Decree 12/2009/nd-Cp: About The Project Management Of Construction Works

Original Language Title: Nghị định 12/2009/NĐ-CP: Về quản lý dự án đầu tư xây dựng công trình

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law building on November 26, 2003;

Considering the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. The scope of application of this Decree Law enforcement guidelines build on established, appraisal, approval of investment projects in construction; the project construction works; conditions of the capacity of the Organization, individuals in construction activity.

The preparation, appraisal, approval of investment projects in construction capital source use official development assistance (ODA) is done according to the provisions of the law on construction and legislation on the management and use of ODA.

Article 2. Project classification and state management for project construction 1. The project construction works (hereinafter referred to as the project) are classified as follows: a) according to the scale and nature: national important project review by the National Assembly, decisions on investment undertakings; the remaining projects are classified into 3 groups A, B, C as defined in annex I of this Decree;

b) As investment capital:-use of capital projects budget;

-Use of capital projects by the State credit guarantees, credit capital investment and development of the State;

-Use of capital investment projects development of State enterprises;

-Use of other capital projects including private capital or mixed use multiple sources of capital.

2. The investment construction must conform to overall planning the social-economic development, planning, building planning, ensuring security, social safety and environmental safety, in accordance with the provisions of the law of the land and other related laws.

3. In addition to the provisions in paragraph 2 of this Article, then, depending on the resources used for the project, the State also managed according to the following rules: a) for capital projects budget including the project component, the State manage the entire construction process from the identification of investment undertakings , projects, investment decisions, set design, estimation, selection of contractors, the construction until the trials, hand over and put the work into use;

b) for projects of the business use of capital by the State credit guarantees, credit capital investment of State capital and development of State enterprises, State administration of undertakings and investment scale. Businesses have the responsibility project implementation and project management of under the provisions of this Decree and the provisions of the relevant legislation;

c) for the use of other capital projects including private equity, investors decide the form and content of project management. For the mixed use project to many different sources of capital, the sides had agreed on the method to manage or administer prescribed capital has the percentage (%) the largest in total investment.

4. for national important project or project group A consists of many components, project if each project components can operate independently, extraction or follow the investment divergence, each component can be project management, implemented as an independent project. Dividing the project into component projects due to the investment decision.

Article 3. Owner building construction owner is the person who owns or is assigned people to manage and use the capital to invest in the construction of works include: 1. for projects using the State budget, the building owner due to the investment decision decided before the establishment of the project construction line with the provisions of the law on the State budget.

a) for the project by the prime investment decision, the owner is one of the agencies, the following organizations: ministries, ministerial agencies, government agencies, other central agencies (collectively referred to as The Agency), provincial people's Committee, the central cities (collectively, the provincial people's Committee) and State enterprises;

b) for projects by the Minister, The agency heads, the President of the people's Committee decision levels of investment, the investor is the unit of management, use of works.

Unspecified case management unit, use the process or management units, use the work does not qualify the owner then the person can communicate investment decisions for qualified unit invested. In the case of management units, use the work does not qualify the owner, then the unit will manage, use the works are responsible people involved with investors in the project, organization design, tracking, managing, collecting and receiving put works on tap , use;

c) cases not identified the owner as defined in point b of this clause, then the investment decision may be mandated for other units eligible investor or invested at the same time.

2. for projects using credit, the loan capital is invested.

3. With regard to the use of other capital projects, the owner is the owner of capital or is represented under the provisions of the law.

Article 4. Monitors, reviews for the investment projects of construction 1. State capital project uses over 50% of the total investment, they must be monitored, assessed the investment. For projects that use other capital, the monitoring, evaluation of investment due to the investment decision.

2. request and content monitoring, assessment of investment include: a) reviews the effectiveness, feasibility of the project;

b) oversight, reviews the implementation of the project by the owner according to the content has been approved by the authority and the observance of the regulations of the State of construction;

c) through the monitoring, assessment, detection of content arise, adjust and propose recommendations to the authority handling ensures the effectiveness, feasibility of the project.

3. Implementation, monitoring investment rating: a) Who decide to invest or authorized person responsible investment decisions organizations make monitoring, assessment of investment. Exclusively for the project by the prime investment decision, the Ministry of industry management held oversees implementation, reviews the investment. For the project by the Ministers, heads of Ministerial-level agencies, Chairman of the provincial people's Committee monitoring organization, reviews the investment must then report the implementation of investment projects submitted to the Ministry of planning and investment, reported the Prime Minister;

b) Ministry of planning and investment to guide the monitoring, assessment of investment projects; General supervision work, reviews of investment in the country, periodic reports from the Prime Minister.

Chapter II ESTABLISHMENT, appraisal, APPROVAL of INVESTMENT PROJECTS in CONSTRUCTION of article 5. Reporting construction investment (feasibility study report) and permission to invest 1. For important national projects, the owner must report the construction investment Congress review, decisions on investment undertakings. For other projects, the owner is not reporting investment.

2. investment report content built works include: a) the need to invest in the construction works, the favorable conditions and difficult; the mode of exploitation and utilization of national resources if available;

b) expected the scale of investment: capacity, building area; the categories of works under the project; expected construction of the location and needs of land use;

c) analysis, the choice of technology, specifications; the conditions for providing materials and equipment, raw materials, energy, services, technical infrastructure; approach clearance, resettlement if available; the effects of the project on the environment, ecology, fire prevention, security, Defense;

d) investment form, determine the total investment, the duration of the project, financing projects under progress and socio-economic efficiency of projects and investment if there is divergence.

Article 6. Project construction investment (feasibility study report) 1. When the construction works, the owner must be held up investment projects and the people decided to invest the appraisal, approval, except in the following cases: a) works only requires reporting of technical-economic construction of the provisions of article 13 paragraph 1 of this Decree;

b) The construction of individual houses is prescribed in clause 5 Article 35 of the law on construction.

2. Content of the project cover the presentation according to the provisions of article 7 and the design of the facility as defined in article 8 of this Decree.

3. With respect to the project are not in the industry plan was approved by the authority, the owner must report The industry or local management under decentralized to consider additional planning approvals under the authority or the Prime Minister approves planning supplement before project construction investment.

The location, the scale of construction must conform to the building plan was approved by the authority. The case of the project not yet in construction planning, the location, the scale of construction must be the provincial people's Committee approved in writing with respect to the project group A or the opinion approved by the competent authority for approval of the master plan for the project group B C. the time reviewed, approved regarding the planning or planning to build no more than 15 working days.

Article 7. The content part of the investment project of construction 1. The need and investment objectives; reviews of market demand, the consumption of the product with regard to production and trading projects; the competitiveness of the product; social impact for the local area (if available); This form of construction works; location of construction, land use needs; conditions of supply of raw materials, fuels and other inputs.

2. Description of the scale and construction area, the category of works under the project; analysis of technical options, technology and capacity.

3. The solutions implemented include: a) general approach clearance, resettlement and support projects to build infrastructure if available;

b) the architectural design for the works in urban and architectural request works;

c) mining project approach and use of labour;


d) segment done, progress and project management forms.

4. environmental impact assessment, fire solutions, fire and security requirements, defense.

5. The total cost of the project; possibility of arranging, funding and funding possibilities under the schedule; repayment plan for the project that requires the withdrawal of capital and analysis of financial-economic efficiency, social efficiency of the project.

Article 8. Basic design content of project construction investment 1. The basic design is design to be implemented during the period of establishment of the investment project of construction works on the basis of the chosen design approach, ensuring Express are the specifications mostly consistent with the standards, the standards to be applied, as a base to develop the next design step.

Basic design content includes captions and section drawings.

2. the theory of intelligent design basis includes the content: a) the brief construction location, design; of ground works, or works online approach for track construction; the location, the scale of construction projects; the connection between the projects in the project and with the technical infrastructure of the area;

b) technology projects, technological lines for the work required technology;

c) architecture for projects requiring works of architecture;

d) structural approach, systems engineering, technical infrastructure primarily of works;

DD) approach to environmental protection, fire department, fire under the provisions of the law;

e) directory of mostly standards, standards are applied.

3. the basic design drawings include: a) drawings of the premises buildings or drawing the average map online approach works for the construction under online;

b) site map technology, the drawing technology for the process that required technology;

c) drawings for architectural projects of works architectural requirements; 

d) drawings of the main structural approach, systems engineering, the technical infrastructure of the buildings, connected with the technical infrastructure of the area.

Article 9. Profile of investment project appraisal process construction process records investment project construction including: 1. the project assessment Sheet according to the model in annex II attached to this Decree.

2. The project includes presentation and design.

3. The relevant legal texts.

Article 10. Competent appraisal of investment projects construction 1. The decision of responsible investment project appraisal organization before approval. Focal project appraisal is the unit directly under the professional-level investment decisions. Clue unit responsible for project evaluation comments on design basis of State management bodies as defined in paragraph 6 of this Article and comments related agencies to appraise the project. Investment decisions people can hire consultants to verify that a part or the whole content specified in paragraph 1, paragraph 2 article 11 of this Decree.

For the projects that have been granted or authorized the investment decisions are decentralized or authoritative decisions of responsible investment project appraisal organizations.

2. The Prime Minister established the Council of State assessment of the investment project to organize the evaluation project by the prime investment decisions and projects if necessary. Minister of planning and investment is the President of the Council of State assessment of the investment project.

3. for projects using the State budget: a) The Agency held its project appraisal for investment decision. Focal organized project appraisal is the professional units directly under the investment decisions;

b) provincial people's Committee held its project appraisal for investment decision. The Department of planning and investment is the focal project appraisal organizations.

The people's Committee at district level, the social organization of project appraisal investment decisions by themselves. The clue is the project appraisal function budget plan management directly under the investment decision.

4. for other projects, the people decided to invest himself held project appraisal.

5. for projects of a particular construction, the project appraisal made in accordance with the Decree of the Government on the management of investment in a particular building.

6. The evaluation of the basic design is done simultaneously with the evaluation of project investment, not private evaluation organisations.

The State authorities have a responsibility to join the opinion of the basic design: a) The management of specialized construction works for important national project, the project group A;

b) management of specialized construction work for the project group B, Group C.

The Ministry of construction issued the circular specifies the jurisdiction and responsibility of taking comments on the basic design of the agencies mentioned above.

7. project evaluation period, calculated from the date of receipt of a valid application, specifically: a) for important national projects: project appraisal period not exceeding 90 days;

b) for A group project: project appraisal period not exceeding 40 days;

c) for the Group B project: project appraisal period not exceeding 30 days;

d) for Group C project: project appraisal period not exceeding 20 working days.

Article 11. Content evaluation of investment projects in construction 1. Consider the factors that ensure the effectiveness of the project, including: the need for investment; the inputs of the project; the scale, capacity, technology, time, the progress of the project; financial analysis, total investment, socio-economic efficiency of the project.

2. Consider the factors that ensure the viability of the project, including: the fit with planning; land use needs, resources (if any); clearance ability, the ability to mobilize capital to meet the progress of the project; the management experience of the owner; the ability to repay the loan; fire solutions, fire; the factors affecting the project as defense, security, the environment and the other rules of a relevant law.

3. Consider the basic design including: a) the suitability of the design basis with detailed planning or construction of premises to be approved; the suitability of the design of the facility with the selected works online approach for track construction; the suitability of the design basis of the location, the scale of construction and the planned targets were approved for construction in the region do not yet have detailed planning approved construction;

b) conformity of the connection with the technical infrastructure of the area;

c) affordability of technology, technological lines for the work required technology;

d) the application of the standard rules, standards of construction, environment, fire, fire;

DD) conditions the capacity building activities of the advisory organization, capacity of practice of individual design basis according to the rules.

Article 12. The Authority decided to invest construction 1. For projects that use State budget: a) the Prime Minister decided to invest in projects of national importance under the resolution of the National Assembly and other important projects;

b) Minister, heads the Ministry decided to invest in the project group A, B, C. Ministers, heads of Ministerial-level agencies authorized or decentralized investment decisions with respect to the project group B, C for the direct subordinate agencies;

c) people's Committee Chairman granted the project investment decision Group A, B, C in the range and the ability to balance the budget after the passage of the local people's Councils of the same level. Chairman of the provincial people's Committee, authorized district-level or decentralized investment decisions with respect to the project group B, C for the direct subordinate agencies;

d) depending on the specific conditions of each locality, the Chairman of the provincial people's Committee of the specific regulations for the people's Committee Chairman at district level, the level was decided to invest in projects that use the funding support from the budget.

2. The use of other capital projects, mixed capital investors decide to invest and take responsibility.

3. Who has the authority to decide on investment only be decided when the project appraisal. Exclusively for the use of credit capital projects, capital lending organisation evaluation of financial plans and repayment schemes to approve loans or no loans before authorities decided to invest.

4. investment decision content construction according to the model in annex III of this Decree.

Article 13. Economic report-engineering works 1. When construction of the following buildings, the investor does not have to establish the project construction works that only economic report-construction techniques to process the approved investment decisions: a) buildings for religious purposes;

b) The new construction, repair, renovation, upgrading, has a total investment of under 15 billion (not including land use money), in accordance with the master plan of socio-economic development, planning, building planning; unless someone decides to invest the necessary and required to establish investment projects in construction.

2. The content of the technical-economic report of construction works done according to the provisions in paragraph 4 to article 35 of the law on construction.

3. Who has the authority to decide the investment specified in article 12 of this Decree are responsible for organizing economic report-evaluation of engineering construction and investment decisions.

4. The owner is responsible for the organisation of design evaluation and estimation of construction drawings to the investment decision to approve technical-economic report.

Article 14. Adjust the project construction investment 1. Project construction are adjusted when there is one in the following cases: a) is affected by a natural disaster such as an earthquake, hurricane, flood, floods, tsunami, champion graphics or other unforeseen events;

b) appears the elements bring greater efficiency to the project;

c) When planning to build changes directly affect the location, scale, nature and objectives of the project;

d) due to the volatility of the price of raw materials, fuels, materials, the exchange rate for the foreign currency or use of capital by the State issued the new policy regime, have rules been changed by construction investment prices.


2. When adjusting the project to alter the location, scale, or exceed project objectives total investment has been approved, the owner must report the decision of investment decisions. Project adjustment case does not alter the location, scale, target and not exceeding the total investment, the investor is allowed to manually adjust the project. The content of the change must be appraised.

3. Decide to adjust the project construction works have to be responsible before the law for his decision.

Article 15. Examination architecture design construction 1. Encourage the examination of design architecture for building construction has required about architecture.

2. for public works are large-scale, require particular architecture then people decided to invest decide the examination or selection of architectural design scheme optimization in response to landscape, the landscape of the town.

3. The author of the chosen architectural design are guaranteed the rights of authors, chosen to direct negotiations, signed a contract to implement the investment project of construction and building design as author of architectural design projects are eligible under the regulations; the case of the author of architectural design approach do not qualify the capacity it can with design organizations are eligible for the contract with the owner. If the author of the architectural designs are selected refuse to implement the investment project construction and building design, the owner held other contractors selected under the provisions of the law.

Chapter III IMPLEMENTATION of INVESTMENT PROJECTS in CONSTRUCTION of Item 1. CONSTRUCTION DESIGN of article 16. The construction design of step 1. Construction design consists of these steps: basic design, design, engineering, construction drawing design and other design steps according to international practices by people who decided to invest when the decision approving the project.

a basic design) are specified in clause 1 article 8 of this Decree;

b) design engineering is designed to be implemented on the basis of the basic design of investment projects in construction is approved, guaranteed Express is full the specifications and materials used in accordance with the standard rules, the standards to be applied, as a base to deploy construction drawing design step;

c) construction drawing design is design ensure expressing the specifications, materials used and structural details in accordance with the standard rules, applicable standards, ensure qualified to implement the construction works.

2. Project construction can consist of one or more types of works with one or more different work levels. Depending on the scale, the nature of the specific works, the design of the building is made one step, two step or three steps as follows: a) a step design is the design of construction drawings that are applicable to the work only economic reports-construction techniques. In this case, the step design, technical design and step by step construction drawing design included a step and called the construction drawing design.

For the case of a step design, can use design patterns, design by competent State agencies issued to implement the design drawing;

b) two step design including design steps and base construction drawing design steps are applied for regulations to work projects except the works specified in point a, point c of this paragraph. In this case, the technical design stage and construction drawing design steps are combined into a single step and called the construction drawing design step;

c) designed three steps include step by step, the basic design and engineering drawing design steps are applied for regulations to work projects. Depending on the complexity of the process, the implementation of the three-step design due to the investment decision.

 The case made two or three-step design step, then the next step is designed to match the design of the previous step was approved.

3. The owner is responsible for held up construction design, the case of qualified owner shall be designed, where the owner does not have enough capacity for the Organization to hire consultants. Particularly for the case of three-step design, the contractor can be delivered set construction drawing design when there is sufficient capacity in the prescribed conditions.

Article 17. Profile design, construction estimation 1. Profile design was created for each presentation works include design, the design drawings, survey construction materials, maintenance works, construction estimation.

2. Profile design construction must be stored in accordance with the law on archives.

Article 18. Appraise, approve the design, engineering, construction drawing design 1. Appraise, approve the design for the case of a three-step design) for technical design: investors organize due diligence, approval of the technical design. Results appraisal, approval of the technical design is expressed in writing, including the following:-the suitability of the technical design with the basic design;

-The solution of logical structure;

-The compliance with the standards, building standards are applied;

-Reviews the level of safety works;

-The reasonable of the selection of lines and equipment for works that required technology;

-Compliance with environmental regulations, fire, fire.

The owner can rent assessment advice part or all of the content on to as the basis for the evaluation. Assessment results are expressed in writing.

b) for construction drawing design: design drawing must be the owner or authorized agent of the owner to confirm by signature and stamp approval on the drawing before execution. The owner can hire a supervising the construction drawing design test execution and validation in a draw before approval.

2. Evaluation, approval of construction drawing design for the case of two step design and design a step a) for the case of two design steps, the owner held the appraisal, approval of construction drawing design. For the case of a design, the owner held design drawing to the approved investment decisions along with technical-economic report building.

b) content evaluation of construction drawing design is implemented as defined in art. 1 of this article.

c) The stamp of confirmation before making a drawing constructed as specified in point b of paragraph 1 of this article.

3. The cost of the appraisal, assessment building construction design is calculated on the total investment, the construction estimates.

Section 2. BUILDING PERMIT article 19. Construction permit 1. Before the construction works, the owner must have a building permit, except in the case of construction works: a) works under the State secret, construction works on the orders of an emergency, temporary structures serving major construction;

b) construction work by not going through the municipality, but in accordance with approved building plans, works in construction investment projects were the competent State agencies;

c) construction project in the urban area, industrial zones, export processing zones, hi-tech zone, planned residential construction details rate 1/500 was the competent State agencies;

d) works to repair, renovate, equipment installation inside does not change the architecture, bearing and structural safety of the buildings;

DD) technical infrastructure works in small scale in remote areas region;

e) individual housing in remote areas not belonging to the municipality, not in concentrated population points; individual houses in the rural settlement planning yet have built browser.

2. The construction of individual houses, Buildings Department has announced the planned construction of approved but not yet implemented, only temporary construction licence has timelines according to the time limit for implementation of the master plan.

3. license conditions of construction works in the municipality made according to the provisions of article 65 of the law building. The rights and obligations of applicants licensed building made according to the provisions of article 68 of the law building.

4. Building permit according to the model specified in annex VI to this Protocol.

Article 20. Application for construction permit and urban housing application for construction permit include: 1. An application for a license to build according to the model in annex IV attached to this Decree. The case please license the makeshift building has a time limit then in application level building permit have to have committed itself dismantling works when the State made the clearance.

2. a copy of the papers on land use in accordance with the law.

3. Design drawings show the location of the premises, the cut, the main facade; using the Foundation of works; location or online works; the system diagram and technical connection points power supply, water supply, drainage, sewer. Particularly for works of repair, restoration requires a building permit, they must have the status image works.

Article 21. Application for a license to build the rural housing application for licensing in rural house construction including: 1. Application for a license to build the form in Appendix V attached to this Decree.

2. a copy of the papers on land use in accordance with the law.

3. The construction on the plot of land and the adjacent works if there is due to host in which self draw.

Article 22. Receiving application for license to build 1. Construction licensing agency has the task of receiving application for the building permit, based on the type of application for construction permit validity checks in accordance with article 20 or article 21 of this Decree.


2. Upon receipt of a valid application, the Agency granted a building permit must have a receipt, including the date paid results. A receipt was established 2 a, 1 a the Please license the build and the 1st a licensing agency in the building.

3. where the application for the building permit is not yet valid, the Agency issued a building permit to explain, guide to building permit applicants, additional records as prescribed. Complete time records are not calculated in the time limit granted a building permit.

Article 23. Issued building permit 1. The provincial people's Committee organized the construction license for the construction of special levels, level I; religious works; historic buildings-culture; monumental works, advertising, murals in the administrative boundary management by themselves; the works on the line, the axis of the main street in town; works of the project have foreign direct investment; the work of the project and other projects by the provincial people's Committee.

2. the people's committees at district level to license build the remaining buildings and individual houses in the municipality administrative boundary management by themselves, except the objects prescribed in paragraph 1 of this article.

3. the people's committees of communes to license individual housing construction in the rural settlement planning had approved construction in the territory of its administrative management.

Article 24. Adjust the building permit 1. When in need to adjust other construction design with content building permit has been issued, the investor must please adjust a building permit before construction works according to content adjustments. Construction licensing agency is the agency competent to adjust building permit ensure proper planning of construction and be responsible for the content that allows tuning. The content adjust building permit are additional "extension, adjustment" in the building permit has been granted.

2. Application for a building permit adjustments include: a) an application for a building permit adjustments;

b) original building permit has been issued;

c) adjust design drawings.

3. The time limit for considering the slow building permit adjustment for is 10 working days from the date of receipt of a valid application.

Article 25. The responsibility of the licensing agency building 1. Listed conditions, sequence and the procedure for granting a building permit at the Agency headquarters licensing construction.

2. Provide written information regarding building permit when required by the building permit applicants. The time limit for providing information is slow as 7 working days from the date of receipt of the request.

3. the opinions of relevant agencies when necessary to clarify information in order to serve the construction permit.

Within 10 working days from the date of receiving the written consultation, the organizations asked answering responsible comments in writing to the licensing agency building. So the time limit on text if no answer then regarded as agreed and shall be responsible before the law for any consequences that occur due to the failure to respond or answer delay.

4. Granted building permit within a period not exceeding 20 working days from the date of receipt of a valid application. For individual houses, the building license period not exceeding 15 days from the date of receipt of a valid application.

5. Be responsible before the law and damages caused by the wrong license or permit slow compared with the time limits prescribed in clause 4 of this Article.

6. In collaboration with the people's Committee of social level where there is construction work check the implementation built under license and violation processing as specified. The case had decided to suspend the construction for which the person was licensed to build fail then revoke the building permit and transferred for disposal authorized under regulations.

7. to request the Committee to grant the people's communes where there is construction work informs the competent authority does not provide electric service, water, suspension of business activity for the service the false construction planning, unlicensed building or construction works are not true to the building permit was issued.

8. Resolved complaints, accusations about the granting of a building permit as prescribed by law.

9. Collect licensing fees to build according to the regulations.

10. do not specify individual organization design or set design units subordinated to make design for building permit applicants.

Article 26. Building permit renewal 1. Within a period of 12 months from the date of being granted a building permit which works have not yet commenced the construction permit applicants must apply for renewal of building permit.

2. an application for renewal of building permit include: a) the application to renew the licence;

b) original building permit has been granted.

3. time extension granted a building permit at the latest within five working days of receipt of a valid application.

4. the licensing authority is the body building building permit renewal.

Category 3. MANAGEMENT of CONSTRUCTION WORKS in article 27. Content construction management construction management of construction works including quality management, build management, construction progress, manage the volume of construction works, industrial safety management on the construction site, construction environmental management. Private construction quality management is performed according to the provisions of the Decree on the management of the quality of construction works.

Article 28. Manage the progress of the construction works 1. Construction works before deploying to be scheduling the construction. The progress of the construction works to be consistent with the overall progress of the project has been approved.

2. for the large scale construction and prolonged construction period, the progress of the construction works must be created for each stage by month, quarter and year.

3. the construction contractor is obliged to work scheduling the construction details, alternating layout combines the work needs done but be sure to match the overall progress of the project.

4. The owner, contractor, construction, supervision and relevant parties are responsible for monitoring, tracking the progress of the construction works and adjust the schedule in the case of the construction progress at some stage was long but did not affect the overall progress of the project.

The case found of the progress of the project was long, the owner must report the investment decision to decide the adjustment of the progress of the project.

5. Encourages the continued speeding up construction on the basis of ensuring the quality of works.

Cases of speeding up the construction of higher efficiency for the project, the contractor who built the reward under contract. The case stretched the construction progress of damage then the offending side must compensate for damages and breach of contract penalty.

Article 29. Manage the volume of construction works 1. The construction works must be done according to the volume of the approved design.

2. The volume of the construction are calculated, validated between the owner, the construction contractors, supervising over time or stage of construction and be reconciled with the volume of approved design to testing, payment under the contract.

3. When the volume incurred beyond the design, the construction estimation to be browsed, the owner and building contractor must look to handle. Private use of works for which the State budget, when masses arise in addition to the design, the construction estimation to do beyond the total investment, the investor must report the investment decision to review the decision.

Volume arising is the owner or the investment decision of approval, the approval is the basis for payment, settlement works.

4. Prohibiting the opening control, increase the volume or collusion between the parties leading to the wrong payment volume.  

Article 30. Safety management on construction sites 1. Construction contractor must establish safety measures for people and works on the construction site. Safety measures in cases involving multiple parties must then be agreed.

2. safety measures, safety rules have to be made public on the construction site so that people know and obey; the dangerous position on the right layout guide, alert to prevent accidents.

3. the construction contractor, the owner and the relevant parties must regularly monitor the work of construction site safety. When found to have violated labour safety to suspend construction. People to happen in violation of labor safety in the scope of its management must be responsible before the law. 

4. Building Contractor is responsible for training, guidelines, common regulations on labor safety. For some the work of strict labor safety, the workers must have the certificate of safety training. Prohibits the use of workers have not been trained and have been instructed on occupational safety.

5. the construction contractor is responsible for the fully equipped labor protection, labor safety regulations for workers when employers on construction sites.

6. When there are safety issues, building contractor and the parties concerned have the responsibility to organize the handling and reporting of State administration of safety according to the rules of the law at the same time responsible for remedy and compensation for the damage caused by the contractor does not guarantee safety.

Article 31. Construction environmental management 1. Construction contractor must implement the environmental guarantee measures for construction workers and protect the environment, including any measures against dust, noise, waste disposal and mop-up. For the construction work in urban areas, to implement the measures cover, clean waste brought to the right place.


2. In the process of transporting building materials, scrap must have shielding measures ensure the safety, hygiene and the environment.

3. the construction contractor, the owner must have the responsibility of monitoring the implementation check protection of the built environment, and subject to the supervision of the State Agency on environment. The case of the construction contractors do not comply with the rules on the protection of the environment, the owner, the management authority of the State of the environment has the right to suspend the construction and require contractors to implement environmental protection measures.

4. People to occur acts harming the environment during the construction works to be responsible before the law and compensation for damage caused by his fault.

Article 32. Demolition of buildings 1. The demolition works, construction works and parts are made in the following cases: a) the clearance;

b) works in danger of collapse endangering human life and surrounding buildings;

c) construction works in the area of construction as defined in item 1 article 10 of the law on construction;

d) portion of construction works or entire buildings with construction planning wrong, wrong with the building permit;

DD) other circumstances as stipulated by law.

2. The demolition of buildings to ensure the following principles: a) Have decided to demolition;

b) have prescribed dismantling;

c) ensuring safety for people and neighboring buildings;

d) ensure environmental hygiene;

DD) The demolition must be monitored to prevent the risks that can occur.

Item 4. The FORM of the INVESTMENT PROJECT MANAGEMENT in CONSTRUCTION of Article 33. The form of project management 1. The investment decision to decide the form of project management according to the provisions in paragraph 2 to article 45 of the law building.

2. in case the investor directly manage the project owner Project Management Committee established to help investors do manage projects. Project management the Organization has the capacity to perform project management duties at the request of the owner. Project management can hire management consulting, monitoring some parts work that project management does not qualify, the capacity to make but must be approved by the owner.

For small scale projects, simple have a total investment of under 7 billion, then the investor may not establish project management which uses his expertise to the management, project or hire someone who has the expertise and experience to help manage project implementation.

3. where the owner hires management consulting organization project, the advisory organization that must have qualified management organization capacity consistent with the scale, the nature of the project. The responsibilities and powers of the management consultancy projects are carried out according to the contract agreed upon between the two sides. Project management consultant was hired, individual counseling organizations join the management but must be approved by the owner and in accordance with the contract signed with the owner.

When applying this form of project management rental, the owner must still use the specialized units in his or assigned clues to check, monitor the implementation of contracts project management consultant.

Article 34. The duties and powers of the investor and project management in the event of the owner's project management board 1. The owner performs the tasks, powers since the preparatory phase of the project, the project to when collecting handed putting works into the harness used ensure the effectiveness, feasibility of the projects and compliance with the provisions of the law. Project management can be assigned multiple project management but must be approved by investment decisions and should ensure the principle: each project is not interrupted, and managed in accordance with the regulations. The delivery of tasks and authorization for project management should be reflected in the decision to establish a project management Committee. The owner is responsible for the direction, check and take responsibility for the results of the mission and powers of the Board of management of the project.

2. project management tasks by owner and owner powers authoritative. Project Management Board responsible to the owner and the law according to the tasks and powers is authorized.

Article 35. The duties and powers of the investor and project management advice in case the owner hired project management consultant 1. The owner performs the tasks, powers since the preparatory phase of the project, the project to when collecting handed putting works into the harness used ensure the effectiveness, feasibility of the projects and compliance with the provisions of the law. The owner is responsible for the selection and contracting of consulting organizations manage projects that qualify the capacity management organization to help investors manage project implementation. The owner is responsible for checking and monitoring the implementation of contracts project management consultant.

2. project management tasks and powers as agreed in the contract signed between the investor and project management advice. Project management consultant is responsible before the law and the owner on the implementation of the commitments in the agreement.

Chapter IV CONDITIONS for the CAPACITY of ORGANIZATIONS and individuals ACTIVE in the CONSTRUCTION of Article 36. General provisions on condition that the capacity of the Organization, the individual 1. Organizations and individuals when construction activities involved must be qualified with the appropriate capacity; the type, level and work according to the provisions of this Decree.

2. organizations and individuals participating in the following areas must be qualified on abilities: a) Established the project construction works;

b) project management of construction works;

c) planning design construction;

d) design construction;

DD) survey of building works;

e) construction works;

g) supervision of construction works;

h) specialized laboratory construction;

I) quality control of construction works;

k) certificate of eligibility ensure safe construction and bearing the certificate of conformity of the quality of construction works.

The capacity of organizations and individuals participating in the construction field operations mentioned above are expressed in the form of the certificate of practice or conditions on the capacity match with the job.   

3. Individuals involved in construction activities must have the qualifications, certificates match the work assumed by the legal institutions.

4. Individuals assumed the title Chairman of the projects of construction planning design, construction design; chaired the design; the Chairman of the building survey; construction supervision and independent practitioners perform the design work of building planning, design construction, monitor construction must have a certificate of practice under the rules. Individuals involved in the project manager must have professional certification of project management of construction works.

5. To ensure the quality of construction works, institutions, individuals in construction activities must qualify the capacity consistent with each package or the specific type of job.

6. Capacity-building activities of the Organization are defined according to the rank on the basis of the practice of building capacity of individuals in the Organization, experience, capability building activities, equipment and financial management capability of the organization.

The Ministry of construction established the system information about the capacity and activities of the Organization, building consultants, individual contractors construction activity within the country, including foreign contractor building activity in Vietnam.

7. The projects using the State budget, which by the State credit guarantees, credit capital investment and development of the State, the contractor technical design or set design drawing shall not be contracted supervising the construction works with the owner for his design works , the contractor overseeing the construction of not signing the contract with the construction contractors perform quality control of construction for its works supervision, unless the investment decision.

8. When selecting contractors to perform the work in construction activity, the owner must rely on the rules on the conditions of competence in this Decree and to be responsible before the law for the damage caused by the selection of the contractor do not qualify the capacity consistent with the work.

Article 37. The certificate of practice 1. The certificate of practice is the professional competence certificate issued to engineers, architects, have enough expertise and active professional experience in the field of construction planning design, building surveying, construction design, construction supervision.

2. The certificate of practice is regulated by the unified model and value within the country. The certificate of practice must state clearly the scope and areas are allowed to practice.

3. The certificate of practice in construction activity due to construction Department Director level. Director of construction Department decided to set up the Advisory Council helps building Facility Manager certification practice in construction activities according to regulations.

Article 38. Conditions of certificate of practice of architects Who are practising certificate the architect must have a university degree in architecture or planning to build, with experience in design work a minimum of 5 years and has been involved in architectural design at least 5 works or 5 construction plan is approved.

Article 39. Conditions of certificate of practice of Engineers Who are professional level engineers must have university degrees in specialized practice areas fit please register, have experience in the field of registration for at least 5 years and have participated in the survey design or at least 5 works.

Article 40. Conditions of certificate of practice supervision of building works


1. The certificate of practice supervision of building works must have university degrees in accordance with the field of practice registered; were directly involved in the design or construction of 3 years or more or at least 5 works or have experience overseeing the construction of buildings 3 years ago when the construction Law in force; the class has passed professional training supervision of the construction.

2. For those who have a college degree, intermediate in specialization fits, was directly involved in the design or construction or supervision of construction works for at least three years, took over the class professional training construction supervision certificate of practice supervision of building works. This certificate can only be used to carry out surveillance for grade IV.

Article 41. Conditions of the capacity of the Chairman of the project 1. The capacity of the Chairman of the project are divided into two types according to the class of works. The Chairman of the project to the University level in accordance with the nature and requirements of the project and meet the conditions corresponding to each of the following: class a) 1: continuous time working a minimum of 7 years project, already is the Chairman established a project group A or group B of the same project or is the Chairman of first class design 1 with respect to the work of the same kind;

b class: time) is continuously working on projects to a minimum of 5 years, was established as a project group B or group C project 2 of the same kind or was Chairman of the class design and over for the same type of work;

c) particularly for remote areas, these individuals have associate, intermediate in specialization matching type project, time has constantly working on project, a 5 year minimum design shall be recognized as 2nd class project.

2. scope of activities: a) the # 1: be made Chairman of the project for national important project, the project group A, B, C of the same kind;

2 Class b): be as Chairman of the project for projects in the Group B, C of the same kind;

c) for individuals not yet rated was made Chairman of the established economic report-engineering works of the same kind; If did the Chairman 5 economic report-construction technique, was made Chairman of the project group C of the same type.

Article 42. The Organization's capacity in terms of consulting project planning 1. The capacity of the project consulting organization are classified into 3 grades according to the type of project, as follows: a) 1: at least 20 people are architects, engineers, economic engineers fit the requirements of the project; in which the person is eligible to make the Chairman of the project's class 1 or class design works of the same kind;

2 Class b): at least 10 people are architects, engineers, economic engineers fit the requirements of the project; in which the eligible owner class or project owner class design works of the same kind.

2. scope of activities: a) 1: set an important national project, the project group A, B, C of the same kind;

b) project was created to runner-up Group B, C of the same kind;

c) for organizations not yet eligible to be rated only established technical-economic report of the work of the same kind.

43 things. Conditions of the capacity of the Director of the project management consultant 1. The capacity of the Director of the project management consultants are classified into 3 grades according to the type of project. Director of project management degree in University specialized in construction match the requirements of the project, certified project management professional and meet the conditions corresponding to each class below: a) Director of project management, class 1 : continuous time working on the design, the construction of a minimum of 7 years, had the Director or Deputy Director of project management a project group A or group B of the same project or have a construction Chief, class 1 or class design;

b) Director project management consultant: the time class is continuously working on the design, the construction of a minimum of five years, was the Director or Deputy Director of project management a project group B or group C project 2 of the same type or have a construction Chief, class 2 or class design;

c) for remote areas, those with college degrees or specialized in the building match type works, have experience in project work or the design or the construction of a minimum of 5 years was Director of project management consulting.

2. in case the investor established project management, the project manager must have a university degree in the specialization appropriate, certified project management professional and have professional work experience of minimum 3 years. Private project for Group C in remote areas, the Director of project management can have a college degree or specialization in the match and have professional work experience of minimum 3 years. The owner can send in to his staff or hire people who meet the above mentioned conditions do project management Director.

3. scope of activities: a) 1: project management is important to the country, the project group A, B, C;

2nd class: b) is a project management group B, C;

c) for individuals not yet rated managed only economic reports-civil engineering works; If has managed 5 economic report-construction techniques, is Group C of the project management of the same type.

Article 44. Conditions of the capacity of the Organization as consultant project management consultant 1. The capacity of the Organization to project management are classified into 3 grades as follows: 1st class:-have a) Director of project management, class 1 match project type;

-Have a minimum of 30 architects, engineers, economic engineers fit the requirements of the project in which at least three economic engineers;

-Has made at least 1 project management group A or group B 2 project of the same type.

2nd class:-b) has a Director of project management, class 1 or class 2 consistent with the type of project;

-Have a minimum of 20 architects, engineers, economic engineers fit the requirements of the project in which at least two economic engineers;

-Has made at least 1 project management group B or group C two projects of the same kind.

2. scope of activities: a) 1: project management is important to the country, the project group A, B, C;

2nd class: b) is a project management group B, C;

c) not qualified organizations rated made economic report management-construction techniques.

3. With regard to management consulting organization project not yet eligible, if the project manager has done at least 5 reported technical-economic construction is done project management group C.

Article 45.  Conditions of the capacity of the Chairman of the building survey 1. The capacity of the Chairman of the survey are classified into 3 grades as follows: a the first class: certificate) practicing engineers, was Chairman of at least 1 task of surveying the work level I or over or have the owner 5 survey mission grade II;

b class: certificate) practising engineers, was Chairman of at least 1 survey mission of grade II or 3 mission survey of grade III or participated in at least 5 survey mission grade II.

2. scope of activities: a) the # 1: be made Chairman of the survey of grade, level I, level II, level III and level IV of the same kind;

b) 2: Class be made Chairman of the survey of level II, level III and level IV of the same kind;

c) for surveying the terrain, the Chairman of the survey be made Chairman of the survey the kinds of scale.

Article 46. The Organization's capacity in terms of consulting when building survey 1. The Organization's capacity building survey are classified into the following: class 2, class a):-at least 20 people as engineers to fit the requirements of the survey mission, in which the eligible owner class surveys;

-Have sufficient appropriate equipment with each type of survey and laboratory standards;

-Has made at least 1 survey mission of the particular supply or level I of the same type, or 2 the task of the survey of grade II of the same type.

b) 2: Class-at least 10 people as engineers fit the requirements of the survey mission in which the eligible owner survey, class 2;

-Survey equipment enough to make each type of survey;

-Has made at least 1 survey mission of the grade II of the same type or 2 tasks survey of grade III of the same type.

2. scope of activities: a) the # 1: made the task of the survey of grade, level I, level II, level III and level IV of the same kind;

2 Class b): made the task of surveying the work level II, level III and level IV of the same kind;

c) for surveying the terrain, only the class survey organization 1 and 2 new surveys made the kind of scale.

3. for organizations building survey is not yet eligible to be rated, if made at least 5 duty to survey the construction of grade IV then made the task of building survey of grade III of the same type.

Article 47. Conditions of the capacity of the Chairman of the construction design 1. Chairman of the construction design is separated into two grades as follows: 1st class:-have a) professional architects, engineers fit the work assumed;

-Is the Chairman of design at least 1 grade or level I or level II works of the same type 2 or did chaired the design 1 of 3 field grade or level I of the same type.

2nd class:-b) Have professional architects, engineers fit the work assumed;

-Is the Chairman of design at least 1 grade II or grade III 2 of the same type or did chaired the design's main areas of expertise 1 3 level II works of the same kind.

2. scope of activities: a) the # 1: be made Chairman of the design grade, level I, level II, level III and level IV of the same type and project group A, B, C of the same kind;

2 Class b): be as Chairman of the public works design level II, level III and level IV of the same kind and made Chairman of the project group B, C of the same type.

Article 48.  Eligibility the capacity of host construction design 1. Chaired the design construction are classified into 3 grades as follows:


Class 1: a)-Have professional architects, engineers fit the work assumed;

-Did chaired the design expertise of at least 1 grade or level I or level II work 2 of the same type.

2nd class:-b) Have professional architects, engineers fit the work assumed;

-Did chaired the design expertise of at least 1 grade II or grade III 2 of the same type or has participated in the design of 5 works of the same kind.

c) particularly for the remote areas, the individual has a college degree, intermediate in specialization matching type works, time has constantly working on a 5 year minimum design then made chaired the design grade III, grade IV, except for the required work done check qualified certificates, secure good strength according to the regulations.

2. scope of activities: a) the # 1: made chaired the design the same professional field grade, level I, level II, level III and level IV;

2 Class b): made chaired the design areas of expertise work together to level II, level III and level IV.

Article 49. Capacity condition of the Organization consulted when designing construction 1. The capacity of the Organization to build design consultants are classified into 2 categories by class works as follows: a) 1: Class-at least 20 people are architects, engineers in the appropriate disciplines in which qualified people do head of construction design, class 1;

-Have enough chaired first class design of the Department of public works in the same category;

-Has designed at least 1 grade or level I or level II work 2 of the same type.

b) 2: Class-at least 10 people as the architect, the engineer in the appropriate disciplines in which qualified people do head of construction design, class 2;

-Have enough chaired first class design of the Department of public works in the same category;

-Has designed at least 1 grade II or grade III 2 of the same type.

2. scope of activities: a) 1 Class: designed special supply, level I, level II, level III and level IV of the same kind; National important project, the project group A, B, C of the same kind;

2 Class b): designed the work level II, level III and level IV of the same kind; project group B, C of the same kind;

c) for organizations not eligible for ranking then designed grade IV of the same type, reporting technical-economic construction of buildings of the same type.

3. for the design consultant organization have yet to qualify for the ranking, if has designed at least 5 grade IV then designed grade III of the same type.

Article 50. Capacity condition of the host verify construction design and consultancy organisations when undertaking construction design 1. Capacity condition of the presiding design verification construction corresponds with the condition that the capacity of host construction design specified in article 48 of this Decree.

2. eligibility the capacity of consulting organizations when undertaking construction design corresponds with the condition that the capacity of the organizations consulted when designing the construction of the provisions of article 49 of this Decree.

Article 51. The Organization's capacity in terms of counseling upon supervision of building works in 1. The Organization's capacity to oversee the work are classified into 2 categories by class works as follows: a) 1: Class-at least 20 people have professional supervision of building works in the majors;

-Had supervised the construction of at least 1 grade or level I or level II work 2 of the same type.

b) 2: Class-at least 10 people have professional supervision of building works in the majors;

-Had supervised the construction of at least 1 grade II or grade III 2 of the same type.

2. scope of activities: a) 1: supervised the construction of special facilities, level I, II, III and IV of the same kind;

2 Class b): supervised the construction of grade II, III and IV of the same kind;

c) for organizations not eligible for ranking shall be supervised the construction of grade IV of the same type.

3. for the organization supervising the construction works have yet to qualify for the ranking, if supervision were at least 5 grade IV shall be supervised the construction of grade III of the same type.

Article 52. Conditions of the capacity of the Commander of the 1. The capacity of the Commander of the school are divided into 2. Commander of the field must have a university degree or above in accordance with the type of works and meet the conditions corresponding to each of the following: class a) 1: Class-time has constantly working on the construction of a minimum of 7 years;

-Was the Commander of a special supply or level I or level II work 2 of the same type.

2nd class:-b) Has continuous time working on the construction of a minimum of 5 years;

-Was the Commander of the school of grade II or grade III 2 of the same type.

c) for remote areas, those with college degrees or specialized in the building match type works, have experience of 5 years minimum construction be hold the title Commander of the 2nd class.

2. scope of activities: a) the # 1: be as Commander of the special supply, level I, II, III and IV of the same kind;

2 Class b): was made Commander of the grade II, III and IV of the same kind;

c) for individuals not yet rated only do Commander grade IV; If did Commander 5 grade IV, was made Commander of the grade III of the same type.

Article 53. The Organization's capacity in the conditions of construction when the building construction works 1. The capacity of the Organization to the construction works are divided into two types according to the class works as follows: a) 1: Class-Commander 1st class There's works of the same kind;

-Have enough architects, engineers specialized in accordance with types of construction works;      

-Have enough technical workers have appropriate training to take on;

-Have construction equipment mainly to the construction works;

-The construction of at least 1 grade, level I or level II work 2 of the same type.

2nd class:-b) had the Commander of the 1st class or 2nd class of the same type;

-Have enough architects, engineers specialized in accordance with types of construction works;

-Have enough technical workers have appropriate training to take on;

-Have construction equipment mainly to the construction works;

-The construction of at least 1 grade II or grade III 2 of the same type.

2. scope of activities: a) the # 1: be the construction of special facilities, level I, level II, level III and level IV of the same kind;

2 Class b): are the construction works from level II, level III and level IV of the same kind;

c) for organizations not eligible for ranking are construction, repair and renovation works have a total investment of under 3 billion, individual housing.

3. for organization of construction works not yet qualified ratings, if executed restoration 3 buildings then were the construction of grade IV and then if were the construction of at least 5 grade IV, was the construction of grade III of the same type.

Article 54. The condition of the individual independent practice design, surveying, supervision of construction works 1. The condition of the individual independent practice design, surveying, supervision of construction works as follows: a) the certificate of practice consistent with the field of practice;

b) Have active business registration practice design, survey, monitoring the construction according to the provisions of the law.

2. scope of activities: a) individual independent practice building survey is only to advise the owner of the establishment survey, evaluation missions to approve the results of each survey line with the certificate;

b) independent practice personal construction design designed the grade IV of the same type and individual houses;

c) practised personally oversaw the construction of independence be supervised the construction of grade IV of the same type and individual housing.

3. independent practice when individual works must follow the rule of law.

Article 55. The rights and obligations of individuals are granted the certificate of practice 1. Individuals practising certificate has the right to: a) use the certificate of practice to perform the work in accordance with the law;

b) complaint, denouncing violations of the regulations on professional level.

2. Individuals practising certificate is obliged to: a) join the refresher class on professional expertise related to the grant of the certificate of practice survey, design, construction supervision;

b) only made building survey, design, supervision of construction within the scope of the certificate of practice;

c) responsible before the law for the content, the quality of the work done by themselves;

d) not erasing, lent the certificate of practice.

Article 56. The individual's capacity conditions, foreign organizations operating in Vietnam held, foreign individuals when practice project, project management, building surveying, building design, design verification, building construction, monitor construction in Vietnam have to qualify under the provisions of this Decree and guidance of the Ministry of Construction construction.

Chapter V PROVISIONS Enacted 57. Implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, heads the political organization, social-political, social-political organizations and professional organizations, the individual concerned is responsible for the implementation of this Decree.

2. The Ministry of finance is responsible for guidance on insurance in construction activity.


3. The projects approved before the date this Decree is in effect, then, not the browser back to the project, the content of the subsequent work done under the provisions of this Decree. The management costs of construction investment was made under the provisions of Decree No. 99/2007/ND-CP on 13 June 2007 by the Government on managing the cost of construction investment, Decree No. 03/2008/ND-CP dated 7 January 2008 by the Government on amendments supplement some articles of Decree No. 99/2007/ND-CP on cost management of construction works. The selection of the contractors in the construction activities are carried out according to the provisions of Decree No. 58/2008/ND-CP dated May 5, 2008 Government's guidelines for implementing the law on bidding and selection of building contractor under the construction Law.  

4. The build guide details on determining the owner; project appraisal; construction permit; project management organization and professional training on project management; construction supervision; examination architecture design construction; design records; demolition of construction works; conditions of the capacity of the Organization, individuals in construction activities; certificate of practice; The Council consulted the other related content and guide the implementation of the transition.

Article 58. Effective enforcement of this Decree in effect enforced since November 2009 and replaces Decree No. 16/2005/ND-CP of July 8, 2005 on the management of government investment project construction, Decree No. 112/2006/ND-CP on September 29, 2006 the Government amended supplement some articles of Decree No. 16/2005/ND-CP on the management of investment projects in construction. The previous regulations of the Government, ministries, ministerial and local agencies contrary to this Decree are repealed.





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