Decree No. 113/2020/ND-CP detailing the Construction Law regarding appraisal of construction designs implemented

DECREE

Detailing Point dd, Clause 3, Article 3 of the Law Amending and Supplementing a Number of Articles of the Construction Law regarding appraisal of construction designs to be implemented after basic designs and exemption from construction permits^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 18, 2014 Construction Law;

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

Pursuant to the November 22, 2016 Law Amending and Supplementing Article 6 of, and Appendix 4 on the list of conditional business investment sectors and trades to, the Law on Investment;

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Articles of 37 Laws concerning Planning;

Pursuant to the June 13, 2019 Law on Architecture;

At the proposal of the Minister of Construction;

The Government promulgates the Decree detailing Point dd, Clause 3, Article 3 of the Law Amending and Supplementing a Number of Articles of the Construction Law regarding appraisal of construction designs to be implemented after basic designs and exemption from construction permits.

Article 1. Scope of regulation

1. This Decree details Point dd, Clause 3, Article 3 of Law No. 62/2020/QH14 Amending and Supplementing a Number of Articles of the Construction Law (below referred to as Law No. 62/2020/QH14) for construction works requiring appraisal of construction designs to be implemented after basic designs at specialized construction agencies and being exempt from construction permits under Clause 30, Article 1 of Law No. 62/2020/QH14.

2. Construction works not regulated by this Decree include:

a/ Construction works exempt from construction permits under Clause 2, Article 89 of Construction Law No. 50/2014/QH13;

b/ Construction works applying procedures for appraisal of construction designs to be implemented after basic designs and grant of construction permits at the request of work construction project owners.

Article 2. Subjects of application

This Decree applies to project owners, specialized construction agencies, state management agencies in charge of construction and other organizations and individuals involved in work construction investment.

Article 3. Competence for, contents and process of, appraisal of construction designs to be implemented after basic designs and assessment of conditions for grant of construction permits

The competence for, and contents and process of, appraisal of construction designs or appraisal of, and adjustment of construction designs to be implemented after basic designs (below referred to as appraisal of construction designs to be implemented after basic designs) and assessment of conditions for grant of construction permits at specialized construction agencies under Point dd, Clause 3, Article 3 of Law No. 62/2020/QH14 are as follows:

1. The competence of specialized construction agencies to appraise construction designs to be implemented after basic designs must comply with Clauses 9, 10 and 11, Article 1 of the Government’s Decree No. 42/2017/ND-CP of April 5, 2017, amending and supplementing a number of articles of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects (below referred to as Decree No. 42/2017/ND-CP).

2. A dossier for appraisal of construction designs to be implemented after basic designs and assessment of conditions for grant of a construction permit must comprise:

a/ A dossier as specified in Article 29 of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects (below referred to as Decree No. 59/2015/ND-CP);

b/ Land-related lawful papers for grant of a construction permit as specified in Article 3 of the Government’s Decree No. 53/2017/ND-CP of May 8, 2017, specifying land-related lawful papers for grant of construction permits;

c/ The documents as required at Point b, Clause 3; Point b, Clause 5; and Point b, Clause 6 of Article 95; and Clause 4, Article 96, of Construction Law No. 50/2014/QH13 (if any).

3. Specialized construction agencies competent to appraise construction designs to be implemented after basic designs under Clause 1 of this Article (below referred to as appraising agencies) shall assume the prime responsibility for appraising the contents specified in Clause 1, Article 27 of Decree No. 59/2015/ND-CP; send a written request to agencies competent to grant work construction permits under Clause 1, Article 5 of this Decree (below referred to as construction licensing agencies) to collect opinions on assessment of satisfaction of conditions for grant of work construction permits under Articles 91 and 92 of Construction Law No. 50/2014/QH13 which was amended and supplemented by Law No. 40/2019/QH14 on Architecture, and carry out field inspection under Clause 1, Article 102 of Construction Law No. 50/2014/QH13; and synthesize appraisal results and certification opinions of construction licensing agencies to conclude on conditions for approval of construction designs and exemption from construction permits for works.

4. The time limit for appraisal and review of licensing conditions is that for appraisal under Clause 8, Article 30 of Decree No. 59/2015/ND-CP and that for consultation of licensing agencies, counting from the date of receiving a complete and valid dossier specified in Clause 2 of this Article, specifically as follows:

a/ 45 days, for construction works of grade I or special grade;

b/ 35 days, for construction works of grade II or grade III;

c/ 25 days, for other construction works.

5. Procedures for appraisal of construction designs to be implemented after basic designs and assessment of conditions for grant of construction permits by specialized construction agencies must comply with Article 30 of Decree No. 59/2015/ND-CP, and Clause 12, Article 1 of Decree No. 42/2017/ND-CP, as well as the following provisions:

a/ Within 5 working days after receiving a dossier for appraisal, an appraising agency shall consider it and request in writing the project owner to supplement such dossier under Clause 2 of this Article (when necessary) for appraisal. The appraisal may be carried out only when the appraising agency receives a complete dossier as specified at Point a, Clause 2 of this Article. Particularly for the papers specified at Points b and c, Clause 2 of this Article, the project owner may supplement them in the course of appraisal by the appraising agency;

b/ Within 3 working days after receiving a complete dossier for appraisal as specified at Points b and c, Clause 2 of this Article, an appraising agency shall send a written request, enclosed with relevant documents, to a construction licensing agency for collection of opinions to certify satisfaction of conditions for grant of a construction permit, made according to the form provided in Appendix I to this Decree. In case the appraising agency is concurrently the construction licensing agency, it shall carry out all the jobs specified in Clause 3 of this Article;

c/ After receiving the appraising agency’s written request for opinion, the construction licensing agency shall carry out field inspection of the work construction ground and progress, and send a written certification to a specialized construction agency under regulations within 15 days after receiving the written request for opinion;

d/ After receiving opinions of the construction licensing agency, the appraising agency shall summarize results of appraisal of construction designs to be implemented after basic designs and conclude on conditions for grant of a construction permit; issue a notice of results of appraisal of construction designs to be implemented after basic designs and exemption from construction permit, made according to the form provided in Appendix II to this Decree; results of performance of procedures shall be sent concurrently to the construction licensing agency for monitoring and management of construction investment;

dd/ Upon expiration of the time limit for completion of appraisal as required in Clause 8, Article 30 of Decree No. 59/2015/ND-CP, if the project owner still fails to additionally submit documents specified at Points b and c, Clause 2 of this Article, the appraising agency shall notify appraisal results regarding appraisal contents specified in Article 83 of Construction Law No. 50/2014/QH13. For a construction design dossier eligible for approval, in a notice of appraisal results, the appraising agency shall require the project owner to additionally send documents to the construction licensing agency for review and assessment of licensing conditions under Clause 3 of this Article for exemption from construction permit. Within 20 days after receiving the project owner’s dossier, the construction licensing agency shall issue a notice of results of assessment of conditions for grant of a construction permit, made according to the form provided in Appendix III to this Decree.

6. For construction works requiring appraisal of construction cost estimates under Clauses 1 and 2, Article 82 of Construction Law No. 50/2014/QH13, the appraisal of construction cost estimates must comply with Decree No. 59/2015/ND-CP, which was amended and supplemented by Decree No. 42/2017/ND-CP, and regulations on management of construction investment costs.

7. For construction works that have been licensed and require appraisal of adjustment of designs to be implemented after basic designs, if the adjustment does not change the land use purpose and project objectives, the request for opinions of the licensing agency must include only contents regarding inspection of work construction progress and contents related to the adjustment (if any). The papers specified at Points b and c, Clause 2 of this Article are not required to be reviewed and assessed. After the appraisal of adjustment of construction designs to be implemented after basic designs under this Decree, construction works are not required to have their construction permits modified.

Article 4. Rights and responsibilities of project owners

1. Construction project owners may request appraisal of designs to be implemented after basic designs and review and assess conditions for grant of construction permits for exemption from construction permits under this Decree or perform procedures for appraisal of designs to be implemented after basic designs separately from construction licensing procedures under Construction Law No. 50/2014/QH13  and Decree No. 59/2015/ND-CP, which was amended and supplemented by Decree No. 42/2017/ND-CP.

2. Construction project owners shall take responsibility for lawfulness and accuracy of dossiers submitted for appraisal and fulfill appraising agencies’ requests stated in notices of results of appraisal of construction designs and assessment of conditions for grant of construction permits.

Article 5. Responsibilities of construction licensing agencies

1. Construction licensing agencies responsible for coordinating with appraising agencies in performing the jobs specified in Clause 3, Article 3 of this Decree are competent to grant construction permits under Article 103 of Construction Law No. 50/2014/QH13, and Point c, Clause 2, Article 3 of Law No. 62/2020/QH14.

In case provincial-level People’s Committees authorize other agencies to grant construction permits under Clause 2, Article 103 of Construction Law No. 50/2014/QH13, the authorized agencies shall be the construction licensing agencies.

2. Construction licensing agencies shall give their opinions to appraising agencies on the contents specified in Appendix I and send written certifications to appraising agencies within the time limit specified at Point c, Clause 5, Article 3 of this Decree or issue written certifications of satisfaction of conditions for grant of construction permits under Point dd, Clause 5, Article 3 of, and Appendix III to this Decree; and take responsibility for such certification.

Article 6. Implementation responsibility

Ministers and chairpersons of provincial-level People’s Committees shall direct and inspect specialized construction agencies and construction licensing agencies in appraising and assessing conditions for grant of construction permits in order to give construction permit exemption under this Decree.

Article 7. Transitional handling

For construction works with their designs to be implemented after basic designs already submitted for appraisal but for which appraising agencies have not yet issued notices of appraisal results before the effective date of this Decree, the appraisal shall be carried out as follows:

1. In case project owners request assessment of conditions for grant of construction permits for exemption from construction permits, specialized construction agencies shall guide them in supplementing their dossiers under Points b and c, Clause 2, Article 3 of this Decree, and send written requests for opinions to construction licensing agencies under Point b, Clause 5, Article 3 of this Decree and continue carrying out the appraisal under regulations.

2. In case project owners do not make a request under Clause 1 of this Article, the appraisal of construction designs to be implemented after basic designs and grant of construction permits must comply with Construction Law No. 50/2014/QH13 and Decree No. 59/2015/ND-CP, which was amended and supplemented by Decree No. 42/2017/ND-CP.

Article 8. Implementation provisions

1. This Decree takes effect from the date of its signing through December 31, 2020.

2. The Minister of Construction, ministers of specialized construction work-managing ministries, and chairpersons of provincial-level People’s Committees shall implement this Decree.

3. For construction works for which specialized construction agencies have notified  results of appraisal of designs to be implemented after basic designs which are satisfactory for approval and assessment of satisfaction of conditions for grant of construction permits for exemption from construction permit under this Decree, procedures for grant of construction permits specified in Decree No. 59/2015/ND-CP, which was amended and supplemented by Decree No. 42/2017/ND-CP and Decree No. 100/2018/ND-CP are not required to be carried out. For other administrative procedures that require construction permits in dossiers, competent agencies may not require construction permits to be produced upon considering and settling procedures.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.