Construction Law 2025 (135/2025/QH15)

Pursuant to the Constitution of the Socialist Republic of Vietnam as amended and supplemented by certain provisions according to Resolution No. 203/2025/QH15;

The National Assembly promulgates the Construction Law.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Law stipulates construction activities; the rights, obligations, and responsibilities of agencies, organizations, and individuals in construction activities and state management of construction.

Article 2. Subjects of application

This Law applies to domestic agencies, organizations, and individuals; foreign organizations and individuals engaged in construction activities on the territory of Vietnam.

Article 3. Interpretation of terms

In this Law, the terms below are understood as follows:

1. Construction activities include preparing, inspecting, appraising, and approving construction investment projects, construction designs; construction surveys; managing construction permits; construction execution, supervising construction works; managing construction investment projects; managing construction activity capacity; managing construction investment costs; managing construction contracts; acceptance, handover, putting works into operation and use; settlement of investment capital; warranty and maintenance of construction works; and other activities related to construction works.

2. A construction work is a product built according to a design, created by human labor, construction materials, equipment installed in the work, connected and fixed to the land, and may include underground parts, above-ground parts, underwater parts, and above-water parts.

3. The technical infrastructure system includes transportation works, telecommunications works, energy supply, public lighting, water supply, drainage, solid waste collection and treatment, cemeteries, and other technical infrastructure works.

4. The social infrastructure system includes healthcare, cultural, educational, sports, commercial, service works, parks, and other works used for public purposes.

5. The investor-decision maker is an individual or a representative of an agency, organization, or enterprise authorized to approve a project and decide on construction investment in accordance with the law.

6. An investment construction project is a set of proposals related to the use of capital to carry out construction activities to build new, upgrade, expand, repair, renovate, or relocate works in order to maintain, develop, and improve the quality of works or products, services within a specified time and cost.

7. An urban area construction investment project is a project for new construction or renovation and embellishment of the urban area, ensuring the synchronization of technical infrastructure systems and social infrastructure systems with housing, in accordance with urban and rural planning approved by the competent authority.

8. Construction consulting activities include preparing construction investment projects, surveying, construction design, verification, inspection, testing, cost management, project management, construction supervision, and other consulting work related to construction activities.

9. Preparing a construction investment project includes preparing a Pre-feasibility Study Report or an Investment Policy Proposal Report or a Project Proposal for decision-making or approval of investment policy; preparing a Feasibility Study Report for construction investment (hereinafter referred to as the Feasibility Study Report) or an Economic-Technical Report for construction investment (hereinafter referred to as the Economic-Technical Report) to decide on investment and performing necessary tasks to prepare for construction investment.

10. Preliminary design is a design that shows the idea of construction design, technological line, and equipment.

11. Basic design is a design that reflects the main technical parameters in accordance with applicable technical regulations and standards.

12. Overall technical design is the design prepared for a project with technological design to concretize the requirements for technological options, technical specifications of technological equipment; it shows solutions, technical specifications, and main materials used in accordance with technical regulations and applicable standards (Front-End Engineering Design, hereinafter referred to as FEED design).

13. Technical design is the design that fully presents solutions, technical specifications, and materials used in accordance with technical regulations and applicable standards.

14. Construction drawing design is the design that fully presents technical specifications, materials used, and structural details in accordance with technical regulations and applicable standards, ensuring sufficient conditions to carry out construction work.

15. Verification is the act of an organization or individual conducting inspection, evaluation, and concluding on the necessary professional contents in the process of preparing and implementing a construction investment project as required by the investment decision-maker or investor, or the specialized construction authority.

16. Appraisal is the act of the investment decision-maker, investor, specialized construction authority, or appraisal council organizing and conducting inspection and evaluation of the necessary contents in the process of preparing and implementing a construction investment project so that the authorized agency, organization, or person can consider, decide on the construction investment, and approve the construction design.

17. State management agencies on construction include the Ministry of Construction, the Provincial/Municipal People's Committee (hereinafter referred to as the provincial-level People's Committee), and the Commune/Ward/Special Zone People's Committee (hereinafter referred to as the commune-level People's Committee).

18. The specialized construction management ministry is the Ministry assigned the task of managing the construction investment of works in the construction sector under its management according to the provisions of this Law, including the Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Agriculture and Environment, the Ministry of National Defense, and the Ministry of Construction.

19. The specialized construction agency is the specialized agency assigned to manage construction under the Ministry in charge of specialized construction works, the provincial People's Committee, the commune-level People's Committee; the management boards of industrial zones, export processing zones, high-tech zones, economic zones, and other agencies as prescribed by the Government.

20. The specialized agency under the investor is the agency or organization with expertise suitable to the nature and content of the project and is assigned the task of appraisal by the investor.

21. A construction permit is a document issued by a competent authority to the investor to construct new works, repair, renovate, or move constructions.

22. Construction of works is the process of constructing, installing works equipment, technological equipment into the construction works; demolishing construction works.

23. Works equipment is equipment installed into construction works according to the construction design.

24. Technological equipment is equipment within the technological chain installed in a construction project according to the technological design.

25. A contractor in construction activities (hereinafter referred to as the contractor) is an organization, individual, or a combination of organizations and individuals in the form of a joint venture to participate in construction activities according to a construction contract.

26. The main contractor in construction activities (hereinafter referred to as the main contractor) is the contractor who directly enters into a construction contract with the investor.

27. A subcontractor in construction activities (hereinafter referred to as the subcontractor) is a contractor who enters into a construction contract with the main contractor.

28. A foreign contractor is an organization established under foreign law or an individual with foreign nationality participating in the execution and management of a construction contract in Vietnam. A foreign contractor can be either a main contractor or a subcontractor.

29. A construction incident is damage exceeding the allowable safety limits, causing the construction work or auxiliary structures under construction to be at risk of collapse, partially or entirely collapsing during the construction process or in the exploitation and use of the construction work.

30. A danger zone in construction is the boundary of areas within and around the construction site where hazardous factors may appear, causing harm to people, construction works, property, equipment, and vehicles due to the construction process, as determined according to applicable technical standards, norms, and construction organization measures.

Article 4. Application of the Construction Law and related laws

1. Construction activities on the territory of Vietnam are carried out in accordance with the provisions of the Construction Law.

2. Contents regarding construction contracts that are not specifically stipulated in this Law shall apply the provisions on contracts in the Law on Bidding, the Law on Investment under the public-private partnership method, and the Civil Code.

3. In case this Law provides otherwise than the provisions of the Law on Investment regarding construction investment projects under special investment procedures, the provisions of the Law on Investment shall be followed.

4. In case this Law provides otherwise than the provisions of the Railway Law regarding construction investment projects of national railway lines or local railway lines, the provisions of the Railway Law shall be followed.

5. In cases where laws or resolutions of the National Assembly are issued after the effective date of this Law and need to regulate construction activities differently from this Law, the specific content to be implemented or not implemented according to the provisions of the Construction Law must be clearly determined.

Article 5. Basic principles in construction activities

1. Ensure construction in accordance with planning and design, protect the landscape and environment; suitable to the natural and social conditions, cultural and historical characteristics of the locality; ensure the stability of people's lives; combine socio-economic development with defense and security, and respond to climate change.

2. Use resources and materials reasonably in project areas, ensuring the correct purpose, target, and the construction investment procedure.

3. Comply with technical regulations and standards applied in construction activities.

4. Ensure the safety, quality, human life, and health, and do not cause damage to the property of other organizations or individuals; ensure compliance with fire prevention and fighting regulations, and environmental protection.

5. Ensure synchronized construction within each project and in coordination with technical infrastructure systems and social infrastructure systems.

6. Ensure transparency, openness, and efficiency; prevent and combat corruption, waste, and negative practices in construction activities.

7. Clearly distinguish the state's management functions over construction from the management functions of the investor or project owner, appropriate to each type of investment.

Article 6. Types and grades of construction works

1. The type of construction work is determined by the structural characteristics and functional use of the work.

2. The grade of construction work is determined for each type of construction work and includes:

a) The classification of construction works for the purpose of managing construction activities regulated under this Law is determined based on the scale, level of importance, and technical parameters of the works, including special grade, grade I, grade II, grade III, and grade IV, except in cases specified in point b of this clause.

The Minister of Construction shall provide detailed regulations for this point;

b) The classification of construction works for the purpose of designing construction works is prescribed in the applicable technical standards and norms. The classification of works for the management of other contents shall be implemented according to other relevant legal provisions.

Article 7. Standards and technical norms for the application of science, technology, and digital transformation in construction activities

1. Standards applied in construction activities are on a voluntary basis, except for standards referenced in technical regulations or other relevant legal normative documents.

2. Standards applied to investment construction projects and construction works must be considered and approved by the investment decision-maker or investor in accordance with the construction investment procedure, ensuring the following requirements:

a) Complies with the requirements of national technical standards and relevant legal regulations;

b) Ensure the compatibility and feasibility of the applicable standards.

3. The research on the application of science, technology, innovation, and digital transformation in construction activities must meet the following requirements:

a) Ensure advanced, modern technology, environmental protection, and sustainable development;

b) Apply information technology, digital transformation, innovation, and building information modeling in construction activities to improve the efficiency of construction investment management.

4. Specialized construction management agencies are responsible for developing and updating national technical regulations and standards applicable to specialized construction works in accordance with the law on standards and technical regulations, ensuring consistency with practical realities and the development trends of science and technology.

Article 8. Building materials

1. The development, production, and use of building materials must ensure safety, efficiency, environmental friendliness, and reasonable use of resources.

2. Materials and components used for construction works must comply with the approved construction design and technical instructions (if any), ensuring quality in accordance with the law on standards, technical regulations, and the law on product and goods quality.

3. Building materials used for the production, fabrication, and processing of semi-finished products must comply with the provisions in Clauses 1 and 2 of this Article.

4. Priority is given to the use of local construction materials to ensure investment efficiency; construction materials and construction products are produced and manufactured domestically; products have a high localization rate.

Article 9. Investor

1. For public investment projects, the investor is the Investment Project Management Board under the investment decision-maker or an agency or organization assigned by the investment decision-maker to organize and manage the investment project. The agency or organization assigned must meet the conditions to act as an investor according to government regulations.

2. For investment projects under the public-private partnership model (hereinafter referred to as PPP projects):

a) The investor is the PPP project enterprise;

b) In the case where a PPP project enterprise is not established, the investor is the investor selected according to the provisions of the law on investment under the public-private partnership model.

3. For construction investment projects under the scope of investment law requiring investor selection or investment registration, the investor is the one selected or approved in accordance with investment law, bidding law, land law, or other relevant legal regulations.

4. For projects not falling under the cases specified in Clauses 1, 2, and 3 of this Article, the investor is the organization or individual providing capital or assigned the responsibility to organize, manage, and use capital for construction investment.

Article 10. Insurance in construction activities

1. Mandatory insurance in construction activities is stipulated as follows:

a) Construction insurance during the construction period purchased by the investor for projects that have a significant impact on safety and public interest; construction projects that have a high risk of adversely affecting the environment or have a risk of adversely affecting the environment according to the provisions of environmental protection law; large-scale, technically complex projects. The investor has the right to assign the contractor to purchase construction insurance during the construction period;

b) Professional liability insurance for construction consultancy in relation to construction surveying and construction design of construction projects from level II and above purchased by the consultancy contractor;

c) Insurance for workers working on the construction site and civil liability insurance for third parties purchased by the construction contractor.

2. Encourage investors, consulting contractors, and construction contractors to purchase various types of insurance in construction activities in addition to the mandatory insurance types prescribed in Clause 1 of this Article.

3. The Government shall provide detailed regulations on insurance conditions, insurance premium rates, and minimum insurance amounts for the mandatory insurance prescribed in Clause 1 of this Article.

Article 11. Incentive Policies in Construction Activities

1. Encourage construction activities aimed at preserving, restoring, and promoting the value of historical-cultural relics and scenic spots; building social housing; construction activities according to planning in mountainous, island, and economically difficult areas, especially extremely difficult areas, and regions negatively affected by climate change.

2. Subjects participating in construction activities belonging to economic sectors are encouraged and facilitated in construction activities.

3. Gradually transfer certain public services currently performed by state management agencies in construction activities to social-professional organizations that have sufficient capacity and conditions to take responsibility.

4. The State shall have mechanisms and policies to encourage and incentivize the research, investment, development, and use of new building materials, recycled materials, green materials, lightweight materials, smart materials, environmentally friendly materials, and materials suitable for coastal and island areas, ensuring sustainable development and national defense and security; construction activities, certification of green buildings, smart buildings, buildings using energy and resource efficiently, ensuring environmental protection requirements; development of smart cities, green growth cities, responding to climate change, and sustainable development.

5. Encourage research on the application of engineering, construction technology, science and technology, and innovation in construction activities.

Article 12. International cooperation in construction activities

1. Domestic organizations and individuals are encouraged to expand international cooperation in construction activities, implement technology transfer, engineering, management experience, and the use of new materials.

2. The State facilitates support for the signing and implementation of international treaties and agreements in construction activities between domestic organizations or individuals and foreign organizations or individuals based on ensuring the fundamental principles in construction activities; protecting Vietnamese construction brands abroad in accordance with the law.

3. International cooperation in construction activities must ensure security, sovereignty, and compliance with Vietnamese law.

Article 13. Force majeure and fundamental change of circumstances in construction activities

1. Force majeure events in construction activities include:

a) Natural disasters, environmental catastrophes;

b) Fire, epidemics;

c) National security emergencies, public order and safety emergencies, and defense emergencies;

d) Strikes, work stoppages, embargoes, sieges;

e) Activities related to the discovery of antiques, archaeology;

e) Other cases as prescribed by relevant law.

2. Fundamental changes in construction activities include the following cases:

a) The state changes policies and laws;

b) Unforeseeable abnormal geological conditions;

c) Other cases as prescribed by relevant law.

3. The determination of events and cases specified in clauses 1 and 2 of this Article must meet the conditions stipulated by civil law regarding force majeure events and the performance of contracts when there is a fundamental change in circumstances.

Article 14. Development of the Information System, National Database on Construction Activities

1. The national database on construction activities serves as a foundation for implementing digital transformation activities in construction management. The data and information provided in the national database on construction activities are used as original references for lookup and exploitation to carry out procedures related to urban and rural planning activities; construction activities; developing, issuing, reviewing, and updating construction norms, construction costs, and construction price indices; developing and issuing national technical standards under the management scope of the Ministry of Construction; and other procedures and activities related to construction investment as prescribed by law.

2. The information system and the national database on construction activities must be developed during the implementation of administrative procedures related to construction activities as specified in Clause 1 of this Article and must be regularly updated; ensuring synchronized connection with national databases on land, planning, and other relevant national or specialized databases; ensuring service for management and administration; meeting the requirements of transparency, openness, and access to information for agencies, organizations, and the public.

3. The Government shall provide detailed regulations on the construction, management, operation, exploitation, and use of the information system and the national database on construction activities.

Article 15. Prohibited acts

1. Constructing works in areas prohibited from construction as prescribed by this Law or other relevant legal regulations.

2. Constructing works that do not comply with the selected technical standards and regulations.

3. Commencing construction of works without meeting the conditions for commencement as prescribed by this Law.

4. Producing or using construction materials of inadequate quality that endanger the health of the community or the environment.

5. Violating regulations on labor safety, property, fire prevention and fighting, security, order, and environmental protection in construction.

6. Using works not in accordance with the purpose and functionality of the works, except in cases permitted by the competent authority; constructing extensions, encroachments on area, encroaching on space legally managed and used by other organizations or individuals, and public areas or shared-use areas.

7. Giving or receiving bribes in construction activities; exploiting other individuals or legal entities to participate in construction activities; arranging, colluding to falsify the results of project preparation, surveying, design, and construction supervision of works.

8. Abusing positions and powers leading to violations of construction law; covering up or delaying handling of acts violating construction law.

9. Obstructing lawful construction activities.

10. Arbitrarily changing construction designs that have been appraised and approved, affecting construction safety, environment, fire prevention, and firefighting.

Chapter II. CONSTRUCTION PERMITS AND MANAGEMENT OF CONSTRUCTION ORDER

Section 1. GENERAL PROVISIONS

Article 16. Construction investment procedures

1. The sequence of construction investment projects includes the following phases: project preparation, project implementation, and construction completion.

2. A project can be invested in phases or can be divided into sub-projects; independent sub-projects; compensation, support, resettlement, and land clearance projects (if any) for independent management and implementation.

3. According to the nature and requirements of the project, the phasing of investment and project division as stipulated in Clause 2 of this Article shall be decided by the competent authority when approving or consenting to the investment policy or when preparing the Feasibility Study Report or the Economic-Technical Report.

Article 17. Classification of construction investment projects

1. Construction investment projects are classified according to the form of investment, including:

a) Public investment projects;

b) PPP projects;

c) Projects using regular expenditure from the state budget, other state budget capital not under the scope of the law on public investment shall be implemented according to the regulations applicable to public investment projects under this Law;

d) Construction investment projects under the scope of investment law, other construction investment projects not falling under the cases specified in points a, b, and c of this clause (hereinafter referred to as business investment projects).

2. Construction investment projects are classified by scale and level of importance, including:

a) National important projects; projects decided or approved for investment policy by the National Assembly;

b) Group A projects, Group B projects, Group C projects according to the criteria prescribed by the law on public investment.

3. Construction investment projects are classified according to purpose and functional service.

4. The Government shall provide detailed regulations on Clause 3 of this Article and the classification for managing construction activities for projects using Official Development Assistance capital and concessional loans from foreign donors.

Article 18. Requirements for construction investment projects

1. Construction investment projects must meet the following requirements:

a) Be consistent with the planning used as the basis for project formulation (if any), except for maintenance, repair, or renovation projects that do not change the objective, scale, or existing function of the construction works;

b) Ensure the feasibility of construction design solutions and technological design (if any);

c) Meet requirements for safety in construction, operation, exploitation, and use of constructions, fire prevention and fighting, environmental protection, and climate change response;

d) Have a financial plan, arrangement, and mobilization of capital to implement the project according to schedule, ensuring efficiency.

2. In addition to the requirements stipulated in Clause 1 of this Article, depending on the nature of the project and the form of investment, a construction investment project must comply with other relevant legal regulations.

Article 19. Construction Design

1. Construction design is carried out in a single-step or multi-step procedure. The number of design steps and the sequence of steps are decided by the investor during the preparation of the construction investment project or by the project owner when implementing the construction design steps after the investment project is approved. For projects that only require the preparation of an Economic - Technical Report, a single-step design is applied, which is the construction drawing design.

2. Construction design includes the following types:

a) Preliminary design;

b) Basic design;

c) FEED design;

d) Technical design;

e) Construction drawing design;

f) Other designs (if any).

Article 20. Requirements for Construction Design

1. Suitable for the design task and meets content requirements, level of detail according to each type of design.

2. Complies with construction standards, applicable norms; meets requirements for functionality, technology (if any); construction safety; fire prevention and fighting; environmental protection, climate change adaptation, and other technical requirements according to each type of design.

3. For projects carried out in multiple design stages, the subsequent design stage is implemented to concretize the previous design and is allowed to be adjusted to meet efficiency and usage requirements without changing the objectives, scale, and ensuring the approved economic-technical requirements of the project.

4. Ensures requirements for maintenance of construction works; management, operation, and use plans of construction works.

Article 21. Construction Survey

Construction survey includes:

1. Topographic survey;

2. Engineering geological survey, hydrogeological survey;

3. Hydrological survey;

4. Survey of the current state of the construction works;

5. Other survey work serving construction activities.

Article 22. Requirements for construction surveys

1. The survey task and technical survey plan for construction must be prepared in accordance with the type and grade of the construction works, type of survey, design stage, and the requirements of preparing the construction design.

2. The technical survey plan for construction must meet the requirements of the construction survey task and comply with the applicable technical regulations and standards on construction surveying.

3. Construction survey work must comply with the technical survey plan, ensure safety, protect the environment, meet the requirements of the approved survey task, and be inspected, supervised, and accepted according to regulations.

4. The results of the construction survey must be compiled into a report, ensuring truthfulness, objectivity, accurately reflecting reality, and must be approved.

Section 2. PREPARATION, APPRAISAL OF PROJECTS AND DECISION ON CONSTRUCTION INVESTMENT

Article 23. Preparation of construction investment projects

1. The investor or the agency, organization assigned with the task of project preparation must prepare a Feasibility Study Report and an Economic-Technical Report as a basis for project appraisal and approval, except for cases specified in Clause 3 of this Article.

2. Construction investment projects only need to prepare an Economic-Technical Report in the following cases:

a) Construction investment projects for works used for religious purposes, except for cases specified in Clause 4 of this Article;

b) Small-scale construction investment projects or projects with simple technical nature as prescribed by the Government;

c) Other cases as prescribed by relevant law.

3. Works serving agricultural production directly used by individuals or community residents in accordance with the provisions of the law on land, or individual housing works of households or individuals, when constructed, are not required to prepare a Feasibility Study Report or an Economic-Technical Report, except in the case of multi-storey, multi-apartment individual housing works that require project preparation according to the provisions of the law on housing, or individual housing works located in heritage protection areas or world heritage sites that require project preparation according to the provisions of the law on cultural heritage.

4. For projects to preserve, restore, or rehabilitate heritage sites, the preparation, appraisal of Feasibility Study Reports, Economic-Technical Reports, and project approval are carried out in accordance with the provisions of the law on cultural heritage.

5. The preparation and appraisal of the pre-feasibility study report, the report proposing investment policy, and project proposals for decision or approval of investment policy shall be carried out in accordance with the provisions of the law on public investment, the law on investment under the public-private partnership mode, the investment law, and other relevant legal provisions.

Article 24. Feasibility study report

1. The content of the feasibility study report includes the explanatory part and the construction design.

2. The explanatory part includes the following main contents:

a) The necessity, construction investment objectives, construction location and land area used, scale and capacity;

b) Factors ensuring feasibility, efficiency, meeting objectives, and the nature of the project;

c) Total investment, sources of investment capital, and form of investment;

d) Assess the impact of the project related to land acquisition, site clearance, resettlement (if any); safety in construction; fire prevention and fighting; environmental protection and other necessary contents;

e) The investor and the form of project management, project implementation time; expected investment phasing, division of sub-projects (if any).

3. Construction design in the Feasibility Study Report is the basic design, except in cases specified in Clause 4 of this Article.

4. According to project requirements, the investment decision-maker may decide to use FEED design or detailed engineering design as an alternative to the basic design in the Feasibility Study Report.

Article 25. Economic - Technical Report

1. The contents of the Economic - Technical Report include a narration and the construction drawings, technological design (if any).

2. The content of the explanatory section includes the necessity of investment, construction objectives, construction location, land use area, scale, capacity, total investment, project grade, construction implementation solutions, site clearance plans, construction safety, fire prevention and fighting, environmental protection, sources of capital, construction time, and investment efficiency of the construction project; the investor and the project management form.

Article 26. Appraisal of the Feasibility Study Report and the Economic-Technical Report

1. The Feasibility Study Report and the Economic-Technical Report must be appraised as a basis for approving the project and making investment decisions for construction.

2. For PPP projects, the appraisal of the Feasibility Study Report and the Economic-Technical Report by the competent authority shall be carried out in accordance with the provisions of the law on investment under the public-private partnership mode.

3. For public investment projects, the investment decision-maker assigns the specialized agency under their management or a subordinate organization with appropriate expertise to appraise the following main contents:

a) The conformity of the Feasibility Study Report and the Economic-Technical Report with the investment policy (if any);

b) The factors ensuring the feasibility and effectiveness of the project; determination of the total construction investment;

c) The conformity of the construction design with the construction design assignment;

d) The conformity of the technological design with the project's requirements (for projects with technological design);

đ) The implementation of environmental procedures in accordance with environmental protection law;

e) The form of project management;

g) Other contents as prescribed by relevant laws and the requirements of the investment decision-maker;

h) Specifically, for the economic-technical report, it is necessary to assess the compliance of the construction drawing designs with ensuring the safety of the works and measures to ensure the safety of adjacent works; to evaluate the design solutions for fire prevention and fighting in accordance with the provisions of the law on fire prevention, firefighting, search, and rescue.

4. For investment-business projects, the investment decision-maker is responsible for organizing the appraisal to ensure compliance with the contents prescribed in points a, c, and d of Clause 3 of this Article, investment and business requirements, and other relevant legal regulations.

5. Works belonging to construction investment projects must have their construction designs reviewed as a basis for appraisal, including:

a) Construction works that significantly affect safety, community benefits, or projects with large-scale, complex technical works must have their construction design reviewed regarding structural safety, compliance with technical regulations, applicable standards, and other contents according to the construction contract agreement;

b) Works subject to fire prevention and fighting design appraisal under the provisions of the law on fire prevention, firefighting, and rescue must have their construction design reviewed to ensure compliance with fire prevention and firefighting design requirements.

6. For projects that are subject to feasibility study report appraisal by the specialized construction agency as prescribed in Article 27 of this Law, the appraisal results of the specialized construction agency must be compiled as a basis for submission to the investment decision-maker for consideration and approval of the project.

7. Investment projects for construction that use technology with restricted transfer or construction investment projects that may have negative environmental impacts using technology must be appraised or have opinions on the technology according to the provisions of the law on technology transfer. The results of the appraisal or the opinions on the technology must be compiled as a basis for submission to the investment decision-maker for consideration and decision when approving the project.

8. In the case of construction investment projects that belong to the list of key projects requiring national defense and security assurance under the provisions of Clause 6, Article 28 of this Law, in addition to the provisions of this Article, they must receive opinions from the Ministry of National Defense and the Ministry of Public Security regarding national defense and security assurance before the project is approved.

Article 27. Appraisal of the Feasibility Study Report by the specialized construction agency, Appraisal Council

1. The following projects must be appraised by the specialized construction agency:

a) Public investment projects;

b) PPP projects;

c) Business investment projects with large scale or projects having works that significantly affect safety and community interests as prescribed by the Government.

2. In cases where the project only requires an Economic-Technical Report as stipulated in Clause 2, Article 23 of this Law, appraisal by specialized construction agencies is not required.

3. For important national projects, projects decided or approved for investment by the National Assembly, Ministries, or Provincial People's Committees can establish an Appraisal Council to conduct the appraisal of the Feasibility Study Report.

4. The appraisal of the feasibility study report includes the following main contents:

a) The conformity of the construction design with the planning used as the basis for project preparation;

b) The ability to connect with regional technical infrastructure;

c) Compliance with technical regulations and the application of standards according to the provisions of the law on standards and technical regulations; factors ensuring construction safety of construction designs; evaluation of design solutions for fire prevention and fighting in accordance with the provisions of the law on fire prevention, firefighting, and search and rescue;

d) Compliance with legal regulations on managing construction investment costs for public investment projects and PPP projects.

Article 28. Approval of the project, decision on construction investment, adjustment of construction investment project

1. According to the form of investment, the authority to approve the project and decide on the construction investment of the project shall be carried out in accordance with the provisions of the law on public investment, the law on investment by the public-private partnership method, and other relevant legal provisions. The investment decision is expressed in the Decision on Approval of the Construction Investment Project.

2. Public investment projects are adjusted in the following cases:

a) Due to the State changing policies or laws that increase the total investment, or when adjusting the investment policy of the competent authority;

b) When adjusting the planning used as a basis for project preparation that directly affects the investment scale or construction location of the project;

c) When changing any of the content regarding objectives, investment scale, increasing total investment, or extending the project implementation time due to force majeure events or fundamentally changed circumstances in construction activities as prescribed in Article 13 of this Law;

d) When elements appear that bring higher efficiency to the project, as proven by the investor regarding the financial, economic, and social efficiency resulting from the project adjustment;

d) When the price index during the project implementation period is higher than the price index used to calculate the price contingency in the total investment of the project, the competent authority decides, leading to an increase in the total construction investment.

3. Adjustments to PPP projects are conducted according to the investment law on the public-private partnership method.

4. Adjustments to investment projects for business operations are decided by the investment decision-maker.

5. The Government specifies in detail the formulation, appraisal, approval, and adjustment of construction investment projects.

6. The Minister of National Defense and the Minister of Public Security regulate the appraisal of Feasibility Study Reports and Economic - Technical Reports in accordance with the specific sector management requirements for construction investment projects serving national defense and security; and regulate the list of key projects requiring national defense and security assurance.

Section 3. MANAGEMENT OF CONSTRUCTION DESIGN IMPLEMENTATION AFTER THE PROJECT IS APPROVED

Article 29. Appraisal and approval of construction design

1. The investor shall carry out the appraisal, control, and approval of the implementation construction design after the project has been approved.

2. For sub-projects using public investment capital under a PPP project in accordance with the Law on Investment under the public-private partnership method, these will be managed as component projects of the PPP project. The preparation, appraisal, and approval of construction design and construction estimates shall be conducted in accordance with the provisions of the Law on Investment under the public-private partnership method.

3. Construction works specified in Clause 5, Article 26 of this Law must have their construction design verified as a basis for the investor's appraisal or design control.

4. The investor is responsible for implementing the requirements according to the provisions of the law on fire prevention and fighting, rescuing, environmental protection, ensuring national defense and security, and other relevant legal regulations.

5. Specifically, for construction investment projects serving national defense and security, the Minister of National Defense and the Minister of Public Security shall regulate the authority, procedures for preparation, appraisal, approval, and adjustment of construction designs.

Article 30. Contents of the investor's construction design appraisal

1. For construction works under a public investment project, the investor appraises the following contents:

a) The fulfillment of the requirements of the design assignment;

b) The conformity of the implemented construction design after the project is approved compared to the construction design in the Feasibility Study Report;

c) Compliance with applied technical regulations, standards, and legal regulations on the use of construction materials for the work;

d) Assessing the structural safety of the construction and ensuring the safety of adjacent works; evaluating design solutions for fire prevention and fighting according to the law on fire prevention, fighting, and rescue; the rationality of selecting process lines and technological equipment for the design of construction works with technological requirements;

d) The conformity between the main quantities in the estimate and the design quantities; the conformity of the construction cost estimate with the total investment value; determining the construction cost estimate;

e) Meeting the competency requirements of entities performing surveying, design, and construction cost estimation according to this Law and other relevant legal regulations.

2. For construction works under PPP projects or business investment projects, the appraisal content shall be in accordance with the provisions of the Government.

Article 31. Adjustment of construction designs implemented after the project has been approved

1. Adjustments to construction design are carried out in the following cases:

a) When adjusting the construction investment project requires adjustment of the construction design;

b) During the construction process, when there is a need to adjust the construction design to ensure the quality of the works, meet the efficiency and usage requirements of the project.

2. The investor decides on the adjustment of the construction design according to the provisions of clause 1 of this Article. The adjustment of the construction design must be appraised and approved in accordance with the provisions of Article 29 of this Law.

3. The government stipulates detailed regulations on the preparation, appraisal, approval, and adjustment of detailed construction designs implemented after the approved project.

Section 4. MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECT IMPLEMENTATION

Article 32. Forms of organization for managing construction investment projects

1. Based on the scale, nature, form of investment, and conditions for implementation, a construction investment project shall apply one of the following project management organizational forms:

a) Construction investment project management board;

b) The investor organizes project management through hiring a project management consultant, establishing a project management board under them, or directly implementing project management.

2. The construction investment project management board specified in point a, clause 1 of this Article is assigned by the investment decision maker to manage simultaneously or continuously projects of the same specialty or within the same area; project management consulting can be performed when meeting the conditions and capacity as prescribed.

Article 33. Contents of construction investment project management

1. The content of construction investment project management includes management of scope, work schedule; work volume; construction quality; implementation progress; construction investment costs; safety in construction; environmental protection in construction; selection of contractors and construction contracts, and other necessary contents as prescribed by this Law and other relevant legal regulations.

2. The investor is responsible for implementing or assigning the Project Management Board, project management consultants to carry out part or all of the project management contents specified in clause 1 of this Article.

Article 34. Management of construction investment project implementation progress

1. The investment decision-maker decides the time and implementation progress when approving the project (including adjustment cases) to ensure feasibility, in line with the policy approved by the competent authority or other relevant legal regulations.

2. The investor and the construction contractor must prepare a progress plan and manage project implementation according to the approved construction progress.

3. Investors, project management consultants, and construction contractors are encouraged to propose and apply technical, technological, and organizational management solutions reasonably to shorten the construction time of the project.

Section 5. RIGHTS, DUTIES, AND RESPONSIBILITIES OF ENTITIES IN CONSTRUCTION INVESTMENT PROJECT MANAGEMENT

Article 35. Rights, duties, and responsibilities of project establishment consultants, design consultants, and project management consultants

1. Project establishment consultants, design consultants, and project management consultants have the following rights:

a) Request the investor or the agency, organization assigned to prepare the project and related parties to provide information and documents related to the assigned consulting tasks;

b) To be protected for intellectual property rights over their consulting products in accordance with the provisions of law;

c) To refuse to carry out illegal requests from the investor;

d) To subcontract part of the work in accordance with the provisions of the construction contract;

đ) Other rights under the construction contract and relevant legal provisions.

2. Consulting contractors who prepare projects, provide design consultancy, and project management consultancy have the following obligations and responsibilities:

a) To perform obligations according to the content of the construction contract;

b) To be responsible for the results and quality of work under the construction contract and legal provisions;

c) To be responsible for the quality of the subcontractor's work (if any). The subcontractor is responsible for the results of the work performed to the main contractor and to the law.

d) Compensate for damages when using information, documents, standards, technical regulations, technical solutions that are inappropriate, with results and quality not meeting requirements, and violating construction contracts causing damage to the investor;

đ) Other obligations and responsibilities in accordance with the provisions of the construction contract and relevant laws.

Article 36. Rights, obligations, and responsibilities of the verification consulting contractor

1. The verification consulting contractor has the following rights:

a) Request the investor, organizations, or individuals preparing the project and construction design to provide, explain, and clarify information for verification;

b) Reserve verification results, refuse to carry out requests that distort verification results or requests that exceed the capacity and scope of verification work;

c) Other rights in accordance with the provisions of the construction contract and relevant laws.

2. The verification consulting contractor has the following duties and responsibilities:

a) Conduct verification within the scope required by the construction contract, ensuring the content complies with regulations;

b) Explain and clarify verification results to serve the appraisal process;

c) Be responsible before the law and the investor for the completeness, accuracy, honesty, quality, and content of the Verification Result Report;

d) Compensate for damages when providing inaccurate information in the Verification Result Report or violating the construction contract causing damage to the investor;

đ) Other obligations and responsibilities in accordance with the provisions of the construction contract and relevant laws.

Article 37. Rights, duties, and responsibilities of the construction survey contractor

1. The construction survey contractor has the following rights:

a) Request the investor and related parties to provide data and information as prescribed by the construction contract to conduct the construction survey;

b) Refuse to carry out requests beyond the construction contract;

c) Hire subcontractors to carry out construction surveys in accordance with the provisions of the construction contract;

d) Other rights according to the provisions of the construction contract and relevant laws.

2. The construction survey contractor has the following obligations and responsibilities:

a) Properly carry out construction survey requirements according to the provisions of this Law and the construction contract;

b) Propose and supplement construction survey tasks when detecting factors that directly affect the design solution;

c) Be responsible for the results of the construction survey and the quality of the survey carried out; be responsible for managing the survey quality of subcontractors (if any) and the survey results of subcontractors. Subcontractors participating in construction surveys must be responsible for the survey results to the main contractor and before the law;

d) Compensation for damages when failing to properly perform survey duties, using information, documents, standards, technical regulations on construction surveys inappropriately, and violating construction contracts;

đ) Other obligations and responsibilities in accordance with the provisions of the construction contract and relevant laws.

Article 38. Rights and responsibilities of the agency evaluating the Feasibility Study Report, Economic - Technical Report

1. The specialized agency under the investment decision-maker or the agency, organization assigned by the investment decision-maker to appraise has the following rights:

a) Require the investor, organization, or individual conducting the construction survey, preparing, and verifying the Feasibility Study Report, Economic - Technical Report to provide, explain, and clarify information for appraisal;

b) Require the investor to hire a consulting organization to perform verification or invite organizations, individuals with sufficient qualifications and experience to participate in the appraisal;

c) Preserve the appraisal results, refuse to carry out requests that falsify the appraisal results or requests that exceed the capacity and scope of the appraisal work as prescribed.

2. Specialized agencies under the investment decision maker or agencies and organizations assigned by the investment decision maker to conduct appraisals have the following responsibilities:

a) Appraise the Feasibility Study Report, the Economic-Technical Report in accordance with the provisions of this Law and summarize the opinions and appraisal results of related agencies and organizations to submit to the investment decision maker for project approval and investment construction decision;

b) Be responsible before the law and the investment decision maker for the results of the work they perform.

3. The appraisal council and specialized construction agencies have the following rights:

a) Request the investor, organization, or individual to explain and clarify information related to construction surveys, preparation, and verification of the Feasibility Study Report for appraisal purposes;

b) Request the local planning and architecture management agency where the project is located to provide relevant planning information when necessary;

c) Request the investor to hire a consulting organization to conduct verification or invite organizations or individuals with sufficient capacity and experience to participate in the appraisal when necessary;

d) Reserve the appraisal results, refuse to comply with requests that distort the appraisal results.

4. The appraisal council and specialized construction agencies have the following responsibilities:

a) Appraise according to the provisions of this Law;

b) Notify opinions and appraisal results to the investor and relevant agencies;

c) Be responsible before the law for the results of the work they perform.

Article 39. Rights and responsibilities of the investment decision-maker

1. The investment decision-maker has the following rights:

a) Approve or delegate, authorize approval of projects, decide or delegate, authorize decisions on determining the type of construction design in the Feasibility Study Report, and settle construction investment capital. The delegation and authorization are carried out in accordance with the provisions of the law on government organization, the law on local government organization, the law on public investment, the law on investment under the public-private partnership model, and other relevant legal regulations;

b) Not approve a project if it does not meet the investment objectives and project efficiency;

c) Temporarily suspend or cancel the implementation of an approved or ongoing construction investment project when deemed necessary and in accordance with the provisions of the law;

d) Change and adjust the construction investment project when deemed necessary, in accordance with the provisions of Article 28 of this Law;

d) Other rights as prescribed by law.

2. The investment decision-maker has the following responsibilities:

a) Organize project appraisal and make decisions on construction investment;

b) Ensure funding for the implementation of the construction investment project;

c) Inspect the implementation of the construction investment project by the investor;

d) Be responsible before the law for their decisions; within their authority, take full responsibility for issues arising during the implementation, completion, and settlement of construction investment capital, and the commissioning and use of the project.

Article 40. Rights, obligations, and responsibilities of the investor

1. The investor has the following rights:

a) Prepare projects, designs, verify construction designs, and conduct construction surveys as prescribed by this Law;

b) Select and enter into construction contracts with contractors to carry out work related to project planning and management, construction surveying, design, and construction design appraisal;

c) Organize project planning and management;

d) Other rights as prescribed by law.

2. The investor has the following obligations and responsibilities:

a) Select design consulting contractors, construction design appraisal, and construction survey contractors with experience and capability as prescribed;

b) Determine the requirements and content of tasks for project planning, construction surveying, construction design, and construction design appraisal;

c) Provide necessary information and documents to consulting contractors for project planning, construction surveying, design, and construction design appraisal;

d) Organize the acceptance of results of project preparation, construction survey, construction design, and archive the documents of investment construction projects, construction design, construction surveys;

d) Properly perform the construction contract; compensate for damages in case of violation of the construction contract;

e) Inspect and supervise the implementation of the project; periodically report the implementation of the project to the investment decision-maker and the competent state management agency;

g) Be responsible before the law and the investment decision-maker for the results of the work performed;

h) Other obligations and responsibilities according to the provisions of the construction contract and relevant laws.

Article 41. Rights, Duties, and Responsibilities of the Investment Construction Project Management Board

1. The Investment Construction Project Management Board has the following rights:

a) Propose that the investor provide information and documents related to assigned project management tasks in the case of not being assigned as the investor;

b) Exercise project management rights according to assigned tasks;

c) Propose plans and solutions for project management, make recommendations to competent authorities to resolve issues beyond their authority;

d) Hire consulting organizations to participate in project management if deemed necessary after obtaining approval from the investor in cases where not assigned as the investor.

2. The construction investment project management board has the following duties and responsibilities:

a) Assume the responsibilities of the investor regarding project management within the scope of assigned tasks;

b) Organize construction investment project management to ensure requirements on progress, quality, cost, safety, and environmental protection in construction;

c) Report work to the investor during project management in cases where not assigned as the investor, upon the investor's request;

d) Be responsible to the decision-maker or the project owner in cases where not assigned as the project owner and before the law regarding the results of project management. The consulting organization hired to participate in project management must be responsible for the results before the Construction Investment Project Management Board and before the law;

d) Other obligations and responsibilities as prescribed by law.

Article 42. Archiving construction project documents

1. The project owner is responsible for archiving appraisal documents, documents sent by competent authorities, and the completed construction project documents. Contractors participating in construction activities are responsible for archiving the work documents they have carried out.

2. Documents serving the management and use of construction projects must be archived by the entity managing and using the project for a minimum period equal to the project’s legally prescribed usage duration.

3. The establishment and storage of construction project records shall be carried out in accordance with the provisions of the law on archival.

Chapter III. CONSTRUCTION PERMIT AND MANAGEMENT OF CONSTRUCTION ORDER

Article 43. General provisions on granting construction permits

1. Construction permits include the following types:

a) New construction permits;

b) Permits for repair, renovation, or relocation of works;

c) Temporary construction permits.

2. Before starting the construction of a work, the investor must have a construction permit except for the following cases:

a) State secret works; emergency, urgent construction works; works belonging to special public investment projects; works belonging to investment projects under special investment procedures; temporary construction works as prescribed in this Law; construction works in areas of land used for national defense and security purposes according to the provisions of the land law;

b) Works belonging to public investment projects that are decided for construction investment by the Prime Minister, the head of a central agency of a political organization, the Supreme People's Procuracy, the Supreme People's Court, the State Audit, the Office of the President, the Office of the National Assembly, Ministries, ministerial-level agencies, agencies under the Government, central agencies of the Vietnam Fatherland Front and political-social organizations, the Chairman of People's Committees at all levels.

c) Construction works along routes within the area covering two or more provincial-level administrative units; construction works along routes outside areas designated for urban development, determined according to urban and rural planning or detailed sectoral planning approved by the competent state authority or with the route plan approved by the competent authority;

d) Offshore construction works belonging to investment projects for offshore construction that have been allocated marine areas by the competent authority for project implementation; airports, works at airports, works ensuring flight operations outside airports;

đ) Advertising works not subject to construction permits under the law on advertising; passive telecommunications infrastructure works;

e) Construction works belonging to investment and construction projects that have been appraised by specialized construction authorities for Feasibility Study Reports or Adjusted Feasibility Study Reports and have been approved according to regulations;

g) Grade IV construction works, detached houses with fewer than 7 floors and a total construction floor area of under 500 m², and not located in any of the following areas: functional zones, urban development areas identified in the city's master plan; functional zones, rural residential areas, urban development areas identified in the provincial or city master plan, general master plan of economic zones, national tourist areas; construction areas identified in the commune master plan; areas that already have architectural management regulations;

h) Repair and renovation works inside the building or repair and renovation works on the exterior of the building that do not adjoin streets in urban areas but require architectural management according to regulations of competent state authorities; the repair and renovation content does not change the purpose and functional use, does not affect the safety of the building's load-bearing structure, ensures fire prevention and fighting requirements, environmental protection, and the ability to connect technical infrastructure.

3. Before starting construction, the investor of the construction works specified in points a, b, c, d, đ, e, g, and h of Clause 2 of this Article must submit a construction commencement notice (except for state secret works, emergency, urgent construction works, temporary construction works as specified in point a, Clause 2 of this Article, individual residential houses of households or individuals) to the competent state construction management authority at the locality where the work is to be built according to the decentralization by the provincial People's Committee for management, specifically as follows:

a) Submit a construction commencement notice for works specified in points b and c, Clause 2 of this Article;

b) Submit a construction commencement notice along with the documents corresponding to the construction permit application file as prescribed (excluding the Construction Permit Application Form) for works specified in points a, d, đ, e, g, and h, Clause 2 of this Article.

Article 44. Issuance of construction permits

1. Conditions for granting construction permits for the types of permits prescribed in Clause 1, Article 43 of this Law include:

a) Complying with the land use purpose prescribed by the land law;

b) Complying with urban and rural planning or a separate urban design according to the law on urban and rural planning or architectural management regulations according to the law on architecture or detailed sectoral planning as prescribed by the law on planning, except in the case of granting a temporary construction permit;

c) Ensuring construction design safety for the project and surrounding works; fully implementing regulations on environmental protection, fire prevention and fighting; ensuring connectivity with technical infrastructure.

2. A fixed-term construction permit is granted for projects located in areas with planning according to the laws on urban and rural planning or other sectoral detailed plans approved and announced by the competent state authority, but not yet implemented and without a land recovery decision from the competent state authority.

3. The Government stipulates in detail the conditions, authority, dossiers, procedures, processes for granting, adjusting, extending, reissuing, revoking, canceling, and publicizing construction permits.

Article 45. Rights and responsibilities of the competent authorities in granting construction permits; responsibilities of agencies and organizations related to construction permit issuance

1. The competent authority for granting construction permits has the following rights:

a) Request the investor, organization, or individual to prepare construction designs, provide explanations, and clarify information serving the granting of construction permits;

b) Refuse to comply with requests to falsify the results of issuing construction permits or requests beyond the functions, duties, and scope of work of issuing construction permits as prescribed;

c) Compare the conditions according to the provisions of this Law to send documents to seek opinions from state management agencies on fields related to construction works as prescribed by law.

2. The competent authority for issuing construction permits has the following responsibilities:

a) Publicly post and explain, guide the legal regulations on issuing construction permits;

b) Monitor, return results or notify investors of dossiers that do not meet the conditions for issuing construction permits;

c) Issue construction permits according to the procedures and within the prescribed time limits;

d) Preside over and coordinate with relevant functional agencies to inspect the implementation of construction according to the construction permit; suspend construction, revoke the construction permit according to authority;

d) The person authorized to grant a construction permit must be responsible before the law and compensate for damages caused by issuing an incorrect permit or issuing a permit late in accordance with the provisions of law;

e) Verify the validity of the application dossier for a construction permit.

3. Agencies and organizations related to the issuance of construction permits have the following responsibilities:

a) Give opinions on areas related to construction works according to the request of the construction permit issuing authority in accordance with the provisions of law;

b) Exercise authority in accordance with the law regarding construction works without a construction permit or not in accordance with the construction permit.

Article 46. Rights and responsibilities of organizations and individuals applying for a construction permit

1. Organizations and individuals requesting a construction permit have the following rights:

a) Request the competent authority to explain, guide, and properly implement the regulations on issuing construction permits;

b) Complain, file a lawsuit, or denounce organizations or individuals who violate the law in the issuance of construction permits;

c) Commence construction of works according to the provisions of this Law.

2. Organizations and individuals requesting a construction permit have the following responsibilities:

a) Submit complete dossiers and be responsible for the accuracy and honesty of the content of the construction permit application;

b) Ensure the legality of land use rights and ownership of works on the land regarding the content of the construction permit application;

c) Pay the construction permit fee as prescribed;

d) Notify the commencement of construction according to the provisions at point đ, clause 1, Article 48 of this Law;

e) Comply with the content of the construction permit.

Article 47. Management of Construction Order

1. The management of construction order must be carried out from the time of receiving the notice of commencement to the commencement of construction of the works until the works are inspected, accepted, and handed over for exploitation and use, in order to detect, prevent, and promptly handle any arising violations.

2. The management of construction order must comply with and fully cover the content of order management corresponding to works that require a construction permit and works that do not require a construction permit.

3. The provincial-level People's Committee is fully responsible for managing construction order for construction works in its area according to its management scope; the commune-level People's Committee is fully responsible for managing construction order in its area according to the decentralization from the provincial-level People's Committee.

4. When violations are detected, the competent authority in charge of construction order management must exercise its authority in accordance with the provisions of law.

Chapter IV. CONSTRUCTION OF WORKS

Section 1. PREPARATION FOR CONSTRUCTION OF WORKS

Article 48. Conditions for commencing construction of works

1. The commencement of construction of works, except in cases specified in clauses 2 and 3 of this Article, must ensure the following conditions:

a) Having a construction site ready to hand over in whole or in part;

b) Having a construction permit as prescribed in Article 43 of this Law;

c) Having approved detailed construction drawings of the part of the work, work item, or work to be commenced;

d) The investor has signed a construction contract with the contractor to carry out construction activities related to the works being commenced according to the construction schedule;

d) The investor has sent a construction commencement notice in writing or online (except for individual households' private residential works) to the local state management authority on construction.

2. The commencement of construction of the following works only needs to meet the condition stipulated in point a, clause 1 of this Article:

a) Emergency and urgent works and works under special public investment projects;

b) Works that need to be commenced early as directed by the competent authority by decision of the Prime Minister.

3. The commencement of construction of private residential houses by individual households only needs to meet the condition stipulated in point b, clause 1 of this Article and must be built on legally owned residential land in accordance with the provisions of the land law.

Article 49. Requirements for Construction Sites

1. The investor is responsible for installing signboards and construction monitoring equipment at the construction site in accordance with the provisions of the law.

2. The construction contractor is responsible for managing the entire construction site in accordance with the provisions of the law, except in cases where the investor organizes the management.

3. The construction contractor must have measures to ensure labor safety and hygiene; ensure the safety of people and means of transportation entering and leaving the construction site, properly concentrate and handle construction waste, without causing negative effects on the environment around the construction site.

Section 2. CONSTRUCTION OF WORKS

Article 50. Requirements for construction of works

1. Comply with the approved construction design, technical regulations, standards applicable to the project, legal provisions on the use of construction materials; ensure structural safety, fire prevention and firefighting, safety in use, aesthetics, environmental protection, and other safety conditions according to legal regulations.

2. Ensure occupational safety and hygiene; safety for the construction project, personnel, construction equipment, underground works, and adjacent works; take necessary measures to limit damage to people and property in case of safety incidents during the construction process.

3. Implement specific technical safety measures for project items or tasks that have strict requirements for occupational safety and fire prevention and firefighting.

4. Use materials and supplies according to the construction design requirements during the construction process.

5. Conduct inspection, supervision, and acceptance of construction work, the stage of switching construction phases when necessary, acceptance of completed work items, and construction works for handover to put into operation and use.

Article 51. Safety in construction of works

1. The construction contractor is responsible for ensuring safety and labor hygiene; the construction work, property, equipment, and means during the construction process; environmental protection; and fire prevention and fighting.

2. The investor must organize the supervision of the implementation of safety regulations by the construction contractor; temporarily suspend or halt construction when signs of violations of safety regulations are detected, or when incidents occur that compromise the safety of the construction; coordinate with contractors to handle and rectify incidents or occupational accidents; notify and coordinate promptly with the competent state authorities when construction incidents or fatal occupational accidents occur.

3. The construction contractor is responsible for identifying hazardous areas in the construction of the project; organizing the preparation and submission to the investor for approval of measures to ensure the safety of people, construction works, assets, equipment, and means in hazardous areas during construction; regularly and unexpectedly reviewing safety measures to make adjustments in accordance with the actual construction conditions on site.

4. In cases where the limits of hazardous areas during construction are outside the construction site, the investor is responsible for reporting to the specialized construction authority the safety measures that have been approved for inspection during the construction process.

5. Machines, equipment, and materials serving construction that have strict safety requirements must be inspected before being put into use.

Article 52. Environmental protection in construction

During the construction process, the construction contractor has the following responsibilities:

1. Develop and implement environmental protection measures during the construction process, including air environment, water environment, solid waste, noise, and other requirements as stipulated by environmental protection law;

2. Compensate for damages caused by environmental pollution that results in losses according to the provisions of law.

Article 53. Relocation of construction works

1. The relocation of construction works from one position to another must comply with planning according to the provisions of the law on planning and the law on urban and rural planning, ensuring the quality and safety of the construction works, not affecting adjacent works, and meeting the conservation requirements for works that need to be preserved.

2. When relocating a construction work, the investor or owner of the work must have a construction relocation permit, except in cases exempted from a construction permit.

3. Contractors carrying out the relocation of construction works must implement measures to ensure labor safety, safety for the work being relocated and adjacent works, and environmental protection.

Article 54. Demolition of construction works

1. The demolition of construction works is carried out in the following cases:

a) To clear land for the construction of new works or temporary construction works;

b) Works that are at risk of collapse affecting the community and adjacent works; works must be urgently demolished in order to promptly prevent, combat, and remedy the consequences of natural disasters, calamities, epidemics, and urgent tasks to ensure national defense, security, and foreign affairs as decided by competent state authorities;

c) Construction works in prohibited construction areas;

d) Construction works built contrary to the planning according to the laws on urban and rural planning, detailed sector planning; construction works without a construction permit for works that are required to have a permit or built in violation of the content specified in the construction permit;

d) Construction works encroaching on public land or land legally used by organizations or individuals; construction works not in accordance with the approved construction design in cases exempted from a construction permit;

e) Individual housing works that need to be demolished for new construction;

g) Demolition of construction works at the request of the investor or owner of the work;

h) Works that have reached the design lifespan;

i) Other cases as prescribed by relevant laws.

2. The responsibilities of the parties in the demolition of construction works are regulated as follows:

a) The investor, owner, manager, user of the construction works, or the person assigned the task of presiding over the demolition of the works is responsible for organizing the implementation of the demolition of the construction works; they may either carry out the work themselves or hire a consulting organization to develop and verify the design of the plans and solutions for the demolition of the construction works and to execute the demolition; they are responsible before the law and must compensate for damages caused by their own faults;

b) The contractor assigned to carry out the demolition of the work is responsible for developing demolition construction methods suitable to the approved demolition plan and solution; implementing the demolition of the work according to the construction methods and the demolition decision or the compulsory demolition decision of the construction work (if any); performing monitoring and inspection of the work; ensuring safety for people, property, the work itself, and adjacent works; taking legal responsibility and compensating for damages caused by their own faults;

c) The person authorized to make the decision to demolish the work is legally responsible for the consequences of failing to issue a decision, issuing a decision untimely, or issuing a decision contrary to the provisions of the law;

d) Organizations and individuals that own or are using works that fall under the case of mandatory demolition must comply with the demolition decision of the competent state authority; in case of non-compliance, they will be forcibly executed and bear all costs for the demolition.

Article 55. Construction work incidents

1. During the process of construction, operation, exploitation, or use of the work, if there is a risk of unsafe conditions or the occurrence of an incident affecting the safety of life, neighboring works, and the community, the investor, construction contractor, manager or user of the work, and the competent state agencies have the following responsibilities:

a) Promptly request to stop construction, operation, exploitation, or use of the work and implement measures to ensure the safety of people and property;

b) Implement necessary measures to limit and prevent potential hazards to the construction works; promptly notify the relevant competent organizations and individuals;

c) Protect the scene, except in cases where urgent remediation is necessary to prevent damage.

2. Upon detection or being informed about the construction incident, the competent state agency, organization, or related individual, within the scope of their duties and powers, has the following responsibilities:

a) Immediately implement emergency measures to remedy the incident;

b) The competent state authority shall organize the appraisal of the cause of the incident and clarify the responsibility of the organization or individual that caused the construction incident.

3. A construction project with an incident can only be constructed or continue to operate, exploit, and use when the competent state authority permits the incident to be resolved.

4. Organizations or individuals causing a construction incident are responsible for compensating damages and covering related costs; they are subject to administrative violations and held accountable according to relevant legal regulations.

Section 3. QUALITY MANAGEMENT, ACCEPTANCE, AND HANDOVER OF CONSTRUCTION WORKS

Article 56. Supervision of construction works

1. Construction works must be supervised for quality, quantity, progress, labor safety, and environmental protection during the construction process. Supervision of construction is encouraged for individual houses of households and individuals.

2. The supervision of construction works must ensure the following requirements:

a) Acceptance of construction work during the construction process and acceptance of the transition stage of construction when necessary;

b) Supervise the construction of the works in accordance with the approved construction design, technical standards, applicable regulations, rules on the management and use of construction materials, technical instructions, and construction contracts;

c) Be honest, objective, and non-profit-oriented.

3. The construction supervision contractor selected must provide proposals on supervision solutions and procedures for controlling quality, quantity, progress, labor safety, environmental protection, inspection and acceptance processes, document management measures during supervision, and other necessary contents.

Article 57. Acceptance of construction works

1. The acceptance of construction works includes:

a) Acceptance of construction work during the construction process; acceptance of a construction stage transition when necessary;

b) Acceptance upon completion of construction items, completion of the construction works.

2. Construction items and completed construction works are only allowed to be put into operation and use after being inspected and approved to meet the requirements of construction design, technical standards, applicable norms, regulations on the management and use of construction materials, and being approved according to the provisions of this Law and complying with other relevant legal regulations.

3. The investor is responsible for organizing the inspection and acceptance of construction works. Organizations and individuals participating in the inspection are responsible for the products they confirm during the inspection of the construction works.

4. Construction works that are part of nationally important projects, large-scale works, technically complex works, or works with a significant impact on safety and community interests must be inspected by the competent authority during construction and upon completion of construction before being put into operation and use as follows:

a) The State Inspection Council for the acceptance of construction works shall organize the inspection of the acceptance work for construction works belonging to important national projects, large-scale works, and works with complex techniques;

b) The specialized construction agency shall organize the inspection of the investor's acceptance work for construction works not covered by the case specified in point a of this clause.

5. The Prime Minister decides to establish the State Inspection Council for the acceptance of construction works, which stipulates the organizational structure, responsibilities, powers, working regime, and coordination responsibilities between Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, organizations, and individuals related to the Council.

6. The Government provides detailed regulations on the quality management and acceptance of construction works; large-scale, technically complex works; management of the construction of individual residential buildings.

Article 58. Handover of Construction Works

1. The handover of construction works must comply with the following regulations:

a) The acceptance of the construction works has been carried out in accordance with the provisions of this Law;

b) Ensure safety in operation and exploitation when putting the works into operation and use;

c) For urban area construction investment projects, it is possible to hand over all or some of the works belonging to the project for operation and use, but before handover, the construction investment must be completed to ensure the synchronization of technical infrastructure and social infrastructure according to the investment phase, with construction design approved, ensuring connection with the common technical infrastructure of the area, in accordance with the project content and the approved planning.

2. The investor is responsible for receiving the work in accordance with the construction contract signed with the contractor. Persons participating in the handover of the work are responsible for the products they confirm during the construction work handover process.

In cases where the investor is not simultaneously the owner, manager, or user of the construction, the investor is responsible for handing over the construction to the owner, manager, or user of the construction after organizing the acceptance of the construction. The handover of the construction must be documented in a record.

3. Before handing over the construction, the construction contractor must provide the investor with documents including as-built drawings, operational manuals, maintenance procedures, a list of equipment, spare parts, replacement materials, and other necessary relevant documents.

4. If the construction cannot yet be handed over to the owner, manager, or user, the investor is responsible for temporarily managing and operating the construction.

5. For urban area construction investment projects, in addition to the provisions in Points 1, 2, 3, and 4 of this Article, the investor is responsible for handing over technical infrastructure, social infrastructure, and other works as prescribed by the Government.

Section 4. RIGHTS AND OBLIGATIONS OF ENTITIES IN CONSTRUCTION

Article 59. Rights, obligations, and responsibilities of the investor in the construction of works

1. The investor has the following rights:

a) Construct the works according to the provisions of this Law or hire contractors to carry out the construction; supervise and require the construction contractor to implement the construction in accordance with the construction contract; review and approve the construction methods, safety measures, and environmental hygiene measures submitted by the contractor;

b) Suspend implementation or terminate the construction contract with the construction contractor in accordance with the provisions of law and the construction contract;

c) Stop the construction of the project, requiring the contractor to remedy the consequences of violations of regulations on construction quality, safety, and environmental protection;

d) Request other organizations and individuals to respect one's rights during the construction of the project;

d) Other rights as prescribed by law.

2. The investor has the following obligations and responsibilities:

a) Select a construction contractor suitable for the type and grade of the project;

b) Hand over the construction site to the contractor in accordance with the construction progress of the project;

c) Organize supervision and quality management during construction in accordance with the form of project management and construction contract;

d) Inspect and approve construction methods, specifying measures to ensure safety and environmental hygiene;

d) Organize acceptance, payment, and finalization of the project;

e) Hire a consulting organization with sufficient capacity to inspect the quality of the project when necessary;

g) Consider and decide on proposals related to the contractor's design during construction;

h) Archive the project's completion documents;

i) Be responsible for the quality and origin of materials, raw materials, supplies, equipment, and construction products that they provide for use in the project;

k) Compensate for damages caused by violations of construction contracts and other violations committed by them;

l) Other obligations and responsibilities as prescribed by the construction contract and relevant legal regulations.

Article 60. Rights, obligations, and responsibilities of the investor in supervising construction works

1. The investor has the following rights:

a) Personally supervise the construction works according to the provisions of this Law or hire a contractor to supervise the construction works; monitor, supervise, and require the construction supervision contractor to perform according to the construction contract;

b) Change or request the consulting organization to change the supervisor in case the supervisor does not comply with the regulations;

c) Suspend the execution of or terminate the construction contract in accordance with the provisions of law;

d) Other rights according to the provisions of the construction contract and relevant laws.

2. The investor has the following obligations and responsibilities:

a) Hire a supervision consultant to carry out construction supervision suitable for the type and grade of the construction project in case self-supervision is not performed;

b) Notify the relevant parties of the rights and obligations of the supervision consultant;

c) Timely handle proposals from the supervisor;

d) Fully perform the obligations stipulated in the construction contract, except in cases of other agreements;

đ) Archive the results of construction supervision;

e) Compensate for damages when selecting a supervision consultant who does not have the qualifications or capacity to supervise the construction, accept incorrect quantities, wrong designs, and other violations causing damage made by oneself;

g) Other obligations and responsibilities as stipulated in the construction contract and relevant legal regulations.

Article 61. Rights, obligations, and responsibilities of the construction contractor

1. The construction contractor has the following rights:

a) Refuse to perform obligations that are not part of the construction contract or other requests that are illegal;

b) Propose modifications to the construction design to suit the actual construction situation to ensure quality and efficiency;

c) Request payment in accordance with the construction contract;

d) Stop construction when there is a risk of causing harm to people or the project, or when the contracting party does not fulfill commitments according to the construction contract;

e) Request compensation for damages caused by the contracting party or other entities.

e) Other rights as stipulated in the construction contract and relevant legal regulations.

2. The construction contractor has the following obligations and responsibilities:

a) Comply with the construction contract;

b) Prepare and submit to the investor for approval construction methods, specifying safety measures and environmental sanitation before commencing construction;

c) Perform construction according to the design, technical regulations, applicable standards, ensuring quality, progress, safety, and environmental protection;

d) Have an appropriate quality management system and establish a construction quality management file;

dd) Comply with requirements for the construction site;

e) Be responsible for the quality, origin of materials, raw materials, construction materials, equipment, and construction products provided and used in the project;

g) Manage labor at the construction site, ensuring security, order, and environmental protection;

h) Prepare as-built drawings and participate in the acceptance of the construction works;

i) Warranty the construction works within the scope of work performed according to the construction contract;

k) Compensate for damages when violating the construction contract, using materials of the wrong type, not meeting the approved design requirements, performing construction that does not ensure quality, causing environmental pollution, and other violations caused by oneself;

l) Be responsible for the construction quality according to the approved design, including work performed by subcontractors (if any) before the investor and before the law; subcontractors are responsible for the quality of the work they perform before the main contractor and before the law;

m) Other obligations and responsibilities as prescribed by the construction contract and relevant laws.

Article 62. Rights, obligations, and responsibilities of the design contractor in construction execution

1. The design contractor has the following rights:

a) The rights specified in Clause 1, Article 35 of this Law;

b) Request the investor and construction contractor to follow the design correctly;

c) Refuse the investor's requests to change the design if they are not in accordance with the provisions of law, technical regulations, or applicable standards;

d) Refuse to accept the inspection of construction items or construction works when the construction does not follow the design;

đ) Other rights under the construction contract and relevant legal provisions.

2. The design contractor has the following obligations and responsibilities:

a) The obligations and responsibilities specified in Clause 2, Article 35 of this Law;

b) Appoint a person with sufficient qualifications to supervise the design author according to the provisions of the construction contract; the person performing this task is responsible before the law for their violations and must compensate for damages caused;

c) Participate in the acceptance of construction works according to the construction contract with the investor;

d) Consider handling according to the investor's proposal regarding any inconsistencies in the construction design;

d) When detecting construction that deviates from the approved design, promptly notify the investor and propose corrective measures;

e) Other obligations and responsibilities as stipulated in the construction contract and relevant legal provisions.

Article 63. Rights, duties, and responsibilities of the construction supervision contractor

1. The construction supervision contractor has the following rights:

a) Participate in the acceptance inspection of work, construction items, and completed construction projects;

b) Require the construction contractor to perform the construction project according to the approved design and construction contract;

c) Reserve opinions regarding the supervision work that one is responsible for;

d) Temporarily stop construction in case the project is at risk of safety incidents or the construction contractor deviates from the design, and promptly notify the investor for handling;

e) Refuse to carry out requests that are not part of the construction contract or other unlawful requests;

e) Other rights as stipulated in the construction contract and relevant legal regulations.

2. The construction supervision contractor has the following obligations and responsibilities:

a) Conduct supervision and be responsible for the quality of the supervised work according to the construction contract;

b) Refuse acceptance if the project does not meet quality requirements; does not comply with applicable technical standards, regulations, and the design requirements of the project;

c) Propose to the investor any unreasonable aspects of the construction design;

d) Supervise the implementation of regulations on safety and environmental protection;

d) Compensate for damages if the supervision results are distorted regarding the construction volume not in accordance with the design, not complying with technical regulations or applicable standards, and the supervisor fails to report to the investor or competent authority and other violations caused by themselves;

e) Other obligations and responsibilities as stipulated in the construction contract and relevant legal provisions.

Section 5. WARRANTY, MAINTENANCE, AND CESSATION OF EXPLOITATION AND USE OF CONSTRUCTION WORKS

Article 64. Warranty of construction works

1. The construction contractor is responsible for the warranty of the works they have constructed. The contractor supplying construction equipment and technological equipment is responsible for the warranty of the equipment they provide.

The content of the construction warranty includes repairing, fixing, and replacing damaged or defective equipment.

2. The warranty period for the project, project equipment, and technological equipment is determined according to the type, class of the project, and the regulations of the manufacturer or construction contract.

Article 65. Maintenance of Construction Works

1. Requirements for the maintenance of construction works are stipulated as follows:

a) Construction works must be maintained during operation and use;

b) The maintenance process must be organized, created, and approved by the investor before putting the construction works into operation and use; it must be suitable for the purpose of use, type, and class of the works, and the equipment installed in the work;

c) Maintenance must ensure safety for people, property, and the construction works.

2. The owner or the entity managing and using the construction works is responsible for maintaining the construction works.

3. Maintenance of construction works must be carried out according to the approved maintenance plan and maintenance procedures.

4. Large-scale projects, projects with complex technical requirements, and projects that have a significant impact on safety and community benefits must be periodically assessed for the safety of the construction project during operation and use.

Article 66. Management, operation, and use of construction works

1. Construction works must be managed, operated, and used for the correct purposes, ensuring safety, sustainability, socio-economic efficiency, environmental protection, and in accordance with relevant legal provisions.

2. The management, operation, use, and protection of technical infrastructure works must comply with the provisions in Clause 1 of this Article and meet the following basic requirements:

a) Operate continuously and stably according to operational management requirements, ensuring consistency and synchronization;

b) Activities providing technical infrastructure services must meet the requirements regarding criteria and quality standards; meeting the needs of organizations, individuals, and the community;

c) Share and connect technical infrastructure data to serve comprehensive management and needs for common exploitation and use in accordance with legal regulations;

d) Have measures to protect, ensure security and safety, and prevent, stop, and handle acts of intrusion into technical infrastructure works during exploitation and use.

3. The management, exploitation, use, and protection of technical infrastructure works are carried out in accordance with Government regulations.

Article 67. Suspension of exploitation and use of construction works

1. The investor, owner, manager, user of the construction works, or the competent state authority decides to stop operating or using the construction works when the works have reached the end of their service life, pose safety risks, cause construction incidents affecting the safety of users, the safety of adjacent works, the environment, and the community.

2. When deciding to stop operating or using common-use construction works, the investor, owner, manager, user of the construction works, or the competent state authority must notify in writing the organizations, individuals, and households using the works about their decision.

3. The exploitation and use of a construction works may only continue when the works have been repaired for any incidents or the risks causing safety hazards have been eliminated. In cases where the works have reached the end of their service life, if there is a demand to continue exploitation and use, the investor, owner, or manager, who is using the works, must carry out quality inspection, reinforcement, renovation, and repair of damages (if any) to ensure safety and functional use of the works.

Section 6. INVESTMENT IN CONSTRUCTION OF SPECIAL CONSTRUCTION WORKS

Article 68. Investment projects for special construction works

1. Investment projects for special construction works include:

a) Projects and works that need to ensure state secrecy;

b) Emergency construction projects and works;

c) Special public investment projects;

d) Temporary construction projects and works.

2. The order and procedures for implementing special construction investment projects according to the provisions of Articles 69, 70, 71, and 72 of this Law.

Article 69. Projects and works that need to ensure state secrecy

1. Works that need to ensure state secrecy include:

a) State secret works constructed according to requirements that must ensure secrecy during construction activities in domains as prescribed by the law on state secret protection;

b) Defense and security works where information and documents about the works are state secrets according to the decision of a competent authority.

2. Agencies, organizations, and individuals assigned to manage and carry out the construction of state secret works have the right to make decisions and are responsible for the implementation and organization of the construction of works from the project planning, surveying, designing, construction, construction supervision to the stage of acceptance and putting the works into operation and use.

3. The person authorized to issue or delegated, authorized to issue a list of state secrets according to the provisions of the law on state secret protection decides to construct the works specified in Point a, Clause 1 of this Article. The Minister of National Defense and the Minister of Public Security shall regulate the authority, sequence, and procedures for investing in the construction of works specified in Point b, Clause 1 of this Article in accordance with the specific requirements of sector management and relevant legal provisions.

Article 70. Emergency and urgent projects and works

1. Emergency construction works can be newly constructed or repaired, renovated, and are built immediately after the person with authority issues an order to construct emergency works in order to promptly prevent, combat, and mitigate the consequences of natural disasters, catastrophes, and epidemics.

Agencies, organizations, and individuals assigned to manage the implementation of emergency construction projects are authorized to decide and delegate organizations or individuals to carry out surveying, designing, and constructing in accordance with the requirements for the state of emergency. For emergency public investment projects, the sequence and procedures for investment decision-making are carried out according to the provisions of the law on public investment.

2. Urgent construction works that are newly built or repaired and renovated must be carried out quickly to promptly meet the requirements of ensuring national defense, security, foreign affairs, national economic development, national political tasks, urgent issues of ensuring energy security, water security, responding to environmental incidents, and developing technical infrastructure systems as required by the Government or decisions of the Prime Minister.

Agencies, organizations, and individuals assigned to manage the implementation of urgent construction works shall carry out, concurrently, the procedures from the project preparation stage, project implementation, and construction completion according to the order prescribed by the Government.

3. The Minister of National Defense and the Minister of Public Security shall regulate the authority, sequence, and procedures for investing in the construction of emergency and urgent works serving defense and security in accordance with the special requirements of sectoral management.

Article 71. Special Public Investment Projects

1. The procedures for deciding investment and organizing the implementation of special public investment projects shall be conducted according to the provisions of the law on public investment. The investment decision-maker and the investor may decide to apply simplified procedures for certain tasks as prescribed in paragraphs 2 and 3 of this Article.

2. The preparation and appraisal of the Feasibility Study Report shall be carried out as follows:

a) The investor decides to use the basic design or the FEED design or the detailed engineering design in the Feasibility Study Report and decides the number of design phases;

b) The feasibility study report must be reviewed as a basis for appraisal and approval;

c) The specialized agency under the investor appraises the Feasibility Study Report with the following contents: investment scale; ability to connect to regional technical infrastructure; compliance with technical regulations and applicable standards; safety assurance factors for construction; fire prevention and fighting requirements according to the law on fire prevention, firefighting, and rescue; technology design plan for projects that have technology requirements; total investment capital of the project; plan for dividing the project into components and investment phases (if any).

3. The preparation and appraisal of the construction design step following the design step in the Feasibility Study Report shall be carried out as follows:

a) The investor decides on the organization of the preparation, the content of the appraisal, and the content of the approval of the construction design step;

b) The construction design is prepared for the entire project or for individual items, parts of the project, or for each construction stage of the project; it is prepared simultaneously with the preparation, appraisal of the Feasibility Study Report, project approval, and construction execution;

c) The construction design must be subject to consultancy verification, assessment, and conclusion to meet the requirements of compliance with technical regulations, applicable standards, meet the requirements for structural safety of the project, ensure the safety of adjacent works; meet fire prevention and firefighting requirements according to the law on fire prevention, firefighting, and rescue.

4. The investor, the project owner is responsible for their own decisions; organizations and individuals involved are responsible for the results of the work they perform.

Article 72. Temporary projects and construction works

1. Temporary projects and construction works include:

a) Works constructed to serve the construction of the main project;

b) Works used for organizing events approved by the Provincial People's Committee or the Commune-level People's Committee according to the hierarchy regarding the location, scale, and duration of the work.

2. The design and construction of temporary works must meet the conditions for structural safety, fire prevention and fighting, and environmental protection during construction and use. The project owner shall organize the appraisal and approval of the design and the construction estimate of the temporary works.

3. Temporary construction works must be dismantled when their existence period expires or when the main construction works are put into operation, except for works specified in point a, clause 1 of this Article that are in accordance with the planning as prescribed by the law on planning and the law on urban and rural planning.

Chapter V. CONSTRUCTION INVESTMENT COSTS AND CONSTRUCTION CONTRACTS

Section 1. MANAGEMENT OF CONSTRUCTION INVESTMENT COSTS

Article 73. Principles of managing construction investment costs

1. The management of construction investment costs for public investment projects and PPP projects must ensure the following principles:

a) Ensure investment objectives, project efficiency, consistent with the investment and construction procedures, investment forms, the division into component projects, and phased investment (if any).

The construction investment costs are determined corresponding to each type of design suitable for each phase of the project, construction conditions, and market price levels, according to each project, work, or construction package; in more detail and specifically according to each design step corresponding to each phase of the project;

b) The investor is responsible for managing the construction investment costs from the project preparation stage to the construction completion stage within the scope of the total approved construction investment of the project;

c) The inspection, examination, and audit of construction investment costs are carried out based on the conditions and methods of determining construction investment costs as decided and approved by the investment decision-maker and the investor, in accordance with the provisions of the law on management of construction investment costs corresponding to each phase and the timing of project implementation.

2. Management of construction investment costs for a project, in addition to the provisions in Clause 1 of this Article, is decided by the investment decision-maker, the investor, or carried out in accordance with the regulations on construction investment cost management under this Law.

Article 74. Contents of construction investment cost management

1. Determining, examining, appraising, approving, adjusting the preliminary total construction investment, total construction investment, construction estimates, construction bid package prices, construction contract prices; payment and settlement of construction contracts, payment and settlement of investment capital; project management costs, construction consultancy costs, and other costs.

2. Determining, using, and managing construction norms, construction prices, prices of direct cost elements constituting construction work prices, construction price indices.

3. Rights and responsibilities of state management agencies, investment decision-makers, investors, and construction contractors in management of construction investment costs.

4. The government stipulates detailed regulations on the management of construction investment costs.

Article 75. Preliminary construction investment capital, total construction investment capital

1. The preliminary construction investment capital is the total anticipated construction investment cost of a project based on the scope, scale, investment objectives, preliminary design plan, and the contents of the pre-feasibility study report on construction investment. In the case of preparing an Investment Policy Proposal Report according to the provisions of public investment law, the estimated total investment for Group B and Group C projects shall be determined in the same way as the preliminary construction investment capital.

2. The total construction investment is the entire estimated cost from the project preparation stage to the construction completion stage, including compensation, support, and resettlement costs (if any); construction costs; equipment costs (if any); project management costs; construction consulting costs; other costs and contingency costs. The approved total construction investment is the maximum cost that the investor is allowed to use to carry out the project.

The total construction investment is used as the basis for calculating and determining investment efficiency, project feasibility, and as a reference for capital management. The total construction investment is determined in accordance with the construction design and the contents in the Feasibility Study Report or the Economic-Technical Report for projects that only require drafting an Economic-Technical Report.

3. The determination of cost items in the total construction investment is carried out as follows:

a) The cost items in the total construction investment are determined based on the design and the necessary requirements of the project; by referring to and using the construction price system, equipment prices, construction price indices published by competent state management agencies, or market prices, prices from manufacturers or suppliers, or calculated from cost data of similar domestic projects that have been or are being implemented, as well as regulations and guidelines on cost determination;

b) In case there is insufficient basis to determine costs according to prices or cost data specified in point a of this clause, the prices and cost data of projects that have been or are being implemented abroad may be referred to and used to determine the costs.

4. For projects divided into sub-projects, the determination of the total investment of the sub-projects shall be carried out in accordance with the provisions of Clauses 2 and 3 of this Article. In the case of dividing sub-projects during the preparation of the Feasibility Study Report or the Economic-Technical Report, the total construction investment of the project is aggregated based on the total construction investment of the sub-projects and other necessary costs of the project.

5. The preliminary adjustment and the adjustment of total construction investment shall be conducted as follows:

a) The preliminary total construction investment is adjusted in the case of adjusting the investment policy according to the provisions of law that leads to a change in the approved preliminary total construction investment;

b) The total construction investment is adjusted in the case of adjusting the investment project according to the provisions of law that leads to a change in the approved total construction investment.

Article 76. Construction Estimate

1. A construction estimate is the projected cost for constructing a work, executing a contract package, or carrying out construction work.

2. Construction estimate of a work:

a) The construction estimate of a work is the total anticipated cost to implement the construction investment of the work, determined based on the detailed construction design after the project has been approved. The construction estimate of a work includes construction costs, equipment (if any), project management, construction consultancy, other costs, and contingency costs;

b) Construction estimates are determined based on design requirements; referencing and using the construction price system, equipment prices, construction price indices published by competent state management agencies, or market prices, manufacturer or supplier prices, or calculated from cost data of similar domestic projects that have been completed or are being implemented, as well as regulations and guidelines on cost determination;

c) In cases where there is insufficient basis to determine estimates according to prices and cost data stipulated in point b of this clause, prices and cost data from projects that have been completed or are being implemented abroad may be referenced and used to determine the estimates.

3. Construction package estimates:

a) The construction package estimate is the total anticipated cost of the package to carry out one or several construction activities belonging to the stages according to the investment sequence of the project, in line with the content, scope, nature, characteristics, and specific conditions of the package;

b) The construction package estimate is determined based on one or several grounds, including the preliminary total construction investment, total construction investment, project construction estimate, detailed construction design after the project is approved, outline, and work tasks. In cases where the construction package estimate is determined based on detailed construction design after the project is approved, tools on pricing, cost data, and regulations and guidelines on cost determination may be used and referred to in accordance with points b and c of clause 2 of this Article.

4. The construction work estimate is the total anticipated cost in advance to carry out one or several tasks in construction activities belonging to the stages according to the investment sequence of the project, in accordance with the content, scope, nature, and characteristics of each task.

5. Based on the specific conditions of the project, the investor decides on the preparation of the construction estimate according to the construction project estimate or the construction package estimate or the construction work estimate.

6. The construction estimate of the public investment project is used as a basis for determining the package price, selecting contractors, and negotiating and concluding construction contracts.

7. The approved construction estimate is adjusted in case of project adjustment, adjustment of the total investment, adjustment of construction design, and other cases as prescribed by the Government. The adjusted construction estimate is appraised and approved according to regulations.

Article 77. Construction norms

1. The system of construction norms includes economic-technical norms and cost norms. The economic-technical norms include base norms and estimate norms.

2. The construction norm system is developed and promulgated by the state management agency; it is regularly reviewed and updated periodically.

3. For construction work using new construction technologies or new materials not specified in the norm system referred to in clause 2 of this Article, the investors of public investment projects are responsible for organizing surveys and providing data as required by the state management agency.

4. Other agencies and organizations are encouraged to develop cost norms and submit them to the agency that promulgates the norms referred to in clause 2 of this Article.

5. The construction norm system prescribed in Clause 2 of this Article is applied to public investment projects. In case norms are not available or are not suitable, they shall be organized for development, application, adjustment of norms, or use of construction prices according to the provisions of Article 78 of this Law to determine construction estimates, total construction investment, and construction investment cost management.

6. For projects not specified in Clause 5 of this Article, the construction norm system prescribed in Clause 2 of this Article shall be referenced to determine construction prices, construction estimates, total construction investment, and construction investment cost management.

Article 78. Construction prices, prices of direct cost elements forming construction work prices, construction price indices

1. Construction prices include prices of construction works, prices of groups of construction works, prices of components, structural unit prices of works, cost rates, and construction investment capital rates.

Construction costs are determined based on one or several of the following bases: market prices; prices, cost data of completed or ongoing contracts, works, or projects; the system of construction norms and prices of cost elements specified in Clause 2 of this Article.

Depending on the specific conditions of the project or work, construction prices are selected as the basis for determining the total investment in construction and construction estimates.

2. The prices of direct cost elements that constitute the price of construction work are the prices of materials, labor, machinery shifts, and construction equipment.

3. The construction price index is an indicator reflecting the level of fluctuations over time of construction investment costs (by type of work, cost structure), and the prices of cost elements specified in Clause 2 of this Article serve as the basis for preliminarily determining and adjusting the total investment, total construction investment, construction estimates, construction contract prices, and managing construction investment costs.

Article 79. Payment and settlement of investment capital for construction investment projects

1. The payment and settlement of investment capital for construction investment projects shall be carried out in accordance with the provisions of this Law, the provisions of the law on state budget, the law on public investment, and other relevant legal provisions.

2. Construction projects and works, after completion, must be inspected, handed over for exploitation and use, or if the investment policy is stopped or the project is temporarily suspended or canceled according to the document of the competent authority, the settlement of construction investment capital must be carried out.

Section 2. CONSTRUCTION CONTRACT

Article 80. General provisions on construction contracts

1. A construction contract is a written agreement between the contractor and the contractee regarding the establishment, modification, or termination of civil rights and obligations to perform tasks in construction activities.

2. The signing and execution of a construction contract must comply with the provisions of this Law, the provisions of civil law, and other relevant legal regulations. In addition, for public investment projects and PPP projects, when signing a construction contract, the parties must also meet the following principles:

a) Ensure sufficient resources to fulfill the obligations under the construction contract;

b) Complete the contractor selection and conclude the construction contract negotiation process (if any);

c) In the case that the contractor is a joint venture, a joint venture agreement must be in place. The signing of the construction contract must be carried out by all members of the joint venture, except where the parties agree otherwise.

3. The language used in the construction contract is Vietnamese. In cases where the construction contract involves a foreign party, the languages used are Vietnamese and any other language agreed upon by the parties. The priority order of the languages used in the construction contract is agreed upon by the parties; if the parties do not agree, Vietnamese is given priority.

Article 81. Validity and legal effect of the construction contract

1. A construction contract is valid when it meets all conditions under civil law regarding the validity of civil transactions, and the parties must have the full conditions and capacity as stipulated by this Law.

2. A valid construction contract serves as a legal basis for the parties to perform and resolve disputes. Disputes not agreed upon by the parties in the construction contract shall be resolved based on this Law, civil law, and other relevant legal regulations.

3. When performing functions and duties as prescribed, state management agencies, inspection, examination, auditing, payment organizations, lending organizations, and other relevant agencies must respect legally concluded and effective construction contracts; they must not infringe upon the legitimate rights and interests of the parties participating in the construction contract.

4. A legally concluded construction contract takes effect from the time of conclusion or another time agreed upon by the parties; in the case where the construction contract is notarized, the effective date of the construction contract is carried out in accordance with the provisions of the law on notarization. From the time the construction contract takes effect, the parties must exercise their rights and obligations to each other according to the commitments. The construction contract may be amended or terminated by agreement of the parties or according to the provisions of law.

Article 82. Classification, content, and documentation of construction contracts

1. According to the nature and content of the work performed, construction contracts include the following types:

a) Construction consulting contract;

b) Construction implementation contract;

c) Contract for supplying materials and equipment to be installed in the construction work;

d) Design - supply of materials and equipment for installation in the construction work contract;

e) Design - construction implementation contract;

f) Supply of materials and equipment - construction implementation contract;

g) Design - supply of materials and equipment - construction implementation contract;

h) Turnkey contract;

i) Other construction contracts.

2. According to the contract price form, construction contracts have the following types:

a) Lump-sum contract;

b) Fixed unit price contract;

c) Adjustable unit price contract;

d) Time-based contract;

e) Cost-plus contract;

f) Output-based contract;

g) Percentage-based contracts;

h) Mixed contracts;

i) Other construction contracts.

3. Construction contracts can also be classified according to other criteria.

4. The content of a construction contract depends on the scale, nature, and complexity of the tasks in the construction contract. A construction contract may include the following contents:

a) Applicable legal grounds;

b) Applicable law and language;

c) Content and volume of work;

d) Requirements for quality, technical standards, acceptance, and handover;

dd) Duration and schedule for performing the construction contract;

e) Contract price, advance payments, payment, settlement, currency used in payment, and liquidation of the construction contract;

g) Guarantees for fulfilling obligations in the construction contract by the parties;

h) Amendments to the construction contract;

i) Rights and obligations of the parties;

k) Liability for breach of the construction contract, rewards, and penalties for breach of the construction contract;

l) Suspension and termination of the construction contract;

m) Resolution of construction contract disputes;

n) Risks, force majeure events, and fundamental changed circumstances;

o) Other contents.

5. The construction contract file includes the construction contract, contract appendices, and documents attached to the construction contract. The order of priority for applying documents in the construction contract file is agreed upon by the parties; if the parties do not agree, the order of priority is determined as follows:

a) Construction contract agreement (if any);

b) Notice of winning the bid or bid appointment;

c) Bid submission;

d) Specific conditions of the construction contract or reference clauses for the construction consultancy contract;

đ) General conditions of the construction contract;

e) Bidding documents or request documents from the employer;

g) Design drawings and technical instructions;

h) Bid documents or proposal documents from the contractor;

i) Minutes of contract negotiations, contract amendments, supplements to the construction contract;

k) Annexes to the construction contract;

l) Other relevant documents.

Article 83. Guarantee for the performance of obligations under the construction contract

1. The parties may agree to establish measures to ensure the performance of their obligations under the concluded construction contract; in case of an agreement, the parties are obliged to apply the measures until the obligations of the construction contract are fulfilled or are returned according to the agreement. The rights and obligations of the parties in the relationship of securing the performance of obligations under the construction contract must comply with the provisions of this Law, the provisions of civil law, and other relevant legal provisions.

2. The contracting party has the right to request the contractor to provide measures to guarantee the performance of the construction contract; the contractor must ensure the performance of the construction contract in accordance with the agreement of the parties. The contracting party has the right to handle the secured assets or request the guarantor to fulfill the guarantee obligations or request the credit institution where the deposit was made to fulfill the payment obligations in the event that the contractor violates the construction contract obligations according to the parties' agreement, leading to compromised safety, quality, progress, or refusal to perform the construction contract.

3. The contractor has the right to request the client to prove sufficient financial capacity to perform the construction contract or to have measures to ensure the payment obligations, except for construction contracts in public investment projects. The contractor has the right to handle collateral assets or request the guarantor to perform the guarantee obligations or request the credit institution where the deposit is made to fulfill the payment obligations in case the client violates the payment obligations under the construction contract. The client must prove sufficient financial capacity to perform the construction contract or have measures to ensure the payment obligations according to the parties' agreement.

4. The Government shall provide detailed regulations on the measures and levels of guarantee for the performance of obligations in construction contracts for public investment projects and PPP projects.

Article 84. Amendment of construction contracts

1. Amendment of a construction contract includes adjustments concerning quantities, progress, execution time, contract unit price, contract price, and other contents of the contract. Amendments to the construction contract are applied during the validity period of the construction contract and must be made in writing.

2. The parties may agree to amend the construction contract in the following cases:

a) The State changes policies or laws that directly affect the performance of the construction contract;

b) Changes or adjustments to the requirements regarding content, scope of work, technical aspects, product quality, implementation schedule, or advance payment and payment conditions agreed upon by the parties in the construction contract;

c) In case of a force majeure event as provided in Clause 1, Article 13 of this Law;

d) In cases where the circumstances for performing the construction contract fundamentally change as stipulated in Clause 2, Article 13 of this Law;

d) Other cases agreed upon by the parties in accordance with the provisions of this Law and other relevant legal regulations.

3. In addition to the provisions specified in Clauses 1 and 2 of this Article, amendments to construction contracts for public investment projects and PPP projects must also comply with the following provisions:

a) Price adjustments apply to contracts with adjustable unit prices, time-based contracts, mixed contracts, and other construction contracts permitted to adjust unit prices;

b) Unit prices in construction contracts are adjusted according to the content, scope, method, and basis for adjustment agreed upon by the parties in the contract in accordance with the law.

c) When amending a contract changes the contract execution time but does not exceed the approved project execution time, approved adjustments, or exceed the approved contract package price (including contingencies) but does not exceed the approved total investment, approved adjustments, the investor has the right to consider and decide on the contract amendment;

d) In cases of force majeure or fundamental changes in circumstances, the investor may consider and decide to amend the contract based on the principles of not changing the objectives, investment scale, not exceeding the approved total investment, or approved adjustments, ensuring the investment efficiency of the project, and avoiding losses and waste. Contract amendments include changes to the type of contract, contract price form, price adjustment method, data source for contract price adjustment, and other related contents.

4. The Government shall stipulate in detail the methods, content, and procedures for amending construction contracts.

Article 85. Suspension and termination of construction contracts

1. In construction contracts, the parties must agree on cases in which the contract can be suspended, the duration, and the order and procedures for suspending the execution of the construction contract. Suspension of the execution of a construction contract is applied in the following cases:

a) One party seriously violates the construction contract obligations it has committed to;

b) Due to a force majeure event as prescribed in Clause 1, Article 13 of this Law;

c) At the request of a competent state authority;

d) Changes in the law that directly affect the execution of the construction contract.

2. Termination of a construction contract shall be carried out in accordance with civil law provisions on contract termination and in the following cases:

a) When a force majeure event occurs as prescribed in clause 1, Article 13 of this Law, and the parties cannot agree to amend the construction contract because one or more parties are no longer capable or qualified to perform the construction contract, the legal consequences shall be carried out in accordance with the provisions of the law on civil liability when a force majeure event occurs;

b) If the work is suspended for a period exceeding the time limit specified in the construction contract without fault of the other party, the party suffering the breach has the right to choose to terminate the construction contract or unilaterally cease performing the construction contract.

3. The party temporarily suspending or terminating the construction contract must notify the other party in writing in advance, specifying the reason, timing, and accompanying legal consequences, except in cases of force majeure. The party failing to fulfill the notification obligation and causing damage to the other party shall be responsible for compensation in accordance with the provisions of the law.

4. The party temporarily suspending, unilaterally terminating the construction contract, or illegally canceling the construction contract must compensate the other party for damages and perform other obligations in accordance with civil law provisions.

Article 86. Rewards, penalties for the construction contract, compensation for damages due to violations, and resolution of construction contract disputes.

1. Rewards and penalties for violations of the construction contract and compensation for damages must be agreed upon by the parties in the construction contract. The specific reward amount corresponding to the level of proper fulfillment of the construction contract obligations is agreed upon by the parties.

2. Compensation for damages is determined according to actual damages, with pre-determined damage levels corresponding to the construction contract obligations that are violated and the severity of the violation.

3. For construction works in public investment projects and PPP projects, the construction contract penalty shall not exceed 12% of the value of the violated portion of the construction contract. In addition to the penalty agreed upon, the violating party must also compensate for damages according to the agreement in the construction contract to the other party or a third party (if any) in accordance with the provisions of this Law and other relevant legal regulations.

4. In the case that one party breaches the construction contract due to the actions of a third party, the breaching party must bear responsibility for the breach of the construction contract towards the other party. Disputes between the breaching party and the third party are resolved according to the provisions of the law.

5. Methods of resolving construction contract disputes:

a) Dispute resolution shall be carried out through negotiation, conciliation, application of dispute resolution models according to international practices, arbitration, or the Court;

b) For public investment projects and PPP projects, in cases where arbitration is used to resolve disputes, domestic arbitration organizations are prioritized; the application of dispute resolution models according to international practices is carried out in accordance with the requirements of international treaties or must be approved by the investment decision-maker and agreed upon by the parties in the construction contract. The dispute resolution costs of the investor (if any) are included in the total investment of the project.

Article 87. Payment, settlement, and liquidation of construction contracts

1. Construction contracts must specifically stipulate the payment, interim payment, settlement, and liquidation of the construction contract. The settlement and liquidation of the construction contract include cases where the construction contract is unilaterally settled and liquidated.

2. Payment of construction contracts:

a) Payment of the construction contract must comply with the type of contract, contract price, and the conditions within the contract. The parties shall agree on the method, timing, documents, and conditions of payment or temporary payment;

b) The contracting party must pay the full amount and on time according to the agreements in the construction contract for each payment to the contractor after deducting advances and retention amounts as agreed in the construction contract, unless the parties have other agreements;

c) The currency used for payment in construction contracts is the Vietnamese Dong; the use of foreign currency for payment must comply with the provisions of the law on foreign exchange management.

3. The contractor is responsible for finalizing the construction contract with the employer in accordance with the type of contract, contract price, and within the contract finalization period agreed upon by the parties. The content and documents for finalizing the construction contract must comply with the agreement in the construction contract.

4. The procedures, deadlines, and forms for liquidating the construction contract upon termination of the construction contract under the provisions of Clause 2, Article 85 of this Law are agreed by the parties.

5. In case one party does not carry out the finalization or liquidation of the construction contract according to the agreement in the construction contract, the other party has the right to finalize and liquidate the construction contract on its own.

Chapter VI. CONDITIONS FOR CONSTRUCTION OPERATION CAPACITY

Article 88. Competence of organizations and individuals in construction activities

Amended and supplemented provisions:

1. Individuals holding positions in construction activities must have a corresponding construction practice certificate in accordance with the provisions of this Law, including project managers, persons in charge of urban and rural planning design; construction survey managers; persons in charge or leading design, and design appraisal; construction supervisors; persons leading the determination, appraisal, and management of construction investment costs. Practice certificates are classified into Grade I, Grade II, and Grade III.

Amended and supplemented provisions:

2. Individuals holding the position of chief site manager, leading construction inspection, or director managing construction investment projects must meet the conditions of competence and professional experience.

3. Contractors who are foreign organizations or individuals operating construction in Vietnam must comply with Vietnamese law and obtain an operation license issued by the state management agency on construction.

4. Organizations and individuals practicing architecture shall comply with the provisions of the law on architecture.

5. Investors are responsible for selecting organizations and individuals participating in construction activities chosen by themselves.

6. Organizations participating in construction activities shall publicly disclose information about their construction capability on the electronic information portal of the Ministry of Construction. The information about an organization's capability that is publicly disclosed serves as a reference for investors when selecting contractors.

7. The Government shall specify in detail the conditions of capacity and experience of individuals participating in construction activities; stipulate the authority, procedures, and processes for granting and revoking construction practice certificates; stipulate the conditions, authority, procedures, and processes for granting and revoking construction operation licenses for contractors that are foreign organizations or individuals; the content for public disclosure of the construction activity capacity of organizations; and the posting of practice experience of individuals in construction activities on the Information System and the National Database on Construction Activities.

Article 89. Conditions for granting construction practice certificates

Individuals being granted construction practice certificates must meet the following conditions:

1. Having professional qualifications suitable for the content for which the practice certificate is requested;

2. Having the time and experience participating in work suitable for the content for which the practice certificate is requested.

Article 90. Conditions of individuals practicing independently

Individuals practicing independently in construction-related fields, including construction surveying; design, verification of construction design; construction supervision; determination, verification, and management of construction investment costs, must have a professional practice certificate and competence suitable for the work performed.

Chapter VII. STATE MANAGEMENT OF CONSTRUCTION

Article 91. Contents of State management of construction

1. Develop and direct the implementation of strategies, projects, and plans for the development of construction activities.

2. Issue and organize the implementation of legal normative documents on construction; disseminate knowledge and laws on construction.

3. Develop and issue standards, technical regulations on construction; develop, issue, and announce construction norms, construction prices, construction price indexes, and prices of direct cost factors forming the cost of construction tasks.

4. Develop and manage the information system and national database on construction activities, and store construction project records.

5. Guide, inspect, and evaluate the implementation of construction investment project management; management of construction project quality; management of construction investment costs and construction contracts; management of construction capacity; management of occupational safety and hygiene, and environmental protection in construction works.

6. Manage the issuance and revocation of permits, certificates, accreditations, and other administrative procedure results in construction activities, and management of construction order.

7. Inspect, supervise, resolve complaints and denunciations, and handle violations in construction activities.

8. Organize research and apply science and technology.

9. Train human resources participating in construction activities.

10. International cooperation in the field of construction activities.

Article 92. Responsibilities for State Management of Construction

1. The Government shall uniformly manage the state management of construction nationwide; define the tasks and powers for Ministries, branches, localities, and specialized construction management Ministries in state management of construction.

2. The Ministry of Construction assists the Government in implementing uniform state management of construction. Specialized construction management Ministries, within the scope of their powers, shall coordinate with the Ministry of Construction to carry out state management of construction.

3. The Ministry of National Defense and the Ministry of Public Security shall manage construction order and decentralize the management of construction order for construction works in areas of land used for national defense and security purposes in accordance with the provisions of the land law, state secret works, urgent and emergency works serving national defense and security; develop and promulgate cost norms, construction prices that have not been issued and published by competent state management agencies, or have been issued and published but are not suitable for the characteristics of construction works serving national defense and security; perform state management according to other assigned tasks and powers.

4. The provincial People's Committee shall implement state management of construction in the locality in accordance with the provisions of the law.

Chapter VIII. ENFORCEMENT PROVISIONS

Article 93. Amend, supplement, and abolish certain articles, clauses, and points of laws related to construction activities.

1. Amend, supplement, and repeal certain articles and clauses of the Public Investment Law No. 58/2024/QH15, which has been amended and supplemented in some articles according to Law No. 90/2025/QH15, as follows:

a) Amend and supplement Clause 1, Article 34 as follows:

"1. Pre-feasibility study reports for national key projects and Group A projects with construction components shall include the following contents:

a) Preliminary design according to construction law;

b) Contents as prescribed in Clause 2 of this Article.";

b) Amend and supplement Clause 3 of Article 43 as follows:

"3. The order of preparation, appraisal, investment decision, and project adjustment for projects with construction components shall be carried out in accordance with the provisions of construction law and other relevant legal regulations.";

c) Abolish point d, Clause 2, Article 38.

2. Amend and supplement certain points of Clause 1, Article 17 of the Law on Fire Prevention, Fighting, and Rescue No. 55/2024/QH15, as amended and supplemented by some provisions of Law No. 118/2025/QH15, as follows:

a) Amend and supplement point b as follows:"

“b) The specialized construction agency organizes the appraisal of the contents prescribed in points a, b, c, d, and đ of Clause 1, Article 16 of this Law for projects that are required to be appraised for fire prevention and fighting design when appraising the Feasibility Study Report for construction investment projects in accordance with construction law regulations;”

b) Replace the phrase “construction design implemented after basic design” with the phrase “construction design implemented after the project is approved” in points d and đ.

3. Abolish Clause 1, Article 79 of the Electricity Law No. 61/2024/QH15 as amended and supplemented by some provisions under the Law No. 116/2025/QH15.

4. Abolish Clause 1, Article 56 of the Railway Law No. 95/2025/QH15 as amended and supplemented by some provisions under the Law No. 112/2025/QH15.

Article 94. Effectiveness

1. This Law shall take effect from July 1, 2026, except for the cases stipulated in Clause 2 of this Article.

2. Clause 2, Clause 3 of Article 43, Article 71, and Clauses 3, 4, 5 of Article 95 of this Law shall take effect from January 1, 2026.

3. Construction Law No. 50/2014/QH13 has been amended and supplemented with certain articles according to Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14, Law No. 62/2020/QH14, Law No. 45/2024/QH15, Law No. 47/2024/QH15, Law No. 55/2024/QH15, Law No. 61/2024/QH15, Law No. 84/2025/QH15, Law No. 93/2025/QH15 and Law No. 95/2025/QH15 (hereinafter referred to as Construction Law No. 50/2014/QH13) and shall cease to be effective from the effective date of this Law.

4. The Government shall detail the contents stipulated in Clause 1, Article 6; Article 7; Article 8; Article 11; Article 16; Point a, Clause 1, Article 18; Article 19; Article 21; Article 22; Clause 3, Article 23; Article 32; Article 42; Article 47; Clause 1, Article 48; Article 49; Article 51; Article 54; Article 55; Article 58; Article 64; Article 65; Article 67; Article 68; Article 79; Article 82; Article 85; Article 87 and guide the implementation of this Law.

Article 95. Transitional Provisions

1. Investment projects for construction and construction design that were approved before July 1, 2026, do not need to be approved again; subsequent activities that have not yet been carried out shall comply with the provisions of this Law.

2. Construction works that have been appraised by the specialized construction authorities after the basic design according to the provisions of Construction Law No. 50/2014/QH13, in the case of adjusting this design, are not required to be appraised again by the specialized construction authorities.

3. Construction works that have been granted a construction permit in accordance with the provisions of the Construction Law No. 50/2014/QH13 and fall under the category exempt from construction permits under this Law, but have adjustments to the construction design, do not need to adjust the construction permit.

Construction works that fall under the category exempt from construction permits under the provisions of Construction Law No. 50/2014/QH13 and meet the conditions to start construction before January 1, 2026, shall continue to be exempt from construction permits according to regulations.

4. Construction works that have been notified by specialized construction authorities about the results of the design appraisal after the basic design, meeting the conditions for approving the construction design and satisfying the conditions for issuing a construction permit according to the provisions of Construction Law No. 50/2014/QH13, shall be exempt from a construction permit.

5. Projects that have been granted a construction permit before January 1, 2026, and whose feasibility study reports for adjustments have been appraised by the specialized construction authority and approved according to regulations, do not need to adjust the construction permit. Projects whose adjusted feasibility study reports have been appraised by the specialized construction authority under the provisions of Construction Law No. 50/2014/QH13 and have been approved according to regulations are exempt from a construction permit.

6. Investment construction project management boards established before July 1, 2026, do not have to change the form of project management organization according to the provisions of this Law.

7. Construction contracts signed before July 1, 2026, shall be implemented in accordance with the provisions of the Construction Law No. 50/2014/QH13 and shall apply the provisions of this Law in the event of force majeure or a fundamental change of circumstances. From the effective date of this Law, for construction contracts that are under negotiation, discussion, or completion, and have not yet been concluded, the parties may agree to apply the provisions of this Law based on the principle of ensuring consistency with the contractor selection process (if any) and not contrary to other relevant legal provisions.

8. Construction works that started before July 1, 2026, are subject to acceptance inspection according to the provisions of the Construction Law No. 50/2014/QH13 but are not subject to acceptance inspection according to the provisions of this Law, shall not undergo acceptance inspection. The investor is responsible for organizing quality management, construction management, acceptance of project completion, handover for operation and use according to regulations, and is responsible for the results of their acceptance.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 15th Legislature, 10th Session, on December 10, 2025.

CHAIRMAN OF THE NATIONAL ASSEMBLY

Tran Thanh Man