period of work, the authorities have the authority to inform the owner of the investment in terms of unlicensed reasons;

d) scale base, properties, type of work and construction sites present in the case of the construction license issue, the competent organ-granting authority that is responsible for the stipulation of the conditions under this law to send text to the site. the opinion of the state governing bodies of the areas concerning the fields of construction in accordance with the rule of law;

In a 12-day period for individual work and housing since the date of receiving the record, state management agencies are asked to have a written responsibility for writing about the content of its management function. After the deadline, if these agencies have no opinion, it is considered to have agreed and must be responsible for the content of its management function; the licensing body builds the base of the existing regulations to decide on the granting of licenses. builder;

e) Since the date of receiving enough valid records, the competent authority to grant a construction permit must review the case to issue a permit in 30 days ' time for the event of a construction permit, including a limited construction permit, a permit for the construction of the site. edit, the relocation permit and for a 15-day period for individual housing. In case of the licensing deadline but the need for further consideration is the license to build a written notice to the owner of the reason, and the report has the authority to administer the review directly and direct, but not. Ten days after the expiration date.

2. The process of extension, the granting of the construction license specified as follows:

a) The fourth owner of the filing of the 02 set of plans for the extension, granting the construction permit for the competent authority to grant construction permits;

b) During the 5-day period of work since the date of the receiving of valid records, the authority granted the authority to issue a licence to be considered to renew the construction permit or grant permission to the construction permit.

3. Receiving results, the construction of the construction license fee is specified as follows:

a) The owner of a construction permit attached to the design profile of the construction license licensing agency has the authority to grant the construction of the construction permit at the site of the receipt of the records under the receipt of the receipt;

b) The investment owner is responsible for filing a charge by the prescribed charge when filing a proposal for a construction permit.

4. The case case is not eligible to grant construction permits in the specified deadline at paragraph 2 This, the authorities with the authority to license the construction must be written in writing and stating the reason for the owner to know. If the term is too limited to the receipt paper that the authority does not answer, the owner of the investment is allowed to build the work according to the specified design profile, which is approved by the stipulation in the filing of the proposed construction permit.

5. The government regulates the details of the proposed record for construction, regulation, extension, repetition, building permits for each type of construction permit, each type of construction.

6. The Minister of Construction Planning to detail the proposed form, the drawing blueprint in the filing of the proposed construction license issue.

What? 103. Authority to grant, adjust, renew, grant and revoking the construction permit.

1. The Ministry of Construction provides a construction permit for special-level work.

2. The Provincial Committee on the Provincial Committee grants a construction permit for the construction of the I, Level II; religious work; historical monuments-culture, monuments, monumental paintings ranked; work on the lines, the street axis. in the municipality; the project of the project has foreign direct investment. The Provincial People's Committee is devolve to the Construction Department, the management of the economic zone, the industrial zone, the manufacturing sector, the high tech sector, the building permits, the functions of these agencies.

3. The District People ' s Committee grants construction licenses to buildings, individual housing built in the municipality, the center of the cluster, in the reserve, the historic site-the cultural-owned culture district, except for the construction work of the site. One and two.

4. The authority with the authority to grant the construction license is the agency with the authority to modify, renew, provide and revoking the construction license issued by his superiors.

5. The case with the authority to grant a license to build unrevoked construction permits was unregulated, the Provincial People's Committee directly decided to revoking the construction permit.

What? 104. The responsibility of the authority with the authority to grant permission to build

1. Public and interpretation, instructs the provisions of the law on the licensing of construction permits.

2. Watch, pay the results or inform the owner of the unqualified file to grant the construction permit.

3. Level the construction license under the process and in the prescribed period at Article 102 of this Law.

4. Host and coordination with the agency with the relevant authorities examining the construction of construction under construction permits; the suspension of construction, the recall of construction permits under the jurisdiction when the owner of the construction of a serious breach of the breach.

5. The person with the authority to grant a construction permit must be held accountable to the law and damages the damage caused by the granting of the wrong license or a slow licence level under the rule of law.

What? 105. The responsibility of the agency, the organization involved with the construction permit level

1. execute the prescribed responsibility at the point of clause 1 Article 102 of this Law.

2. Make the necessary measures when receiving the information of the agency with a violation of the breach against the construction of the planning error, construction of no license or not correct with the construction permit issued.

What? 106. The rights and obligations of the proposed license grant permission

1. Organization, individuals offer to grant construction licenses with the following rights:

a) Request for the construction of the construction license, guidelines, and implementation of the regulations on the construction license level;

b) The complaint, the prosecution, denotes the violation of the law in the granting of construction permits;

c) The construction of the procedure by this law.

2. The organization, the individual offering to grant the construction license with the following obligations:

a) The full file for the construction license fee;

b) responsible for the accuracy, honesty of the filing content of the proposed filing permit;

c) The announcement of the start of the construction by writing for the People's Committee on the construction site for the 7-day period of work before the construction of the construction site;

d) The correct implementation of the construction permit.

CHAPTER VI

BUILDING CONSTRUCTION

Item 1

PREPARE TO BUILD CONSTRUCTION

What? 107. Construction Startup Condition

1. The launch of the construction work must ensure the following conditions:

a) There is a construction by building for the whole or every part according to the construction progress;

b) There is a construction permit for the procedure under the stipulation required under the prescribed construction permit at Article 89 of this Law;

c) There is a work rendering design of the work category, the launch site was approved and examined by the owner of the test, confirmed on the drawing;

d) There is a construction competition contract signed between the investment owner and the contractor selected;

It ' s been deployed enough to build a building.

e) There is safety guarantee, environmental protection during construction.

2. The start of the individual housing construction only needs to meet the regulatory conditions at the point b 1 Article.

What? 108. Prepare to be built by construction.

1. The recovery of land, land delivery, land lease, compensation, construction of the ground by construction is carried out in accordance with the rule of the land law. The People's Committee of the Command and Organizing Committee performs compensation, support for the release of the equal, resettlement of the planned investment project under the rule of law.

2. The deadline for the launch of the surface construction must meet the progress requirement that the project has been approved or the decision of the competent person.

3. The full hand or part of the construction by the construction of the agreement between the investment holder and the construction contractor.

4. Secure the funding for compensation, provide support for the free release, resettle (if any).

What? 109. Required for construction site

1. The investment owner is responsible for installing the construction of the building at the construction site, unless the individual housing case has a scale of less than 07 floors. Report:

a) Name, scale of work;

b) The day of the beginning, the day of completion;

c) Name, address, telephone number of the investment holder, public contractor, organization design organization and organization or individual supervising construction competition;

d) The drawing of the work.

2. The construction contractor is responsible for managing the entire construction site under the rule of law, except for the management of the investment organization. Construction site management content includes:

a) Around the construction site area must have a barrier, station, a visible, visible sign to ensure the distance between the scope of the field with the outside;

b) The construction of the field within the construction scope of the work must be in accordance with the drawing of the total design by the approved construction and specific conditions of the building site;

c) The materials, materials, devices waiting for installation must be fully arranged according to the overall design of the work;

d) Within the scope of the construction site must have signage signage instructions, safety, room, fire, fire, and other necessary signs.

3. The construction contractor has to have safe safeguards for people and vehicles entering the field, the set and disposal of proper construction waste, which does not adversely affect the environment around the construction site area.

What? 110. Demand for building materials

1. Safety, efficiency, savings, eco-friendly.

2. Materials, conformation of use to construction work must follow the correct construction design, technical instructions (if any) have been approved, quality assurance by law on the standard, technical regulation and law on the quality of goods products and products. Well,

3. The building materials used for production, manufacturing, and household sales must be consistent with regulation at paragraph 1 and paragraph 2 This.

4. The priority of using the material at the place, the material in the water. For a state capital use project, the use of imported materials must be specified in the tender filing of the bid, the required filing is consistent with the construction design and technical instructions (if any) due to the decision of the decision.

Item 2

CONSTRUCTION WORK

What? 111. Requirements for building construction work

1. Compliance design design is approved, standard, technical regulation applicable to the work, regulation of the law on the use of building materials; safety assurance of force, safety in use, cosmetics, environmental protection, prevention, fire, fire, and fire. You know, the conditions are different, according to the law.

2. Secure the construction of construction, people, construction equipment, underground construction and adjacent works; there is a measure to limit the damage to the person and property when the incident causes a safety loss during construction.

3. Make its own safety technical measures for the work categories, the job has strict requirements for labor safety, room, fire, and fire.

4. Use of supplies, material in the right type, quantity at the request of construction design, save for savings during construction construction.

5. Implementers the inspection, supervision, and construction of construction work, the critical phase transition period when needed, the work item class experience, the completed construction work to put into extraction, use.

6. Construction contractor construction must have sufficient capacity to fit the type, level of construction and construction work.

What? 112.Rights and the obligation of the investment holder in construction work construction

1. Investment owners have the following rights:

a) Self-execution of construction work when there is sufficient capacity to operate the appropriate construction work or selection of construction contractor construction;

b) Negotiate, sign the construction of construction construction; supervision and request for the contractor to execute the correct implementation of the signed contract;

c) The suspension of the implementation or termination of the contract with the contractor executed construction by the rule of law and of the construction contract;

d) Stop construction of construction work, ask the contractor to build remediation when violating regulations on the quality of the work, safety and environmental protection;

Required to organize, individuals are involved in coordination to perform work in the process of building construction;

e) Other rights under the rule of law.

2. The investment owner has the following obligations:

a) The selection of the contractor has sufficient capacity to operate in accordance with the type, level of construction and construction work construction;

b) Coordinate, join with the People ' s Committee on the damages of damages, the release of the ground by building to hand over the construction contractor;

c) The monitoring and quality management organization in the construction competition is consistent with the form of project management, construction contract; and

d) Check out the execution measure, safety assurance, environmental hygiene;

The organization, payment, payment, construction.

e) The lease of the consulting organization has sufficient capacity to operate construction to test the quality of the work when needed;

g) Consider, deciding the proposals concerning the design of the contractor in the construction of construction;

h) Save the construction profile;

i) is responsible for the quality, the origin of the supplies, materials, materials, equipment, construction products, and the use of the building;

n) The compensation damages caused by the breach of the contract and other violations caused by itself;

l) Other obligations under the rule of law.

What? 113. Rights and obligations of the construction contractor

1. The construction contractor constructs the following rights:

a) refuse to carry out the laws of law;

b) Proposal to modify the build design for the appropriate implementation of the practice for ensuring quality and efficiency;

c) The value of the building volume value is completed in accordance with the contract;

d) Stop construction construction when there is a risk of loss of safety to people and work or contractors who do not make the right commitment in the contract;

Ask for damages caused by the construction contractor.

e) Other rights under the regulation of the contract and the regulation of the relevant law.

2. The construction contractor constructs the following obligations:

a) Only the construction of construction construction, work in accordance with the conditions of its construction capacity and the implementation of the contract signed;

b) Set and host the investment approval design design, in which specific regulation measures safety guarantees for people, machines, equipment and works;

c) Construction competition in the right design, standard applicable standards, technical regulation, quality assurance, progress, safety and protection of the environment;

d) Have the appropriate quality management system and establish a work quality management profile;

Compliance requirements for the construction site;

e) taking responsibility for the quality, the source of the supplies, materials, materials, equipment, construction products made by itself of the use of the work;

g) labour management on construction, security assurance, order, environmental protection;

h) Set up the completed drawing, engaging in process capture;

i) Protect the work;

n) Compensated Compensation for breach of contract, using non-human material, does not guarantee requirements under the approved design, the public does not guarantee the quality, cause pollution of the environment and other violations of other violations;

l) is responsible for the quality of construction construction by design, including the work provided by the contractor (if any); the contractor is responsible for the quality of the work done before the main contractor and before the law;

m) Other obligations under the regulation of the contract and the regulation of the relevant law.

What? 114. The rights and obligations of the contractor design in construction construction.

1. The design contractor has the following rights:

a) The rights to rule at 1 Article 86 of this Law;

b) Request for the owner of the investment, the construction contractor to build on the right design;

c) To reject the requirements for changing the design of the investment owner;

d) From the process of recording the work, the work item when the exam was not followed by the design;

charge) Other rights under the regulation of the contract and the regulation of the law are relevant.

2. The design contractor has the following obligations:

a) The obligations specified at paragraph 2 Article 86 of this Law;

b) A person with sufficient capacity to monitor the author's design by the stipulation of the contract, who is responsible for this mission to be held accountable to the law of his violations and is responsible for the damages of his damages;

c) Participated in the construction of construction work under construction design contract with the owner of the investment;

d) Consider handling on the recommendation of the owner of the investment on the illegal infusion design;

When the initial implementation of the design was approved, it must be announced in time to the owner of the investment and the petition.

e) Other obligations under the regulation of the contract and the regulation of the relevant law.

What? 115. Safety in construction work.

1. During construction construction, the owner of the investment, the construction contractor responsible for ensuring the safety of the work, the labourers, the equipment, the construction vehicle working on the construction site.

2. The investment owner must have the capacity of the person with sufficient capacity to follow, examine the implementation of the safety regulations of the construction contractor construction; pause or suspension of the construction site when the discovery has a safety loss of the work, signs of violation of security regulations. In combination with the contractor's handling of the incident, the recovery of the incident or accident; timely notice of the authorities with the authority of the authorities in the event of a construction incident, the fatal labor accident.

3. The construction contractor has to propose, implementing safe safeguards for people, machines, equipment, property, construction works, underground buildings and adjacent buildings; machines, equipment, supplies serving the public with strict requirements on the development of the site. Labor safety must be checked safely before entering the use.

What? 116. Environmental protection in construction work.

In construction of construction work, the construction contractor is responsible:

1. Set up and implement environmental protection measures during construction construction including air, water environment, solid waste, noise and other requirements under the laws of environmental protection.

2. The compensation damages caused by a violation of environmental protection.

What? 117. Move construction work

1. The relocation of the construction site from one position to another must be consistent with the planned construction planning, quality assurance, process safety, not affecting the neighboring structure and ensuring that the architecture of the structure is required. The bridge needs to be preserved.

2. When the relocation of the construction work, the owner or the owner of the building must have a permit to relocate the construction work.

3. The contractor does the relocation of the construction work to make safe, safe, safe, safe, safe, and environmental protection measures.

What? 118. Destroy construction site

1. The demolition of the construction work is done in the following circumstances:

a) To free the face of building new construction, temporary construction work;

b) The process is at risk of collapse affecting the community and its neighboring work;

c) Construction in the construction area under regulation at paragraph 3 Article 12 of the Law;

d) Construction process construction varioration, construction work without a license to the required process must have a false license or construction with specified content in the construction permit;

Construction of land-based construction, land under the legal use of the organization, personally; false construction with approved design for the case exempt from construction permits;

e) The individual housing has the need for demolition to build new.

2. The demolition of the construction work must meet the following requirements:

a) The process of dismantling the work is made only by the decision of the competent state agency (if any);

b) The process of dismantling the work must be done according to the method, the approved demolition solution, secure security and environmental protection.

3. The responsibility of the parties in the demolition of the construction work is specified as follows:

a) The organization, the individual assigned to the execution of the operation, is responsible for the implementation of the provisions of this Article 2; it is in charge of the law and damages of the damages.

b) The organization, the individual who owns or is using the building of the demolition must accept the demolition decision of the state agency with authority; the case is not able to accept, which is forced, and is under all costs for demolition;

c) The person with the authority to decide to dismantle the public accountable to the law of the consequences of the consequences is not issued, decided not to be timely or decided against the rule of law.

What? 119. Construction work incident

1. During construction construction, operation, exploitation using the work if the risk of loss of safety, the risk of a work incident affecting the safety of the network, the neighborhood and the community, the investment contractor, the construction contractor, the manager of the use of the building, the state agency has the authority to have the following responsibility:

a) At the time of the request to stop the execution, operate, exploit the use of the work and implement the measures to ensure the safety of the person and the property;

b) Perform the necessary measures to restrict and prevent possible dangers to the work; timely notice to the organization, the individual has the authority to be involved;

c) Secure the crime scene, except for the case of emergency remediation to prevent damage.

2. When the discovery, which is informed of the work incident, the state agency has jurisdiction, organization, individual relevant within the scope of the mission, its powers are responsible for the following:

a) To implement urgent measures to rectify the incident;

b) The state agency has the authority to organize the cause of the cause of the incident, clarify the responsibility of the organization, the individual causing the work incident.

3. The work with the incident is either built or continued to operate, exploiting the use when authorized by the state authority to address the incident.

4. The organization, the individual who causes a construction incident responsible for damages and is subject to relevant costs, is dealt with the administrative breach; the individual is subject to criminal responsibility under the rule of law.

Section 3

CONSTRUCTION AND CONSTRUCTION WORK, CONSTRUCTION WORK, CONSTRUCTION WORK.

What? 120. Construction of construction construction.

1. Construction work must be monitored in terms of quality, volume, progress, labor safety and environmental protection during the course of the construction process.

The state encourages the oversight of the individual housing construction.

2. The monitoring of construction of construction work must ensure the following requirements:

a) Perform during the course of the construction process from the construction of construction, during the execution period until the completion and experience of work, construction work;

b) The implementation of the approved construction design, applicable standards, technical standards, management regulations, construction materials, technical instructions, and construction contracts;

c) Central, objective, non-profit.

3. The construction worker who oversees construction is selected to have a proposal for monitoring and quality control procedures, volume, progress, labor safety, environmental protection, inspection process, and recovery, document filing management, and data management. in the process of surveillance and other necessary content.

What? 121. The rights and obligations of the owner of the investment in the construction of construction construction work

1. Investment owners have the following rights:

a) Self-execution of the construction of the construction of the construction site when there is sufficient capacity to oversee construction and self-responsibility for its oversight;

b) Negotiate, sign the contract for construction of construction work; monitor, monitor and request the contractor to oversee construction work on the right contract.

c) Change or request that the consulting organization changes the supervisor in case the supervisor does not perform the procedure;

d) The suspension of the execution or termination of the contract oversight contract constructs the building by the rule of law;

charge) Other rights under the regulation of the contract and the regulation of the law are relevant.

2. The investment owner has the following obligations:

a) The choice of supervised consultation has sufficient capacity to fit the type, level of construction work to sign the construction of construction project construction construction in case not self-implementing construction.

b) Notice to the authorities regarding the rights and obligations of the oversight advisory;

c) timely processing of the suggestions of the supervisor;

d) In full implementation of the agreed obligations in the contract oversight contract construction work;

The results of the construction of the construction work for the construction work;

e) Compensated Compensation for the choice of supervised consultation is not eligible for the construction of construction, untrue mass capture, and other violations of the damage caused by itself;

g) Other obligations under the regulation of the contract and the regulation of the relevant law.

What? 122. The rights and obligations of the contractor to oversee construction work. presentation

1. The contractor who oversaw the construction of the work has the following rights:

a) Participation in the recovery, validation of work, construction completed construction work;

b) Request for the successful contractor to build the right implementation of the approved design and the signed construction construction contract;

c) Preservation of the opinion on the monitoring work due to its assurance;

d) Advance of the competition in case detection of the risk of a loss of safety or contractor to the wrong design and timely notice of the investment holder for disposal;

) Refusing To Request Any Relevant Parties;

e) Other rights under the regulation of the contract and the regulation of the relevant law.

2. The contractor who oversees construction construction has the following obligations:

a) execute the oversight of the right contract;

b) The non-volume volume does not guarantee quality; does not conform to the applicable standard, technical regulation and as required by the work design;

c) The denial of the solution when the work does not reach quality requirements;

d) Proposal to the owner of the illegal investments of construction design;

Monitoring the implementation of safety regulations, environmental protection;

e) Compensated Reparation Damages on the monitoring results for the undesigned public volume, do not follow the applicable standard, technical regulation, but the supervisor does not report to the investment owner or the person with the authority to handle and conduct. Other violations were caused by himself;

g) Other obligations under the regulation of the contract and the regulation of the relevant law.

What? 123. Build up construction

1. The construction of the construction work consists of:

a) The capture of the construction work during the construction process and the acceptance of the phase transition period when needed;

b) Experience completion of the work category, complete construction work to put into extraction, use.

2. The work category, completed construction work, is allowed only to be included in the exploitation, used after the required acceptance of construction requirements of the construction design, the applicable standard, the technical standard for the work, the regulation of management materials using the building materials. And it ' s been recorded under the rules of this law.

3. The owner of the organization is responsible for the construction of construction work. The organization, personally involved in the experience, is responsible for the product being confirmed by the construction of construction.

4. National important work, large-scale construction, complex engineering, large impact work on community safety and the environment, state capital use work must be tested for the test work in the process of competition and when the completion is complete. The construction of construction work. The responsibility for the organization to test the specified capture work is as follows:

a) The State Procurement Council of the Building Constructs Organization of the Organization for Organizational Acceptance of the investment of the owner of the country, the construction of a large scale, complex engineering;

b) The professional body for the organization of the organization to examine the investment of the investment of the investment in the work is not specified at this point.

5. The government regulates the details of quality management, the recovery and solving of construction work.

What? 124. Construction desk.

1. Table the construction work must comply with the following regulations:

a) The construction of the construction of the building according to the ordinance of the law of the building;

b) Secure the operation, exploit when the construction is in use.

2. The investment owner is responsible for receiving the work on the right contract that has signed with the contractor. The person who joins the work desk is responsible for the product due to its confirmation during the construction process. The first non-rational investment holder is the manager of the work, and the owner of the business is responsible for the construction of the construction process for the management of the work after the construction of the construction process. The construction of the construction process must be established.

3. When the construction of the construction work, the construction contractor constructs the owner of the investment of the documents including the drawing of the completed drawing, the operation guide process, the process maintenance process, the catalog of equipment, spare parts, spare supplies, and other assets. I mean, the other thing is relevant.

4. The unworkable case for the owner of the use is the owner of the interim responsibility of managing the construction work.

Section 4

WARRANTY, CONSTRUCTION SITE MAINTENANCE

What? 125. Build construction work

1. The construction contractor has the responsibility to protect the work due to its construction. The contractor provides construction equipment, technology equipment responsible for the maintenance of the equipment provided by itself.

2. The contents of the process include remediation, repair, replacement of the damaged, defective device caused by the contractor's failure.

3. Process warranty period, construction equipment, defined technology equipment, construction and construction level of the manufacturer or contract supply contract.

4. The government provides details of the construction of construction work.

What? 126. Maintenance of construction work

1. The requirement for the maintenance of construction work is specified as follows:

a) The work, the construction work category when introduced into the exploit, used must be maintained;

b) The maintenance process must be hosted by the institutional and approved organization prior to the creation of the work category, the construction work on the extraction, use; must be consistent with the purpose of use, type, and level of construction work, work item, equipment built. set up and installed in the building;

c) The maintenance of the work must ensure the safety of the work, person and property.

2. The owner or manager who uses the work is responsible for the maintenance of construction work, machine, construction equipment.

3. The maintenance of construction work, construction equipment must be made under the maintenance plan and the maintenance process is approved.

4. The government provides details on the maintenance of construction work and the responsibility to publish the construction work expiration date.

What? 127. Stop logging using construction work

1. The investment owner, exploitation manager using the work or state agency has the authority to decide the use of the exploit to use construction work when the work expires, which is at risk of losing safety, causing the work incident to affect security. All of the users, the safety of the neighborhood, the environment, and the community.

2. When the decision to stop exploiting the use for joint use, the investment holder, the owner of the use or the state agency has the authority to have text-written notice to the organizations, individuals, households using the work on the decision to make decisions. I do.

3. The extraction of the use of construction works is only continued when the incident has been overcome or removed from the risk of loss of safety. Case scenario expires, if the requirement continues to use, the owner or owner must perform the quality control, family, renovation, repair, repair work (if any) guarantee the safety, the use of the work.

Section 5

BUILDING A SPECIAL BUILDING.

What? 128. The construction of the site.

1. Special Construction Construction:

a) the state secret building;

b) The work is built under emergency command;

c) The construction is temporary.

2. The government regulates this.

What? 129. Building a state secret building.

1. The state secret service is built on a request to secure secrecy in building investment activities in the defense, security, foreign, economic, scientific, technological, and other sectors.

2. The organization, organization, individual is assigned management, the implementation of the state secret construction that has the power to decide and take responsibility for the implementation and organization of the implementation of the construction of works from the project stage, survey, design, competition, and the work. The construction of the construction construction project to the end of the process was used.

3. The government decided to build a state secret work.

What? 130. Building construction on emergency command

1. Emergency construction on emergency orders was built in response to emergency requirements for prevention, anti-natural disasters, and other emergency requirements.

2. Agency, organization, individual entrusted with the implementation of the construction of the work on an emergency command that is self-determination of the self-survey, design, construction of construction in accordance with the request for emergency; it is responsible for the organization to implement public construction. In order, the assurance of a timely response, the progress made to maximize the damage to the person and property can occur.

What? 131. Building temporary work

1. The temporary construction is a construction site built to serve the construction of the main building.

2. Chairman, self-organization construction contractor, design approval, construction project, and implementation of the design temporary construction project, the planned construction project.

3. The temporary construction process must be lifted when the project's main construction is in use, except for the case of a temporary construction process in accordance with the planned construction plan.

CHAPTER VII.

CONSTRUCTION INVESTMENT COSTS AND CONSTRUCTION CONTRACTS

Item 1

MANAGE CONSTRUCTION INVESTMENT EXPENSES

What? 132. Construction Cost Investment Management Principles

1. Building investment cost management has to secure investment goals, project efficiency, in line with the build-up, capital of capital. The cost of building investment must be calculated, as per the project, the construction, the construction package that matches the design requirements, construction conditions and the market price.

2. The state makes management of the cost of construction investment through the enacrowork, guidelines, examination of the implementation of law regulations; the direction of legislative guidance and management of the cost of building investment, which measures the volume of buildings, machine prices and equipment. Construction work, construction adjustments, construction price index, cost control in construction investments; instructions and management of the certification of construction pricing; the publication of the instructions, the construction level, the construction price index.

3. The investment owner is responsible for managing the cost of building investment from the project preparation period until the end of construction of the project into operation, exploitation of use within the total investment of the approved project. Investment owners are employed by the organization, the individual who manages the cost management of sufficient capacity to establish, interrohouse and control the cost of building investment.

4. The inspection, inspection, audit of building investment costs must be made on the basis of the condition, the way determining the cost of construction has been invested by the person determined to invest, the approved investment holder in accordance with regulations, direction of direction, management, and management. The cost of construction and construction investment.

5. The construction investment cost of state capital use projects must be determined by the regulation of construction and management of the cost of construction.

What? 133. Construction Cost Investment Management Content

1. Content management content builds up of total investment, construction accounting, construction package prices, construction contract prices, valuation and construction prices, project management costs, and construction investment advisory; payment and construction contract decision, bar, price, and price. accounting and investment capital building decisions; the rights and obligations of the investment decision-making, the investment owner, the construction contractor in the cost management of the construction investment.

2. The government provides details on the management of the cost of construction investment.

What? 134. Total construction investment

1. The total construction investment is the full cost of the construction investment of the project that is determined in accordance with the base design and the contents of the Construction Investment Research Report. In the case of a pre-construction research report, the preliminary identification of total investment by preliminary design is the basis for estimating the cost of building investment.

2. Content-level content builds include construction costs, equipment, compensation, support and resettlement, project management, construction investment consultancy, other cost and spare costs for the volume of births and slides. For the project that only requires an Economic Report-construction investment technique, total construction investment includes the costs in the process of construction work under the regulation at Article 135 of this Law, the cost of compensation, support, resettlement and other costs.

3. The total of construction investment is determined from the volume of construction by the basis design and other required requirements of the project or determined by the investment capital building or from the cost of the cost of the same works.

4. The total construction investment must be determined, approved, and is the basis for managing the cost of the project. For the state capital use project, the total approved construction investment is the maximum cost that investment owners are allowed to use to implement the project.

5. The total approval of the approved construction investment of the state capital use project is adjusted only when regulating the project under regulation at paragraph 1 Article 61 of this Law. For other capital use projects, the total investment adjustment was decided by the decision-making person.

What? 135. Construction Accounting

1. The construction project is the cost needed to build the work, implement the bid, the construction work that is defined on the basis of computing volume from the engineering design, design of construction drawings, which requires the work to be done and quantilocated, the construction price. Yeah.

2. Build a construction project which includes the cost of construction, equipment, project management, construction investment advisory, other cost and spare.

3. The construction site using state capital is approved under the regulation at paragraph 1, paragraph 2 Article 82 of this Law is the basis of the valuation of the bid and negotiation, the signing of the construction contract.

4. The approved construction project of the state capital use project is only adjusted in the following circumstances:

a) The sum of the total investment in accordance with the provisions of Article 61 of this Law;

b) Be allowed to change, add design to the base design or alter the construction cost structure structure but do not exceed the total of approved construction investments;

c) The adjustment of the construction of the work must be determined, approved by the rule of law on construction.

5. The adjustment of the project builds other capital projects due to the decision of the investment decision, the investment owner.

What? 136. Format, construction price and construction price index

1. The building level system includes economic-engineering and cost pricing. Construction prices include detailed building price and aggregate construction prices for the group, type of construction work, structural units, work parts, or construction.

2. The work-building application is defined on a market price basis or the construction of construction and cost of materials, workers, public execs, other necessary cost factors consistent with market price at the construction site.

3. System-based pricing and pricing system at paragraph 1 This is published by the state agency as the basis for the owner to use, refer to in the identification and management of the cost of construction investment.

4. The construction price index is the indicator that reflects the volatility level of building prices over time and as the basis for the identification, which regulates the total investment, the construction of construction, the price of construction and management of the cost of construction investment. Yeah.

The Ministry of Civil Affairs announced the national construction price index, the Provincial People's Committee announced the local construction price index.

What? 137. Payment, construction project investment.

1. Payment, the construction of the construction investment project is made in accordance with the provisions of the law on investment capital management. The investment holder or the legitimate representative of the investment holder is accountable to the law on the accuracy, legalization of the order, the volume and the value offer payment in the payment filing.

2. The construction work after completing the delivery of the delivery in use must implement the construction project investment decision. For the state capital use project, the decision to invest approval of the investment project decision in the limit of the total investment is approved. The deadline for the decision to be built by the Government.

3. Payment, decision of contract construction by regulation at Article 144 and Article 147 of this Law.

Item 2

CONSTRUCTION CONTRACT

What? 138. General regulations on building contracts

1. The construction contract is a civil contract agreed by the agreement between the contractor and the contractor to take part or the entire work in the construction of the construction investment.

2. The principle of signing the construction contract includes:

a) voluntarily, equality, cooperation, no law and social ethics;

b) There is sufficient capital to pay under the agreement of the contract;

c) completed the selection of the contractor and the end of the contract negotiation process;

d) The case with the bid is to call the contractor in order to make a deal. Members of the association must sign, stamp out (if any) into the construction contract, unless the parties have another agreement.

3. The principle of implementation of the construction contract includes:

a) The parties to the contract must make the right commitments in the contract on the scope of work, quality requirements, quantity, type, time, method and other agreements;

b) Middle, cooperative, and legal;

c) Do not violate the interests of the State, the community and the legitimate interests of the organization, the other individual.

4. The language used in the construction contract is Vietnamese. In the case of foreign involvement, the language used is Vietnamese and other languages by the parties of the agreement.

5. The construction contract must be signed and implemented in accordance with the provisions of this Law and the regulation of the relevant law.

What? 139. The effect of the construction contract

1. The construction contract is valid when it meets all the following conditions:

a) The signor of the contract shall have the power of the civil service, the right authority according to the rule of the law;

b) Ensure that the principles of contracting the construction contract stipulate at the point a 2 Article 138 of this Law;

c) The recipient must have sufficient operational capacity, the capacity to practice under the provisions of this Law.

2. The timing of the validity of the construction contract is the time of the contract signing or the other specific time due to the agreed agreements.

What? 140. Construction contracts

1. The construction contract is classified according to the nature, the implementation work content and the applicable contract price.

2. According to the property, the work content is done, the construction contract consists of:

a) Contract for construction;

b) Construction contract construction;

c) The contract provides the installation equipment to the construction site;

d) Design contract-procurement of supplies, equipment-construction construction, hand-to-hand contract;

Another building contract.

3. In accordance with the applicable contract price form, the construction contract consists of:

a) Contract contract;

b) Contract by fixed price;

c) Contract on the adjustment price;

d) Contract on time;

The contract costs the cost of the cost;

e) Contract price combined;

g) Other construction contracts;

h) Building contracts using state capital only apply regulatory types at points a, b, c and d this paragraph or combine these types of contracts.

What? 141. Construction contract contents

1. The construction contract consists of the following content:

a) The legal base applies;

b) The language applies;

c) Content and workload;

d) Quality, the technical requirements of the work, the recovery and the table;

Time and progress made the contract;

e) The contract price, advance, currency used in payment and construction contract payment;

g) Make sure to implement the contract, bail out the contract.

) The construction of construction contracts;

i) the rights and obligations of the parties to the construction contract;

n) Responsibility for the breach of the contract, reward and penalty of breach of contract;

l) pause and end the construction contract;

m) Resolve the contract for construction;

n) Risk and incapacity;

o) The decision and liquing the contract to build;

p) Other content.

2. For a general bid to build out of the specified content at paragraph 1 This is also to be added to the content and management responsibility of the construction general.

3. The government regulates the details of the construction contract.

What? 142. Construction contract profile

1. The contract for construction consists of a contract that follows regulation at Article 141 of this Law and the documents accompanying the contract.

2. The document accompanying the construction contract includes some or all of the following documents:

a) Text on the bid or only the bid;

b) The specific condition of the contract or the reference clause to the construction advisory contract;

c) General conditions of contract;

d) the tender invitation or the request profile of the contractor;

) Design drawings and technical instructions;

e) the tender bids or the proposed filing of the bid party;

g) The receipt of contract negotiations, revised text, contract additions;

) The appendix of the contract;

i) Other documents are relevant.

3. The first order applies to the documents accompanying the construction contract provided by the parties to the agreement. The case of non-agreement parties applies in order of regulation at paragraph 2.

What? 143. Build Contract Adjustments

1. The construction of the construction contract includes the adjustment of volume, progress, contract price and other content due to the agreement parties in the contract. Construction contract adjustments are applied only in the time of the contract execution.

2. The cases are adjusted for construction contracts:

a) Due to the parties of the agreement in the contract in accordance with the provisions of this Law and other laws are relevant;

b) As the State changes policies that directly affect the implementation of the contract, except for the case of other agreements with other agreements;

c) When the project is adjusted has an effect on the contract, unless the contract parties have another agreement;

d) The cases of unimpediability in accordance with the rule of law.

3. In addition to the regulations set at paragraph 1and paragraph 2 This, the adjustment of the price of the construction contract under the state capital use project must comply with the following regulations:

a) The implementation of the contract implementation of the contract applies only to the contract in accordance with the price of adjustment and contract over time;

b) The price in the contract is adjusted according to the content, scope, method and base that regulate the contract by the parties of the agreement in accordance with the regulation of the law;

c) When the contract adjustment changes the investment objective, the time of the contract execution, which exceeds the approved construction package bill, must be authorized by the person to invest.

What? 144. Construction contract payment

1. The payment of the construction contract must be consistent with the type of contract, the contract price and the conditions in the contract that the parties have signed.

2. The parties contract agreement on the method of payment, payment time, payment records and payment conditions.

3. The tender party must pay the value of each payment to the bidder after the deduction of the advance, the warranty of the work under the contract agreement, unless the parties have another agreement.

4. For a full package contract, the payment is made in accordance with the percentage of the contract price or process price, the work item, the workload corresponding to the payment phase that is agreed by the parties in the contract.

5. For a fixed-price contract and a regulatory order, the payment on the basis of the actual mass is completed by the contract to be obtained and the contract price application or the regulatory order under the contract agreement.

6. For the contract over time, the payment of the cost of consultants is determined on the basis of a specialist pay level and the costs associated with the operation of the consultant private with the actual working time of the captured (in month, Week, day, time.

7. For the contract at the expense, the payment of the payment is made on the basis of the cost directly carrying out the work of the contract and the management costs, the profitability of the receiving party under the agreement.

8. Payment on the volume of births without a single price in the construction contract is done under the contract agreement.

9. The currency used in the contract payment is the Đồn Nam; the case for use of foreign currency for payment due to the parties of the agreement but not contrary to the rule of law on foreign exchange management.

What? 145. Pause and terminate construction contract

1. The contract parties have the right to pause the implementation of the construction contract in the following case:

a) The transaction has the right to pause the implementation of the construction contract when the applicant does not meet the requirements of the quality, safety of labor and progress under the signed contract;

b) The tender has the right to pause the implementation of the construction contract when the tender party violates the payment agreements.

2. The tender party has the right to end the contract implementation in the following case:

a) The recipient of the bid was bankrupt or dissolved;

b) The recipient of the refusal or repeatedly does not perform the work under the contract that leads to the breach of the execution process under the contract agreement.

3. The recipient of the bid has the right to terminate the contract in the following case:

a) The transaction is bankrupt or dissolved;

b) Due to the failure of the contractor to the work being stopped continuously beyond the agreed deadline of the parties, unless the parties have another agreement;

c) The contractor does not pay the bidder beyond the agreed deadline of the parties from the date of the tender to receive enough valid payment records, except where the parties have other agreements.

4. Before a side pause, the termination of a contract construction contract stipulated at 1, 2 and 3 This must notify the other side by writing, which states the reason for pause, termination of the contract; the uninformed case which caused the damage. For the other side, you have to pay for damages.

What? 146. Reward, contract for construction, compensation for damages and settlement of the contract for construction of the building.

1. Enjoy, the contract for construction must be agreed by the parties and write in the contract.

2. For the construction construction work of state capital, the contract penalty does not exceed 12% of the value of the contract being violated. In addition to the fines of the agreement, the breach of the contract must pay damages to the other party, third party (if any) according to the provisions of this Law and other relevant legislation.

3. The recipient of the bid must compensate for the damage to the contractor in the following circumstances:

a) The quality of work does not guarantee the agreement in the contract or extend the completion deadline due to the failure of the bid party;

b) Due to the cause of the contracting party that results in damages to the person and property during the warranty period.

4. The tender party must compensate for the bid party in the following circumstances:

a) Due to the cause of the transaction by the contractor leading to the contract by the interruption contract, perform slow progress, risk meeting, machine coordination, equipment, materials, and inventory structure for the contractor;

b) The transaction provides the document, the necessary conditions for the work that is not correct with the agreements in the contract that make the bid to the contracting, suspend or amend the work;

c) The case in the construction contract stipulated by the tender for the supply of materials, equipment, other requirements that provide is not timely and required by regulation;

d) The tender agreement slows down the agreement under the agreement.

5. The case of one party does not perform a contract obligation or perform a contract obligation not in accordance with the regulation, after the implementation of the obligation or applying the correction measure is also liable for damages if the other party is left behind. Other damage, the damage to the damage was equivalent to the loss of the other.

6. The case of one party breaches the contract due to the cause of the third party, the offender is responsible for violating the contract before the other. The dispute between the offender with the third party is resolved by the rule of law.

7. The case of a breach of the contract breaches the body's body, the rights, the property of the other party, the damaged party has the right to claim that the other party is responsible for violating the contract by the agreement in the contract and the regulation of the relevant law.

8. The principle and the resolution of the decision to dispute the construction contract is stipulated as follows:

a) Respect the contract agreements and the commitments in the process of the implementation of the contract, the guarantee of equality and cooperation;

b) The contract parties have the responsibility to self-negotiate the dispute resolution. In the case of non-negotiable contract parties, the dispute is resolved through mediation, commercial arbitration or court under the rule of law.

What? 147. The decision, the contract bar.

1. The recipient of the bid is responsible for deciding the construction contract with the tender in accordance with the type of contract and the form of contract price applied. The process of deciding the construction contract must be consistent with the agreement in the construction contract.

2. The deadline for implementation of the contract construction is due to the agreements. For the use of state capital construction contracts, the deadline for contract decision does not exceed 60 days, since the date of the completion of the entire contract's work, including the portion of the work (if any). A large scale construction contract was allowed to extend the contract decision deadline but not over 120 days.

3. The construction contract is liquated in the following case:

) The parties have fulfilled their obligations under the contract.

b) The construction contract is terminated or abandoned by the rule of law.

4. The deadline for the contract to be built by the parties to the agreement. For the construction contract using state capital, the contract liquoralization deadline is 45 days from the day the contract parties complete the obligations under contract or the contract is terminated by regulation at the same time. K Article 2 145 of the Law. For large-scale construction contracts, contract liquation can be extended but not more than 90 days.

CHAPTER VIII

CONSTRUCTION CAPACITY CONDITIONS

What? 148. General regulation on the capacity conditions of the organization, the individual active construction.

1. Individuals who participate in the construction activity must have a degree, certificates of training in accordance with the work guaranteed by the legal training facilities.

2. The contractor is the organization, the foreign individual that operates in Vietnam must comply with the rule of the bidding law and is governed by the state governing body for the construction of the operational license.

3. The titles, individuals acting as independent building activities must have a prescribed occupational certificate including labor safety; project management manager, individual directly involved in project management; presiding over construction planning design; construction of the construction of the construction of the project. set; dean, design chair, construction designer, construction design; construction of the construction site; construction testing; construction pricing; construction valuation. The practice certificate is classified as Class I, Class II, Class III.

4. The organization involved in construction activities is classified as Grade I, Class II, Class III by the state agency with the authority on building evaluation, certificate of competence. The Ministry of Construction of Grade I-Only-level certification; Construction Level II, Class III. The organization participated in the construction of the registered business in accordance with the provisions of the law.

5. The government provides details on the capacity conditions of the organization, the individual who operates construction; conditions, jurisdiction, sequencing, the operating licensing procedure of the contractor is the organization, the foreign individual; the program, the content, the form of the acute murder organization. The certificate of practice, the competence of the organization and the conditions of the training facility, fostering a career in building activities.

What? 149. Active duty certificate.

1. Certificate of construction activity is the document of validation of the capacity of the profession, as the agency with the authority granted to the individual prescribed at paragraph 3 Article 148 of this Law has sufficient expertise and career experience in the field of practice.

2. Individuals who are granted a certificate of building activity must meet the following conditions:

a) There is a level of expertise that is consistent with the event that offers the certificate of practice.

b) There is time and experience engaged in accordance with the content that offers the certificate of conduct;

c) The murder of the occupational experience and the knowledge of the law in relation to the field of practice.

3. The murder authority, the certificate of conduct of the construction activity specified as follows:

a) The specialized body of the Ministry of Construction has the authority to kill, the certificate of career-building activities;

b) The construction, social organization-the profession is eligible under the government's regulation of the authority to kill, the certificate of practice of building activities of the remaining divisions.

What? 150. Construction of the construction planning organization

1. There is sufficient capacity to establish the appropriate construction planning design.

2. The individual assumes the title of chair, presiding over the planning scheme of building planning evidence and capacity to be consistent with each type of construction planning.

What? 151. The condition of the organization, the investment project appraisal.

1. There is sufficient capacity to operate in accordance with the established work, the construction of the construction project investment project.

2. The individual assumes the title of dean, project appraisal; individual participants, the project appraisal must have the ability to practice in accordance with each type of construction investment project. The participant must be able to practice the project in accordance with the requirements of the construction investment project.

What? 152. The condition of the project management consulting organization, the project management project management investment project.

1. The construction of the construction project management advisory organization must meet the following conditions:

a) There is sufficient capacity to operate in accordance with scale project management work, project type;

b) The individual assumes the title of project manager, the person directly involved in the project management must have the appropriate expertise, which is trained, the business experience and certificate of action in accordance with the scale, type of project.

2. The construction project management project must meet the following conditions:

a) With the establishment decision of the agency, the organization has jurisdiction over the specialized construction project management Board, the Board of Investment Projects Management Board of Investment Projects or of the investment holder for the Project Management Board due to its establishment;

b) There is sufficient construction capacity capacity in accordance with the project management work on scale, type of project;

c) There is an organizational structure that is consistent with the project management task requirement; based, the office is stable;

d) Individuals who assume the title of project management, individuals directly involved in project management must have appropriate expertise, trained, working experience, and occupational certification in accordance with the scale, type of project.

What? 153. Construction of the survey organization

1. There is enough survey capacity.

2. Each of the construction survey missions must have a construction survey master built by the designated construction survey contractor. The builder of the building must have the capacity to conduct building surveys and proper practice certificates. Individuals involved in the construction of construction must have expertise in accordance with the assigned work.

3. The machine, the construction of the construction survey, must meet the requirements for quality, safety assurance for survey and environmental protection.

4. The laboratory serving the construction survey must be qualified by regulation and is recognized by the state governing body for public construction.

What? 154. The design of the design organization, the construction of construction design.

1. There is sufficient capacity to operate the design, the construction of construction design.

2. Individuals who assume the title of design, presiding over the design must have the ability to practice construction design and have a practice certificate in accordance with the requirements of the type, the process level.

What? 155. The conditions of the construction advisory organization construction construction work, construction testing.

1. There is sufficient capacity to match the construction of construction construction, construction testing.

2. Personal oversight of construction of construction construction, construction testing must have a job certificate in accordance with the work done.

What? 156. Conditions of the investment cost management consulting organization

1. There is sufficient capacity to operate the cost of building investment costs.

2. Personally presiding over the establishment, interrogation, and management of the cost of building investment must have a certificate of construction valuation.

What? 157. Construction of the construction work organization.

1. There is sufficient capacity to operate the construction work that corresponds to the type, the construction level.

2. The field commander has the ability to practice construction work and certificate enforcement.

3. There is a construction device that meets the safety and construction quality requirement.

What? 158. The condition of the individual practice independently

Individual practice independent planning construction planning, construction survey, construction design design, construction survey monitoring, construction construction project construction, construction pricing must meet the following conditions:

1. Have registered activities of fields in accordance with the practice content;

2. There is evidence of practice and capacity in accordance with the work done.

What? 159. Managing and monitoring building capacity

1. The organization participating in the construction operation is responsible for registering information about its construction capacity with the Ministry of Construction, the Building Department where the organization's headquarters are located.

2. Individuals who practice independently in the construction operation are responsible for registering information about their own practice with the Department of Permanent Building.

3. The Ministry of Construction, the Construction Department is responsible for the registration of the registration of the organization 's construction capacity information, the individual' s practice competability to post on the electronic information page due to its management; inspection, breach of violation in the acceptance of operations. regulation of the operational capacity conditions of the investment owners, organizations, individuals engaged in construction activities.

4. The investment owner in charge of the inspection, evaluation of the prescribation of construction capacity, the construction capacity of the tender contractor in accordance with the requirements of the bid and information about the construction activity capacity has been registered as stipulated at this Article. Hey.

CHAPTER IX

THE RESPONSIBILITY OF MANAGING THE CONSTRUCTION INVESTMENT OF THE STATE AGENCIES.

What? 160. State Management Content on Building Investment Operations

1. Build and direct the implementation of strategies, projects, planning, construction and construction development plans.

2. The Executive Board and the Organisitor of the Law on Building.

3. Build and enact standards, the technical standard of construction.

4. Organization, management of construction planning, project management activities, project appraisal, construction design; enacted, publication of the norms and construction prices.

5. Guide, check and evaluate the implementation of the construction quality management work; management of construction investment costs and construction contracts; construction capacity management, implementation of bidding work management in construction activities; Safe management, sanitation, environmental protection, construction work.

6. Level, license recall, certificate, certification in building investment activity.

7. Check out, inspect, resolve the complaint, denounce and dispose of the breach in the construction investment operation.

8. Research Foundation, scientific application, technology, disseminology, construction law.

9. Human resource training engaged in construction investment.

10. Manage, provide the information that serves the construction investment.

11. Manage, store construction profile.

12. International cooperation in the field of construction investment.

What? 161. Government responsibility.

1. Unity of state management of investment activity within the country; the direction of construction and implementation of strategy, plans, and promulgation of legislation on construction.

2. Directed by ministries, sector, local practice of construction legislation; division, allocation of state management for ministries, sectors, localities; directors addressing important, complex problems in the management of building investment operations.

What? 162. The responsibility of the Ministry of Construction

The Ministry of Construction is responsible to the Government to implement the unification of the state in the construction of construction and responsibility of the following:

1. Construction Chair, Government, Prime Minister of the Government of the Office of the Government of the United States, the Government of the Government of the Office of the Government of the Office of the Government of the United States, the Prime Minister of the Office of the Government of the United States, the government of the Government of the United States,

2. Board and organization implementing legislation of law under the authority on construction; the board of national technical standards on construction, promulgation of technical instruction-building texts.

3. Organization, construction planning management, project management activities, project appraisal, construction design; enacted, publication of the norms and construction prices.

4. Directed, guide, test and evaluate the implementation of the construction quality management work; track, test, quality and safety processing and safety of national key works, large scale works, complex engineering in the field, and the management of the public. the construction and extraction process used; management of construction investment costs and construction contracts; construction capacity management, implementation of bidding work management in construction activities; organization and review of the quality of work quality awards. Built.

5. Level, reorder, adjust, renew, revoking the license, certificate, certification in the investment-building investment activity.

6. Check out, inspect, resolve the complaint, denounce and dispose of the breach in the construction investment operation.

7. Research Foundation, scientific application, technology, disseminology, construction law.

8. Organization for training, professional fostering on construction activities for cadres, the civil service of the state governing bodies of construction.

9. Guide, check, evaluate the implementation of safety management, labor sanitation, environment in construction construction.

10. Coordinate with the ministries, the sector, the local relevant in the examination, evaluate the implementation of the projects.

11. Manage, provide the information that serves the investment in construction.

12. Manage, store construction profile.

13. International cooperation in the field of construction investment.

14. Other tasks on building investment activities are delivered by the Government.

What? 163. The responsibility of the ministries, the horizontal body

1. The Department of Public Building Management within its jurisdiction is responsible for the following:

a) Coordinate with the Ministry of Construction to implement state management of the building investment activity and is responsible for the quality management of the specialized construction work in accordance with the provisions of this Law;

b) enacted studies, guidelines, examination of the implementation of standards, standards, economic norms-specialized engineering after the unification of the Ministry of Construction; the training organization, professional fostering of building investments for cadres, public of the agencies, the unit of subordination;

c) Track, examination and aggregation of the situation implementing an investment assessment of the construction of a specialized work within the regulatory scope under the rule of law;

d) Coordinate and support ministries, agencies, other relevant organizations, and the People's Committee in the process of implementing specialized construction projects on matters of its management.

2. The ministries, peer-to-peer agencies are in charge of the following:

a) Perform the function of state management under the mandate, the powers to be assigned; enacted text by jurisdiction; the direction of the organization to implement construction planning, construction investment plans; the organization of instruction, inspection, handling of the law violation in operation. It ' s an investment in construction.

b) Coordinated with the Ministry of Construction, agency, other relevant organization, and the People's Committee of the ranks in the process of implementing a constructive investment activity on the issues of the assigned management scope;

c) The synthesis of the situation, implementation, examination, evaluation of the investment activity and responsible for the management of the quality of construction work of the assigned management scope;

d) Perform the periodic and annual reporting on the situation that manages its construction portfolio to send the Ministry of Construction for synthesis, tracking; and

There are other tasks under the rule of law.

What? 164. The responsibility of the People ' s Committee

1. The Provincial People ' s Committee is responsible for the following:

a) The implementation of the state management of the investment activity on the site by the Government; enacted text by jurisdiction; the direction of the organization to implement construction plans, construction investment plans; the organization of instruction, inspection, oversight, handling, and construction. a violation of the law in the investment of construction;

b) Coordinate and support ministries, other peer-to-peer agencies organization implementing, tracking, testing and monitoring of construction projects on the site due to their management. Responsible for the management of the construction work quality of the assigned management range;

c) Implemucing the periodic and annual report on the local construction investment management situation sent the Ministry of Construction for aggregation, tracking; and

d) Training organization, career fostering on construction investments for cadres, officials of the agencies, units of subordination;

There are other tasks under the rule of law.

2. The District People ' s Committee, the township is responsible for the following:

a) The implementation of the state management of investment activity on the site by hierarchy; organization of training, professional fostering of construction investments for cadres, officials of the agencies, units of subordination;

b) Coordination, support for the People's Committee on the organization to implement, track, test, and monitor investment projects built on the site due to its management. Responsible for the management of the construction work quality of the assigned management range;

c) Implemucing the periodic and annual report on the local construction investment management situation sent by the local People's Committee on aggregate, monitoring;

d) Perform other tasks by law.

What? 165. Construction Inspector

1. Construction Inspector of the Ministry of Construction, Construction Department performs administrative inspector function and specialized inspection of construction on the organization, individuals engaged in the construction of construction investments.

2. The Ministry of Construction is responsible for directing, the organization that performs specialized inspectors on building investment activity within the country. The Construction Department is responsible for the organization of specialized inspection of local construction investment.

3. Professional inspectors in the construction of construction include:

a) Inspects the enforcement of the law of the agency, the organization, the individual in the investment of construction;

b) The detection, prevention and disposal of authority or petition of the state agency has the authority to dispose of the laws of construction.

4. The government regulates the details of the construction inspector.

CHAPTER X
EXECUTION CLAUSE

What? 166. Transfer clause

1. The construction investment project has been approved before this Law Day is in effect, not reapproval, the subsequent activities that have not been implemented in accordance with the provisions of this Law.

2. The investment project management Board building a project using state capital established prior to this Law effective date is not to convert the organizational form of project management under regulation at paragraph 1 and paragraph 2 Article 62 of this Law.

3. The work built before the time of this Law has the effect that exists in accordance with the construction planning but after the unsuitable clearance of architecture is allowed to exist under the status quo; the case of renovation, repair, upgrade, and construction. The procedure must be done according to the rules of this law.

4. The government regulates this.

What? 167. Performance Performance

1. This law took effect from 1 January 2015.

2. Code building 16 /2003/QH11 and Article 1 of the Amendment Law, which adds some of the provisions of the laws relating to the digital building investment. 38 /2009/QH12 The enforcement of this law is effective.

What? 168. Detailed rules

The government, the authorities have the authority to rule out the details, the paragraph assigned to the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the 7th session through June 18, 2014.