Circular 02/2025/TT-BXD amend Circular 06/2021/TT-BXD on the grading of construction works

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 06/2021/TT-BXD dated June 30, 2021 of the Minister of Construction, providing the grading of construction works and guiding the application of construction work grades in management of construction investment activities

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Pursuant to the Construction Law dated June 18, 2014; the Law on Amending and Supplementing a Number of Articles of the Construction Law dated June 17, 2020;

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

Pursuant to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021 on detailing a number of provisions on quality management, construction and maintenance of construction works;

Pursuant to Decree No. 175/2024/ND-CP dated December 30, 2024, of the Government detailing a number of articles and measures for the implementation of the Law on Construction regarding the management of construction activities;

Pursuant to the Government’s Decree No. 33/2025/ND-CP dated February 25, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of the Director of the State Authority for Construction Quality Inspection;

The Minister of Construction promulgates the Circular amending and supplementing a number of articles of the Circular No. 06/2021/TT-BXD dated June 30, 2021 of the Minister of Construction, providing the grading of construction works and guiding the application of construction work grades in management of construction investment activities.

Article 1. Amending and supplementing a number of articles of the Circular No. 06/2021/TT-BXD dated June 30, 2021 of the Minister of Construction, providing the grading of construction works and guiding the application of construction work grades in management of construction investment activities

1. To amend and supplement Clause 1 Article 1 as follows:

“1. Scope of regulation

This Circular provides in detail the grading of construction works and guides the application of construction work grades in management of work construction investment activities under the Construction Law; to be specific: Clause 4 Article 5 of the 2014 Construction Law, as amended and supplemented by Clause 3 Article 1 of the 2020 Law on Amending and Supplementing a Number of Articles of the Construction Law, and Clause 2 Article 3 of Decree No. 06/2021/ND-CP.”.

2. To add Clauses 5, 6 and 7 after Clause 4 Article 2 as follows:

“5. The work grade of an independent construction work that is newly constructed and does not belong to a phased investment component of a construction investment project with existing works shall be determined in accordance with Clauses 1, 2, and 3 of this Article.

6. In case a construction work belongs to a phased investment project, the criteria specified in Clause 1 of this Article corresponding to the completed phase shall be used to determine the work grade.

7. The determination of construction work grades of certain types of construction works shall be guided in Appendix III issued together with this Circular.”.

3. To add Clauses 4 and 5 after Clause 3 Article 3 as follows:

“4. In case of a phased investment project, the construction work grades defined in Clause 6 Article 2 of this Circular shall be applied in the management of construction investment activities in accordance with Clauses 1, 2, and 3 of this Article.

5. The construction work grades of certain types of construction works shall be guided in Appendix III issued together with this Circular.”.

4. To amend and supplement certain contents of Appendices I, II, and III in the Appendix issued together with this Circular.

Article 2. Implementation provisions

1. This Circular takes effect on May 20, 2025.

2. The grade of a construction work belonging to a construction investment project for which the investment decision was approved before the effective date of this Circular shall be determined in accordance with the law at the time of the investment decision.

3. In case a construction project or work has been submitted to the specialized construction agency for appraisal or appraisal of adjustments to feasibility study reports of construction investment or the construction designs to be implemented after basic designs prior to the effective date of this Circular and is eligible for appraisal, the determination of the grade of the construction work and the application of the construction work grade in the management of construction investment activities shall be determined in accordance with law regulations in effect at the time of submission for appraisal.

4. In case a construction work has its construction design adjusted effective from the effective date of this Circular:

a) If the adjustment to the construction design does not change the level of importance, scale of capacity, or scale of structure, the grade of the construction work shall be determined in accordance with the law at the time of the investment decision;

b) If the adjustment to the construction design changes the level of importance, scale of capacity, or scale of structure, the grade of the construction work shall be determined in accordance with Circular No. 06/2021/TT-BXD, amended and supplemented by this Circular./.

* All Appendices are not translated herein.