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Procedures for Construction Investment Projects

Investment 13/11/2023

Implementing construction investment projects in Vietnam involves several procedures and steps to ensure compliance with regulations and successful execution. It is essential to consult with local experts and authorities for up-to-date and accurate information during the project implementation process. Please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for the best advice and support.

Implementing construction investment projects in Vietnam involves several procedures and steps to ensure compliance with regulations and successful execution. It is essential to consult with local experts and authorities for up-to-date and accurate information during the project implementation process. Please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for the best advice and support.

1. What is a construction investment project?

Construction investment project is a set of related proposals, intended to use capital to carry out activities of new construction, repair or improvement of construction works, in order to develop, maintain and improve construction works. high quality work, product or service over a specified period of time and at a specified cost. During the preparation phase of a construction investment project, the project will be expressed through the preparation of a construction investment pre-feasibility study report, a construction investment feasibility study report or an economic report - construction investment techniques.

Procedures for Construction Investment Projects - 01Procedures for Construction Investment Projects

Based on the provisions in Article 52 of the 2014 Construction Law as amended by Clause 10, Article 1 of the revised Construction Law 2020 on formulation of construction investment projects, we can express it as follows:

  • During the construction investment process, the investor or the agency or organization responsible for project preparation must make a construction investment feasibility study report, except for the cases specified in Clauses 3 and 4 of this Decree.
  • Before making the construction investment feasibility study report, the construction investment pre-feasibility study report must be made as follows:
  • Nationally important projects, group A projects using public investment capital; PPP projects in accordance with the law on investment in the form of public-private partnership; projects falling under the competence of the National Assembly or the Prime Minister for approval of investment policies according to the provisions of the Investment Law, must prepare a construction investment pre-feasibility study report;
  • For projects not specified at Point a above, the preparation of the construction investment pre-feasibility study report shall be decided by the investment decider;
  • The order of preparation and appraisal of the construction investment pre-feasibility study report shall comply with the law on public investment, the law on investment in the form of public-private partnership and other provisions of relevant law;
  • The contents of the construction investment pre-feasibility study report shall comply with the provisions of Article 53 of this Law, except for PPP projects.
  • For construction investment projects, it is only necessary to make economic-technical reports on construction investment in the following cases:
  • Buildings used for religious purposes;
  • Small-scale construction works and other works prescribed by the Government.
  • In case of construction of separate houses of households and individuals, it is not necessary to prepare a construction investment feasibility study report or an economic - technical report on construction investment.

2. Order of execution of construction investment projects

According to the provisions of Article 5 of the Law on Construction 2014, the construction investment process is divided into three stages, except for the construction of individual houses. The stages include:

  • Step 1: Project preparation phase.
  • Step 2: Project implementation phase.
  • Step 3: Phase of finishing construction.

2.1. Preparation of construction investment project

The project preparation phase is the first stage in the construction investment process, including the following tasks:

  • Conduct geological, environmental and other factors related to the construction to assess the feasibility of the project.
  • Preparation and appraisal of the pre-feasibility study report: Prepare the construction investment pre-feasibility study report, which evaluates the economic, technical and environmental aspects of the project.
  • Elaboration, appraisal and approval of detailed construction planning.
  • Preparation and appraisal of Feasibility Study Report.

2.2. Implementation of construction investment project

The project implementation phase includes the following tasks:

  • Site preparation for construction and demining
  • Conduct geological, topographical and other related surveys to ensure smooth construction.
  • Preparation, appraisal, approval of construction design and estimate
  • Issuance of construction permits
  • Contractor selection and construction contract signing
  • Construction work and construction supervision
  • Advance and payment of completed volume
  • Operation and trial run
  • Acceptance of construction completion
  • Handing over the works to put into use and other necessary works

2.3. Finishing construction phase

The final construction phase includes the following works:

  • Conduct final financial settlement for construction contracts, including inspection, determination and payment of fees, expenses and remaining debts according to contract agreements.
  • Finalization of completed projects
  • Conduct inspection and confirm that the work has been completed in accordance with the technical requirements, standards and terms of the construction contract.
  • Ensure the implementation of the warranty terms as prescribed, including receiving and handling problems, problems or technical errors after the work is completed.
  • Handover of related documents and other necessary works

3. Procedures for implementing urgent construction investment projects

3.1. The construction of emergency works

Heads of central agencies or presidents of People Committees at all levels are competent to decide on the construction of emergency works under their management by issuing orders to construct urgent works.

Urgent construction orders are shown in writing, including the following information:

  • Construction purposes;
  • Building site;
  • Persons assigned to manage and execute the construction of works;
  • Time of work construction;
  • Estimated costs;
  • Implementation resources and other related requirements.

3.2. The right to decide on construction investment activities

Persons assigned to manage and perform construction work have the right to make their own decisions on all construction investment activities, including:

  • Assign organizations and individuals to carry out survey, design, construction and other jobs in service of urgent construction;
  • Decide on the order of survey, design and construction;
  • To decide on construction supervision and acceptance of construction works meeting requirements of urgent work construction orders.

3.3. Responsible for organizing and completing project completion documents

After completing the construction of emergency works, the person assigned to manage and execute the construction of the emergency work is responsible for organizing the preparation and completion of the work completion dossier, including:

  • Urgent construction order;
  • Construction survey documents (if any);
  • Design samples or construction drawings (if any);
  • Construction diary and pictures recording the construction process (if any);
  • Minutes of acceptance, results of experiment, observation and measurement (if any);
  • Dossiers of management of building materials, products, components and equipment used for construction works (if any);
  • As-built drawing;
  • The appendix lists the jobs that need to be repaired and remedied (if any) after the construction works are put into use;
  • For urgent construction works using public investment capital, the management, payment and settlement of construction investment capital shall comply with relevant laws on management, payment and settlement of construction investment capital. with urgent projects using public investment capital.
  • For other projects, depending on the specific conditions and technical requirements of the project, the investment decider will decide the sequence of sequential or concurrent implementation of the specified work items.
  • Depending on the nature of the project and specific conditions, compensation, support and resettlement will be carried out at the project preparation or project implementation stage, ensuring compliance with the processes and procedures according to the regulations. provisions of the law on land.

Procedures for Construction Investment Projects - 02Procedures for Construction Investment Projects 

Apolo Lawyers Law Firm hopes to send customers useful consulting information. If you are facing any legal problems or have questions that need to be answered, please contact via email contact@apolo.com.vn or hotline - 0903.419.479.

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