Decree 35/2023/ND-CP amend Decrees relating to the Ministry of Construction’s state management

DECREE

Amending and supplementing a number of articles of the Decrees relating to the Ministry of Construction’s state management

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents dated June 18, 2020;

Pursuant to the Law on Urban Planning dated June 17, 2009;

Pursuant to the Law on Judicial Assessment dated June 20, 2012; the Law Amending and Supplementing a Number of Articles of the Law on Judicial Assessment dated June 10, 2020;

Pursuant to the Construction Law dated June 18, 2014; the Law Amending and Supplementing a Number of Articles of the Construction Law dated June 28, 2020;

Pursuant to the Housing Law dated November 25, 2014;

Pursuant to the Law on Real Estate Business dated November 25, 2014;

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

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product and Goods Quality on November 21, 2007;

Pursuant to the Law on Investment dated on June 17, 2020;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

Pursuant to the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law dated November 20, 2018;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Public Investment, Law on Investment in the Form of Public-Private Partnership, Law on Investment, Housing Law, Bidding Law, Electricity Law, Law on Enterprises, Law on Excise Tax, and Law on Enforcement of Civil Judgments dated January 11, 2022;

At the proposal of the Minister of Construction;

The Government promulgates the Decree amending and supplementing a number of articles of the Decrees relating to the Ministry of Construction’s state management.

Article 1. Amending and supplementing a number of clauses of Article 14 of Decree No. 37/2010/ND-CP dated April 7, 2010 of the Government on the formulation, evaluation, approval and management of urban planning, which was amended, supplemented under Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government amending and supplementing a number of articles of Decree No. 37/2010/ND-CP of April 7, 2010, on the formulation, appraisal, approval and management of master plans on urban centers, and Decree No. 44/2015/ND-CP of May 6, 2015, detailing a number of provisions on construction master plans

To amend and supplement Clause 3, Clause 4, and add Clauses 4a, 4b, 4c and 4d after Clause 4, Article 14 as follows:

“3. Zones within the urban development subject to detailed planning when making construction investment in accordance with the Law on Urban Planning must prepare detailed planning in order to concretize general planning, zoning planning (in cases where zoning planning is required), serving as a basis for elaborating construction investment projects, licensing construction and implementing other tasks in accordance with relevant laws. For small-scale land plots specified in Clause 4 of this Article, detailed planning is carried out according to a shortened process (hereinafter referred to as the total land ground planning process) in accordance with Clauses 4a through Clause 4d of this Article.

4. Small-scale land plots must meet the following conditions:

a) The land plot is elaborated by a project owner or by a competent state agency;

b) Have the land use scale of less than 2 hectares for the projects on construction investment in condominiums or condominium complexes or have the land use scale of less than 10 hectares for the projects on construction investment in factories, industrial production facilities or technical infrastructure works (except line-based technical infrastructure works) determined according to the approved general urban planning or the provincial planning or planning of a technical and specialized nature or have the land use scale of less than 5 hectares for the remaining cases;

c) In zones with the approved zoning planning or with the approved general planning for zones without requiring zoning planning.

4a. The elaboration, appraisal and approval of the total land ground planning, except for the cases specified in Clause 4b of this Article, are prescribed as follows:

a) The land use planning criteria and requirements for spatial organization, architecture, and landscape of the zone are determined in the approved zoning planning scheme or the approved general planning for zones without request of zoning planning, specialized requirements in provincial planning, technical and specialized planning for the projects on construction investment in factories, industrial production facilities or technical infrastructure works (if any) used as a substitute for the task of total land ground planning and as the basis for the total land ground planning;

b) The total land ground planning including the total land ground drawings; the work's architectural plan must show the location, scale and construction items in the land plot; determine specifically the construction foundation elevation, construction boundaries (construction boundaries of the surface and underground parts of the work), work colors and planned land use criteria in accordance with the applicable regulations and standards; ensure the connection of technical infrastructure and compatibility of architectural space with the surrounding area;

c) The order and procedures for collecting opinions and appraising and approving the total land ground planning are carried out according to the order and procedures for collecting opinions and appraising and approving the detailed planning schemes for construction investment projects;

d) The authority competent to approve detailed planning schemes is responsible for approving the total land ground planning.

4b. For the construction investment projects with works on the list of state secrets, the total land ground planning is formulated in the step of formulation of investment policies; the project owner is responsible for obtaining written opinions from the authority competent to approve the detailed planning, as a basis for implementing the next steps; the time for obtaining opinions is no more than 15 days from the date of receipt of complete and valid documents. The organization, implementation and management of records, documents and related information comply with the provisions of law on protecting state secrets.

4c. The adjustment of the total land ground planning must ensure the adjustment conditions of the detailed planning scheme. The process of adjusting the total land ground planning is carried out in accordance with Clause 4a and Clause 4b of this Article.

4d. After being approved, the total land ground planning (including adjustments) shall be announced according to the regulations on publication of the detailed planning schemes.".

Article 2. Amending and supplementing a number of clauses of Article 10 of Decree No. 44/2015/ND-CP dated May 6, 2015 of the Government detailing a number of contents on construction planning, which was amended, supplemented under Decree No. 72/2019/ND-CP dated August 30, 2019 of the Government amending and supplementing a number of articles of Decree No. 37/2010/ND-CP of April 7, 2010, on the formulation, appraisal, approval and management of master plans on urban centers and Decree No. 44/2015/ND-CP of May 6, 2015, detailing a number of provisions on construction master plans

To amend and supplement Clause 4, Clause 5, and add Clauses 5a, 5b, 5c, 5d and 5dd below Clause 5, Article 10 as follows:

“4. Zones within functional areas subject to detailed construction planning, when making construction investment in accordance with the Law on Construction must prepare detailed construction planning in order to concretize general planning, construction zoning planning (in cases where construction zoning planning is required), serving as a basis for elaborating construction investment projects, licensing construction and implementing other tasks in accordance with relevant laws. For small-scale land plots specified in Clause 5 of this Article, detailed construction planning is carried out according to a shortened process (hereinafter referred to as the total land ground planning process) in accordance with Clauses 5a through Clause 5dd of this Article.

5. Small-scale land plots must meet the following conditions:

a) The land plot is elaborated by a project owner or by a competent state agency;

b) Have the land use scale of less than 2 hectares for the projects on construction investment in condominiums or condominium complexes or have the land use scale of less than 10 hectares for the projects on construction investment in factories, industrial production facilities or technical infrastructure works (except line-based technical infrastructure works) determined according to the approved general construction planning or the provincial planning or planning of a technical and specialized nature or have the land use scale of less than 5 hectares for the remaining cases;

c) In a zone with the approved construction zoning planning.

5a. The elaboration, appraisal and approval of the total land ground planning, except for the cases specified in Clause 5b of this Article, are prescribed as follows:

a) The land use planning criteria and requirements for spatial organization, architecture, and landscape of the zone are determined in the approved construction zoning planning scheme, specialized requirements in provincial planning, technical and specialized planning for the projects on construction investment in factories, industrial production facilities or technical infrastructure works (if any) used as a substitute for the task of total land ground planning and as the basis for the total land ground planning;

b) The total land ground planning including the total land ground drawings; the work's architectural plan must show the location, scale and construction items in the land plot; determine specifically the construction foundation elevation, construction boundaries (construction boundaries of the surface and underground parts of the work), work colors and planned land use criteria in accordance with the applicable regulations and standards; ensure the connection of technical infrastructure and compatibility of architectural space with the surrounding area;

c) The order and procedures for appraisal and approval of the total land ground planning are carried out according to the order and procedures for appraisal and approval of detailed planning schemes for construction of functional areas;

d) The authority competent to approve the detailed planning scheme for construction of functional areas is responsible for approving the total land ground planning.

5b. For the construction investment projects with works on the list of state secrets, the total land ground planning is formulated in the step of formulation of investment policies; the project owner is responsible for obtaining written opinions from the authority competent to approve the detailed construction planning, as a basis for implementing the next steps; the time for obtaining opinions is no more than 15 days from the date of receipt of complete and valid documents. The organization, implementation and management of records, documents and related information comply with the provisions of law on protecting state secrets.

5c. The adjustment of the total land ground planning must ensure the adjustment conditions of the detailed planning scheme for the construction of functional areas. The process of adjusting the total land ground planning is carried out in accordance with Clause 5a and Clause 5b of this Article.

5d. After being approved and adjusted, the total land ground planning is publicly announced according to the regulations on publishing detailed planning schemes for the construction of functional areas.

5dd. For industrial parks, the elaboration of construction planning must comply with this Decree and the law on management of industrial parks and economic zones.".

Article 3. Amending and supplementing a number of articles of Decree No. 85/2020/ND-CP dated July 17, 2020 of the Government detailing a number of articles of the Law on Architecture

1. To amend and supplement a number of clauses of Article 25 as follows:

a) To amend and supplement Clause 3, and add Clauses 3a, 3b, 3c and 3d below Clause 3 as follows:

“3. Individuals who apply for an architecture practice certificate for the first time shall take a test in 02 parts: multiple-choice questions and interview. The interview shall be held immediately after the notification of results of the test in the form of multiple-choice questions. The person sitting for the interview shall pick up a question paper on a random basis and answer no more than 4 questions on knowledge applied in architecture practice activities in compliance with the set of test questions specified in Clause 2 of this Article.

3a. The test is carried out through in-person test or online test and must comply with the requirements and conditions specified in this Decree.

3b. Requirements for technical infrastructure and online test software serving the grant of practice certificates:

a) The establishments holding online test must ensure requirements for Internet connection and connection equipment, computers and terminals with appropriate configuration to install and operate the online testing software system; have space for installation of equipment to serve the supervision of online test candidates;

b) Have solutions to ensure information security, electronic data storage and personal information security according to regulations when organizing online tests;

c) The test software has the ability of test suspension upon detecting any violation during the testing process; in case the candidate can explain objective reasons, the exam administrator allows the exam to be retaken;

d) The software ensures the ability to serve online test smoothly during the testing process, with a mechanism to ensure the integrity and security of information before, during and after the test.

3c. Online test management:

a) The testing process shall be monitored through the camera of the testing equipment, online testing software and surveillance screen and equipment system at the testing establishment;

b) The test administrator is responsible for guiding and checking the suitability of the equipment and test area of ​​the candidates before the test.

3d. The organization or agency holding the test shall decide on the form of test to serve the grant of practice certificate; promulgate online testing regulations, ensure satisfaction of management requirements, requirements on technical infrastructure, and online testing software.".

b) To amend and supplement Clause 5 as follows:

“5. The organization of in-person tests or online tests shall be held once every 6 months or irregularly according to actual requirements. In case a test cannot be held, a written notice thereof shall be sent once to the individual registering for the test within 15 days from the date of receipt of his/her test registration declaration.”.

2. To amend and supplement a number of clauses, points of Article 26 as follows:

a) To amend and supplement Point c, Clause 1 as follows:

“c) Satisfy the requirements on physical foundations serving tests for grant of architecture practice certificates in the in-person test form as specified in Appendix IV attached to this Decree in case of holding in-person test; satisfy the requirements on management, technical infrastructure, and online testing software as prescribed in Clause 3b and Clause 3c, Article 25 of this Decree in case of holding online test.”.

b) To add Clause 4 as follows:

“4. In case the architecture practicing socio-professional organization, the architecture research institutions or the architecture training institutions is recognized as eligible to hold tests and grant architecture practice certificate, at the time of recognition, only recommends a form of holding test, when adding a form of holding test, it must ensure satisfaction of the requirements on physical foundations (for the form of in-person test), the requirements on management, technical infrastructure, and testing software (for the form of online test) and notify the Ministry of Construction for monitoring and inspection.”.

Article 4. Amending and supplementing a number of articles of Decree No. 11/2013/ND-CP dated January 14, 2013 of the Government on management of urban development investment

1. To amend and supplement a number of clauses of Article 2 as follows:

a) To amend and supplement Clause 8 as follows:

“8. Urban development investment projects include investment projects to construct urban centers and investment projects to construct works in urban centers.”.

b) To amend and supplement Clause 9 as follows:

“9. Urban center construction investment project means the project specified in Clause 15a, Article 3 of Construction Law No. 50/2014/QH13, amended and supplemented at Point dd, Clause 1, Article 1 of Law No. 62/2020/QH14.”.

c) To amend and supplement Clause 12 as follows:

“12. Level-1 project owner is the owner of an urban center construction investment project prescribed by construction law and housing law.”.

2. To amend and supplement Clause 1, Article 3 as follows:

“1. Ensure compliance with national planning, regional planning, provincial planning, technical and specialized planning, compliance with construction planning, urban planning, programs and plans on implementation of urban development construction planning.”.

3. To add Article 3a below Article 3 as follows:

“Article 3a. Urban development program

1. The urban development program is a collection of tasks, solutions, programs, schemes and projects in order to implement the urban development goals of each stage according to the provincial planning and general urban planning, prepared for the following subjects:

a) Provinces and centrally-run cities;

b) Cities and towns under the province or centrally-run cities; towns in the districts;

c) Zones expected to form a new urban center.

2. The urban development program must meet the following requirements:

a) Be conformable with national planning, regional planning, provincial planning, and general urban planning; approved strategies, programs, and plans for higher-level urban development; medium-term public investment programs and plans and the ability to mobilize actual local resources;

b) Synchronize with technical and specialized planning, orientations, strategies, programs and plans of other sectors and fields related to urban development.

3. The urban development program includes some or all of the following contents:

a) Urban development norms for each 5-year and 10-year period; specifying annual norms for the first 5 years of the program;

b) Investment programs and projects to develop priority infrastructure and urban landscape architecture that meet urban classification standards and criteria;

c) Programs and plans to develop areas determined according to urban planning, urban development areas (if any) to focus on investment in synchronously forming technical infrastructure, social infrastructure and urban landscape architecture in each stage;

d) Key programs and schemes to gradually implement sustainable urban development;

dd) Resources and use of resources, solutions, priority list of urban development investment projects using public investment funds and other funding sources other than public investment funds, expected results according to annual, 5-year and 10-year time frames;

e) Responsibility for organizing, inspecting and supervising the implementation of the urban development program.

4. Content of urban development program for provinces and centrally run cities

a) For provinces: contents specified at Points a, d, dd and e, Clause 3 of this Article; list, roadmap and plan for urban classification, establishment and adjustment of urban administrative unit boundaries to implement the provincial urban system development plan in each 5-year and 10-year period, specifying each year in the first 5 years of the program;

b) For centrally run cities: contents specified at Point a of this clause, Point b Clause 3 of this Article; Point c Clause 3 of this Article applied to districts and zones expected to expand districts or establish new districts.

5. Contents of urban development programs for cities and towns in the provinces or centrally run cities; towns in the districts

a) For cities and towns under the provinces or centrally run cities: content specified in Clause 3 of this Article;

b) For towns: include some or all of the contents specified in Clause 3 of this Article but must ensure the contents specified at Points a, b and e Clause 3 of this Article.

6. Content of the urban development program in the zone expected to form a new urban center

a) For zones expected to form centrally run cities: contents specified at Point b Clause 3, Point a Clause 4 of this Article; Point b, Clause 3 of this Article for zones expected to form districts and wards under the districts according to the approved urban planning;

b) For zones expected to form new urban centers other than the cases specified at Point a of this Clause: the content includes some or all of the contents specified in Clause 3 of this Article but must ensure the contents specified at Points a, b and e Clause 3 of this Article.

7. Procedures for the formulation, appraisal, approval of urban development program

a) The Provincial-level People’s Committee assigns specialized agencies under the Provincial-level People’s Committee to organize the formulation, collection of opinions, and submission to the agencies specified at Point c of this Clause to appraise the urban development program for the provinces, centrally run cities, zones expected to form centrally run cities;

b) The Provincial-level People’s Committee assigns the District-level People's Committee to organize the formulation, collection of opinions on urban development programs for cities, towns, and zones expected to form new urban centers in the provinces or centrally run cities, towns, and zones expected to form towns in the districts. The District-level People's Committee reports to the District-level People's Council before sending it to the agency specified at Point c of this Clause for appraisal;

c) The Provincial-level People’s Committee assigns the Provincial-level Department of Construction or the Provincial-level Department of Planning and Architecture (for Hanoi and Ho Chi Minh City) to organize the appraisal of the urban development program;

d) The agency organizes the formulation of the urban development program and submits it to the Provincial-level People’s Committee for approval of the urban development program. The Provincial-level People’s Committee reports to the Provincial-level People’s Council before approving the urban development program for the urban development program of provinces, centrally run cities, and zones expected to form centrally run cities and cities classified or expected to be classified as grade I or II urban centers;

dd) The Provincial- and District-level People's Committees allocate funds to formulate and appraise urban development programs from the state budget or other legal funding sources.

8. The urban development program must be reviewed, adjusted or newly formulated based on the results of review, synthesis and assessment of implementation after each 5-year period or after the competent authority promulgates new objectives of urban development or approves master plans, strategies, programs and plans specified at Point a, Clause 2 of this Article.

9. The Minister of Construction shall detail this Article.”.

4. To amend and supplement Clause 7, Article 4 as follows:

“7. The Provincial-level People’s Committee specifically regulates zones where land use rights can be transferred in the form of dividing lots and selling plots for people to build their own houses according to the detailed planning of the approved project, in accordance with laws on land, housing, real estate business and the following regulations:

a) The project is consistent with urban planning levels; has completed investment in infrastructure construction of the entire project or according to approved investment phases; the housing construction must comply with the approved project content and progress;

b) The project is not in an area with high management requirements for landscape architecture, frontages of roads at regional level or higher and main landscape roads in urban centers, central areas and surroundings of works as architectural highlight in the city. The Provincial-level People’s Committees shall, based on the urban planning, the urban development programs for each urban center, the approved architectural management regulations and the national technical regulations on construction planning, infrastructure planning and urban center planning, specifically regulate zones where land use rights can be transferred in the form of dividing lots and selling plots for people to build their own houses.".

5. To amend and supplement Point k, Clause 2, Article 10 as follows:

“k) Propose management form as prescribed in Article 13 of this Decree.”.

6. To amend and supplement a number of clauses of Article 13 as follows:

"Article 13. Management of urban development areas

1. The Provincial-level People’s Committee decides to maintain or reorganize or dissolve the Management Board of Urban Development Area or assign a public non-business unit under its management to assume the prime responsibility for management of urban development areas specified in Clause 2 of this Article. The reorganization and dissolution of the Management Board of Urban Development Area is carried out in accordance with regulations on public non-business units.

2. Urban development area management tasks:

a) Propose the contents to specify the urban development area implementation plan in the approved urban development area proposal dossier and organize implementation;

b) Organize investment promotion activities in urban development areas; research and propose preferential policies and specific mechanisms applicable to construction investment activities in urban development areas;

c) Propose the identification of investment projects according to funding sources to implement urban development areas and report to the Provincial-level People’s Committee; guide and support the investors in the process of investment preparation and implementation of urban development investment projects;

d) Manage or be assigned to be the project owner for projects using state budget source in urban development areas;

dd) Monitor and summarize the implementation of investment projects in urban development areas according to the approved project content;

e) Periodically or irregularly synthesize, report, and propose to competent authorities to handle issues of synchronous connection of framework technical infrastructure, technical infrastructure among projects, arising and problematic issues during the investment process in urban development areas;

g) Develop a database system to provide information on urban development areas; at the request of competent authorities, synthesize and report the implementation of investment projects and implementation plans for urban development areas under its management;

h) Perform other duties and powers as prescribed by law.

3. The Provincial-level People’s Committee promulgates the regulations on coordination of the unit assigned to manage urban development areas and the affiliated specialized agencies.".

7. To amend and supplement Clause 2, Article 34 as follows:

“2. The adjustment of project progress is carried out in accordance with the law on investment and construction.".

8. To amend and supplement Article 38 as follows:

“Article 38. Handover of management in urban centers

1. The handover of management in urban centers is the handover between the project owner and the handover recipient specified in Clause 4 of this Article regarding the following contents:

a) Construction works and construction items in urban centers under the management authority of the handover recipient invested and constructed by the project owner;

b) Rights, responsibilities and obligations on: management of construction activities; management of construction order within the project scope; supply of urban services.

2. Zones in the project and the entire urban center after completing construction investment according to investment phasing must be managed.

3. Urban center construction investment projects or a number of works in the project, upon putting into operation or handover for management, must ensure compliance with Article 124 of the Construction Law No. 50/2014/QH13, amended and supplemented under Clause 46, Article 1 of Law No. 62/2020/QH14.

4. The Provincial-level People’s Committee is the handover recipient for urban centers in the area, unless the handover recipient is regulated by the specialized laws or is a unit with management authority assigned in the investment policy approval document. The Provincial-level People’s Committee is decentralized and authorized to receive management handover in accordance with law on organization of local administration.

5. Preliminary plan and management handover plan in the urban centers

a) Preliminary management handover plan in urban centers is a content of the investment project proposal or the construction investment pre-feasibility study report. Preliminary plan for handing over management in the urban centers includes: preliminary proposal on the urban infrastructure retained by the project owner for business investment, the urban infrastructure that the project owner is responsible for handing over or proposing to hand over to the local government; proposal on management of the contents specified at Point b, Clause 1 of this Article, and attached requirements and conditions (if any); proposal on the handover recipient;

b) Management handover plan in urban centers is a content of the construction investment feasibility study report. Management handover plan in urban centers includes: proposal on management of the contents specified in Clause 1 of this Article, the attached requirements and conditions (if any); proposal on time of handover, the handover recipient and the opinions of the expected handover recipient (if any); proposal on contents to coordinate with local authorities on investment in construction of technical infrastructure outside the fence and state-owned technical infrastructure passing through the project area; proposal on administrative management coordination plan before, during and after handover.

6. Performance of management handover in urban centers and management and use of assets after handover and receipt

a) The project owner is responsible for handing over according to the handover plan in the construction investment feasibility study report appraised by the specialized construction agency in accordance with construction law; responsible for quality of construction works, organizing warranty and maintenance in accordance with law, managing and ensuring operational quality for construction works not yet handed over; providing urban services up to completion of handover and urban infrastructure retained by the project owner for investment and business;

b) In case the handover recipient is a state management agency, the Provincial-level People’s Committee shall carry out the handover reception in accordance with the law on management and use of public property. After receiving handover, the Provincial-level People’s Committee shall hand over the property to the agencies, organizations, and units and direct such agencies, organizations, and units to manage, use, and exploit the construction works and construction items in urban centers in accordance with law on management and use of public property;

c) The handover recipient shall: receive and hand over according to regulations; agree with the project owner and report handover results to the Provincial- and District-level People's Committees for monitoring; organize the supply of urban services or transfer them to agencies, organizations, units or enterprises for post-handover management;

d) The Provincial-level People’s Committee is responsible for directing and inspecting the implementation of rights and responsibilities of relevant parties when handing over management of urban centers based in their localities.

7. The management and use of construction works and construction items in urban centers invested by the State shall comply with the law on management and use of public property.".

9. To amend and supplement a number of clauses of Article 46 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Unify urban development and management in their localities; build an organizational apparatus with sufficient capacity to satisfy state management requirements in accordance with the actual urban development; allocate funds from the state budget to formulate, appraise and approve strategies, planning, regulations, programs and urban development management plans under the authority, and organize and implement the program of urban development and investment in key technical and social infrastructure projects.”.

b) To amend and supplement Clause 2 as follows:

“2. Direct the review, evaluation and identification of urban development areas, make plan on the implementation of urban development areas, and organize the management of urban development areas; call for investment in local urban development investment projects.".

c) To amend and supplement Clause 3 as follows:

“3. Organize the implementation of site clearance in accordance with law; direct, organize and periodically inspect the transfer of land use rights that have been invested in infrastructure for people to build their own houses according to the detailed planning of the approved project.".

d) To amend and supplement Clause 5 as follows:

“5. Attract investment and organize investment in construction of new urban centers according to planning; periodically review, evaluate and invest in perfecting urban classification standards and criteria; invest in construction of urban infrastructure in accordance with technical regulations; carry out urban renovation, embellishment, and reconstruction; control construction investment according to the approved urban development programs; organize the construction of technical infrastructure outside the project boundary to ensure synchronous connection with the urban frame technical infrastructure system.”.

dd) To amend and supplement Clause 6 as follows:

“6. Direct the organization and implementation of construction order management at the project according to the law on construction, receiving handover and organize administrative management when receiving management handover in urban centers; control the supply of urban services for urban center construction investment projects not yet handed over.”.

10. To annul the following articles, clauses and points: Clause 11, Article 2; Clause 1, Article 4; Clause 2, Clause 3, Clause 4, Clause 5 Article 7; Point a, Point c Clause 1 Article 9; Article 19; Article 31; Article 32; Article 36; Article 37; Clause 2, Clause 3, Clause 4, Clause 5 Article 40; Clause 5, Clause 6 Article 41; Clause 3 Article 50.

11. To replace phrases in some articles, clauses, and points as follows:

a) To replace the phrase "master plan for socio-economic development" in Article 8, Point a, Clause 3, Article 9 with the phrase "national planning, regional planning, provincial planning";

b) To replace the phrase "master plan of the national urban system" at Point a, Clause 3, Article 9 and Clause 2, Clause 4, Article 41 with the phrase "urban and rural system planning".

Article 5. Amending and supplementing a number of articles of Decree No. 99/2015/ND-CP dated October 20, 2015 of the Government detailing and guiding the implementation of a number of articles of the Housing Law, which was amended and supplemented under Decree No. 30/2019/ND-CP dated March 28, 2019, Decree No. 30/2021/ND-CP dated March 26, 2021 of the Government

1. To amend and supplement Clause 1 and Clause 2, Article 18 as follows:

“1. For the investor meeting the conditions specified in Article 21 of the Housing Law No. 65/2014/QH13, amended and supplemented under Clause 1, Article 75 of the Investment Law No. 61/2020/QH14, specified in Clause 2 Article 119 of the Land Law No. 45/2013/QH13, the law on real estate business and winning bids or auctions of land use rights to carry out commercial housing construction investment projects or being approved as the investor as prescribed in Clause 3, Article 29 of the Investment Law No. 61/2020/QH14, such investor shall be determined to be the project owner of the commercial housing construction investment project.

2. For the investor having the right to use land in accordance with Clause 1, Article 23 of the Housing Law No. 65/2014/QH13, amended and supplemented under Article 4 of the Law No. 03/2022/QH15, Clause 4, Article 23 of the Housing Law No. 65/2014/QH13, meeting the conditions according to Article 21 of the Housing Law No. 65/2014/QH13, amended and supplemented under Clause 1, Article 75 of the Investment Law No. 61/2020/QH14, the law on real estate business, the relevant laws and having the approved investment policy at the same time as the approval of the investor, such investor shall be determined to be the project owner of the commercial housing construction investment project.”.

2. To amend and supplement Clause 1, Article 57 as follows:

“1. Subjects eligible to rent the state-owned old houses in accordance with this Decree are those who are actually using the house and wish to continue renting such house, include one of the following subjects:

a) Subjects who are assigned to use housing before November 27, 1992 (the date of issuance of Decision No. 118/TTg of the Prime Minister on housing rental prices and inclusion of housing costs in salaries);

b) Subjects who are allocated housing in accordance with Clause 1, Article 61 of this Decree;

c) Subjects receiving transfer of the right to rent a house that has been arranged for use according to the time specified at Point a or Point b of this Clause and have the housing management agency's written consent to the transfer when carrying out housing rental procedures in accordance with law;

d) Subjects falling into the cases specified at Point dd Clause 2 of this Article;

The cases specified at Points c and d of this Clause must not be cases of illegal housing occupation.".

3. To add Point e, Clause 1, Article 57a as follows:

“e) In case the person directly using the house has documentations as specified at Point dd, Clause 2, Article 57 of this Decree, the time of arrangement of the houses for use is determined according to the time that the competent authority has issued papers proving the use of such houses.".

4. To amend and supplement the first paragraph of Clause 2, Article 60 as follows:

“2. The order and procedures for renting old houses in the cases specified at Points b and dd, Clause 2, Article 57 of this Decree are implemented as follows:”

5. To amend and supplement Clause 1, Article 65 as follows:

“1. The house price is determined based on the residual value of the house and the use value adjustment coefficient; the residual value of the house is determined according to the ratio of the current quality of the house multiplied (x) by the standard price of new houses issued by the Provincial-level People’s Committee in effect at the time of signing the sales contract and multiplied (x) by the housing area.

For a villa occupied by more than one household which has a common-use space, the area of such common-use space shall be allocated to each household according to its housing area (m²). For grade-IV houses already demolished and reconstructed by lessees before the effective date of this Decree, their residual value is 0 (zero).

For grade-I, grade-II, and grade-III houses already demolished and reconstructed by lessees before the effective date of this Decree, their residual value shall be determined according to the current status at the time of arrangement stated in the decisions, distribution and arrangement documents or in housing lease contracts or according to the time of housing use determined according to the documents specified at Point dd, Clause 2, Article 57 of this Decree. In case the documents specified in this Clause state the house grade but do not record the current quality, the current quality ratio shall be determined as 50% of the value of such house grade; If the house grade is not recorded, the current quality ratio shall be determined as 50% of the value of the grade-III house as a basis for calculating the sale price of house.".

6. To annul Point c, Clause 1, Article 84.

7. To add Point m Clause 1 Article 85 as follows:

“m) Consider and decide to adjust the objectives of housing construction investment projects for projects under the Provincial-level People’s Committee’s authority to decide on investment policies or approve investment policies; the consideration and decision to adjust project objectives are made when considering adjusting investment policies in accordance with the law on investment, public investment and other relevant laws (if any). For the projects under the authority of the National Assembly, the Government, or the Prime Minister to decide on investment policies or approve investment policies, these agencies must be reported to consider and adjust the housing construction investment project objectives when considering adjusting investment policies in accordance with the law on investment, public investment and other relevant laws (if any).

Article 6. Amending and supplementing a number of articles of Decree No. 100/2015/ND-CP dated October 20, 2015 of the Government on social housing development and management, which was amended and supplemented under Decree No. 49 /2021/ND-CP dated April 1, 2021 of the Government

1. To amend and supplement Clause 4, Article 3 as follows:

“4. Social housing construction investment projects include independent social housing construction investment projects and social housing construction investment projects using a land fund of 20% of the total residential land area within the scope of the projects on construction investment in commercial housing, urban centers for investment in social housing construction.”.

2. To amend and supplement Clause 1, Article 9 as follows:

“1. The project owners of social housing construction investment projects that do not use funding sources or forms specified in Clause 1, Article 53 of the Housing Law No. 65/2014/QH13, amended and supplemented at Point b, Clause 6 Article 99 of the Law on Investment in the form of public-private partnerships (PPP) No. 64/2020/QH14 for lease, lease-purchase, and sale are exempt from land use fees and land rents in accordance with Point a, Clause 1 Article 58 of the Housing Law No. 65/2014/QH13.

The Provincial-level People’s Committee shall consider and decide on refund or deduction from the project owner's financial obligations payable to the State, including compensation and site clearance costs (if any) in case the project owner has paid land use fees when the project owner is allocated land by the State or receives land use rights transfer from other organizations, households or individuals and that land area is used for social housing construction or the project owner has paid land use fees for the 20% land fund as prescribed in Article 5 of this Decree.”.

3. To amend and supplement Clause 4, Article 21 as follows:

“4. The Provincial-level People’s Committees shall assign the Provincial-level Departments of Construction or affiliated authorities to appraise the sale, lease purchase, and rent price of social housing with construction investment according to the projects without funding sources or forms prescribed in Clause 1, Article 53 of the Housing Law No. 65/2014/QH13 amended and supplemented at Point b, Clause 6, Article 99 of the PPP Law No. 64/2020/QH14 in their localities according to the order specified in Article 21a of this Decree.”.

4. To amend and supplement Clause 3, Article 30 as follows:

“3. Organize management and closely monitor sales, lease, and lease- purchase; promulgate the price brackets for sale, lease and lease- purchase of social housing in their localities according to authority.”.

5. To annul Clause 2, Article 5, Clause 2 Article 9.

6. To replace the phrase “public investment funds, state capital other than public investment funds” in Clause 6, Article 1; Clause 5, Article 5; Clause 1, Clause 2, Article 8; Clause 4, Article 21 with the phrase "fund sources or forms specified in Clause 1, Article 53 of the Housing Law No. 65/2014/QH13 amended and supplemented at Point b, Clause 6, Article 99 of the PPP Law No. 64/ 2020/QH14”.

Article 7. Amending and supplementing a number of articles of Decree No. 69/2021/ND-CP dated July 15, 2021 of the Government on renovation or reconstruction of condominiums

1. To amend and supplement Clause 3, Article 13 as follows:

“3. In case a condominium or condominium complex renovation or reconstruction area is smaller than 02 hectares, the competent state agency shall formulate, appraise and approve the detailed planning according to the shortened process (hereinafter referred to as the total land ground planning process). The formulation, appraisal, approval, adjustment, and announcement of total land ground planning are carried out in accordance with the law on construction planning and urban planning.".

2. To remove the phrase "not under the state ownership" in the title of Article 21.

Article 8. Amending and supplementing a number of articles of Decree No. 62/2016/ND-CP dated July 1, 2016 of the Government on regulations on requirements of judicial expertise in construction and construction experiments

1. To amend and supplement Article 2 as follows:

“Article 2. Standards of construction judicial assessors and ad-hoc construction judicial assessors

The construction judicial assessors and ad-hoc construction judicial assessors must meet the standards specified in Clause 1, Article 7 and Clauses 1 and 2, Article 18 of the Law on Judicial Assessment No. 13/2012/QH13; in which, the appropriate professional performance standards are specified as follows:

1. In case of judicial assessment on compliance with the law

a) For assessment of compliance with the law on construction planning: must possess a construction planning practice certificate in accordance with the law on construction or have 5-year-or-more state management experience in construction planning, appropriate to the subject and content of the assessment;

b) For assessment of compliance with the law on construction investment activities: must meet the conditions of construction capacity in accordance with the construction law to perform one of the tasks of construction survey, construction design, construction supervision, construction valuation, construction investment project management, construction assessment or have 5-year-or-more state management experience in construction activities, appropriate to the subject and content of the assessment;

c) For assessment of compliance with the law on housing and real estate business: must have 5-year-or-more state management experience in housing and real estate market, appropriate to the subject and content of the assessment.

2. In case of judicial assessment on construction quality

a) For quality assessment of construction survey or construction design: must possess a construction survey or construction design practice certificate in accordance with the law on construction, appropriate to the subject and content of the assessment;

b) For quality inspection of construction works and construction parts; assessment on the causes of construction incidents and damage to construction works: must meet the conditions for construction inspection practice in accordance with law on construction, appropriate to the subject and content of assessment.

3. In case of assessment of construction costs, housing and real estate values: must possess a construction valuation practice certificate in accordance with the law on construction or have 5-year-or-more state management experience, appropriate to the subject and content of the assessment.”.

2. To amend and supplement Article 3 as follows:

“Article 3. Conditions for ad-hoc construction judicial assessment organizations

Ad-hoc construction judicial assessment organizations must meet the provisions of Article 19 of the Law on Judicial Assessment No. 13/2012/QH13, amended and supplemented under Clause 28, Article 1 of the Law No. 56/2020/QH14; in which, the appropriate professional operating conditions are specified as follows:

1. In case of judicial assessment on compliance with the law

a) For assessment of compliance with the law on construction planning: must satisfy the capacity conditions of the construction planning organization in accordance with law on construction, consistent with the subject and content of the assessment; the individual in charge of the assessment must meet the standards specified at Point a, Clause 1, Article 2 of this Decree;

b) For assessment of compliance with the law on construction investment activities: must satisfy the construction capacity conditions in accordance with construction law to perform one of the tasks of construction survey, construction design, construction investment project management, and construction supervision, construction inspection, construction investment cost management, suitable to the subject and content of assessment; the individual in charge of the assessment must meet the standards specified at Point b, Clause 1, Article 2 of this Decree.

2. In case of judicial assessment on construction quality

a) For quality assessment of construction survey or construction design: must satisfy the capacity conditions of a construction survey or construction design organization in accordance with law on construction, appropriate to the subject and content of the assessment;

b) For assessment on the quality of construction works and construction parts; assessment on the causes of construction incidents and damage to construction works; assessment on the quality of construction materials, structures, construction products, and construction equipment: must satisfy the capacity conditions of the construction inspection organization in accordance with construction law, appropriate to the subject and content of the assessment;

c) The individual in charge of assessment of the contents specified at Points a and b of this Clause must meet the corresponding standards specified in Clause 2, Article 2 of this Decree.

3. In case of assessment of construction costs, housing and real estate values: must satisfy the capacity conditions of the construction investment cost management consulting organization in accordance with the law on construction, consistent with the subject and content of the assessment; the individual in charge of the assessment must meet the standards specified in Clause 3, Article 2 of this Decree.”.

3. To amend and supplement Article 4 as follows:

“Article 4. Capacity conditions on a construction judicial assessment office

1. Established and granted an operation registration certificate in accordance with Articles 14, 15, 16 and 17 of Law on Judicial Assessment No. 13/2012/QH13 amended and supplemented under the Law No. 56/2020/QH14 and the relevant laws.

2. Satisfy the corresponding eligibility requirements of the ad-hoc construction judicial assessment organization specified in Article 3 of this Decree and be consistent with the construction judicial assessment registration content. The individual in charge of the assessment must meet the standards corresponding to the content specified in Article 2 of this Decree.”.

4. To add Article 5a, Article 5b below Article 5 as follows:

a) To add Article 5a as follows:

“Article 5a. Scope and field of specialized construction testing

1. The specialized construction testing include measurement activities to determine the mechanical, physical, chemical, and geometric characteristics of the testing fields: construction materials and products; construction structures and components; environment in construction; geotechnique; field tests; other tests.

2. Construction industry testing can be performed in the laboratory or in the field.”.

b) To add Article 5b as follows:

“Article 5b. Specialized construction laboratories and field experiment stations

1. The specialized construction laboratory is a department under the specialized construction testing organization, including: human resources (head, deputy head of laboratory, testers) and machinery, equipment, and tools for experiments arranged in a separate space to provide conditions for performing construction industry testing. The specialized construction laboratories are issued codes and have fixed addresses recorded in the Certificate of eligibility for performing specialized construction testing.

2. The specialized construction laboratory codes are used to manage the organization's Certificate of eligibility for performing specialized construction testing. The specialized construction laboratory code number is unchanged when the organization requests to re-grant or supplement or amend the content of the granted Certificate of eligibility for performing specialized construction testing, except in case of re-granting or supplementing or amending the content of the Certificate of eligibility for performing specialized construction testing granted by the Ministry of Construction, the specialized construction laboratory code shall be re-granted in accordance with this Decree. The specialized construction laboratory codes include 02 groups of symbols connected by a dot (.), specified as follows:

a) First group: The specialized construction laboratory identification code specified in the Appendix V of this Decree includes the construction laboratory's abbreviation LAS-XD and characters representing the locality granting the Certificate of eligibility for performing specialized construction testing.

b) Second group: The specialized construction laboratory number consists of 3 digits issued in natural numerical order.

3. The field experiment station is a department of the specialized construction laboratory, established by the specialized construction testing organization to serve experimental activities for specific construction works and projects during construction period for such projects or construction works. The field experiment station is arranged with human resources, machinery, equipment, and tools, meeting the space requirements and experimental conditions as a specialized construction laboratory, corresponding to the performed tests.

4. Under the actual requirements of each specific project or construction work, the specialized construction testing organization shall issue a decision on establishment of field experiment station. The decision on establishment of field experiment station must clearly state the address, accompanied by a list of transferred tests, personnel, and equipment. The decision on establishment of field experiment station is sent to the project owner or individual or organization authorized by the project owner to check and confirm compliance with the tests performed for the project. The inspection process is recorded in the minutes before conducting experimental activities, in case a field experiment station serves many projects and works at the same time, it must be clearly stated in the decision on establishment of field experiment station or the additional decisions must be issued.

5. The field experiment station uses the laboratory's LAS-XD code stated in the Certificate of eligibility for performing specialized construction testing of the specialized construction testing organization.

6. The experimental equipment located at the field experiment station must be inspected and re-calibrated at the location of the field experiment station in accordance with law on measurement before conducting experiments.".

5. To amend and supplement Article 6 as follows:

"Article 6. Dossiers, procedures and competence for grant of the Certificate of eligibility for performing specialized construction testing

1. The Certificate of eligibility for performing specialized construction testing is granted to organizations in one of the following cases:

a) Grant a new Certificate of eligibility for specialized construction laboratory in the following cases: the Certificate of eligibility for performing specialized construction testing is granted for the first time or the Certificate of eligibility for performing specialized construction testing expires and the specialized construction testing organization wishes to continue its operation;

b) Supplement and amend the Certificate of eligibility for performing specialized construction testing in case the specialized construction testing organization changes the location of the laboratory or changes, supplements or amends testing criteria and testing standards in the Certificate of eligibility for performing specialized construction testing;

c) Supplement and amend the Certificate of eligibility for performing specialized construction testing in case the specialized construction testing organization changes the address and name of such organization in the granted Certificate of eligibility for performing specialized construction testing;

d) Re-grant the Certificate of eligibility for performing specialized construction testing that is still valid but is lost or damaged or has incorrect information recorded, or when the specialized construction testing organization requests to stop carrying out some criteria in the Certificate of eligibility for performing specialized construction testing.

2. Dossiers for grant, supplementation, modification, and re-grant of the Certificate of eligibility for performing specialized construction testing include:

a) A registration form for application for a Certificate of eligibility for performing specialized construction testing, made according to form No. 01 provided in Appendix I to this Decree (for case of application for grant or re-grant of a certificate), or a registration form for supplementation or modification of a Certificate of eligibility for performing specialized construction testing, made according to form No. 02 provided in Appendix I to this Decree (for case of application for grant of a supplemented or modified certificate);

b) A list of managers and testers, enclosed with their relevant degrees and certificates of training (in cases specified at Points a and b, Clause 1 of this Article);

c) Documents proving the testing capacity which satisfies the requirements prescribed at Point b, Clause 2, Article 5 of this Decree for each case of application for grant, re-grant, supplementation or modification of a Certificate of eligibility for performing specialized construction testing specified at Points a and b, Clause 1 of this Article;

d) Documents related to the changed content in the case specified at Point c, Clause 1 of this Article (if any).

3. Procedures for grant, supplementation and modification of the Certificate of eligibility for performing specialized construction testing for the cases specified at Points a and b, Clause 1 of this Article:

a) The specialized construction testing organization shall by post or directly submit 01 dossier set to the Single-Window Department of the Provincial-level Department of Construction or submit its dossier online on the information system for handling administrative procedures of the Provincial-level Department of Construction;

b) Within 5 working days after receiving a dossier, if documents included therein are insufficient or invalid, the Provincial-level Department of Construction shall guide the organization to supplement and complete its dossier;

c) Within 15 working days after receiving sufficient and valid documents, the Provincial-level Department of Construction shall organize an evaluation at the laboratory of the organization. The delegation includes representatives of the Provincial-level Department of Construction; experts with appropriate expertise and working experience of 5 years or more since the date of university graduation. The content of the actual evaluation is as prescribed in Appendix IV attached to this Decree.

In case an organization registering for performing specialized construction testing must correct the contents specified in the minutes of actual evaluation, within 30 days from the date of making the minutes of actual evaluation, the organization registering for performing specialized construction testing must send a report of problem-solving results to the Provincial-level Department of Construction. In case it is necessary to extend the time limit for correcting the contents, the organization registering for performing specialized construction testing shall report to the Provincial-level Department of Construction in writing and clearly state the time limit for completing the remediation of the above contents, but no more than 15 days from the date of expiration of the remedy period;

d) Within 05 working days from the date of the minutes of actual evaluation and satisfactory problem-solving results (if any), the Provincial-level Department of Construction shall grant a Certificate of eligibility for performing specialized construction testing specified in Appendix II attached to this Decree.

4. Procedures for supplementation, modification, and re-grant of the Certificate of eligibility for performing specialized construction testing for the cases specified at Points c and d, Clause 1 of this Article:

a) The specialized construction testing organization shall by post or directly submit 01 dossier set to the Single-Window Department of the Provincial-level Department of Construction or submit its dossier online on the information system for handling administrative procedures of the Provincial-level Department of Construction;

b) Within 5 working days after receiving a dossier, if documents included therein are insufficient or invalid, the Provincial-level Department of Construction shall guide the organization to supplement and complete its dossier;

c) Within 05 working days from the date of receipt of sufficient and valid documents, the Provincial-level Department of Construction shall supplement, modify and re-grant the Certificate of eligibility for performing specialized construction testing.

5. Competence to grant, suspend, and cancel the Certificate of eligibility for performing specialized construction testing

a) The Provincial-level Department of Construction shall grant a Certificate of eligibility for performing specialized construction testing to the specialized construction testing organization registered for business in the province or centrally run-city;

b) The agency competent to grant the Certificate of eligibility for performing specialized construction testing is the agency competent to suspend or cancel the Certificate of eligibility for performing specialized construction testing.

6. In case of additional grant or amendment of the Certificate of eligibility for performing specialized construction testing specified at Points b, c and d, Clause 1 of this Article, its validity is recorded according to the granted Certificate of eligibility for performing specialized construction testing.

7. The evaluation costs are born by the organization registering for performing specialized construction testing in accordance with law.".

6. To amend and supplement Article 7 as follows:

"Article 7. Temporary invalidation and invalidation of the Certificate of eligibility for performing specialized construction testing

1. The Certificate of eligibility for performing specialized construction testing shall be temporarily invalidated when the specialized construction testing organization commits one of the following acts:

a) Notify the suspension of its specialized construction testing activities;

b) Fail to constantly maintain the conditions specified in Article 5 of this Decree;

c) Fail to register for additional grant or amendment of the Certificate of eligibility for performing specialized construction testing in the case specified at Point b, Clause 1, Article 6 of this Decree;

d) Provide slips of testing results which contain incorrect details or insufficient details specified in Appendix III attached to this Decree;

dd) Implement testing criteria and testing standards that are not included in the Certificate of eligibility for performing specialized construction testing or the testers possessing no degrees or certificates of training suitable to the testing field;

e) Fail to comply with the requests of competent state management agencies within the time limit stated in the conclusion of inspection and examination of specialized construction testing activities;

g) Fail to comply with regulations when placing a field experiment station.

2. The Certificate of eligibility for performing specialized construction testing shall be invalidated when the specialized construction testing organization commits one of the following acts:

a) Have been dissolved or gone bankrupt or seriously violated current regulations;

b) Notify the termination of its specialized construction testing activities;

c) Fail to correct errors after the Certificate of eligibility for performing specialized construction testing is temporarily invalidated;

d) Provide spurious test results data inconsistent with actual testing results, causing serious consequences on the quality of construction works;

dd) Change laboratory location compared to the location stated in the granted Certificate of eligibility for performing specialized construction testing.

3. The specialized construction testing organization with the Certificate of eligibility for performing specialized construction testing temporarily invalidated under the decision of the competent agency may be considered grant of a decision to restore its validity when its violations have been fully remedied within 03 months from the date of the decision on temporary invalidation. After this time limit, if the specialized construction testing organization fails to remedy the violations, the competent authority shall issue a decision to invalidate the Certificate of eligibility for performing specialized construction testing.

4. The specialized construction testing organization that have their Certificate of eligibility for performing specialized construction testing invalidated in accordance with Clause 2 of this Article may register for Certificate of eligibility for performing specialized construction testing after 06 months from the date of decision on invalidation of its Certificate of eligibility for performing specialized construction testing. The order and procedures for granting a Certificate of eligibility for performing specialized construction testing are carried out as in the case of granting a new Certificate of eligibility for performing specialized construction testing specified at Point a, Clause 1, Article 6 this Decree.”.

7. To add Article 8a below Article 8 as follows:

 “Article 8a. Responsibilities of agencies, organizations and individuals for specialized construction testing

1. Responsibilities of state management agencies:

a) The Ministry of Construction unifies the management of specialized construction testing with code LAS-XD and builds a database to manage specialized construction testing; periodically or irregularly inspect and organize specialized construction testing; periodically or irregularly inspect the Provincial-level Department of Construction’s grant, re-grant, additional grant, amendment, temporary invalidation and invalidation of the Certificate of eligibility for performing specialized construction testing;

b) The People's Committees of provinces and centrally run cities are responsible for state management of contents within the scope of regulation of this Decree in their decentralized administrative areas; direct the Provincial-level Department of Construction in granting the Certificate of eligibility for performing specialized construction testing and inspect the operations of specialized construction testing organizations in their localities;

c) The Provincial-level Department of Construction shall grant the Certificate of eligibility for performing specialized construction testing in accordance with Clause 5, Article 6 of this Decree; carry out periodic or unscheduled inspections of specialized construction laboratories, local field experiment stations, and specialized construction testing organization (if any); update data on grant, re-grant, additional grant, amendment, temporary invalidation and invalidation of the Certificate of eligibility for performing specialized construction testing on the Ministry of Construction’s electronic information page for management of specialized construction testing; before December 25 every year, report the implementation of state management of specialized construction testing in the locality to the Ministry of Construction.

2. Responsibilities of specialized construction testing organization

a) Ensure and maintain conditions on physical foundations, equipment, testers and quality management system satisfying the requirements specified in Article 5 and Article 5b of this Decree;

b) Implement the requirements of the management agency and the Provincial-level Department of Construction specified in Clause 1 of this Article;

c) Be responsible before the law for its specialized construction testing;

d) During the validity period of the Certificate of eligibility for performing specialized construction testing, conduct proficiency testing or inter-laboratory comparison of specialized construction laboratories/testing laboratories in accordance with the law on conformity assessment;

dd) Before December 20 every year, report the activities of specialized construction laboratories and field experiment stations to the Provincial-level Department of Construction for synthesis and reporting according to regulations;

e) Other responsibilities as prescribed by the law.”.

8. To replace Appendix I with Appendix I attached to this Decree.

9. To replace Appendix II with Appendix II attached to this Decree.

10. To add Appendix IV to Appendix III attached to this Decree.

11. To add Appendix V to Appendix IV attached to this Decree.

Article 9. Amending and supplementing a number of articles of Decree No. 37/2015/ND-CP dated April 22, 2015, of the Government, prescribing in detail construction contracts, which was amended and supplemented under Decree No. 50/2021/ND-CP dated April 1, 2021 of the Government

1. To amend and supplement Clause 3, Article 18 as follows:

“3. The level of advance payment, number of advance payments, time of advance payment, and level of recovery of advanced amounts shall be specified in the bidding dossier or dossier of requirements or the draft construction contract sent to the contractor as a basis for calculation of bids or proposed prices, which must be specifically agreed upon by the parties and recorded in the contract in accordance with the law and the contract implementation schedule.”.

2. To amend and supplement the first paragraph of Clause 5, Article 18 as follows:

“5. The level of advance payment must not exceed 30% of the contract value at the time of entry (including provisions, if any). In case it is necessary to advance at a higher level, it must be approved by the investment decision maker. For projects where the investment decision maker is the Prime Minister, the decision on the higher advance payment level is decided by the Minister, the Head of ministerial-level agencies, and Chairperson of the Provincial-level People’s Committee; the minimum advance payment level is specified as follows:”.

Article 10. Amending and supplementing a number of articles of Decree No. 10/2021/ND-CP dated February 9, 2021 of the Government on the management of construction investment costs

1. To amend and supplement Point a, Clause 2, Article 5 as follows:

“a) Costs of compensation, support, resettlement include: Ground clearance compensation, support and resettlement expenses include compensation for land, houses and works on land, and assets attached to land and on water surface, and other compensation expenses as specified by law; support amounts upon land recovery by the State; resettlement expense; expense for organization of compensation, support resettlement; expense for payment of land use levy and rental (if any) in the course of construction and other expenses related to the use and change of use purpose of land, water resources, and marine resources in accordance with the law (if any); expense for relocation of or payment for built technical infrastructure items (if any) serving ground clearance, and other relevant expenses;".

2. To amend and supplement Clause 1, Article 42 as follows:

“1. Guidance on finalization of the state capital other than public investment funds. Prescribe the management and use of revenues from project consultancy and management activities of owners and management units of projects using state budget capital.”.

Article 11. Amending and supplementing a number of articles of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government detailing a number of provisions on quality management, construction and maintenance of construction works

1. To amend and supplement Clause 4, and add Clause 4a below Clause 4 Article 7 as follows:

“4. In case of application of the turnkey contracts, the general contractors shall organize quality management and construction supervision for the jobs they perform and those performed by subcontractors; and discharge other responsibilities as assigned by project owners under construction contracts.

4a. In case of application of the general contracts on engineering - procurement of materials and equipment - construction of works (hereinafter referred to as the EPC general contractor), the division of responsibilities between subjects is prescribed as follows:

a) The project owner and the EPC can agree and stipulate in the contract the assignment of the EPC general contractor to perform one or more or more construction supervision contents under the responsibility of the project owner specified at Points b, c, d, dd, e, g, h, i and m, Clause 1, Article 19 of this Decree;

b) The general contractor is responsible for organizing quality management and is responsible for the work undertaken by the general contractor and subcontractors (if any); carrying out other responsibilities in accordance with the contract with the project owner.".

2. To amend and supplement Clause 2, Article 17 as follows:

“2. The construction volumes shall be calculated and certified between the construction supervisor of the project owner and the construction contractor according to construction duration or phases and compared with the approved design volumes to serve as a basis for acceptance tests and payment under contracts.”.

3. To amend and supplement Point a, Clause 3, Article 19 as follows:

“a) The general contractor is responsible for carrying out the construction supervision contents that fall within the general contractor's supervision responsibility in accordance with the contract for the work performed by itself and by the subcontractors (if any). The general contractor may implement these contents itself or hire qualified consulting contractors according to regulations to implement these contents;”.

4. To amend and supplement Clause 6, Article 21 as follows:

“6. Persons signing a written record of acceptance in case of applying EPC general contractor contract:

a) The person who directly supervises the construction of the EPC general contractor or of the project owner for jobs he/she has supervised under the contract;

b) The person in charge of construction engineering of the EPC general contractor.

In case the EPC general contractor hires a subcontractor, the person in charge of construction engineering of the EPC general contractor and person in charge of construction engineering of the subcontractor shall sign the record;

c) Representative of the project owner as agreed upon with the EPC general contractor (if any).”.

5. To amend and supplement a number of clauses, points of Article 23 as follows:

a) To amend and supplement Point d, Clause 1 as follows:

“d) Comply with the provisions of law on fire prevention and fighting, environmental protection in construction and other relevant specialized laws;”.

b) To add Points c and d to Clause 3 as follows:

“c) For works under urban center construction investment projects, the project owner must complete the construction of works under the technical infrastructure system, social infrastructure and other works (if any) in the project according to the construction plan stated in the construction investment feasibility study report of the appraised and approved project or component project;

d) Be granted an environmental permit by a competent authority or have carried out environmental registration in cases subject to having an environmental license or environmental registration according to the provisions of environmental law and implementing other relevant specialized laws (if any).

6. To amend and supplement a number of clauses, points of Article 24 as follows:

a) To amend and supplement Point b, and add Point b1 after Point b Clause 2 as follows:

“b) Specialized construction agencies under ministries managing specialized construction works may carry out examination for works under their management, regardless of investment funding sources, under Clause 3, Article 52 of this Decree, including: works assigned by the Prime Minister, special-grade works, grade-I works, works located in the administrative areas of 2 or more provinces, except for works specified at Points a and b1 of this Clause and works under construction investment projects, with the only request of preparing construction investment techno-economic report;

b1) The specialized construction agencies under the People's Committees of Hanoi and Ho Chi Minh City shall inspect works under projects invested with public investment funds decided by the Chairpersons of the City People's Committees for investment or decentralization or authorization of investment decisions, except for the works specified at Point a of this Clause;".

b) To amend and supplement Point b, Clause 4 as follows:

“b) Check the conditions for acceptance of completed works.”.

7. To amend and supplement Clause 2, Article 27 as follows:

“2. Based on specific conditions, construction works, parts or items which have been completed and tested for acceptance under regulations shall be handed over and put into operation and use at the request of project owners or operators/users. In case of handing over works or work items under an urban center construction investment project, before handover, it must complete the construction of works under the technical infrastructure system, social infrastructure and other works (if any) in the project according to the construction plan stated in the construction investment feasibility study report of the appraised and approved project or component project according to regulations.”.

8. To amend and supplement Clause 3 and add Clause 3a below Clause 3, Article 53 as follows:

“3. Construction works commenced before the effective date of this Decree that are subject to acceptance inspection in accordance with this Decree shall be carried out in accordance with this Decree, except for the cases specified in Clause 3a of this Decree.

3a. Construction works commenced before the effective date of this Decree that are subject to acceptance inspection in accordance with Decree No. 46/2015/ND-CP, this Decree and the authority to inspect the acceptance test determined in accordance with Decree No. 46/2015/ND-CP is a specialized construction agency under the Provincial-level People’s Committee or District-level People's Committee according to decentralization, the authority to inspect the acceptance test shall comply with Decree No. 46/2015/ND-CP.”.

9. To replace Appendix VII with Appendix V attached to this Decree.

Article 12. Amending and supplementing a number of articles of Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing a number of provisions on management of construction investment projects

1. To amend and supplement Point a, Clause 1, Article 4 as follows:

“a) The project preparation includes the following tasks: construction survey; formulation and appraisal of construction investment pre-feasibility study report or report on proposing investment policy, decision or approval of investment policy (if any); formulation, appraisal and approval of detailed construction planning to serve the formulation of construction investment feasibility study report or construction investment technical - economic report; formulation and appraisal of the construction investment feasibility study report or construction investment techno-economic report to approve the project, decide on construction investment and perform other necessary work related to the project preparation;".

2. To amend and supplement Point c, Clause 3, Article 5 as follows:

“c) Construction investment projects mainly consisting of components on procurement, service provision and equipment installation, or projects on repair or upgrading of works not affecting their force-bearing safety in which the construction expenses (excluding equipment costs) accounting for under 10% of the total investment and not exceeding VND 5 billion (except national important projects, group-A projects, and PPP projects).”.

3. To supplement Clause 3, Article 11 as follows:

“3. The formulation of a construction investment feasibility study report is carried out for the entire project or each component project, each implementation stage of the project (for one or several works under the project) when the project has investment phasing but must ensure compliance with the investment policy decision or investment policy approval decision or investment approval document or investment registration certificate issued by a competent authority; the construction investment feasibility study report of a component or phased project must show the contents specified in Clauses 1 and 2 of this Article, ensuring satisfaction of synchronization requirements of the entire project.”.

4. To amend and supplement Clause 4, first paragraph of Clause 5, Article 12 as follows:

“4. The appraisal requesters shall prepare dossiers of request for appraisal of construction investment feasibility study reports or construction investment techno-economic reports and submit them to agencies in charge of appraisal specified in Clause 3 of this Article for appraisal. For the results of appraisal of the construction investment techno-economic report, refer to the Form No. 02a Appendix I of this Decree. The decision to approve the project only requiring preparing construction investment techno-economic report using the public investment funds, the state capital other than public investment funds, is made according to Form No. 03a Appendix I of this Decree.

5. According to the specific requirements of each project, the project owner or the agency assigned to prepare the project must carry out procedures and requirements according to relevant laws at the project preparation and submission to the agency in charge of appraisal to serve as a basis for reviewing and appraising the construction investment feasibility study report and the construction investment techno-economic report, including:”.

5. To amend and supplement a number of clauses, points of Article 13 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise projects assigned by the Prime Minister; group-A projects; group-B projects with special-grade works, grade-I works in which heads of central agencies of political organizations, the Supreme People’s Procuracy, Supreme People’s Court, State Audit Office of Vietnam, President Office, National Assembly Office, ministries, ministerial-level agencies, government-attached agencies, or central agencies of the Vietnam Fatherland Front or socio-political organizations (below collectively referred to as central agencies) decide on investment; projects to be invested in construction in administrative areas of 2 or more provinces; and projects falling in the fields under their management in which ministries managing specialized construction works (to which these specialized construction agencies are attached) decide on investment, except those specified at Point c of this Clause;”.

b) To amend and supplement Point a, Clause 2 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise projects with investment policy to be approved by the National Assembly or Prime Minister; group-A projects; group-B projects with special-grade or grade-I works; projects to be invested in construction in administrative areas of 2 or more provinces; and projects falling in fields under their management in which ministries managing specialized construction works (to which these specialized construction agencies are attached) decide on investment, except those specified at Point c of this Clause;”.

c) To amend and supplement Point a, Clause 3 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise projects with investment policy to be decided by the Prime Minister; projects which heads of central agencies or heads of other agencies under the law on investment in the PPP form approve the project; projects to be built in administrative areas of 2 or more provinces;”.

d) To amend and supplement Point a, Clause 4 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise projects with investment policy to be approved by the National Assembly or Prime Minister; group-A projects; group-B projects with special-grade or grade-I works; projects to be invested in construction in administrative areas of 2 or more provinces;”.

dd) To amend and supplement Clause 5 as follows:

“5. For projects with many works of different types and grades, the competence of specialized construction agencies to appraise such projects shall be determined based on fields under their management as specified in Article 109 of this Decree for the main work of a project or of a main work of the highest grade in case a project has many main works. In case the main works have the same grade, the project owner can choose to submit for appraisal to a specialized construction agency according to one main work of the project.".

e) To add Clause 6 as follows:

“6. For a construction investment project divided into component projects, the authority to appraise the construction investment feasibility study report of a specialized construction agency is determined according to the group of the component project and grade of works under the component projects. In case a component project includes many works of different types and grades, the appraisal authority of the specialized construction agency for the component project is determined in accordance with Clause 5 of this Article.

In case the division of a component project is determined when deciding on investment, the project owner must prepare and submit for appraisal the overall project construction investment feasibility study report for all technical infrastructure works ensuring connection and operation of the project; other construction works (if any). The overall project construction investment feasibility study report for all technical infrastructure works and other construction works (if any) must include the note to the division of component projects for the remaining works, ensuring the satisfaction of the conditions for division of component projects as prescribed at Point a, Clause 2, Article 50 of the Construction Law No. 50/2014/QH13, amended and supplemented under Clause 9, Article 1, the Law No. 62/2020/QH14 and ensuring the progress according to the construction plan for each component project.".

6. To amend and supplement Point d, Clause 3, Article 14 as follows:

“d) A document stating opinions on fire prevention and fighting solutions of the basic design; a document on results of performance of procedures for environmental impact assessment or environmental permit in accordance with the law on environmental protection (if such is required by the law on fire prevention and fighting or law on environmental protection);

Procedures concerning fire prevention and fighting and environmental protection shall be carried out simultaneously and documents relating to such procedures are not required at the time of submitting a dossier of request for appraisal of a construction investment feasibility study report but performance results shall be sent to the specialized construction agency 5 working days before the deadline for notification of appraisal results. In case the project owner requests performance of procedures for soliciting opinions on fire prevention and fighting solutions of the basic design under the inter-agency single-window mechanism upon appraisal of a construction investment feasibility study report by the specialized construction agency, it/he/she shall additionally submit 1 dossier specified by the law on fire prevention and fighting;”.

7. To amend and supplement a number of clauses, points of Article 15 as follows:

a) To amend and supplement Point a, Clause 7 as follows:

“a) After being modified and completed, a dossier of request for appraisal shall be examined by a specialized construction agency and appended with a seal for certification of appraised contents on relevant drawings of 1 dossier set of construction design drawings. An appraisal seal specimen is provided in Form No. 08 provided in Appendix I to this Decree. Drawings appended with an appraisal seal shall be returned to the appraisal requester; the appraisal requester shall archive documents in accordance with the law on archives and promptly satisfy a request of the specialized construction agency for examination of such documents. The appraisal requester shall submit copies (in .PDF format) of documents of the feasibility study report and construction designs appended with an appraisal seal to the specialized construction agency within 15 days from the date of receipt of the documents with an appraisal seal. In case it is not possible to archive in .PDF format, the specialized construction agency requires the appraisal requester to submit an additional set of drawings to be sealed for archiving;".

b) To amend and supplement Point a, Clause 8 as follows:

“a) For projects governed by the law on bidding, the selection of organizations and individuals to verify construction designs shall be carried out in accordance with the law on bidding;”.

8. To add Clause 5, Article 19 as follows:

“5. The project adjustment only requires the preparation of construction investment techno-economic report to be reviewed and decided by the investment decision maker and is specifically stipulated as follows:

a) In case the adjustment increases the total construction investment exceeding 10% of the level prescribed in preparation of construction investment techno-economic report in accordance with Points b and c, Clause 3, Article 5 of the Decree, the adjusted construction investment feasibility study report must be prepared and the adjusted appraisal shall comply with Clauses 2, 3 and 4 of this Article.

In case only the total construction investment is adjusted without adjusting the construction design, the basic design is not required but the construction drawing design can be used in the construction investment techno-economic report to prepare an adjusted construction investment feasibility study report and implement the next steps;

b) In case of only adjusting the construction drawing design and not changing the contents specified in Clause 2 of this Article, other than the case specified at Point a of this Clause, after receiving approval from the investment decision maker on adjusting the project, the project owner evaluates and approves the adjusted content.".

9. To amend and supplement Clause 2 and Clause 3, Article 21 as follows:

“2. The competence to establish and organize operation of specialized project management units, regional project management units is provided as follows:

a) For the projects using public investment funds, specialized project management units, regional project management units as public non-business units; the competence to establish specialized project management units, regional project management units is determined in accordance with the law on public non-business units;

b) For the projects using state capital other than public investment funds or other funds, the competent representatives of agencies, organizations and enterprises shall establish specialized project management units, regional project management units according to management requirements and specific project conditions.

3. The number of specialized project management units, regional project management units as public non-business units to be established shall be considered and decided by persons who decide on their establishment, specifically as follows:

a) The specialized project management units, regional project management units under the management authority of ministries and central agencies: shall be established in accordance with specialties in the field of management or according to the requirements of building physical foundations and infrastructure in regions and areas to manage construction investment projects under the management authority of the ministries and central agencies;

b) The specialized project management units, regional project management units under the management authority of the Provincial-level People’s Committee: shall be established according to project specialties classified in Appendix IX of this Decree or according to construction investment areas to manage construction investment projects under the management authority of the Provincial-level People’s Committee;

c) The specialized project management units, regional project management units under the management authority of the District-level People's Committee: shall be established to manage construction investment projects under the management authority of the District-level People's Committee.".

10. To amend and supplement a number of clauses, points of Article 36 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise construction designs of works of projects assigned by the Prime Minister; national important projects; group-A projects; group-B projects with special-grade or grade-I works in which heads of central agencies decide on investment; projects to be built in administrative areas of 2 or more provinces; projects in sectors under their management in which ministries managing specialized construction works (to which such specialized construction agencies are attached) decide on investment, except those specified at Point c of this Clause;”.

b) To amend and supplement Point a, Clause 2 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise construction designs of works of projects with investment policy to be approved by the National Assembly or Prime Minister; group-A projects; group-B projects with special-grade or grade-I works; projects to be invested in construction in administrative areas of 2 or more provinces; and projects falling in fields under their management in which ministries managing specialized construction works (to which these specialized construction agencies are attached) decide on investment, except those specified at Point c of this Clause;”.

c) To amend and supplement Point a, Clause 3 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise construction designs of works of projects on which investment policy is approved by the National Assembly or Prime Minister; projects which ministers or heads of central agencies or other agencies in accordance with the law on investment in the PPP form; projects to be built in administrative areas of 2 or more provinces;”.

d) To amend and supplement Point a, Clause 4 as follows:

“a) Specialized construction agencies of ministries managing specialized construction works shall appraise construction designs of works of projects with works greatly affecting community safety or interests, including: group-B projects with special-grade or grade-I works; projects to be built in administrative areas of 2 or more provinces;".

dd) To amend and supplement Clause 5 as follows:

“5. For projects with many works of different types and grades, the competence of specialized construction agencies to appraise such projects shall be determined based on fields under their management as specified in Article 109 of this Decree for the main work of a project or of a main work of the highest grade in case a project has many main works. In case the main works have the same grade, the project owner can choose to submit for appraisal to a specialized construction agency according to one main work of the project.".

11. To amend and supplement Point b, Clause 3, Article 37 as follows:

“b) Attached legal documents, including: a decision approving the construction investment project enclosed with an approved construction investment feasibility study report; a notice of results of appraisal by a specialized construction agency and documents of basic design drawings bearing a certification seal (if any); a report on results of verification of the construction design by the verification consultancy contractor certified by the project owner (if required); a written approval of the fire prevention and fighting design and results of performance of procedures for environmental impact assessment or environmental permit in accordance with the law on fire prevention and fighting and environmental protection (if required) and other relevant documents.

Procedures concerning fire prevention and fighting shall be carried out simultaneously and documents relating to such procedures are not required at the time of submission for appraisal of a construction investment feasibility study report but performance results shall be sent to the specialized construction agency 5 working days before the deadline for notification of appraisal results;”.

12. To amend and supplement Clause 2, Article 41 as follows:

“2. Determination of conditions suitable for planning in some cases:

a) For areas with construction planning and according to regulations, the construction investment projects must be consistent with planning of a technical nature or other specialized fields, the construction planning and technical and specialized planning are the basis for considering granting construction permits;

b) For areas without construction planning, the planning of technical nature, other related disciplines or urban design or architectural management regulations or documents of competent state agencies on location and total area (for projects not following urban lines) is the basis for consideration of granting construction permits.”.

13. To annul Clause 3, Article 41.

14. To add Article 41a below Article 41 as follows:

“Article 41a. Competence to grant construction permits

1. The competence to grant, adjust, extend, re-grant and revoke construction permits (hereinafter referred to as the competence to grant construction permits) shall comply with Article 103 of the Construction Law No. 50/2014/QH13 amended and supplemented under Clause 37, Article 1 of the Law No. 62/2020/QH14.

2. The competence to grant construction permits is determined in some cases:

a) For the projects with many works of different types and grades, the competence to grant construction permits is determined according to the work with the highest grade of construction;

b) When adjusting the construction design or repairing or renovating a work that changes the work grade, the competence to grant construction permits is determined according to the work grade after adjustment of the design or repair, renovation.

3. The Provincial-level People’s Committee regulates the decentralization and authorization of competence to grant construction permits in accordance with Clause 2, Article 103 of the Construction Law No. 50/2014/QH13, amended and supplemented under Clause 37, Article 1 of the Law No. 62/2020/QH14.”.

15. To add Point dd Clause 1 Article 43 as follows:

dd) In case the project owner leases land for construction investment, supplement the legal land lease contract. In case of investment in construction of works attached to existing works or parts of works, supplement additional documents proving ownership of the works or parts of the works or legal lease contract of the works or parts of the works (if the project owner leases the works or parts of the works to invest in construction); report on the results of the construction safety assessment and drawings showing the connection solution of the works with the existing works.”.

16. To amend and supplement Point a, Clause 1, Article 53 as follows:

“a) It is granted in contravention of law due to the fact that documents included in the application dossier have been forged; it contains errors due to faults of the permit-granting agency; or it is granted ultra vires; it does not meet the conditions for granting a construction permit as prescribed by the law;".

17. To amend and supplement Points b and c, Clause 3, Article 62 as follows:

“b) Design and supervise steps of finishing construction works, such as plastering, paving, painting, door installation, and other similar jobs that do not affect the force-bearing structure of works; supervise construction of project interiors;

c) Construction activities for individual houses specified at Point b, Clause 7, Article 79 of the Construction Law No. 50/2014/QH13; green park; cables transmitting telecommunication signals.”.

18. To amend and supplement a number of points and clauses in Article 63 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) First-time grant of practice certificate (including cases of first-time grant of certificate and cases of adding construction activities that are not included in the certificate); adjustment of the grade of practice certificates;".

b) To amend and supplement Clause 4 as follows:

“4. An individual shall request the extension of his/her practice certificate within 6 months prior to the date of expiration of the certificate. Past this time limit, if wishing to continue practicing construction activities, he/she shall apply for a new practice certificate as in the case specified at Point a, Clause 1 of this Article.".

19. To add Clause 3, Article 64 as follows:

“3. The agencies competent to grant practice certificates as prescribed in Clause 1 of this Article shall grant adjustments and supplements to the contents of practice certificates and re-grant practice certificates for certificates previously granted by them except for the cases specified in Clause 11, Article 110 of this Decree.”.

20. To amend and supplement Point b, Clause 3, Article 67 as follows:

“b) Mechanical-electrical design of works: engineering specialty relating to power technical systems, mechanical engineering, or air ventilation-heat supply and dissipation;”.

21. To amend and supplement Clause 1 and Clause 2, Article 71 as follows:

“1. Class-I practice certificate: Have worked as a chief supervisor or chief construction-site commander or person in charge of a specialized field of construction supervision of specialized project management units, regional project management units, or design chief of activities to be practiced under the certificate for at least 1 work of grade I or higher grade or at least 2 works of grade II or higher grade in the field of activities to be practiced under the certificate.

2. Class-II practice certificate: Have worked as a chief supervisor or chief construction-site commander or person in charge of a specialized field of construction supervision of specialized project management units, regional project management units, or design chief of activities to be practiced under the certificate for at least 1 work of grade II or higher grade or at least 2 works of grade III or higher grade in the field of activities to be practiced under the certificate.”.

22. To amend and supplement Point a, Point b, Clause 2, Article 72 as follows:

“a) Class-I practice certificate: Have taken charge of one of construction investment cost management jobs or been in charge of the specialized field of construction valuation of the specialized project management units, regional project management units of at least 1 project of group A or higher group or at least 2 projects of group B or higher group, or 1 work of grade I or higher grade or at least 2 works of grade II or higher grade;

b) Class-II practice certificate: Have been in charge of one of construction investment cost management jobs or been in charge of the specialized field of construction valuation of the specialized project management units, regional project management units of at least 1 project of group B or higher group or at least 2 projects of group C or higher group, or 1 work of grade II or higher grade or at least 2 works of grade III or higher grade;”.

23. To amend and supplement a number of clauses, points of Article 76 as follows:

a) To amend and supplement the first paragraph of Point c, Clause 1 as follows:

“c) A degree granted by a lawful training institution which is relevant to the type and class of the to-be-granted certificate; in case the degree does not state the training discipline, the transcript must be submitted as a basis for examination and evaluation;".

b) To amend and supplement Point h, Clause 1 as follows:

“h) The documents specified at Points c, dd and e of this Clause must be certified copies or files containing color photos taken from their originals, or copies together with their originals for comparison or practice certificate code for documents at Point d of this Clause.”.

c) To amend and supplement the first paragraph of Clause 4 as follows:

“4. Foreign individuals who convert construction practice certificates must meet the conditions specified in Article 66 and Article 67 of this Decree. Dossier for conversion of practice certificate includes:".

24. To amend and supplement clauses and points of Article 77 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Agencies competent to grant practice certificates shall organize tests for individuals applying for practice certificates. In case an individual wishes to register for taking a test before submitting a dossier of application for a practice certificate, he/she shall send a test registration declaration, made according to Form No. 02 provided in Appendix IV to this Decree, to one of the agencies specified in Clause 1, Article 64 of this Decree to register for testing. The test is carried out in the form of an in-person test or an online test.”.

b) To amend and supplement Clause 3 as follows:

“3. A test consists of questions on legal knowledge and questions on professional knowledge. In case an individual has an unexpired practice certificate, he/she will, when taking a test, be exempt from answering questions on professional knowledge relating to the field of practice stated in the certificate.

A test shall not be required for an individual who requests conversion of practice certificates; re-grant of a practice certificate in case his/her practice certificate is unexpired but lost or damaged.”.

c) To amend and supplement Clause 4 as follows:

“4. The test results shall be retained for 12 months from the date of testing as a basis for consideration for grant of a practice certificate.".

d) To add Clauses 5a, 5b and 5c below Clause 5 as follows:

“5a. Requirements for technical infrastructure and online test software serving the grant of practice certificates:

a) The establishments holding online test must ensure requirements for Internet connection and connection equipment, computers and terminals with appropriate configuration to install and operate the online testing software system; have space for installation of equipment to serve the supervision of online test candidates;

b) Have solutions to ensure information security, electronic data storage and personal information security according to regulations when organizing online tests;

c) The test software has the ability of test suspension upon detecting any violation during the testing process; in case the candidate can explain objective reasons, the exam administrator allows the exam to be retaken;

d) The software ensures the ability to serve online test smoothly during the testing process, with a mechanism to ensure the integrity and security of information before, during and after the test.

5b. Online test management:

a) The testing process shall be monitored through the camera of the testing equipment, online testing software and surveillance screen and equipment system at the testing establishment;

b) The test administrator is responsible for guiding and checking the suitability of the equipment and test area of ​​the candidates before the test.

5c. The organization or agency holding the test shall decide on the form of test to serve the grant of practice certificate; promulgate online testing regulations, ensure satisfaction of management requirements, requirements on technical infrastructure, and online testing software during the process of organizing online testing.".

25. To amend and supplement Point c, Clause 1, Article 81 as follows:

“c) Satisfy the requirements on physical foundations serving tests for grant of construction practice certificates according to the contents in Clause 5, Article 77 of this Decree in case of holding in-person test; satisfy the requirements on management, technical infrastructure, and online testing software as prescribed in Clause 5a and Clause 5b, Article 77 of this Decree in case of holding online test.”.

26. To amend and supplement a number of clauses, points of Article 83 as follows:

a) To amend and supplement Clause 2 as follows:

“2. When operating in the fields specified at Points a, b, c, d, dd and e, Clause 1 of this Article, an organization must possess a construction capacity certificate (below referred to as capacity certificate), except the cases specified in Clause 3 of this Article. The fields and scope of operation of capacity certificates are provided in Appendix VII to this Decree. In case an organization possessing capacity certificate has a field of construction operation different from the provisions in Appendix VII of this Decree, upon renewing the certificate, the field of construction operation recorded on the capacity certificate is the field specified in Appendix VII of this Decree and is determined accordingly under the experience of performing appropriate work of the organization declared in the application for a capacity certificate.”.

b) To amend and supplement Points d and dd Clause 3 as follows:

“d) Design, supervise and execute steps of finishing construction works, such as plastering, paving, painting, door installation, and other similar jobs that do not affect the force-bearing structure of works; supervise, execute project interiors;

dd) Participate in construction activities for individual houses specified at Point b, Clause 7, Article 79 of Construction Law No. 50/2014/QH13; green parks, public lighting works; cables transmitting telecommunication signals; the project only includes the works mentioned at this point;".

27. To amend and supplement a number of clauses, points of Article 84 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) First-time grant of capacity certificate (including cases of first-time grant of certificate and cases of adding construction activities that are not included in the certificate); adjustment of the class of capacity certificates;".

b) To amend and supplement Clause 4 as follows:

“4. The organization shall request the extension of his/her capacity certificate within 6 months prior to the date of expiration of the certificate. Past this time limit, if wishing to continue practicing construction activities, he/she shall apply for a new capacity certificate as in the case specified at Point a, Clause 1 of this Article.".

28. To amend and supplement a number of clauses, points of Article 86 as follows:

a) To amend and supplement Point b, Clause 1 as follows:

“b) The Provincial-level Department of Construction issues class II and class III capacity certificates; recognized socio-professional organizations in accordance with Article 100 of this Decree shall issue class II and class III capacity certificates to their affiliated organizations and members.”.

b) To add Clause 3 as follows:

“3. The agencies competent to grant capacity certificates as prescribed in Clause 1 of this Article shall grant adjustments and supplements to the contents of capacity certificates and re-grant capacity certificates for certificates previously granted by them except for the cases specified in Clause 11, Article 110 of this Decree.”.

29. To amend and supplement a number of clauses, points of Article 87 as follows:

a) To amend and supplement Point d, Clause 1 as follows:

“d) Declaration of identification numbers of practice certificates granted in the application for a capacity certificate of individuals who have been granted a practice certificate of holders of titles requiring practice certificates. For the title of chief commander with only experience in performing construction work, it will be replaced by a training degree appropriate to the job undertaken corresponding to the provisions of Clause 4, Article 67 of this Decree, enclosed with a declaration and self-determination of the class of practice certificate according to Form No. 05, Appendix IV of this Decree (no requirement to declare the content of the practice certificate); training degree of individuals participating in work performance;".

b) To amend and supplement Clause 2, Clause 3 as follows:

“2. A dossier of request for extension of a capacity certificate must comprise an application for a capacity certificate, made according to Form No. 04 provided in Appendix IV to this Decree and a certified copy or legally valid electronic copy or declaration of identification numbers of practice certificates granted in the application for a capacity certificate. The legal representative of the organization shall declare, take responsibilities before the law for the legality, truthfulness and accuracy of the declared information and documents in the dossier. The organizations will be extended its capacity certificate when they submit their application within the time specified in Clause 4, Article 84 of this Decree and have personnel and experience in construction activities related to the field in which the certificate is requested to be extended according to the declaration meeting the conditions for grant of capacity certificate, in which the organization's experience according to the declared content has been or is being implemented in accordance with the field of construction activities and capacity class.

A dossier of request for re-grant of a capacity certificate includes an application for a capacity certificate according to Form No. 04, Appendix IV of this Decree and the original capacity certificate issued in case the capacity certificate has incorrect information. In case the capacity certificate is damaged or lost, the requester shall make a commitment.

3. A dossier of request for modification and supplementation of capacity certificate content includes application for grant of capacity certificate according to Form No. 04 Appendix IV of this Decree and documents related to the content proposed to be adjusted and supplemented in accordance with Clause 1 of this Article.”.

30. To amend and supplement Clause 6, Article 89 as follows:

“6. An organization shall be regarded as having suitable experience when its declared jobs under the organization's issued business lines have undergone pre-acceptance testing under regulations and been performed in conformity with the fields of operation and class of capacity and within the validity period of its capacity certificate. In case the organization’s experience is acquired in the period when capacity certificates are not required, such experience must be suitable to the granted business lines of the organization. Organizations applying for a class-III capacity certificate are not required to prove experience in job performance. The organization's business line is determined to be suitable when it includes the field of operation for which a capacity certificate is requested.

In case the organization only carries out construction activities for specialized construction jobs, it will be assessed and issued a certificate of construction capacity for construction works of such specialized construction job.”.

31. To amend and supplement Point b, Clause 1, Article 90 as follows:

“b) After receiving a complete and valid dossier, the agency competent to grant capacity certificates shall grant a capacity certificate within 20 days, in case of first-time grant of a capacity certificate, adjustment of the class of a capacity certificate, or modification and supplementation of a capacity certificate; within 10 days, in case of re-grant of a capacity certificate. If the dossier is incomplete or invalid, the agency competent to grant capacity certificates shall issue a written notice to the applying organization within 5 working days after receiving the dossier applying for capacity certificate.”.

32. To amend and supplement a number of clauses, points of Article 93 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) Having staff members holding the title of manager or chief of construction design and verification of construction design disciplines who must possess a class-I practice certificate or architectural practice certificate for architectural design and architectural verification services issued under the Law on Architecture, suitable to the professional fields they are in charge of;”.

b) To amend and supplement Point a, Clause 2 as follows:

“a) Having staff members holding the title of manager or chief of construction design and verification of construction design disciplines who must possess a class-II or higher practice certificate or architectural practice certificate for architectural design and architectural verification services issued under the Law on Architecture, suitable to the professional fields they are in charge of;”.

c) To amend and supplement Point a, Clause 3 as follows:

“a) Having staff members holding the title of manager or chief of construction design and verification of construction design disciplines who must possess a class-III or higher practice certificate or architectural practice certificate for architectural design and architectural verification services issued under the Law on Architecture, suitable to the professional fields they are in charge of;”.

33. To amend and supplement Clause 3, Article 104 as follows:

          “3. Competence to grant construction operation licenses

The Provincial-level Department of Construction issues construction operation licenses (including adjustment licenses) to foreign contractors carrying out construction investments in its administrative area. In case of construction investment project in the area of ​​02 or more provinces, the competent authority is the Provincial-level Department of Construction of the locality where the foreign contractor plans to locate its executive office.”.

34. To add Article 104a below Article 104 as follows:

“Article 104a. Adjustment of construction operation licenses

1. After being granted a construction operation license, if there are changes in the name and address of the contractor, changes in members of the contractor consortium or subcontractors or other contents recorded in the granted construction operation license, the foreign contractor must submit directly or by post 01 dossier set to the agency granting construction operation licenses for consideration of adjustment of the granted construction operation license. The adjusted construction operation license is prescribed according to Form No. 7, Appendix III of this Decree.

2. A dossier of request for adjustment of construction operation license includes:

a) Application for adjustment of construction operation license as prescribed according to Form No. 8, Appendix III of this Decree;

b) Documents proving the proposed adjustment contents. Documents must be translated into Vietnamese and authenticated according to Vietnamese law.

3. The duration of adjusting the construction operation license is carried out within 20 days from the date of receipt of complete and valid documents.".

35. To amend and supplement a number of clauses of Article 109 as follows:

a) To amend and supplement the first paragraph of Clause 4 as follows:

“4. The Provincial-level People’s Committees shall perform the state management of contents within the scope of regulation of this Decree in their localities as decentralized; promulgate procedures for appraisal, approval, and adjustment of construction investment techno-economic report for projects using public investment funds, state capital other than public investment issued by the People's Committees at provincial and district levels, the commune level to decide on investment; direct and inspect their specialized construction agencies in appraising construction investment feasibility study reports, construction investment techno-economic reports, and construction designs to be implemented after basic designs of work construction investment projects of their sectors, specifically as follows:

b) To amend and supplement Clause 6 as follows:

“6. District-level People’s Committees shall perform state management of contents within the scope of regulation of this Decree in their localities as decentralized; direct and inspect their attached divisions in charge of construction management in appraising construction investment feasibility study reports, and construction designs to be implemented after basic designs of works as decentralized by the Provincial-level People’s Committees.”.

36. To amend and supplement a number of clauses of Article 110 as follows:

a) To add Clause 1a, Clause 1b below Clause 1 as follows:

“1a. The transition of project implementation using the Build-and-Transfer (BT) contract is carried out in accordance with the law on investment in the public-private partnership method. In case the BT project is transitioned in accordance with the law on PPP (BT project has selected investor but has not yet formulated a construction design to be implemented after the basic design, adjusted BT project), the authority, content and appraisal process of specialized construction agencies for construction investment feasibility study reports and construction designs implemented after the basic design are carried out according to the regulations for PPP projects of this Decree.

1b. For projects identified as urban center construction investment projects in the construction planning, the investment policy approved or decided by a competent authority before the effective date of this Decree that does not meet the scale specified in Clause 1, Section VII, Appendix IX of this Decree, the specific regulations on urban centers in accordance with this Decree is not required; the classification of urban center projects in accordance with Appendix IX of this Decree does not apply to determine new urban center construction projects subject to land recovery in accordance with Article 62 of the Land Law No. 45/ 2013/QH13; contents related to land law and bidding law for urban centers and new urban centers are implemented in accordance with the land law and bidding law.”.

b) To amend and supplement Clause 4 as follows:

“4. For construction works that have appraisal results of their construction designs to be implemented after basic designs notified by specialized construction agencies under the Government’s Decree No. 113/2020/ND-CP of September 18, 2020, but are not required to be appraised by specialized construction agencies on construction designs implemented after the basic design in accordance with the Law on Construction No. 50/2014/QH13, which was revised under the Law No. 62/2020/QH14, when adjustments to construction projects and designs to be implemented after basic designs are required, the appraisal and management of construction permits shall be carried out as follows:

a) When adjusting a project in the case specified in Clause 2, Article 19 of this Decree, the adjusted construction investment feasibility study report must be submitted to a specialized construction agency for appraisal. For construction designs implemented after the basic design, the project owner organizes appraisal and approval according to regulations;

b) In case of notification of the results of appraisal of construction design implemented after the basic design and conclusion of eligibility for exemption from construction permit, when adjusting the project, adjusting construction design implemented after the basic design, it shall continue to be exempt from construction permits. The project owner sends a notice of adjusted contents along with construction design documents to the local state management agency on construction before continuing construction;

c) In case the notification of construction design appraisal results implemented after the basic design of a specialized construction agency without assessment on eligibility for exemption from construction permits, the procedures for granting a construction permit or adjusted construction permit must be carried out according to regulations.”.

c) To amend and supplement Clause 11 as follows:

“11. Construction capacity certificates and construction practice certificates already granted to organizations and individuals in accordance with the Law on Construction may be further used in fields and within operation scopes stated in such certificates until they expire. From the effective date of this Decree, organizations and individuals that request modification or supplementation of their construction capacity certificates or construction practice certificates shall comply with this Decree. The agency competent to grant practice certificates and capacity certificates in accordance with Points b and c, Clause 1, Article 64 and Point b, Clause 1, Article 86 of this Decree shall issue class II and class III practice certificates and capacity certificates issued by the specialized construction agency under the Ministry of Construction before the effective date of this Decree.”.

37. To replace the phrase "new grant" in Clause 1, Article 78 with the phrase "first grant"; replace the phrase "class promotion" in Clause 1, Article 78 with the phrase "class adjustment".

38. To replace Form No. 02, Form No. 03; add Form No. 02a, Form No. 03a Appendix I in Appendix VI attached to this Decree.

39. To amend and supplement a number of contents in Appendix II, IV, VI, VII and IX in Appendix VII attached to this Decree.

Article 13. Inspection of the compliance with laws in the fields of state management of the Construction sector

1. The fields of state management of the Construction sector (hereinafter referred to as construction fields) include:

a) Construction planning and urban planning fields;

b) Architecture field;

c) Construction investment operation field;

d) Urban development field;

dd) Technical infrastructure field;

e) Housing and office fields;

g) Real estate market field;

h) Construction materials field.

2. Responsibility for organizing and directing the inspection of compliance with law in construction fields is prescribed as follows:

a) The Minister of Construction organizes inspection of construction fields nationwide. The specialized units under the Ministry of Construction, according to their assigned functions and tasks, are responsible for supporting the Minister carry out inspections in assigned fields;

b) The Chairpersons of the People's Committees of the provinces or centrally run cities (hereinafter referred to as the Provincial-level People’s Committees) shall organize inspection of the compliance of laws in the fields of construction within their ​​management; direct participation and coordination in inspection in the field of construction for the cases specified at Point a of this Clause or at the request of competent authorities. The specialized agencies under the Provincial-level People’s Committees have the function of advising on state management of the construction sector and assisting the Chairpersons of the Provincial-level People’s Committees in carrying out inspection. The Provincial-level People’s Committee shall decentralize and authorize inspection to the Provincial-level Department of Construction; the Department of Planning and Architecture of Hanoi and Ho Chi Minh City (for the fields of construction planning, architecture and urban planning); District-level People's Committee; Commune-level People's Committee in accordance with the provisions of law and practical situation in the locality.

3. Inspection of compliance with law in construction fields is carried out annually or irregularly according to inspection plans and inspection decisions, which are prescribed as follows:

a) The competent persons or the heads of decentralized and authorized agencies specified in Clause 2 of this Article shall issue inspection plans (for each field or multiple fields) before March 15 every year to carry out periodic inspection; decide to organize unscheduled inspections when necessary.

In case the competent person issues a separate annual inspection plan for each field, it must ensure that the inspection subjects do not overlap with inspection plans of other fields.

The annual inspection plan of the competent person specified at Point a, Clause 2 of this Article must ensure that there is no overlap in content, subjects, scope, and field of inspection with the annual inspection plan of the competent person specified at Point b, Clause 2 of this Article and does not overlap with the inspection plan;

b) The competent person or the head of decentralized or authorized agency specified in Clause 2 of this Article shall issue inspection decision.

The inspection decision includes the following basic contents: attached date of issuance of the inspection decision; basis for issuing inspection decisions; subject to be inspected; inspection location; inspection content; inspection period; full names and positions of the team leader, deputy team leader and members of inspection team; rights and responsibilities of the inspection team; rights and responsibilities of subject to be inspected; funding for inspection; full names and positions of the issuer of the inspection decision; proposed report outline, list of related documents, etc. (if any);

c) The inspection organization is carried out in many forms: Organize an inspection at the inspection location or send documents by official dispatch to the agency performing the inspection or organize an online meeting about the inspection content or other forms (if any).

4. Contents of inspection

a) Promulgation of legal documents, directive and administrative documents in the field of construction; announcement of construction norms, unit prices, and basic standards in the construction field (if any);

b) Implementation of legal regulations, decentralized and authorized tasks, and tasks according to assigned functions in the field of construction;

c) Arrangement of resources and other conditions to ensure law enforcement; implementation of statistics, reporting, storage, construction and management of database.

5. Inspection conclusion

a) Within 15 days from the date of completion of the inspection activity, the inspection team drafts an inspection conclusion and sends it to the inspected subject to get comments on the contents of the draft inspection conclusion;

b) Within 05 working days from the date of receiving the draft inspection conclusion, the inspected subject shall send the inspection team's written opinions on the contents of the draft inspection conclusion;

c) Within 05 working days from the date of receiving written comments from the inspected subject on the contents in the draft inspection conclusion or 03 working days from the date of expiration of the time limit specified at Point b of this Clause, if failing to receive written options from the inspected subject on the contents of the draft inspection conclusion, the inspection team leader shall submit it to the person with inspection competence to issue the inspection conclusion.

The issuer of the inspection decision or the head of the inspection team in case authorized by the issuer of the inspection decision (hereinafter referred to as the issuer of inspection conclusion) shall sign the inspection conclusion and be responsible for the accuracy of inspection conclusion;

d) The inspection conclusions are sent to the inspected subject and relevant agencies, organizations and individuals immediately after being issued to implement the contents stated in the inspection conclusion and publicize according to Clause 6 of this Article;

dd) Inspection conclusion includes the following basic contents: results; shortcomings, limitations and their causes; clear identification of violations and recommendations on handling of violations (if any); time limit for reporting to the person with inspection authority on the results of implementing inspection conclusions.

6. Publicity of inspection conclusions

Within 05 working days from the date of signing the inspection conclusion, the issuer of inspection conclusion is responsible for making the inspection conclusion public in one of the following forms:

a) Organize a meeting to announce inspection conclusions with participants including: issuer of inspection conclusion; inspection team; inspected subject; relevant agencies, organizations and individuals;

b) Post the content of the inspection conclusion notice on the electronic information portal and the website of the inspection agency. Posting period is at least 30 days;

c) Post at the workplace of the inspected subject.

7. Inspection of compliance with laws in the construction fields must not overlap with inspection activities and not affect the normal activities of agencies, organizations and individuals; with coordination from relevant agencies.

8. Monitoring, urging, and inspection of the implementation of inspection conclusions

a) Monitoring and urging the implementation of inspection conclusions are conducted by requiring the inspected subject to report on the implementation of inspection conclusions. The content of the report on the implementation of inspection conclusions includes: organization of the implementation of inspection conclusions; progress, results of implementation of inspection conclusions, completed and unfinished contents; difficulties and problems; causes of difficulties and problems in the process of implementing inspection conclusions and recommendations and proposals.

The issuer of inspection conclusion assigns people to directly monitor, discuss, and work with the inspected subject to determine information about the status of implementation of inspection conclusions;

b) The issuer of inspection conclusion shall decide to inspect the implementation of inspection conclusions when there is one of the following grounds: At the end of the time limit to carry out the inspection conclusions, the inspected subject does not complete the execution of the inspection conclusions or does not have a report on the results of implementation of the inspection conclusions or does not have a written request to extend the execution of the inspection conclusions.

9. The funds for inspecting the implementation of laws in construction fields are allocated from the state budget. The formulation, management, use and settlement of inspection funds are carried out in accordance with the law on state budget.

10. The competent persons specified in Clause 2 of this Article shall direct the development and promulgation of internal regulations to carry out the inspection of the implementation of laws in the fields of construction.

Article 14. Principles of implementing administrative procedures in construction fields

1. Receiving documents and handling administrative procedures in construction fields are carried out as follows:

a) The organizations and individuals prepare and submit documents and request the settlement of administrative procedures shall be responsible before the law for the legality, accuracy, and truthfulness of the dossier content and documents sent to the competent state agencies;

b) The agency receiving the dossier is responsible for checking the validity of the dossier and is not required to submit additional documents other than those in the dossier as prescribed in current legal documents;

c) The agencies and persons competent to handle administrative procedures are only responsible for the contents of comments, appraisal, approval or handling of other procedures related to the construction field in accordance with the Law on Construction; is not responsible for contents that have been previously appraised, approved or resolved by other competent agencies or persons.

2. Dossiers are sent in one of the following forms:

a) Send by hand-delivery;

b) Send via postal service;

c) Submit files containing electronic copies of original file components via online public service. In case the file contains large documents and cannot be sent via online public services, it will be hand-delivered or send by post.

3. If the application form, declaration, or document components contain available information in the national population database or specialized database, such information shall be replaced by personal identification numbers or specialized codes shown in application forms and declarations when the national population database or specialized database is operated.

Article 15. Annulling all or part of a number of Decrees

1. To annul Decree No. 42/2009/ND-CP dated May 7, 2009 of the Government on urban classification.

2. To annul Clause 3, Article 8 of Decree No. 02/2022/ND-CP dated January 6, 2022 of the Government detailing the implementation of a number of articles of the Law on Real Estate Business.

Article 16. Transitional provision

1. Transitional provision for amendments and supplements to Decree No. 85/2020/ND-CP

In case an individual has submitted an application for grant or extension of an architectural practice certificate before the effective date of this Decree but has not yet been granted a practice certificate, the next steps in the order and procedures for granting and renewing architectural practice certificates are carried out in accordance with this Decree.

2. Transitional provision for amendments and supplements to Decree No. 11/2013/ND-CP

a) Urban development programs approved in accordance with law before the effective date of this Decree will continue to be implemented under the approval of the Provincial-level People’s Committee or approval of adjustment of the urban development program in accordance with this Decree. In case higher-level planning, strategies, programs and plans have not been approved, the Provincial-level People’s Committee is assigned the agency to organize the formulation, appraisal and approval according to its authority of the urban development program or the adjusted urban development program but must ensure that the content of the approved urban development program meets the requirements specified in Clause 2, Article 3a of Decree No. 11/2013/ND-CP as amended, supplemented under Clause 3, Article 1 of this Decree;

b) For Management Board of Urban Development Area that have been established, maintained or reorganized, the Provincial-level People’s Committee shall direct the review of assigned tasks to organize and manage the urban development areas approved in accordance with the provisions of this Decree;

c) For project areas or projects that have had a decision from the Provincial-level People’s Committee on the area where land use rights are transferred, infrastructure has been invested in for people to build their own houses before the effective date of this Decree, the decision will continue to be implemented. In case the Provincial-level People’s Committee adjusts the decision content, it shall comply with the provisions of this Decree and send a copy of the decision to the Ministry of Construction;

d) For projects that do not have an approved management handover plan in an urban center, the project owner shall prepare a handover plan in accordance with this Decree, collect opinions from the party expected to receive the handover and sent to the Provincial-level People’s Committee for monitoring and management.

3. Transitional provision for amendments and supplements to Decree No. 99/2015/ND-CP (amended and supplemented under Decree No. 30/2019/ND-CP, Decree No. 30/2021 /ND-CP)

For cases related to determination of grade-I, grade-II, and grade-III houses and determination of the quality of these houses as prescribed in Clause 5, Article 5 of this Decree, but the competent authority has approved the housing selling price before the effective date of this Decree, housing sales will continue at the approved price, without re-determining the selling price as prescribed in Clause 5, Article 5 of this Decree.

4. Transitional provision for amendments and supplements to Decree No. 100/2015/ND-CP (amended and supplemented under Decree No. 49/2021/ND-CP)

a) In case the social housing construction investment project has had a decision on investment policy or a document approving the investment policy or a decision approving the investment policy within the period from the date of Decree No. 100 /2015/ND-CP takes effect until before the effective date of Decree No. 49/2021/ND-CP, but the incentive mechanisms for project investors in accordance with Decree No. 100/2015/ND-CP is still applied, the preferential mechanisms shall be continued to implement as prescribed in Article 9 of Decree No. 100/2015/ND-CP;

b) In case the social housing construction investment project has a decision approving the investment policy within the period from the date of Decree No. 49/2021/ND-CP takes effect until before the effective date of this Decree, but the incentive mechanisms for project investors in accordance with Decree No. 49/2021/ND-CP is still applied, the preferential mechanisms shall be continued to implement as prescribed in Clause 8, Article 1 of Decree No. 49/2021/ND-CP;

c) In case the social housing construction investment project that does not use the funding source or form specified in Clause 1, Article 53 of the Housing Law No. 65/2014/QH13 amended and supplemented at Point b, Clause 6 Article 99 of PPP Law No. 64/2020/QH14, has a decision approving the investment policy issued by a competent state agency within the period from the effective date of Decree No. 49/2021/ND-CP implemented before the effective date of this Decree, but have not yet enjoyed the incentives specified at Point a, Clause 1, Article 58 of the Housing Law No. 65/2014/QH13, the project owner will be entitled to incentives according to stipulated at Point a, Clause 1, Article 58 of the Housing Law No. 65/2014/QH13.

5. Transitional provision for amendments and supplements to Decree No. 62/2016/ND-CP

a) For the cases specified at Points a and b, Clause 1, Article 6 of Decree No. 62/2016/ND-CP amended and supplemented under Clause 5, Article 8 of this Decree, the organization has submitted the register for a Certificate of eligibility for performing specialized construction testing before the effective date of this Decree and has been evaluated by the Ministry of Construction, organized specialized construction testing activities with a document to complete the remediation but has not been granted a Certificate of eligibility for performing specialized construction testing, the Ministry of Construction shall issue a Certificate of eligibility for performing specialized construction testing to the organization within 15 days from the date of assessment;

b) For the cases specified at Points a and b, Clause 1, Article 6 of Decree No. 62/2016/ND-CP amended and supplemented under Clause 5, Article 8 of this Decree, the organization has submitted the register for a Certificate of eligibility for performing specialized construction testing before the effective date of this Decree, if the Ministry of Construction has not yet evaluated it, then return the dossier to the organization to issue a Certificate of eligibility for performing specialized construction testing at the Provincial-level Department of Construction;

c) Organizations that have been granted a Certificate of eligibility for performing specialized construction testing in accordance with Decree No. 62/2016/ND-CP before the effective date of this Decree may continue to use it until its expiration. From the effective date of this Decree, in case an organization requests to supplement or amend the content of the Certificate of eligibility for performing specialized construction testing, it shall comply with the provisions of this Decree.

6. Transitional provision for amendments and supplements to Decree No. 37/2015/ND-CP (amended and supplemented under Decree No. 50/2021/ND-CP)

a) Construction contracts signed and being implemented before the effective date of this Decree shall comply with the provisions of law on construction contracts before the effective date of this Decree and their signed contract contents;

b) For construction contracts that are in the process of negotiation and have not yet been signed, if their contents are not in accordance with this Decree, it shall be reported to the person competent to decide on investment for consideration and decision on the principle of ensuring the quality, progress, and effectiveness of construction investment projects and not harming the legitimate rights and interests of the parties;

c) If there is any content about construction contracts in bidding documents and proposal documents that have been approved but not yet issued, it must be adjusted accordingly; in case the bidding documents and proposal documents have been issued but the bid has not been closed, if there is a change in the contract-related content in accordance with this Decree, it must notify all contractors who have purchased bidding documents and proposal documents to adjust their contents accordingly; in case the bid has been closed, it shall comply with this Decree as in cases the contract is in the process of negotiation and has not yet been signed.

7. Transitional provision for amendments and supplements to Decree No. 06/2021/ND-CP

a) Construction works commenced before the effective date of this Decree that are subject to acceptance inspection in accordance with this Decree shall be carried out in accordance with this Decree, except for the cases specified at Point b of this Clause;

Construction works commenced during the period from the effective date of Decree No. 06/2021/ND-CP to before the effective date of this Decree that are subject to acceptance inspection in accordance with Decree No. 06/2021/ND-CP, this Decree and the authority to inspect the acceptance test determined in accordance with Decree No. 06/2021/ND-CP is a specialized construction agency under the Provincial-level People’s Committee or District-level People's Committee according to decentralization, the authority to inspect the acceptance test is carried out in accordance with Decree No. 06/2021/ND-CP.

8. Transitional provision for amendments and supplements to Decree No. 15/2021/ND-CP and Decree No. 37/2010/ND-CP, Decree No. 44/2015/ND-CP (amended and supplemented under Decree No. 72/2019/ND-CP)

a) For construction works and projects that have been submitted to specialized construction agencies for appraisal or appraisal of adjustments to construction investment feasibility study reports, construction designs implemented after the basic design before the effective date of this Decree and meets the conditions for appraisal in accordance with Decree No. 15/2021/ND-CP but there is no notification of appraisal results, the appraisal by specialized construction agencies will continue to be carried out in accordance with Decree No. 15/2021/ND-CP. For construction works and projects that have been appraised by specialized construction agencies upon adjustment request from the effective date of this Decree, the appraisal of feasibility study reports and adjusted construction designs are carried out in accordance with this Decree;

b) For construction works and projects that have been submitted to specialized construction agencies for appraisal or appraisal of adjustments to construction investment feasibility study reports, construction designs implemented after the basic design before the effective date of this Decree, if the appraisal conditions are not met or the appraisal results are not eligible for approval, the project owner must complete the requirements and submit for re-appraisal in accordance with this Decree;

c) Construction investment projects specified in Clause 4, Article 14 of Decree No. 37/2010/ND-CP, Clause 4, Article 10 of Decree No. 44/2015/ND-CP (amended and supplemented under Decree No. 72/2019/ND-CP) has been approved in accordance with the law before the effective date of this Decree or has submitted a feasibility study report to a specialized construction agency for appraisal and satisfied appraisal conditions as prescribed in Decree No. 15/2021/ND-CP but there is no written notice of appraisal results before the effective date of this Decree, there is no requirement to prepare total land ground planning as prescribed in Article 1 and Article 2 of this Decree;

d) Specialized project management units, regional project management units established before the effective date of this Decree may continue to operate;

dd) Foreign contractors who have submitted dossiers of application for grant of a construction operation license or adjustment of a construction operation license but have not yet completed the grant of a construction operation license shall continue to comply with Decree No. 15/2021/ND-CP. The grant and adjustment of construction operation licenses from the effective date of this Decree shall be carried out in accordance with this Decree;

e) Organizations and individuals that have submitted application dossiers for grant of capacity certificates or practice certificates before the effective date of this Decree will be considered for grant of capacity certificates or practice certificates in accordance with Decree No. 15/2021/ND-CP;

g) If the organizations that have signed and are implementing construction contracts and individuals participating in construction activities from the effective date of Decree No. 15/2021/ND-CP to the effective date of this Decree for grade-IV works are not required for capacity certificate or practice certificate in accordance with Decree No. 15/2021/ND-CP but are required for capacity certificate or practice certificate in accordance with this Decree, they may continue to do so until the job is completed without requiring capacity certificate or practice certificate;

h) For dossiers of application for grant, adjustment, extension, and re-grant of construction permits submitted in accordance with Decree No. 15/2021/ND-CP at the construction permit-granting agency before the effective date of this Decree but the construction permit has not yet been issued, the grant of the construction permit will continue to be implemented in accordance with Decree No. 15/2021/ND-CP. The grant, adjustment, extension and re-grant of construction permits from the effective date of this Decree shall be carried out in accordance with the provisions of this Decree;

i) In case the construction investment project has been granted a construction permit in stages or for one or several works of the project as prescribed in Decree No. 15/2021/ND-CP before the effective date of this Decree, the competence to grant construction permits for the next phases or remaining works of the project is implemented in accordance with this Decree;

k) For construction works under construction investment projects specified at Point c of this Clause, urban planning and construction planning are approved in accordance with the provisions of law to serve as a basis for formulating construction investment projects, it is also the basis for considering granting a construction permit.

Article 17. Implementation provisions

1. This Decree takes effect from the date of its signing.

2. The Ministries, the Heads of ministerial-level agencies, the Heads of Government-attached agencies, the Chairpersons of the People’s Committees of centrally-run cities and provinces, the relevant organizations and individuals shall take responsibilities for implementation of this Decree.

* All Appendices are not translated herein.