Decree 217/2026/NĐ-CP – guiding the Construction Law on construction activity management

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Construction Law No. 135/2025/QH15;

At the proposal of the Minister of Construction;

The Government issues a Decree detailing several articles of the Construction Law on the management of construction activities.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details several articles of the Construction Law No. 135/2025/QH15 (hereinafter referred to as the Construction Law 2025), including:

1. Clause 19, Article 3 on specialized construction agencies.

2. Article 7 on standards, technical regulations, and the application of building information modeling in construction activities.

3. Clause 1 of Article 9 on the conditions for being the investor of agencies or organizations assigned.

4. Article 11 on incentive policies in construction activities (except for the provisions specified in the Decree on the management of construction materials).

5. Article 16 on the procedures for construction investment.

6. Clause 4 of Article 17 on construction investment projects classified by purpose, service function, and classification for managing construction activities for projects using official development assistance capital or preferential loans from foreign donors.

7. Point a, Clause 1 of Article 18 on planning used as a basis for project preparation.

8. Article 19 on construction design.

9. Article 21 on construction surveying.

10. Article 22 on requirements for construction surveying.

11. Point b, Clause 2 of Article 23 on small-scale construction investment projects or those with simple technical characteristics.

12. Clause 3 of Article 23 regarding works that are not required to prepare a Feasibility Study Report or an Economic - Technical Report.

13. Point c, Clause 1 of Article 27 regarding projects with a large scale or projects with works that have a significant impact on safety and community interests.

14. Clause 5, Article 28 on the preparation, appraisal, approval, and adjustment of construction investment projects.

15. Clause 2, Article 30 on the appraisal content for construction works under PPP projects and business investment projects.

16. Clause 3, Article 31 on the preparation, appraisal, approval, and adjustment of construction designs implemented after the project is approved.

17. Article 32 on the form of organization for managing construction investment projects.

18. Clause 3, Article 44 on conditions, authority, dossiers, procedures, and formalities for issuing, adjusting, extending, re-issuing, revoking, canceling, and disclosing construction permits.

19. Article 47 on the management of construction order.

20. Article 68 on the investment projects for special construction works.

21. Clause 2, Article 70 on the order of implementation for urgent construction works.

Article 2. Subjects of application

This decree applies to:

1. Agencies, organizations, and individuals participating in construction activities on the territory of Vietnam.

2. The investor decision-maker, project owner, project preparation agency, and investment construction project management board.

3. Specialized construction agency, specialized agency under the investor decision-maker.

4. State management agencies related to construction activities.

Article 3. Interpretation of terms

In this Decree, the following terms are understood as follows:

1. The main works of the investment construction project are the works whose functions and scale determine the objectives and investment scale of the project.

2. Works that have a significant impact on safety and community benefits are works listed in the appendix IV issued together with this Decree.

3. Line construction works are works built along a route within one or more administrative areas, such as: roads; railways; inland waterway channels; maritime channels; cable car lines; power transmission lines; telecommunications peripheral cable networks, passive telecommunications infrastructure works; oil pipelines, gas pipelines, water supply and drainage pipelines; technical trenches, technical corridors; headworks of irrigation and hydropower works; water diversion and transfer systems; dikes, embankments, and other similar works.

4. Central agencies are the central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, the State Audit, the Central Office of the Party, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, central agencies of the Vietnam Fatherland Front and of socio-political organizations.

5. The agency preparing the project is the investor or the agency, organization, or individual assigned by the investment decision-maker or competent authority to prepare the project in cases where the investor has not yet been determined.

6. The project implementation period is the period specified in the decision approving the construction investment project, from the time of the investment decision to the time of completion, handover, and commissioning of the project's works.

Article 4. Construction investment procedure

1. The construction investment procedure of the project according to the provisions of Clause 1, Article 16 of the 2025 Construction Law is specifically regulated as follows:

a) The project preparation phase includes the following tasks: preparing and appraising the pre-feasibility study report for construction investment (hereinafter referred to as the pre-feasibility study report) or the investment policy proposal report (if any); preparing proposals for programs and projects using official development assistance (ODA) capital or foreign preferential loans (if any); preparing, appraising, and approving planning as a basis for project preparation (if any); conducting construction surveys to serve project preparation; preparing and appraising the feasibility study report for construction investment (hereinafter referred to as the feasibility study report) or the construction investment economic-technical report (hereinafter referred to as the economic-technical report); approving the project, making construction investment decisions; advance payment and settlement for completed work; tasks permitted to be performed in advance under the law and other necessary tasks related to project preparation.

b) The project implementation phase includes the following tasks: site preparation for construction, mine clearance (if any); construction survey to serve construction design after the project is approved; preparation, appraisal, and approval of the construction design after the project is approved, construction cost estimation; issuance of construction permits (for works required to have construction permits); signing construction contracts; construction of the works; construction supervision; advance payment and payment of completed quantities; operation and trial run; acceptance of the completed construction works; handover of works for use; settlement of construction contracts; other necessary tasks related to project implementation;

c) The final stage of construction includes the following tasks: settlement of the construction contract (if any), settlement of construction investment capital; warranty of the construction works, handover of related documents; other necessary tasks related to the project.

2. The investment procedure for urgent, emergency, temporary works projects, and special public investment projects shall be carried out in accordance with the provisions of Articles 69, 70, 71, and 72 of this Decree; other contents shall be carried out in accordance with the provisions of this Decree and relevant laws.

3. The investment procedure for PPP projects shall be carried out in accordance with the provisions of the law on investment under the public-private partnership mode.

4. For projects implemented in the form of turnkey contracts, the investment procedure shall be carried out in accordance with the investment policy (if any) and the content stipulated in the contract.

5. For projects not specified in clauses 2, 3, and 4 of this Article, depending on the specific conditions and technical requirements of the project, the investment decision-maker shall decide the sequence of implementing sequentially or simultaneously the tasks specified in points b and c of clause 1 of this Article, in accordance with the contents in the project approval decision.

Article 5. Classification of construction investment projects

1. Construction investment projects are classified according to the provisions of Article 17 of the 2025 Construction Law.

2. According to purpose and service function, construction investment projects are classified under the provisions in Annex III issued together with this Decree.

3. For projects using ODA capital or foreign concessional loans, implementation shall follow the provisions of this Decree and the laws on the management and use of ODA capital and foreign concessional loans; in cases where there are different regulations on the same issue, priority shall be given to the application of the laws on the management and use of ODA capital and foreign concessional loans.

4. The classification for managing construction activities for projects using ODA capital or foreign concessional loans according to the laws on the management and use of ODA capital and foreign concessional loans in this Decree shall be carried out as follows:

(a) Projects that are expenditures of the central budget, projects that are expenditures of the local budget using ODA capital or foreign concessional loans shall be implemented in accordance with the provisions for public investment projects specified in point a, clause 1, Article 17 of the 2025 Construction Law;

b) Projects under the expenditure tasks of the local budget using ODA capital and concessional foreign loans as the state capital contribution in public-private partnership (PPP) projects in accordance with the regulations for PPP projects specified in point b, clause 1, Article 17 of the 2025 Construction Law;

c) Projects carried out by enterprises using ODA capital and concessional foreign loans in accordance with the regulations for business investment projects specified in point d, clause 1, Article 17 of the 2025 Construction Law.

5. Projects specified in point c, clause 1, Article 17 of the 2025 Construction Law shall be implemented in accordance with the regulations for public investment projects under this Decree.

Article 6. Assignment of investors and conditions for agencies, organizations assigned as investors

1. Agencies and organizations assigned as investors by the decision-maker either before or at the time of deciding the investment.

2. For public investment projects, the investment decision maker assigns the Project Management Board directly under the investment construction project to act as the investor; in cases where there is no Project Management Board directly under the investment construction project, or there is one but at the time of assignment the Board does not have sufficient capacity to implement, the investment decision maker assigns another agency or organization to act as the investor when meeting one of the following conditions:

a) Having individuals to perform the task of managing and using public investment capital for construction investment; having individuals with appropriate expertise in construction design or construction supervision or project management for construction investment or construction execution according to the Government's regulations on construction activity capability conditions;

b) Having previously acted as the investor in a public investment project.

3. For public investment projects serving the purposes of maintenance, repair, renovation, upgrading, and expansion of construction works, the investment decision-maker shall assign the agency or organization managing and using the works as the investor when that agency or organization meets one of the conditions prescribed in Clause 2 of this Article.

4. The agency or organization assigned as the investor is allowed to sign contracts for performing tasks and labor contracts in accordance with regulations for individuals with appropriate expertise to participate in organizing the management and implementation of the project.

Article 7. Principles for performing administrative procedures

1. Organizations and individuals requesting the resolution of administrative procedures must provide information and data on the dossiers for performing administrative procedures as prescribed and shall be legally responsible for the legality, accuracy, and truthfulness of the contents of the dossiers and documents sent to the competent authority.

2. Electronic records in the implementation of administrative procedures must use structured data formats, meeting requirements for spatial data and coordinate systems to ensure the ability to read, exploit, store, share, connect, and interoperate data to serve management, administrative procedure resolution, and operations in a digital environment.

3. Administrative procedure agencies shall not require the provision of documents or information available in the national databases on construction activities, land information systems, and other relevant national databases when this information and data have already been updated or connected for sharing.

4. When performing and after completing the administrative procedure, the agency carrying out the administrative procedure, the agency preparing the project are responsible for providing information and data to the Information System and the National Database on construction activities in accordance with the regulations of the Minister of Construction on the Information System and the National Database on construction activities.

5. Agencies and persons with authority to handle administrative procedures are only responsible for the content of the resolution of administrative procedures within their legal authority, and are not responsible for the implementation process, content, or results of legal documents that have been approved, appraised, or resolved by other competent agencies or persons; they are not responsible for the fact that investors, project owners, or related agencies carry out subsequent steps incorrectly with respect to the content and requirements stated in the results of the administrative procedures.

Article 8. Application of Building Information Modeling (BIM) in construction activities and digital technology solutions

1. The application of BIM in construction activities is regulated as follows:

a) For new construction works of grade II and above, BIM shall be applied from the stage of preparing the Feasibility Study Report or the Economic-Technical Report. The investment decision-maker decides not to apply BIM for linear construction projects, construction projects in areas with special characteristics, or projects requiring state secrecy to ensure feasibility and suitability with the actual implementation conditions of the project;

b) For works not falling under the provisions specified in point a of this clause, investors are encouraged to proactively apply BIM in construction investment and provide BIM files as stipulated in clause 3 and point đ of clause 5 of this Article.

2. The scope, implementation content, and necessary information requirements of BIM for projects applying BIM shall be carried out according to the agreement stated in the contract of the relevant parties at each stage of the project.

3. For the works specified in point a, clause 1 of this Article, in addition to the documents submitted for appraisal according to the provisions of this Decree, the investor and project preparation agency are responsible for submitting the BIM data of the works to the specialized construction authority according to the following regulations:

a) BIM data must be submitted in standard open IFC formats or other open formats suitable for the characteristics and nature of the works;

b) The competent authority may require the investor or project preparation agency to submit the original format for comparison. The original data format must ensure originality, preserving all parameters, object structures, and model attributes.

c) The BIM data submitted to the specialized construction authority must contain information showing the location and three-dimensional shape of the construction project, including full dimensions of the main parts of the project, and the connection plan of technical infrastructure inside and outside the project. In cases where higher-level management is required, the BIM data content shall be carried out according to the guidelines of the Ministry of Construction.

4. BIM data is a digital resource created, managed, and utilized during the implementation of construction investment projects. For projects of grade I or higher under public investment that apply BIM as stipulated in point a, clause 1 of this Article, the investor is responsible for establishing, managing, and operating a Common Data Environment (CDE) to manage, store, share, and control project information. The BIM model approved and issued by the investor on the Common Data Environment (CDE) is used as a reference basis for verification, inspection, and clarification of technical contents.

For other project grades, investors are encouraged to proactively establish, manage, and operate a Common Data Environment (CDE) to manage, store, share, and control project information.

5. The use of BIM models to support state management of construction activities is carried out as follows:

a) The specialized construction management department and the provincial-level People's Committee are responsible for developing and organizing the implementation of the roadmap for transitioning to the use of the BIM model in state management of construction, ensuring it is suitable to actual conditions, organizational implementation capacity, and technical infrastructure;

b) In cases where the state management agency has sufficient technical infrastructure, human resources, and technology systems to fully use the BIM model in management work, the BIM model is used to replace paper design documents and has equivalent legal value; the investor is not required to submit paper design documents for content that has been fully and accurately represented in the model;

c) Specialized construction agencies use BIM data to support appraisal activities and inspection of acceptance work. The use of BIM data for appraisal includes: location, main shape, and dimensions of the construction; architectural and main structural plans; space organization, technical systems; checking compliance with technical regulations and applicable standards; checking technical conflicts and extracting key indicators;

d) The investor is responsible for ensuring the completeness, accuracy, and consistency of the Building Information Model (BIM) data submitted to the specialized construction agency;

d) For projects applying BIM as stipulated in Clause 1 of this Article, after completing the project, the investor shall update the completed BIM model that has been standardized to serve state management work into the National Database on Construction Activities in accordance with the law on Information Systems and the national database on construction activities; at the same time, they shall hand over to the management and operation unit all BIM data to serve the management, operation, and maintenance of the project.

6. The management, exploitation, sharing, and storage of BIM data and information on the Common Data Environment (CDE) must comply with legal regulations on information security, data confidentiality, storage, intellectual property, and other relevant legal provisions. The rights and responsibilities of relevant parties regarding BIM data are defined in contracts and according to legal regulations.

7. The Ministry of Construction provides guidance on the application of BIM in construction activities. If necessary, specialized construction management authorities shall issue decisions guiding the detailed application of BIM according to the project stages under their management. Specialized BIM guidance must be consistent with the general BIM application guidance issued by the Ministry of Construction.

8. Encourage organizations and individuals to research and apply advanced science and technology, information technology, and digital transformation in construction activities to improve management efficiency, project quality, and sustainable resource use.

Article 9. Application of standards in construction activities

1. Standards applied to projects:

a) The investor or the project preparation agency shall hire an experienced organization or assign a design consulting contractor to prepare a list of standards applied to the project;

b) The investment decision-maker shall review and approve the list of standards applied to the project before or upon project approval in accordance with the construction investment procedure, and it shall be reflected in the project approval decision or in a separate written approval.

c) During the project implementation process, the investor decides to update and supplement the list of applicable standards suitable for each design step and implementation phase. In cases where updates are made to replace standards already approved by the investment decision maker or to supplement standards with content that is incompatible with the standards approved by the investment decision maker, the investor is responsible for reporting to the investment decision maker before deciding to update or supplement.

2. The application of international standards, regional standards, and foreign national standards is carried out as follows:

a) Priority is given to using widely applied standards;

b) Ensure compliance with the chosen technology of the project;

c) Provide an explanation of compliance with laws on standards and technical regulations and suitability with the characteristics and actual conditions of the project.

3. The base standards are applied to ensure compliance with the law on standards and technical regulations and include an explanation of compliance with national technical regulations.

Chapter II. MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS

Section 1. CONSTRUCTION SURVEY

Article 10. Procedures for conducting a construction survey

1. Prepare and approve the construction survey task.

2. Prepare and approve the technical plan for the construction survey.

3. Conduct the construction survey.

4. Inspect and approve the results of the construction survey.

Article 11. Construction survey tasks

1. Construction survey tasks are prepared for survey work serving the preparation of construction investment projects, construction design of works, design for repair, renovation, expansion, upgrading of works, or serving other survey work related to construction activities.

2. The investor or the project preparation agency shall organize the preparation or hire organizations, individuals, or assign affiliated organizations or individuals with expertise in construction design or construction surveying to develop the construction survey task.

3. The investor or the project preparation agency is responsible for approving the construction survey task in writing or directly approving it in the construction survey task.

4. The contents of the construction survey task include:

a) Purpose of the construction survey;

b) Scope of the construction survey;

c) Requirements for applying standards and technical regulations on construction surveying;

d) Preliminary quantities of types of construction survey works, construction survey estimate (if any);

e) Timeframe for conducting the construction survey.

5. The construction survey task shall be amended and supplemented in the following cases:

a) During the process of carrying out construction surveys, detect any unusual factors that may directly affect the design solution, or when there is a change in the design task, it is necessary to supplement the construction survey task;

b) During the design process, the design consulting contractor detects that the construction survey task or the Construction Survey Report does not meet design requirements;

c) During the construction process, detect unusual geological factors that do not meet the approved survey task or the approved survey task is inadequate, which may affect the quality of the works and the construction methods of the works.

6. When preparing the construction survey task at the subsequent construction design stage, it is necessary to consider the survey task and survey results already carried out at the previous construction design stage and any relevant construction survey results carried out previously (if any).

Article 12. Technical Survey Plan for Construction

1. The construction survey contractor shall develop a technical survey plan suitable for the approved construction survey task.

2. Contents of the construction technical survey plan:

a) Basis for developing the construction technical survey plan;

b) Composition and volume of construction survey work;

c) Survey methods, equipment, and laboratories to be used;

d) Technical regulations and standards applied to the construction survey;

đ) Organization of implementation and quality control measures of the construction survey contractor;

e) Implementation schedule;

g) Measures to ensure safety for people, equipment, technical infrastructure works, and other construction works in the survey area; measures to protect the environment, preserve the landscape in the survey area, and restore the status after the survey is completed.

3. The investor or the project preparation agency is responsible for inspecting or hiring a consulting organization to appraise the technical survey plan for construction and approve it in writing or approve it directly in the construction survey technical plan dossier according to the provisions of the construction contract.

Article 13. Management of construction survey work

1. The construction survey contractor is responsible for arranging enough personnel with suitable experience and expertise to conduct the survey in accordance with the contract; appointing a person with sufficient qualifications to serve as the survey chief and organizing the implementation of quality control measures as stipulated in the construction survey technical plan.

2. Depending on the scale and type of survey, the investor may either carry it out themselves or hire an organization or individual with expertise suitable for the type of survey to supervise the construction survey according to the following contents:

a) Check the implementation conditions of the construction survey contractor, including personnel, survey equipment at the site, and laboratory (if any) used compared to the approved construction survey plan and contract provisions;

b) Monitor and check the implementation of the construction survey, including: survey locations, survey quantities, survey execution procedures, retention of survey data and test samples; laboratory tests and field tests; ensuring labor safety and environmental safety during the survey process.

3. The investor or the project preparation agency has the right to suspend surveying work when it is found that the contractor does not follow the approved survey plan or the provisions of the contract.

Article 14. Contents of the construction survey results report

1. Basis for conducting the construction survey.

2. Overview of the location and natural conditions of the construction survey area, characteristics, scale, and nature of the construction works.

3. Applied construction survey standards; construction survey procedures and methods.

4. Quantity of construction survey work performed; results, survey data after testing and analysis.

5. Data analysis, evaluation of survey results; proposals, recommendations on technical solutions for design and construction; other notes or proposals (if any).

6. Conclusions and recommendations.

7. Attached appendices.

Article 15. Approval of the construction survey results report

1. The investor or the project preparation agency is responsible for approving the Construction Survey Report in writing or by directly approving it in the Construction Survey Report. The investor or the project preparation agency may require the design consulting contractor to check the Construction Survey Report in cases where the design consulting contractor is independent of the construction survey contractor, or to hire a consulting organization to check the Construction Survey Report as a basis for approval.

2. The construction survey contractor is fully responsible before the law for the quality of the construction survey they conduct. The approval of the Construction Survey Report by the investor or the project preparation agency does not replace or reduce the responsibility for the quality of the construction survey conducted by the survey contractor.

3. The construction survey report is a component of the project completion dossier and is stored according to regulations.

Section 2. CONSTRUCTION DESIGN

Article 16. General provisions on construction design

1. Construction design includes the types of design stipulated in Clause 2, Article 19 of the 2025 Construction Law.

2. The investor decides the number of construction design steps before or at the time of project approval; in cases assigned by the investor in the project approval decision, the project owner decides the number of construction design steps to implement after the project is approved.

3. The specific construction design steps are as follows:

a) Single-step design is the detailed construction drawing design;

b) Two-step design includes: basic design and construction drawing design; FEED design and construction drawing design; technical design and construction drawing design;

c) Three-step design includes: basic design, technical design, and construction drawing design; basic design, FEED design, and construction drawing design; FEED design, technical design, and construction drawing design;

d) Multi-step design according to international practice.

4. The content of each construction design step must comply with the provisions of construction law and be suitable for the purpose and tasks of construction design set for each design step.

5. The construction design documents corresponding to each type of design must ensure the content prescribed in Articles 19, 20, 21, 22, and 23 of this Decree. For construction designs implemented after the project is approved, the construction design documents include the construction estimate (when required).

6. If a construction project is designed and built in two or more phases, the design for the subsequent phase must comply with the main contents and technical specifications of the design from the previous phase. During the process of preparing the detailed design after the project has been approved or the project has been approved with adjustments, the investor is allowed to decide on changes to certain contents compared to the previous phase's design (determined to be consistent with the previous design phase) in order to meet efficiency and usage requirements when it does not fall under any of the following cases:

a) For construction works along a route: changes in the construction investment scale determined in the Project Approval Decision, except in the case of recalculating accurate data or changes in the main structural solutions of the main works of the project, except for local changes;

b) For the remaining works: there are changes in the scale of construction investment as determined in the Project Approval Decision, except in cases of recalculating data accurately or changes in architectural solutions related to the main functional subdivisions inside the works, or changes in the main structural solutions of works that are projects affecting significantly safety, public interest, or changes in the principle diagram of technical systems in technical infrastructure investment projects.

7. Before approval or before implementing construction design control, the investor is responsible for sending a written report on the content of construction design changes implemented after the project has been approved to the investment decision-maker for acknowledgment and management in the following cases:

a) Changing the parameters and criteria that have been approved by the investor's decision but do not fall under the case of project adjustment;

b) Changing the solutions for using materials for the main structure, changing other factors that affect the construction safety assessment results of works belonging to projects that significantly impact safety and community interests.

8. Regarding the content prescribed in Clause 7 of this Article, in the case where the investment decision-maker has an opinion different from the contents of the construction design changes, they must provide a written opinion within 5 working days from the date of receiving the complete dossier; if the investment decision-maker does not provide an opinion within 5 working days from the date of receiving the complete dossier, the investor shall decide to approve the construction design.

9. Based on management requirements, the specialized construction management ministry shall provide detailed guidance on the contents prescribed in Clauses 6 and 7 of this Article according to the field it is assigned to manage.

10. The investor or the project preparing agency is responsible for organizing the preparation of the construction design, except for construction design steps assigned to the construction contractor to prepare according to the provisions of the construction contract.

Article 17. Construction design tasks

1. The investor or the project preparation agency shall prepare or hire an organization or individual with experience in construction design to develop the construction design assignment.

2. The construction design assignment must comply with the investment policy (if any) and serve as the basis for preparing the construction investment project and developing the construction design. The investor may hire consulting organizations or experts to provide feedback or verify the construction design assignment.

3. The main contents of the construction design assignment include:

a) Basis for preparing the construction design assignment;

b) Objectives of the construction project;

c) Location of the construction project;

d) Requirements for planning to serve as the basis for project preparation, the landscape, and the architecture of the project (if any) for construction design in the Feasibility Study Report or the Economic and Technical Report;

e) Requirements regarding the scale and lifespan of the project, its functions, standards, technology (if any), and other technical requirements for the project;

e) Requirements for technical guidance;

g) Requirements regarding the level and information needs in the project's BIM model.

4. The main content of the FEED design task includes:

a) The contents specified in points a, b, c, d, đ, and g of clause 3 of this Article;

b) Technical requirements for technology options, technological equipment, and other technical requirements;

c) Requirements regarding costs, solution orientation, overall construction plan, and project risk management;

d) Requirements and guidance for preparing detailed construction designs after FEED design, as well as guidance on construction, supervision, and acceptance (hereinafter collectively referred to as FEED design technical guidance).

5. The construction design task is amended and supplemented to meet actual conditions to ensure the effectiveness and usability requirements of the construction investment project.

6. The investor or the agency assigned the task of project preparation shall approve in writing or directly approve in the design task.

Article 18. Specifications of construction design documents

1. Construction design documents are prepared for each work and include design explanations, design drawings, and related documents according to each type of construction design prescribed in this Decree.

2. Construction design drawings must have dimensions, scale, and title blocks presented according to the standards applied in construction activities. Each drawing's title block must include the name and signature of the person directly designing, the person checking the design, the chief designer, and the design manager. In the case where the design consulting contractor is an organization, the drawings must be signed and stamped by the organization as prescribed.

3. Construction design documents must be compiled into a set, listed, numbered, and coded for referencing and long-term preservation.

4. The architectural design documents and the corresponding construction investment cost determination documents in the construction design documents (if any) must comply with the regulations of the laws on architecture and the laws on the management of construction investment costs.

5. In the case that the construction design documents are prepared as electronic documents, they must meet the following requirements:

a) Electronic documents must be digitally signed as prescribed;

b) Electronic records in a format conforming to the provisions of the law on archives;

c) Electronic records compiled into folders including a list of records, record titles, serial numbers, and record symbols ensuring convenience for performing administrative procedures, searching, managing, and long-term storage in an electronic environment. The investor or the project preparation agency is responsible for the accuracy and completeness of electronic records, ensuring the content is in accordance with the provisions in Clause 1, Clause 2 of this Article.

Article 19. Preliminary design content

1. The preliminary design must reflect the initial ideas and overall solutions for the project, sufficient to preliminarily determine the investment scale and technological plan (if any); it is prepared in the Pre-feasibility Study Report or during the project preparation phase as a basis for carrying out the subsequent design steps. The preliminary design includes explanatory notes and drawings.

2. The preliminary design explanation includes contents regarding: the scale and nature of the project; current status, anticipated demand for land use area; compliance with relevant planning, traffic connectivity, connection with regional technical infrastructure; ideas for preliminary design solutions.

3. The preliminary design drawings include: location map, site of the construction land; preliminary general layout of the project; drawings showing the concept of preliminary design solutions for the project's buildings.

4. Preliminary drawings and explanation regarding the technological option (if any).

Article 20. Contents of basic design

1. The basic design to be prepared must meet the objectives of the project, be suitable for the construction works of the project, and ensure synchronization between the works when put into exploitation and use.

2. The basic design explanation includes the following contents:

a) Construction location, project alignment (for linear projects), list and scale, type, and grade of the project;

b) List of technical regulations and main standards applied to the project;

c) Construction survey results for preparing the basic design;

d) Architectural design plan of the project, including: showing indicators for planning, main architecture; main functions of the project;

e) Interior design plan of the project (if any);

f) Content of structural calculation explanation including: loads and impacts, analysis of the selected design solution to ensure project safety and attached calculation sheets (if any);

g) Mechanical and electrical design plan of the project;

h) Technology, technical, and equipment options chosen (if any);

i) Main materials to be used, estimated construction costs for each structure;

k) Options for connecting technical infrastructure inside and outside the structures;

l) Other contents as required by the project.

3. The basic design drawings must show the contents regarding dimensions, technical specifications, and main materials used, including:

a) Overall site plan of the structure or route plan drawings for linear construction projects;

b) Plan, elevation, cross-section of the structure, or drawings according to specialized requirements showing the dimensions and technical specifications of the structure;

c) Interior design solutions of the structure (if any);

d) Main structural design solutions;

d) Technical systems inside and outside the structure;

e) Technology diagrams, process flow drawings for projects with technological requirements;

g) Other drawings as required by the project.

4. The explanatory notes and basic design drawings must present the corresponding information and data in accordance with technical standards and legal regulations on fire prevention, firefighting, and search and rescue (if any).

Article 21. Contents of FEED design

1. FEED design is prepared for projects with technological design to specify requirements for technological solutions, technical parameters of equipment, and main materials used; architectural, interior solutions (if any), structures, technical systems inside and outside the works in compliance with applicable technical standards. FEED design includes design explanatory notes, design drawings, and FEED design technical instructions.

2. The content on structural and foundation calculation explanatory notes (if any) in FEED design is regulated as follows:

a) List of technical regulations, applicable standards, type, and grade of the construction used in the calculations;

b) Loads and impacts, results of calculations of the main load-bearing components of the construction, ensuring structural safety, safety in use, with attached calculation tables.

3. The design drawings must fully present solutions, detailed dimensions, technical specifications of the technological option, drawings of architecture, structure, interior (if any), internal and external technical systems of the construction, specifically: technological process drawings and positions of main equipment systems; floor plans, sections, elevations of the construction or drawings according to specialized requirements; layout plans, cross-sections of structural elements of the construction; floor plans and diagrams of internal and external technical systems; floor plans and layout diagrams of the interior (if any); other related drawings.

4. The explanatory report and design drawings must fully present the information and figures corresponding to the regulations in technical standards and the provisions of the law on fire prevention, firefighting, and search and rescue (if any).

5. Documents related to the overall contractor selection plan, the plan for dividing contract packages, the construction package estimate, the EPC, EC, EP packages (if any).

6. The FEED design technical instructions are prepared in accordance with the provisions of the FEED design task and the provisions of Article 24 of this Decree.

7. In the case that the selected FEED design is the construction design in the Feasibility Study Report, the FEED design content includes the contents specified in Clauses 1, 2, 3, 5, and 6 of this Article and the following contents:

a) Construction location, project alignment (for linear projects), list and scale, type, and grade of the project;

b) Survey results used to develop the FEED design;

c) The main materials plan to be used, estimated construction costs for each facility;

d) Options for connecting technical infrastructure inside and outside the facility;

d) Explanations and construction design drawings must fully present information and data that meet the requirements for fire prevention and fighting as specified in the feasibility study report according to technical standards and legal regulations on fire prevention, firefighting, and rescue (if any);

e) Other necessary design contents as required by the project (if any).

Article 22. Content of technical design

1. The technical design must fully present solutions regarding architecture, structure, technology (if any), interior (if any), and technical systems inside and outside the construction, along with technical specifications and materials used that comply with technical standards and applicable norms. The technical design includes the design explanation, design drawings, and technical instructions.

2. The content regarding the calculation explanation of the structure and foundation (if any) is regulated as follows:

a) List of technical regulations, applicable standards, type, and grade of the construction used in the calculations;

b) Loads and impacts, detailed calculation results, full details of the load-bearing components and parts of the construction, ensuring structural safety and safety in use, with accompanying calculation tables;

c) The summary table of calculation results showing the safety assessment criteria of the structure includes: stability (if any), displacement, limit deformation of the foundation; load-bearing capacity, deformation, local stability (if any) of the load-bearing components; some other criteria if necessary, with comparison against the corresponding parameters specified in the applied technical standards, serving as the basis for the consulting contractor to verify, check calculations, and conclude on load-bearing safety and service safety.

3. The design drawings must fully show the solutions, detailed dimensions, technical specifications, and materials used in accordance with applicable technical standards and regulations, ensuring sufficient conditions to prepare construction design drawings, specifically: drawings of the plans, sections, elevations, details of structural components, parts of the works, or drawings as required by specialized fields; structural plans and details of components participating in the load-bearing of the works; plans and details of the electromechanical system, engineering systems inside and outside the works (if any); plans and interior layouts of the works (if any); process flow drawings and locations of main equipment systems (if any); and other related drawings.

4. The explanatory report and design drawings must fully present the information and figures corresponding to the regulations in technical standards and the provisions of the law on fire prevention, firefighting, and search and rescue (if any).

5. Technical instructions must be carried out in accordance with the provisions of Article 24 of this Decree.

6. In the case where the investment decision maker chooses technical design as construction design in the Feasibility Study Report, the content of the technical design includes the contents specified in clauses 1, 2, 3, and 5 of this Article and the following contents:

a) Construction location, project alignment (for linear projects), list and scale, type, and grade of the project;

b) Results of construction surveys for preparing the technical design;

c) Selected technology, technical solutions, and equipment (if any);

d) Major material plans to be used, estimated construction costs for each construction work;

đ) Explanations and construction design drawings must fully present information and figures that meet the fire prevention and fighting requirements corresponding to the Feasibility Study Report in accordance with the law on fire prevention, firefighting, and search and rescue (if any);

e) Other necessary design contents as required by the project (if any).

Article 23. Content of construction drawing design

1. Construction drawing design must detail solutions for architecture, structure, interior (if any), technology (if any), technical systems inside and outside the works; fully present technical specifications, materials used, structural details, technical standards, and applied standards sufficient for implementing the construction of the works. Construction drawing design includes explanations, drawings, technical instructions, and maintenance procedures of the works.

2. The content explaining the calculation of the structure of the works and the foundation (if any) is carried out according to the provisions in Clause 2, Article 22 of this Decree in the case of two-step design or one-step design for projects requiring the preparation of an Economic-Technical Report.

3. Construction design drawings must fully present solutions, detailed dimensions, technical specifications, materials used, and structural details, ensuring sufficient conditions for the implementation of construction works.

4. Construction design explanations and drawings must fully display information and data corresponding to the regulations in technical standards and legal provisions on fire prevention, firefighting, and search and rescue (if any).

5. Technical instructions are to be carried out according to the provisions of Article 24 of this Decree. Maintenance guidance is to be carried out according to the provisions of Article 65 of the 2025 Construction Law and the Government's regulations on quality management, construction, and maintenance of construction works.

Article 24. Technical instructions

1. Technical guidelines are a set of technical requirements based on technical regulations and standards applied to construction works and construction design, to guide and stipulate the materials, products, and equipment used for the works, as well as the construction, supervision, and acceptance of construction works.

2. Technical guidelines are an integral document of the construction design dossier, made for construction works except for individual residential houses; approved technical guidelines are a component of the construction tender dossier.

3. Technical guidelines must be prepared separately for special-grade works, grade I works, or large-scale, technically complex works as required by the investor. For other works, technical guidelines can be prepared separately or stipulated in the construction design report.

Article 25. Management of construction design work

1. The design consultancy contractor is responsible for the quality of the construction design they carry out; the verification, appraisal, and approval of the construction design by individuals, organizations, investors, investment decision-makers, or specialized construction authorities do not replace and do not reduce the responsibility of the design consultancy contractor for the quality of the construction design they perform; the design verification contractor and related units are responsible according to the provisions of law for the work they carry out.

2. During the design process of large-scale, technically complex projects, the design consultancy contractor may propose to the investor to carry out experiments and simulation tests to check and calculate the working capacity of the project in order to complete the construction design, ensuring technical requirements and project safety.

3. After the construction design dossier has been appraised and approved according to regulations, based on the contractor consultant's acceptance proposal dossier, the investor checks the volume of work completed against the construction contract provisions and approves the acceptance of the construction design dossier if it meets the requirements.

Section 3. PREPARATION, APPRAISAL OF THE PROJECT, AND DECISION ON CONSTRUCTION INVESTMENT

Article 26. Planning used as a basis for preparing the Feasibility Study Report, the Technical-Economic Report

1. Planning used as a basis for preparing the Feasibility Study Report, the Technical-Economic Report is one of the following plans:

a) Master plan, subdivision plan, or specialized technical infrastructure plan according to urban and rural planning laws for projects investing in framework technical infrastructure;

b) Underground spatial planning or specialized technical infrastructure planning or general urban planning according to the law on urban and rural planning for investment projects in the construction of underground public works, underground transportation works, or construction works for the purpose of connecting underground spaces, as identified in the underground spatial planning;

c) Detailed sectoral planning on infrastructure structures according to the provisions of the planning law for investment projects in construction as identified in the detailed sectoral planning on infrastructure structures.

For investment construction projects formed from sectoral planning on infrastructure, in cases where the competent authority that approves the detailed sectoral planning is also the authority responsible for deciding on investment or approving the project, the sectoral planning serves as the basis for preparing the project;

d) Provincial planning for investment projects in construction related to infrastructure development is determined in the provincial plan;

d) Planning for the preservation, restoration, and rehabilitation of historical sites for construction investment projects within the protected area of heritage sites or world heritage sites is formed from the planning for preservation, restoration, and rehabilitation of historical sites;

e) Planning of the tourism system or forestry planning for ecotourism, resort, and recreational projects within forests;

g) Separate urban design or architectural management regulations for cases where projects are invested and constructed in areas that have stable land use functions and do not require detailed planning according to the law on urban and rural planning;

h) The plan for the project route, the project location, and the overall layout of the project must be approved by the competent authority as prescribed in Clause 4, Article 73 of this Decree for construction investment projects in areas that are not required to have detailed subdivision planning, detailed planning according to urban and rural planning law, or sectoral detailed planning according to planning law;

i) Detailed planning or general site layout planning according to urban and rural planning law for the remaining projects.

2. In case the construction investment project involves repairing, refurbishing, completing, upgrading, renovating, expanding existing works, or constructing new works to replace existing works while maintaining the same objectives, location, and scale of the existing works, it is not required to base the preparation and appraisal of the Feasibility Study Report or the Economic - Technical Report on planning.

Article 27. Preparation of Feasibility Study Report, Economic - Technical Report

1. The preparation of a Feasibility Study Report is carried out for the entire project, each component project, or for one or several works to ensure compatibility with the investment phases, the requirements stated in the decision or the document approving the investment policy, or the document approving the project information (if any).

2. Small-scale construction investment projects or those with simple technical characteristics only need to prepare an Economic-Technical Report, including:

a) Construction investment projects for religious purposes;

b) Construction investment projects with a total investment not exceeding 40 billion VND (excluding compensation costs, site clearance, and land use fees);

c) Repair projects for maintenance purposes at Group C scale;

d) Dredging projects for the maintenance of public maritime channels and inland waterways.

d) Investment projects in construction whose main content is purchasing goods, providing services, or installing equipment with construction costs (excluding equipment costs) of less than 10% of the total investment and not exceeding 20 billion VND (except for national important projects, Group A projects, or investment projects under the public-private partnership method).

3. The investment decision-maker may decide to prepare a Feasibility Study Report for the projects specified in Clause 2 of this Article according to management requirements or technology design that requires preparation of a basic design, FEED design, or technical design; these projects are not subject to appraisal by construction specialized agencies. The investment decision-maker is responsible for organizing the appraisal of the Feasibility Study Report, and the investor is responsible for organizing the appraisal of the implementation design after the project is approved, ensuring that the appraisal contents comply with legal regulations.

4. For maintenance work carried out on the basis of the construction design of an existing project or where no construction design needs to be prepared, it is not necessary to develop a construction investment project.

5. When preparing a Feasibility Study Report or a Socio-Economic and Technical Report, the project preparation agency may change some contents compared to the plan used as the basis for project preparation, the approval documents, or the investment policy approval, and it is still considered in accordance with the planning and investment policy, specifically as follows:

a) For projects not following the routes defined in urban and rural planning: adjustments to layout, form, and technical parameters of the project are allowed as long as they ensure that the indicators and parameters in the approved urban and rural planning concerning land use indices, building lines, regulations on spatial management and urban design, architecture management regulations (if any), and technical standards on construction planning are adhered to.

b) For linear projects: adjust boundaries, land use areas; make local adjustments to the route direction and control points to meet technical requirements without changing the project objectives, ensuring compliance with the requirements stated in the planning approved by the competent authority or the project's route plan, project location, and general layout approved by the competent authority;

c) Adjust some indicators and parameters in the document regarding the approved decision or approval of investment policy when it does not fall under the cases requiring adjustment of investment policy according to the law on investment, public investment, or investment following the public-private partnership model.

Article 28. Splitting component projects, investment phases

1. According to the form of investment, the separation of component projects, independent component projects, compensation, support, resettlement, and independent site clearance projects must comply with the provisions of the law on public investment, investment under the public-private partnership method, investment law, and other relevant legal regulations.

2. In the case of separating component projects, independent component projects, compensation, support, resettlement, and independent site clearance projects at the stage of preparing the pre-feasibility study report or project proposal, these projects are determined in the decision or document approving the investment policy or the project information approval document of the competent authority.

3. The separation of component projects, independent component projects at the stage of preparing the feasibility study report, economic-technical report, and investment decision is decided by the investment decision-maker and is regulated as follows:

a) The separation of sub-projects must ensure the requirements stated in the decision or investment policy approval, or in the project information approval document, or regulations of relevant laws (if any);

b) The separation of sub-projects must ensure consistency and synchronization in content and calculation basis among sub-projects, as well as connectivity and operation of the entire project;

c) For independent sub-projects, they must meet the requirements for independent operation and exploitation and be managed as independent projects. The scale of independent sub-projects does not fall under the cases requiring an Economic-Technical Report as prescribed in Clause 2, Article 27 of this Decree.

For investment projects in constructing urban areas, residential areas, or functional areas, among independent sub-projects, there must be one sub-project prepared for all common technical infrastructure works of the project and some other construction works (if any).

4. The investment phasing is presented in the Feasibility Study Report and the investment decision for construction. The investment phasing must be consistent with the project implementation schedule and the contents regarding investment phasing in the investment decision or in the approval of investment policy for construction or in the document approving project information (if any).

Article 29. Contents of the Feasibility Study Report

1. The explanation of the Feasibility Study Report for public investment projects includes the following contents:

a) The necessity, construction investment objectives, and capacity scale; assessment of compliance with the investment policy or the document approving project information (if any);

b) Construction location, land area, and land use function; assessment of compliance with the land use planning used as a basis for project preparation and relevant planning;

c) Analyze the factors ensuring project implementation regarding natural conditions, economic - technical conditions, use of resources, labor utilization, selection of technology, equipment, management solutions for project implementation, exploitation, and utilization;

d) Plan for dividing the project into component projects, independent component projects, phased investment (if any);

d) Assessment of environmental impact and environmental protection (in cases where a separate report is required according to environmental protection laws, the explanatory content only states the implementation results);

e) Overall plan for compensation, support, and resettlement (if any);

g) Expected project implementation timeline; main time milestones to be followed according to investment policy requirements (if any);

h) The total construction investment of the project in accordance with the Government's regulations on management of construction investment costs;

i) Capital sources, ability to recover capital (if any); financial analysis, risks; operation and usage costs of the works; capability to provide capital for operation and maintenance of the works;

k) Evaluation of economic and social efficiency, ensuring national defense and security of the project;

l) Plans for training, technology transfer, operation, exploitation, and maintenance (if any);

m) Recommendations on coordination mechanisms, preferential policies, and support for project implementation;

n) Other necessary contents;

o) In cases of preparing FEED design or technical design in the Feasibility Study Report and selecting contractors immediately after project approval: proposal of the overall plan for contractor selection, plan for dividing construction packages, EPC, EC, EP packages;

p) For construction investment projects in urban areas, the content must include urban development with green growth. For construction investment projects of urban infrastructure, urban area development projects, and housing construction projects in urban areas, the content must also include climate change adaptation in accordance with the laws on urban management and development.

2. The explanatory statement of the feasibility study report of a business investment project must present the contents specified in points a, b, c, d, đ, e, g, and p of clause 1 of this Article, as well as the contents required by the investment decision-maker.

3. In addition to the general provisions prescribed in clauses 1 and 2 of this Article, the feasibility study report of housing construction projects and urban area projects must also clearly explain the following contents:

a) The suitability of the quantity and area of different types of housing with the housing development program and plan according to housing laws; the compatibility of the quantity of housing types with population targets according to planning, used as a basis for project preparation. In the case of urban projects, a report must be provided on how the project implementation meets urban development goals and orientations according to the urban development program, and on the connection of the project's technical infrastructure system with the external area of the project;

b) The plan for constructing and completing technical infrastructure works before housing exploitation (if any), social infrastructure works, and other works within the project;

c) The plan and list of areas or public works and services that the investor must hand over to the State for management, exploitation, and use, or that will be managed, exploited, and used after the completion of construction investment (if required); the responsibilities of the investor and relevant parties in the handover, exploitation, and use. The contents regarding the construction progress and commissioning of the works, the responsibilities of the investor and relevant agencies in the handover of construction works in the Feasibility Study Report must align with the investment policy (if any).

4. In cases of preparation according to a component project or by implementation phase, the Feasibility Study Report must clearly explain the following contents:

a) Objectives, scale, and implementation time of the project;

b) Objectives, scale, implementation time of the sub-project; the consistency of the sub-project's implementation time with the implementation time of the entire project (in case of division according to sub-projects);

c) The option to divide the implementation stages to ensure the overall project timeline, in accordance with the approved investment policy (in case the project is divided into implementation stages);

d) Ensuring the connectivity and operation of the entire project;

dd) The handover of works and public utility services as stipulated in point b, clause 3 of this Article according to component projects.

5. In the case of preparing an investment project for the construction of technical infrastructure under the provisions of clause 2, Article 28 of this Decree, it is also necessary to clearly state the list, scale, and implementation timeline of the remaining component projects; solutions to ensure synchronization of technical infrastructure and social infrastructure (if any) of the entire project.

6. For construction investment projects that use restricted transfer technology or construction investment projects that have potential adverse environmental impacts and use technology, a report on the technology must be provided in accordance with the law on technology transfer.

7. The explanatory content of the Feasibility Study Report for a PPP project shall be implemented in accordance with the provisions of the law on investment under the public-private partnership method.

8. The construction design content in the Feasibility Study Report shall be implemented in accordance with the provisions in Article 20, Article 21, or Article 22 of this Decree corresponding to the construction design step chosen to be prepared in the Feasibility Study Report.

Article 30. Contents of the Economic-Technical Report

1. The explanatory part of the Economic-Technical Report under Clause 2, Article 25 of the 2025 Construction Law shall include the following contents:

a) The necessity of investment, investment objectives for construction, scale and capacity; assessment of conformity with the corresponding contents in the decision on investment policy or approval of investment policy (if any);

b) Construction location and land use area; assessment of conformity with the master plan used as a basis for project preparation and conformity with related plans;

c) Form of construction investment (public investment, investment under the public-private partnership model, business investment);

d) Analysis of factors ensuring project implementation regarding natural conditions, economic-technical conditions, use of resources, labor utilization, selection of technology, equipment, project management organization solutions, exploitation, and usage;

d) Construction site clearance plan (if any);

e) Project work level;

g) Fire prevention and fighting plan, assessment of the conformity of design solutions with fire prevention and fighting requirements according to the law on fire prevention and fighting and rescue (if any);

h) Environmental impact assessment and environmental protection (in cases where it is required to prepare a separate report under environmental protection law, the explanatory content only presents the implementation results);

i) Expected project implementation time; main implementation milestones; project management form;

k) Construction implementation solutions, safety assurance plans during construction;

l) Total construction investment according to the Government's regulations on construction investment cost management;

m) Capital sources, ability to mobilize capital and methods of capital mobilization (if any);

n) Assessment of socio-economic efficiency, factors ensuring national defense and security of the project; possibility of capital recovery (if any);

o) Training, technology transfer, operation, exploitation, maintenance plans (if any); ability to meet maintenance funding (if any);

p) Recommendations for coordination mechanisms, preferential policies, and support for project implementation;

q) Other necessary contents.

2. For construction investment projects using technology with restricted transfer or projects that may have negative impacts on the environment using technology, there must be an explanation about the technology in accordance with the provisions of the law on technology transfer.

3. The content of the construction drawing design in the Economic - Technical Report shall be implemented in accordance with the provisions of Article 23 of this Decree.

Article 31. Appraisal of the Feasibility Study Report, the Economic - Technical Report of the investment decision maker

1. For public investment projects that are national important projects, the ministry or the provincial People's Committee shall establish an Appraisal Council to conduct project appraisal. In cases where the Minister of the ministry managing specialized construction works or the Chairman of the provincial People's Committee is the investment decision-maker, the Appraisal Council simultaneously performs the appraisal of the investment decision-maker and the specialized construction agency.

2. For PPP projects, the appraisal by the competent authority is carried out in accordance with the law on investment under the public-private partnership method.

3. For the remaining cases, the investment decision-maker shall assign the specialized agency under their authority or the construction specialized agency under their authority to act as the lead agency for appraisal. In cases where there is no construction specialized agency or specialized agency under their authority, the investment decision-maker shall organize individuals with appropriate expertise and experience related to the nature and content of the project to act as the lead agency for appraisal.

4. The project preparation agency is responsible for preparing the dossiers for appraisal of the Feasibility Study Report, the Economic-Technical Report, and submitting the dossiers to the lead appraisal agency for organizing the appraisal. The appraisal results shall follow Form No. 03, Form No. 04 in Appendix I issued together with this Decree.

5. According to the specific requirements of each project, the investor or the agency assigned to prepare the project must carry out procedures and requirements according to the relevant legal provisions during the project preparation phase, and submit them to the appraisal agency as a basis for considering and appraising the Feasibility Study Report and the Economic-Technical Report.

6. The agency in charge of appraising is responsible for organizing the appraisal of the contents in accordance with the provisions of Clause 3, Clause 4, Article 26 of the Construction Law 2025, in which some contents are specifically stipulated as follows:

a) For projects using technology with limited transfer or adversely affecting the environment that involves technology, the appraisal or issuance of opinions on the technology must comply with the provisions of the law on technology transfer;

b) For residential construction investment projects and urban areas, an assessment must be made on the contents stipulated in Clause 3, Article 29 of this Decree;

c) For public investment projects and PPP projects, the determination of the total investment amount of the project is carried out in accordance with the Government's regulations on the management of construction investment costs;

d) For business investment projects of state-owned enterprises, the specialized agency under the investment decision-maker independently decides on the appraisal and determination of the total investment amount to ensure the effective use of the enterprise's investment capital;

d) For projects that only require the preparation of an Economic - Technical Report, the specialized agency under the investment decision-maker must also assess the compliance with the planning as a basis for project preparation.

7. For projects involving FEED design, technical design in the Feasibility Study Report, and construction drawing design in the Economic - Technical Report, the investor decision-maker shall assign the project owner to appraise the following contents:

a) The contents specified in points a, c, and d of Clause 1, Article 30 of the 2025 Construction Law for projects involving FEED design and technical design in the Feasibility Study Report;

b) The contents specified in point h, Clause 3, Article 26 of the 2025 Construction Law for projects involving construction drawing design in the Economic - Technical Report;

c) The assignment by the investor decision-maker for the project owner to appraise and determine the total investment value shall be carried out in accordance with the Government's regulations on construction investment cost management.

8. The agency in charge of appraising shall synthesize the appraisal results from the specialized construction agency (if any), the appraisal results of the investor specified in Clause 7 of this Article (if any); opinions of agencies performing sectoral and field management functions (if any), opinions of the Ministry of National Defense and the Ministry of Public Security for projects listed in the list of key projects requiring national defense and security assurance, submitted to the investment decision maker for approval of the project, and investment decision for construction.

Article 32. Authority to Appraise the Feasibility Study Report by the Specialized Construction Agency

1. According to the management sector, the specialized construction agency shall appraise the Feasibility Study Report for projects as prescribed in Clause 1, Article 27 of the 2025 Construction Law, specifically as follows:

a) Public investment projects;

b) PPP projects;

c) Business investment projects of large scale, including: projects approved for investment policy by the National Assembly or the Prime Minister, projects meeting the criteria as important national projects under the provisions of the law on public investment;

d) Business investment projects with works affecting safety and community interests listed in Appendix IV issued together with this Decree.

2. Specialized construction agency under the ministry managing specialized construction works responsible for appraising the Feasibility Study Report of the project: National important projects managed by a ministry or a central agency as the project owner; projects decided or approved for investment policy by the National Assembly; projects assigned for appraisal by the Prime Minister; projects to be invested and constructed in the administrative areas of two or more provinces or cities; projects with special-grade works.

3. The Management Board of industrial parks, export processing zones, high-tech parks, and economic zones shall appraise the Feasibility Study Report for projects specified in Clause 1 of this Article that are invested and constructed in the area under their management according to the provisions of Clauses 5 and 6 of Article 73 of this Decree, except for projects specified in Clause 2 of this Article.

4. The specialized construction agency under the People's Committee at the commune, ward, and special zone subordinate to the provincial People's Committee (hereinafter collectively referred to as the commune-level People's Committee) shall appraise the Feasibility Study Report for projects according to the provisions of Clause 1 of this Article, decided for investment by the commune-level People's Committee.

5. The specialized construction agency under the provincial People's Committee shall appraise the projects under the provisions of Clause 1 of this Article that are invested and constructed within the administrative boundary of the province, except for projects specified in Clauses 2, 3, and 4 of this Article.

Article 33. Other provisions on the authority to appraise Feasibility Study Reports of specialized construction agencies

1. Specifically, for certain cases stipulated in this clause, the authority to appraise Feasibility Study Reports of specialized construction agencies is not conducted according to Article 32 of this Decree and is stipulated as follows:

a) For projects under the management sector where the specialized construction management ministry is the governing agency according to the law on public investment or the competent authority according to the law on investment under the public-private partnership method, the specialized construction agency under this ministry shall carry out the appraisal;

b) The specialized construction agency under the Ministry of Construction appraises Feasibility Study Reports for projects in the fields of aviation, national railways, and maritime.

c) The construction specialized agency under the Ministry of Agriculture and Environment appraises the feasibility study report of investment projects for the construction of irrigation and dike works with investment objectives and related exploitation and protection across two or more provinces;

d) The construction specialized agency under the Ministry of Industry and Trade appraises the feasibility study report for investment projects for the construction of works built at sea under its management functions according to maritime law and specialized laws outside the management scope of the provincial People's Committee;

d) The specialized construction agency under the provincial People's Committee shall appraise projects for which the provincial People's Committee is the managing agency under public investment law or is the competent authority under investment law in the form of public-private partnership; excluding projects assigned by the Prime Minister to the specialized agency under the ministry managing sectoral construction works for appraisal, and projects specified in points b, c, and d of this clause;

e) The specialized construction agency under the People's Committee of Hanoi City and the People's Committee of Ho Chi Minh City shall appraise projects being invested in and constructed within their administrative areas; excluding projects with special-grade works for which the head of a central agency decides on investment, and projects specified in points a, b, c, and d of this clause;

g) The authority to appraise the Feasibility Study Report for investment projects involving land reclamation or components of the project involving land reclamation shall be carried out in accordance with the provisions of the land law. The authority to appraise the remaining items of the project is conducted according to the provisions of this Decree.

2. For nationally important projects, projects decided or approved by the National Assembly on investment policy, specialized construction management ministries, and provincial People's Committees shall establish an Appraisal Council to appraise the Feasibility Study Report.

3. For projects consisting of multiple constructions of different types and levels, the authority to appraise by the specialized construction agency is determined according to the main construction of the project or the construction with the highest level in the case of a project having multiple main constructions.

In cases where the main works have the same grade, the project preparation agency is selected to submit for appraisal to the specialized construction agency according to the grade of one main work of the project. The appraisal agency is responsible for seeking the appraisal opinions of the specialized construction agency in the relevant field for the remaining main works during the appraisal process.

4. For projects divided into independent sub-projects, the authority to appraise the Feasibility Study Report of the specialized construction agency is determined according to the group of the sub-project and the grade of the works belonging to the independent sub-project.

In the case of an investment project for the construction of an urban area or functional area submitted for appraisal as an independent sub-project, the project preparation agency must submit the Feasibility Study Report of the sub-project containing common technical infrastructure works of the project to the construction specialized authority for appraisal before or simultaneously with the remaining sub-projects.

5. In the case where the sub-project division is not an independent sub-project or is submitted for appraisal by phases, the appraisal authority is determined based on the scale of the group and the classification of the works of the entire project.

6. For repair or renovation projects requiring appraisal by the construction specialized authority, the appraisal authority for the Feasibility Study Report is determined based on the scale of the work being repaired or renovated.

Article 34. Appraisal Council

1. The appraisal council is established by the Minister of the ministry managing specialized construction works or the Chairman of the provincial-level People's Committee for projects in accordance with the provisions of Clause 2, Article 33 of this Decree to perform the role of appraising the Feasibility Study Report of the specialized construction agency.

2. The establishment of the appraisal council is carried out upon the proposal of the specialized construction agency within 07 working days from the date of receiving the dossier submitted for the appraisal of the Feasibility Study Report as prescribed in Article 36 of this Decree.

According to the project's requirements, the Minister or the Chairman of the provincial-level People's Committee may decide on the establishment of the appraisal council after the project's investment policy decision has been issued in order to perform certain tasks serving the appraisal simultaneously with the preparation of the Feasibility Study Report.

3. The appraisal council consists of the Chairman of the Council, the Vice Chairman of the Council, and other members of the Council, specifically as follows:

a) The leader of the ministry or the leader of the provincial People's Committee is the Chairman of the Council;

b) Members of the appraisal council include representatives of specialized agencies under the ministry managing the specific construction project (for projects established by the Minister of the ministry managing the specific construction project) or specialized agencies under the provincial People's Committee (for projects established by the Chairman of the provincial People's Committee); representatives of relevant ministries and sectors;

c) According to project requirements, the Minister or the Chairman of the provincial People's Committee decides to invite representatives of relevant ministries, sectors, agencies, consulting organizations, and experts to become members of the Council;

d) The construction specialized agency under the project management field is the standing agency of the Council.

4. The permanent agency of the Council has the following duties:

a) Develop the operating regulations of the Council based on the functions and tasks of the agency nominating members of the Council, and submit them to the Chairman of the Council for decision and issuance;

b) Assist the Chairman of the Council in assessing the organization of work for evaluating the Feasibility Study Report and the general activities of the Council; coordinate with relevant agencies and consulting verification to carry out the tasks of evaluating the Feasibility Study Report;

c) Receive and check the dossiers submitted for the evaluation of the Feasibility Study Report, and send the dossiers to Council members, relevant agencies, and units;

d) Develop the evaluation plan, assign tasks to Council members to carry out the evaluation in accordance with the contents prescribed in Article 38 of this Decree;

d) Summarize the results of the appraisal of the Feasibility Study Report, issue a document notifying the results of the appraisal of the Feasibility Study Report after receiving the conclusion of the Appraisal Council, and affix confirmation seals on the relevant construction design drawings as prescribed in Clause 8, Article 36 of this Decree;

e) Perform other tasks assigned by the Chairman of the Council.

5. The Appraisal Council has the following powers:

a) Review and decide on matters concerning the content, program, and work plan of the Council, the Standing Committee of the Council, and other related issues in the process of project appraisal;

b) Request the project preparation agency, consulting organization, and relevant agencies to provide related documents during the process of giving opinions and appraising the Feasibility Study Report.

6. The appraisal council organizes the appraisal of the Feasibility Study Report in the form of a council meeting, an appraisal meeting, or by collecting appraisal opinions in writing.

7. The appraisal council works collectively under the direction of the Council Chairman. A council session is considered valid when at least 50% of the members are present (including authorized representatives). Concluding opinions are agreed upon based on the majority principle. In cases where the voting rate is equal and reaches 50% of the council members (including those present at the meeting and those who submitted written votes to the council), the issue is approved according to the vote of the Council Chairman.

The final conclusion on the contents of the feasibility study report appraisal must be approved by at least 2/3 of the members of the Appraisal Council. The opinions of the members of the Appraisal Council are expressed by voting at the meeting or in writing sent to the Appraisal Council.

8. The Appraisal Council is responsible to the Minister and the Chairman of the provincial People's Committee for organizing the appraisal according to the assigned tasks; regarding the content of opinions, appraisal results, conclusions, and recommendations of the Appraisal Council according to the Council's operational regulations.

9. The Appraisal Council dissolves itself after the Council's standing agency completes the notification of the appraisal results of the project feasibility study report.

Article 35. Dossier for submitting the appraisal of the feasibility study report to the specialized construction agency, the Appraisal Council

1. The appraisal submission dossier is considered valid when:

a) Having all the dossiers and documents specified in Clause 2 of this Article, in proper form, presented primarily in Vietnamese, and checked and confirmed by the project preparatory agency;

b) The documents and papers prescribed in Clause 2 of this Article, whether submitted directly or via postal service, must be confirmed by the agency preparing the project; in the case of online submission, they must be signed with a digital signature as prescribed.

2. The dossier for appraising the Feasibility Study Report includes: the appraisal submission as prescribed in Form No. 01 Appendix I issued together with this Decree, the Feasibility Study Report dossiers, and accompanying legal documents and texts, specifically:

a) The document on the investment policy for project construction or the document approving project information or the decision approving the Ecotourism, Resort, and Entertainment Plan in the forest for ecotourism, resort, and entertainment projects in the forest according to the provisions of forestry law;

b) Investment license, Investment incentive certificate, Investment certificate, Investment registration certificate, Decision approving the results of winning the auction for land use rights, winning the bid for a project involving land use, or other legal documents of equivalent value for projects that are subject to continuation under investment law without requiring approval of investment policy;

c) Document approving the selected architectural design plan in accordance with architecture law through a competition and the accompanying drawings (if a competition is required);

d) Document of approval/decision approving and the relevant planning drawings of the plan used as a basis for project preparation in accordance with the provisions of Article 26 of this Decree;

d) Agreements and confirmations regarding the connection of the project's technical infrastructure; documents approving the height of the construction in accordance with the Government's regulations on managing the height of aviation obstacles and the control and protection of airspace in Vietnam (in case the project does not fall within areas or objects that require unified opinions on the management of construction height at the stage of approving construction planning) (if any);

e) Other legal documents and related materials (if any);

g) Approved construction survey documents;

h) Feasibility study report (including the explanation and construction design documents prepared in the Feasibility Study Report); Report on the results of examination of construction design according to Form No. 02 Appendix I issued together with this Decree (if any);

i) For investment projects on railway construction routes that require approval of the standard list according to the provisions of railway law, the appraisal dossier must include a document approving the standard list from the competent authority;

k) For projects specified in points a, b, and c, Clause 1, Article 17 of the 2025 Construction Law, in addition to the above-mentioned contents, the appraisal dossier must include the following: total investment; relevant information and data regarding prices, norms, quotations, appraisal results (if any) to determine the total investment;

l) For projects with administrative violations in construction that have been penalized and where remedial measures require appraisal, appraisal adjustments, issuance of a construction permit, or adjustment of a construction permit, the appraisal submission dossier must also include the following content: The investor's report on the project implementation process, the actual status of construction of the project's works up to the time of appraisal submission; minutes, decisions on administrative penalties from competent authorities; Inspection reports from construction inspection organizations assessing the load-bearing capacity of the constructed parts of the project;

m) For repair and renovation projects, the appraisal submission dossier must also include the following content: Current condition survey dossier, Inspection reports from construction inspection organizations assessing the load-bearing capacity of the works (in cases where the repair or renovation is relevant).

Article 36. Procedure for Appraising the Feasibility Study Report by the specialized construction agency, Appraisal Council

1. The project preparation agency shall submit the appraisal dossier to the specialized construction agency and receive the result of the procedure in one of the following forms:

a) Directly at the One-Stop Department;

b) Via postal service;

c) Online at the national public service portal.

2. The receiving department is responsible for checking, receiving, or refusing to receive the dossier in accordance with regulations, and the refusal document must specify the reason. The appraisal dossier will be refused in the following cases:

a) The appraisal submission is not within the competence of the specialized construction agency, or the project preparation agency does not have the authority according to the provisions of this Decree (the content is determined according to the Appraisal Submission).

b) Not belonging to the subjects or content that must be appraised by the specialized construction agency as prescribed;

c) The appraisal submission dossier is invalid according to the provisions of this Decree.

3. Within 05 working days after receiving the appraisal submission dossier, the specialized construction agency is responsible for:

a) Reviewing and sending, once, a written request for additional components of the appraisal submission dossier to the project preparation agency;

b) Issuing a written refusal to accept the appraisal in case it is determined that the content in the appraisal submission dossier differs from the content stated in the Appraisal Submission Form, leading to a refusal of the appraisal as prescribed in points a and b, clause 2 of this Article.

4. During the appraisal process, the specialized construction agency has the right to suspend the appraisal (no more than once) and issue a written notice to the project preparation agency regarding errors or mistakes in the information or data in the dossier that make it impossible to draw an appraisal conclusion.

5. Within 20 working days from the date of receiving the request from the specialized construction authority as prescribed in point a, Clause 3 and Clause 4 of this Article (excluding time due to force majeure reasons), if the project preparation agency does not carry out the rectification or supplement of the dossier as requested, the specialized construction authority shall suspend the appraisal. The project preparation agency shall resubmit the appraisal dossier in one of the forms prescribed in Clause 1 of this Article. In case the project preparation agency resubmits the dossier after supplementing and completing it as requested, the appraisal period shall be recalculated from the beginning as prescribed.

6. For projects assessed by a Review Board, the assessment carried out by the Review Board shall be conducted according to the working regulations of the Review Board.

7. The assessing agency may hire organizations or individuals with appropriate expertise to participate in the assessment. The cost of hiring organizations or individuals to participate in the assessment is included in the investment preparation costs and is paid by the project preparation agency or the investor.

8. The stamping of construction design documents in the Feasibility Study Report and returning the results shall be carried out as follows:

a) The construction specialized agency stamps to confirm the contents that have been assessed on the relevant drawings of one set of construction design documents. The assessment stamp form is stipulated in Form No. 14 of Appendix I issued together with this Decree. In the case of documents submitted online, the confirmation is made by digital signature according to the regulations;

b) For dossiers submitted for appraisal that are concluded to meet the conditions for aggregation and approval, the specialized construction agency shall inspect and stamp the confirmation on the relevant construction design drawings of one set of construction design drawings. The project preparation agency receives the appraisal results, including the appraisal result notice and the set of design drawings that have been stamped for appraisal confirmation;

c) For dossiers submitted for appraisal that are concluded as not meeting the conditions or only meeting the conditions after modification and completion of the construction design dossier, the project preparation agency receives the appraisal results, including the appraisal result notice and the submitted set of drawings (not stamped for appraisal);

d) In cases where the submitted appraisal dossier is concluded to be eligible only after revisions and completion of the dossier as stipulated in point c of this clause, the project preparation agency shall revise and complete the dossier, submit a written request for stamping along with the revised and completed construction design dossier to the receiving department according to the administrative procedure process. The construction professional agency shall check and stamp the drawings in cases that meet the requirements stated in the appraisal result notification.

9. The storage of the dossier after the appraisal result is issued is regulated as follows:

a) Upon completion of the appraisal work, the construction professional agency is responsible for storing and preserving certain documents including: the appraisal submission report; the legal dossier submitted for appraisal; conclusions of organizations or individuals participating in the appraisal (if any); the appraisal result notification; copies of the documents stamped for appraisal as prescribed in point b of this clause;

b) The drawings that have been stamped for appraisal are handed over to the project preparation agency; the project preparation agency is responsible for storing them in accordance with the law on archives and promptly meeting the requests of the construction professional agency when it needs to review these archived documents. The project preparation agency is responsible for submitting a copy (in .pdf format) of the construction design drawings that have been stamped for appraisal to the construction professional agency within 05 working days from the date of receiving the stamped documents.

10. The project preparation agency is responsible for paying the appraisal fee according to regulations when carrying out these procedures.

Article 37. The appraisal time for the Feasibility Study Report by the construction professional agency, the Appraisal Council

1. The appraisal time for the Feasibility Study Report is calculated from the date the appraisal agency receives a complete and valid dossier, as follows:

a) No more than 60 days for national key projects;

b) No more than 25 working days for Group A projects with grade I works or higher; no more than 20 working days for other Group A projects;

c) No more than 20 working days for Group B projects with grade I works or higher; no more than 16 working days for other Group B projects;

d) No more than 15 working days for Group C projects with grade I works or higher; no more than 12 working days for other Group C projects.

2. In cases where an extension of the appraisal period is required, the appraisal agency must send a written document to the applicant, clearly stating the reason for the extension and the extension period. The appraisal agency may only extend the appraisal once, and the extension period must not exceed the corresponding appraisal period specified in Clause 1 of this Article.

Article 38. Contents and results of the appraisal of the feasibility study report by specialized construction agencies and the appraisal council

The specialized construction agency appraises the contents stipulated in Clause 4, Article 27 of the Construction Law 2025. Some appraisal contents are specifically regulated as follows:

1. Assessing the compliance of the construction design in the feasibility study report with the planning used as a basis for project formulation includes the following contents:

a) For framework technical infrastructure projects: assess the suitability of the orientation and arrangement of the technical infrastructure systems specified in the planning content to be used as the basis for project formulation;

b) For projects using detailed urban and rural planning as the basis for project formulation: assess the suitability of the construction design with land use functions, population scale (if any), area, planned land use criteria, and the requirements for spatial organization and landscape architecture as specified in the planning documents.

c) For projects using sectoral detailed planning, project route options, project route areas, and project locations approved by the competent authority as a basis for project preparation: assess the conformity of the location, route direction, route area (for linear construction works), and key technical specifications of the construction design with the information in the sectoral detailed planning or with the information in the approved project route options, project route areas, and project locations by the competent authority;

d) For ecotourism, resort, and recreational projects in the forest: assess the suitability of construction design with the indicators of land use for construction, location, site, scale, materials, height, density, expected proportions, and the duration of the existence of the works, the orientation for connecting technical infrastructure and transportation systems in the ecotourism, resort, and recreational project plan in the forest; sustainable forest management plan (if any).

2. Check the list of documents agreeing or guiding the connection with external technical infrastructure systems of the project.

3. The compliance with technical standards and the application of standards according to legal regulations of the project includes:

a) The list of technical standards and standards applied to the project;

b) Check the compliance of design solutions in the construction design records with the corresponding content stipulated in the technical standards that are required to be applied.

4. The assessment of factors ensuring construction safety, and design solutions for fire prevention and fighting includes the following contents:

a) Check the completeness of the contents of construction design stipulated in Article 20 or Article 21 or Article 22 of this Decree proposed by the design consultant contractor, the appraisal consultant contractor confirms the assurance of construction safety;

b) Check the completeness of the construction design dossier regarding the implementation of fire prevention and fighting design in accordance with the contents of the Feasibility Study Report as prescribed by the law on fire prevention, firefighting, and rescue; check the fulfillment of the requirements and corresponding content on fire prevention and firefighting proposed by the design consulting contractor, and confirmed by the appraisal consulting contractor to ensure compliance with the fire prevention and firefighting requirements according to the law on fire prevention, firefighting, and rescue.

5. The content of appraisal for the total investment of public investment projects and PPP projects shall be carried out in accordance with the Government's regulations on managing construction investment costs.

6. The appraisal results must include an assessment of the level of compliance with requirements for each appraisal content and conclusions for all appraisal contents; requirements for the project preparation agency, the investment decision-maker, and the competent authority for the PPP project. The appraisal results are also sent to the local construction management agency for acknowledgment and management.

The template for the notification of appraisal results of the Feasibility Study Report by the specialized construction agency shall be implemented in accordance with Form No. 03, Appendix I issued together with this Decree.

7. In cases where the project has been appraised for the Feasibility Study Report by the specialized construction authority, if the investor transfers part or all of the project or contributes capital through land use rights, assets attached to the land, or through separation, merger, or consolidation, the organization receiving the transfer/contribution or the organization formed after separation, merger, or consolidation inherits the results of the Feasibility Study Report appraisal by the specialized construction authority without having to repeat this procedure; except in the case of project adjustments as prescribed in Clause 2, Article 40 of this Decree.

Article 39. Project approval, investment decision for construction

1. The decision on construction investment is reflected in the project approval decision according to Form No. 09, Form No. 10 of Appendix I issued together with this Decree, which includes the following main contents:

a) Project name; type, project group; type, main construction level; project identification code; project objectives;

b) Construction location; route orientation of the construction (for linear construction works); land use area;

c) Investment decision-maker; investor; consulting contractor for project preparation, construction design in the Feasibility Study Report; appraisal consulting contractor (if any);

d) Construction investment scale: capacity scale, service capability; some main indicators, parameters; division of the project into sub-projects, independent sub-projects (if any); list of technical standards, applied standards (the list of mainly applied standards can be approved by a separate document);

d) Total investment; the value of cost items in the total investment; sources of investment capital and the proposed capital allocation plan, project implementation timeline, implementation phases, investment segmentation; project management organization form;

e) Requirements for resources, exploitation, and use of resources; compensation, support, and resettlement plans (if any);

g) Overall plan for contractor selection (if any);

h) Plan for dividing contract packages; EPC, EC, EP package estimates (in case there is a proposal for dividing contract packages);

i) Training plan, technology transfer (if any);

k) Coordination mechanisms, incentive policies, support for project implementation (if any);

l) Handover of construction works, public utility services (for urban area or housing development projects).

2. The approval of a project by the competent authority for a PPP project shall be carried out in accordance with the provisions of the law on investment under the public-private partnership method.

3. In the case that the project is prepared and appraised as sub-projects or according to implementation phases, the investment decision-maker shall approve the contents specified in Clause 1 of this Article corresponding to the contents of the sub-projects or implementation phases of the project. The investment decision-maker shall approve the entire project after completing the appraisal of all sub-projects or implementation phases, except in the case where the sub-project is separated as an independent project.

4. For projects implementing the preparation of FEED design and the technical design in the Feasibility Study Report, the investment decision-maker assigned as the project owner shall approve the FEED design and technical design documents; the construction design approval form shall be in accordance with Form No. 14 of Appendix I issued together with this Decree.

5. For projects that only require preparing an Economic-Technical Report, when approving the project, the investment decision-maker assigns the investor to stamp approval on the construction drawing design documents of the Economic-Technical Report.

Article 40. Adjustment of construction investment projects

1. During implementation, projects are adjusted in accordance with the provisions of Article 28 of the 2025 Construction Law. For public investment projects, PPP projects must also comply with the provisions of the laws on public investment and investment under the public-private partnership model.

2. For construction investment projects adjusted under Clause 1 of this Article, the specialized construction authority only appraises the adjusted Feasibility Study Report in the following cases:

a) When adjusting the planning that changes the planning indicators and parameters within the project site.

b) When changing the objective, the scope of construction investment is determined in the Project Approval Decision; except in the case of correcting calculation data or reducing items, independent construction works that have been approved by the investment decision-maker;

c) When the construction design in the Feasibility Study Report changes in any of the following: architectural solutions related to the main functional subdivisions inside the building; main structural solutions; schematic diagram of the technical system for the infrastructure construction investment project;

d) For public investment projects and PPP projects, when adjustments increase the total investment of the project, except in cases where the adjustment of the total investment is due to changes in compensation, support, resettlement costs, or due to construction price indices prescribed in Point d, Clause 2, Article 28 of the 2025 Construction Law.

3. The dossier submitted for appraisal by the specialized construction authority to appraise the adjusted feasibility study report shall comply with the provisions of Article 35 of this Decree and must clarify the following contents:

a) The reasons and objectives for adjusting the project, and the compliance with legal conditions for project adjustment under relevant laws for publicly funded construction investment projects and PPP projects;

b) The report from the investor or project preparation agency on the progress of project implementation and the actual situation of the construction works of the project up to the time of the proposed adjustment.

4. The appraisal of the adjusted feasibility study report by the specialized agency on construction is carried out for adjustment contents according to the appraisal submission. The approval of the adjusted project is carried out in accordance with the provisions of Article 39 of this Decree for the adjusted contents or the entire project, as considered and decided by the investment decision-maker or the competent authority (for PPP projects).

5. The adjustment of a component project is implemented according to Clause 1 of this Article for the corresponding contents of the component project, and the adjustment of the total investment of the component project is carried out according to the Government's regulations on the management of construction investment costs.

6. The project adjustment only requires preparing an economic-technical report for consideration and decision by the investment decision-maker, as specifically regulated as follows:

a) In the case of adjustments that increase the total construction investment exceeding 10% of the stipulated level for a project that only needs to prepare an Economic-Technical Report as prescribed in points b, c, and d of clause 2, Article 27 of this Decree, a revised Feasibility Study Report must be prepared, and the adjustment appraisal shall be carried out in accordance with the provisions of clauses 2, 3, and 4 of this Article. In cases where only the total construction investment is adjusted without adjusting the construction drawing design, the construction drawing design in the Economic-Technical Report may be used instead of the construction design in the revised Feasibility Study Report;

b) In cases where only the construction drawing design dossier is adjusted, and the content of the adjustment does not fall under the cases specified in point a of this clause and clause 2 of this Article, the investor shall appraise and approve the adjusted contents and report the implementation results to the investment decision-maker.

Section 4. DESIGN MANAGEMENT AND CONSTRUCTION IMPLEMENTATION

AFTER THE PROJECT IS APPROVED

Article 41. Appraisal of construction design implementation after the project is approved

1. The investor shall carry out appraisal for the construction design step implemented immediately before selecting the construction contractor, EPC, EC, EP contractors as a basis for approval. For the remaining design steps (if any), the investor decides on design control according to the provisions of the construction contract and relevant legal regulations.

In cases where the investment law on public-private partnership methods stipulates the authority responsible for appraising construction designs, this authority shall conduct the appraisal of the detailed construction design after the project has been approved according to the contents specified in point b, clause 2 of this Article.

2. The contents of the appraisal of the detailed construction design after the project has been approved by the investor are as follows:

a) For construction works under public investment projects, the appraisal contents shall be carried out in accordance with the provisions of clause 1, Article 30 of the 2025 Construction Law;

b) For construction works belonging to PPP projects, the appraisal content shall be carried out in accordance with the provisions of Clause 1, Article 30 of the 2025 Construction Law and the contents stipulated in the PPP project contract (if any). Specifically, for PPP projects specified in Point d, Clause 1, Article 57 of the Investment Law under the public-private partnership mode as amended and supplemented in Clause 15, Article 3 of Law No. 57/2024/QH15, the investor shall send the construction estimate for items using public investment capital to the specialized construction agency for appraisal. The content of construction estimate appraisal shall comply with the provisions of the Decree on management of construction investment costs;

c) For construction works belonging to business investment projects, the appraisal content shall be implemented in accordance with the provisions of Points b, c and d, Clause 1, Article 30 of the 2025 Construction Law and other contents as required by the investment decision-maker (if any);

d) For projects that are part of business investment projects of state-owned enterprises, the investor decides on the appraisal and determination of the construction cost estimates to ensure the effective use of the enterprise's investment capital.

3. During the appraisal process, the investor or the competent authority under PPP law may propose or invite relevant agencies to give opinions, participate in the appraisal, or hire organizations or individuals with appropriate expertise and experience to participate in the appraisal of the construction design after the project is approved.

4. The verification of construction design for construction works specified in Clause 3, Article 29 of the 2025 Construction Law is regulated as follows:

a) The investor selects a consulting contractor to carry out the verification as a basis for the investor's appraisal. Individuals participating in the verification must meet professional competence conditions as prescribed;

b) During the appraisal process, in cases where the Inspection Result Report does not provide sufficient basis to conclude the appraisal, the appraisal unit has the right to request supplementation and completion of the Inspection Result Report;

c) The content of the Inspection Result Report is specified in Form No. 11, Appendix I issued together with this Decree. Drawings subject to inspection must be stamped in accordance with the provisions of Form No. 14, Appendix I issued together with this Decree.

5. The form of notification of the appraisal results for the detailed construction design after the project is approved by the investor shall be implemented in accordance with Form No. 12, Appendix I issued together with this Decree.

6. The investor is responsible for synthesizing documents from related agencies and organizations; implementing requirements (if any); approving the construction design in accordance with the provisions of Article 42 of this Decree.

Article 42. Approval of construction design implementation after the project is approved

1. The approval of the construction design implementation after the project has been approved by the investor or the competent authority according to PPP law is reflected in the approval decision, including the following main contents:

a) Name of the construction work or each part of the construction work;

b) Name of the project;

c) Type and grade of the construction work;

d) Construction location;

đ) Contractor preparing the Construction Survey Report;

e) Construction design consulting contractor;

g) Contractor for verification of construction design (if any);

h) Scale, technical indicators; design solutions for effective energy use and resource savings (if any);

i) Design service life of the construction work;

k) Estimated construction cost by each cost item;

l) Other contents.

2. The form of the decision approving the construction design implementation after the project has been approved is stipulated in Form No. 13, Appendix I, issued together with this Decree.

3. The investor may authorize the Project Management Board to approve the construction design, except in cases where the project management consulting service is hired.

4. The person assigned to approve the construction design shall stamp and sign directly on the approved construction design documents (including explanations and design drawings). The construction design approval stamp template is specified in Form No. 14, Appendix I, issued together with this Decree.

5. In cases where the project is prepared and appraised by parts of the project, the investor or the authorized person approves the contents specified in Clause 1 of this Article for the part of the project that has been appraised. After the appraisal of the entire project part is completed, the investor or the authorized person shall approve the construction design of the project.

Article 43. Adjustment of the construction design implemented after the project has been approved

1. Adjustments to construction design are only implemented in cases specified in clause 1, Article 31 of the Construction Law 2025.

2. In the case that construction has not yet been carried out, if the investor needs to adjust the construction design for implementation after the project is approved, and the adjustment does not lead to a case requiring project adjustment, the investor must report to the investment decision-maker for consideration and approval before implementation.

3. The adjusted construction design must ensure consistency between the design steps as prescribed in clause 6, Article 16 of this Decree.

4. The investor shall carry out the appraisal and approval of the adjusted construction design for the implemented construction design after the project has been approved, which has been appraised and approved by the investor. For the remaining design stages, the investor decides on the design control according to the provisions of the construction contract and relevant legal regulations.

5. The examination of the adjusted construction design shall be conducted in accordance with the provisions of Clause 4, Article 41 of this Decree.

Section 5. ORGANIZATION OF CONSTRUCTION INVESTMENT PROJECT MANAGEMENT

Article 44. Forms of construction investment project management

1. Based on the scale, nature, form of investment, and project implementation conditions, the investment decision maker shall decide the form of project management as stipulated in Clause 1, Article 32 of the 2025 Construction Law when approving the project or during the project preparation phase.

2. For public investment projects, the form of project management is the Construction Investment Project Management Board. In cases where the investor decision-maker does not have, or has a subordinate Construction Investment Project Management Board but at the time of deciding to assign the board it does not meet the conditions to carry out the task, the investor decision-maker may decide to apply the form of the project owner organizing project management.

In the case where the Investment and Construction Project Management Board is the investor, the form of investment and construction project management is the Investment and Construction Project Management Board.

3. For business investment projects and projects specified in point c, clause 1, Article 17 of the 2025 Construction Law, the investment decision-maker decides the project management form as prescribed in clause 1, Article 32 of the 2025 Construction Law, in accordance with management requirements and the specific conditions of the project.

4. Projects using ODA capital or concessional loans from foreign donors shall apply project management organization forms according to the provisions of international treaties, agreements on ODA capital, or concessional loans; in cases where there are no specific provisions, the project management organization form shall be implemented according to the provisions of this Decree.

5. PPP projects, the project management form shall be agreed upon by the competent authority and the investor in the PPP contract, with project management forms prescribed in Clause 1, Article 32 of the 2025 Construction Law.

6. When applying the form where the investor organizes project management, the investor shall base on the project implementation conditions to decide on selecting the project management form prescribed in Article 46, Article 47, or Article 48 of this Decree.

Article 45. Organization and operation of the Construction Investment Project Management Board

1. Based on the conditions for project implementation, agencies, organizations, or individuals with authority as prescribed in Clause 2 of this Article shall decide to establish a Construction Investment Project Management Board to manage the projects for which they are the investment decision-making authority; they shall decide on the number, functions, tasks, and organizational structure of the Construction Investment Project Management Board to manage the project in accordance with management requirements and the specific conditions of the project.

2. The authority to establish and organize the activities of the Construction Investment Project Management Board is regulated as follows:

a) The head of the central agency establishes the Construction Investment Project Management Board in accordance with the specialized fields under their management or based on requirements for constructing facilities and infrastructure in regions or areas to manage construction investment projects under the management authority of the central agency or construction investment projects delegated or authorized by the central agency.

b) The provincial-level People's Committee shall establish the Construction Investment Project Management Board to manage construction investment projects under the management authority of the provincial-level People's Committee or projects under the management authority of the commune-level People's Committee as requested by the provincial-level People's Committee;

c) The commune-level People's Committee shall establish the Construction Investment Project Management Board to manage construction investment projects under the management authority of the commune-level People's Committee;

d) The authorized representative of an agency, organization, or enterprise decides to establish the Construction Investment Project Management Board as an organization or subsidiary unit depending on the management requirements and specific conditions of the project;

d) The management board of investment and construction projects established by the competent authority as prescribed in points a, b, and c of this clause is a public non-business unit that is self-financing for regular expenses or a public non-business unit that is self-financing for both regular expenses and investment expenses; it is allowed to open an account at the State Treasury or commercial banks as prescribed by law to carry out project management tasks; the establishment, reorganization, or dissolution of the investment and construction project management board is carried out in accordance with the law on public non-business units.

e) The person who decides to establish the investment and construction project management board is a public non-business unit that decides to carry out or assigns an agency or organization to reorganize or dissolve the investment and construction project management board.

3. The number of Construction Investment Project Management Boards, as public non-business units, shall be implemented based on provisions of the law on public non-business units, requirements of competent authorities regarding streamlining organizational structures and staffing in administrative agencies and public non-business units, suitable for the number of projects assigned for management, and in accordance with the provisions at point d, clause 2 of this Article.

4. The Construction Investment Project Management Board may hire individuals or consulting organizations to perform certain tasks when necessary. The Construction Investment Project Management Board may provide project management consulting for other projects or perform certain consulting tasks based on ensuring the completion of the assigned project management responsibilities.

5. The Construction Investment Project Management Board shall be organized in accordance with the functions and tasks assigned, the number and scale of projects that need to be managed, and shall include the following main departments:

a) The board of directors, project management directors, and specialized professional departments under them to assist the Investment Construction Project Management Board in performing the functions of project owner and project management;

b) The project management director must meet the required competence and professional experience conditions in accordance with the scale of the assigned project;

c) Individuals assigned to be in charge of the project's specialized departments must have training and experience appropriate to the project and the tasks they are responsible for, specifically: for departments assigned to manage areas concerning the scope and work plan, workload, construction quality, execution progress, construction safety, and environmental protection in construction, they must have expertise and experience in construction design or construction supervision; departments assigned to manage construction investment costs and risk management must have expertise and experience in construction investment cost management.

6. The Director of the Investment Construction Project Management Board shall develop regulations on the operation of the Investment Construction Project Management Board. The main contents of the regulations include: position, role, functions, duties, powers, work relationships; responsibilities between the department performing the investor's functions and the department performing project management operations in accordance with the provisions of construction law and other relevant laws.

Article 46. Hiring a construction investment project management consultant

1. The investor selects a project management consulting organization to perform part or all of the project management contents according to the contract signed with the investor.

2. The project management director and the individuals assigned to be in charge of the project's specialized departments must meet the conditions specified in points b and c, clause 5, Article 45 of this Decree.

3. The selected project management consulting organization shall provide a written notice regarding the responsibilities and authority of the representative and the direct project management team to the investor and the relevant contractors.

4. The investor is responsible for supervising the implementation of the project management consulting contract, resolving related issues between the project management consulting organization and the contractors, and local authorities during the project implementation.

5. The selection of a project management consulting organization under the provisions of this Article to manage a construction investment project shall be carried out according to the bidding law regulations for cases within the scope of the bidding law.

Article 47. Project Management Board under

1. Based on the investment decision of the project, the investor decides to establish a Project Management Board under their authority or assign an existing Construction Investment Project Management Board (if any) to organize project management. In cases where they are assigned as the investor for the next project, based on the actual situation of the ongoing project, the investor may assign the already established Project Management Board under their authority or the Construction Investment Project Management Board (if any) to manage the next project.

2. The Project Management Board under the investor has its own seal and may open an account at the State Treasury or a commercial bank according to legal regulations to perform the project management tasks assigned by the investor; they are responsible before the law and the investor for their project management activities.

3. The organizational structure of the Project Management Board includes the Project Management Director and professional staff, depending on the requirements and nature of the project. Members of the Project Management Board work either full-time or simultaneously with other duties according to the investor's decision.

4. The Project Management Director and individuals assigned to be in charge of the project's specialized departments must meet the conditions stipulated in points b and c, Clause 5, Article 45 of this Decree.

5. The investor specifies the functions, tasks, powers, and organizational structure of the activities of the affiliated Project Management Board.

6. The Project Management Board under the investor may hire experts to participate in project management or hire project management consultants to manage part of the work after obtaining the investor's approval. The Project Management Board under the investor is responsible to the investor and to the law for the work carried out by the project management consulting contractor.

7. The investment construction project management board under the investor, established in accordance with the provisions of this Article, shall dissolve itself after completing the assigned project management work.

Article 48. Investor self-management of the project

1. The investor shall use its legal entity status and its specialized personnel system with appropriate professional expertise and experience to organize the management of the investment construction project; the investor shall issue a decision to specifically assign the powers and responsibilities of members participating in project management. In cases where conditions are insufficient for implementation, the investor may hire experts with appropriate professional expertise and experience to participate in project management.

2. The project management director must ensure the conditions as prescribed at point b, clause 5, Article 45 of this Decree.

3. Individuals assigned to be in charge of the project's specialized department must ensure the conditions as prescribed at point c, clause 5, Article 45 of this Decree.

Chapter III. CONSTRUCTION PERMIT AND MANAGEMENT OF CONSTRUCTION ORDER

Article 49. Main contents of the construction permit

The construction permit form is in accordance with Forms No. 03, 04, 05 of Appendix II issued together with this Decree. Some main specific contents of the construction permit are as follows:

1. Name of the construction project.

2. Name and address of the investor.

3. Location and construction site of the project; construction route in case of a linear project.

4. Type and grade of the construction work.

5. Construction elevation (if any).

6. Red line limit, construction boundary (if any).

7. Construction density (if any).

8. Land use coefficient (if any).

9. For civil works, industrial works, and individual residential buildings, in addition to the contents prescribed in clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article, it must also include information on the total floor area, the construction area of the first floor (ground floor), the number of floors (including basements, attic floors, technical floors, and roof structures), and the maximum height of the entire building.

10. The construction commencement period must not exceed 12 months from the date of issuance or extension of the construction permit.

Article 50. Conditions for issuing a new construction permit

The issuance of a construction permit must comply with the conditions for granting construction permits as prescribed in clause 1, Article 44 of the 2025 Construction Law, with specific details as follows:

1. Conformity with the land use purpose according to the provisions of the land law as determined in the legal land documents in accordance with Article 55 of this Decree.

2. The construction design in the application for a construction permit must comply with the contents prescribed in point b, clause 1, Article 44 of the 2025 Construction Law, specifically:

a) Works belonging to a construction investment project: must comply with one of the corresponding types of planning as prescribed in clause 1, Article 26 of this Decree;

b) Detached residential buildings of households or individuals must comply with one of the corresponding types of planning as prescribed in points g, h, and i, clause 1, Article 26 of this Decree;

c) Works directly serving agricultural production must comply with the regulations of the provincial-level People's Committee as prescribed in clause 3, Article 178 of the 2024 Land Law.

3. Ensure the structural safety of the construction, adjacent constructions, and requirements for environmental protection, fire prevention, and firefighting; ensure the safety of technical infrastructure, protection corridors of irrigation works, dikes, energy, transportation, historical-cultural relics, scenic spots, world heritage sites, cultural landscapes of relics, related cultural spaces; ensure a safe distance to flammable, explosive, toxic works and important works related to national defense and security. Comply with regulations on the conditions for granting construction permits according to the law on cultural heritage for cultural works.

Construction works that have a significant impact on safety, community benefits, or projects with large-scale or technically complex works must have their construction design reviewed in terms of structural safety, compliance with technical regulations, applicable standards, and other contents according to the construction contract agreement. Works subject to design appraisal for fire prevention and firefighting according to 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 under the law on fire prevention, firefighting, and rescue.

4. The construction design of the works has been prepared, appraised, and approved in accordance with the provisions of the 2025 Construction Law and this Decree. Specifically, the construction design of individual residential houses by households or individuals is carried out in accordance with the provisions of the Decree on construction quality management.

5. The application file for a construction permit must be appropriate for each type of work in accordance with the provisions in Article 57 of this Decree.

Article 51. Conditions for granting construction permits for repair, renovation, and relocation of works

1. Must meet the conditions for granting construction permits as stipulated in Clauses 1, 2, 3, and 4 of Article 50 of this Decree; in the case of repair or renovation that maintains the existing scale and function of the work, it must comply with the provisions in Clauses 1, 3, and 4 of Article 50 of this Decree.

2. The relocation plan of the work must ensure occupational safety, safety for the work being relocated and neighboring works, environmental protection, and technical infrastructure systems.

3. The application file for a construction permit for repair, renovation, or relocation of works must comply with the provisions in Article 61 of this Decree.

Article 52. Conditions for granting temporary construction permits

1. General conditions for granting temporary construction permits include:

a) Located in an area with planning according to the laws on urban and rural planning or sectoral planning or detailed sectoral planning approved and announced by the competent state authority, but not yet implemented and without a land recovery decision from the competent state authority;

b) In accordance with the scale and duration of the project as prescribed by the Provincial People's Committee for each area or approved for a specific project according to management and development requirements and in accordance with the planning period;

c) In accordance with the land use purpose determined in the legal land documents of the investor requesting a construction permit for a fixed term as prescribed in Article 55 of this Decree;

d) When the validity period of the construction works specified in the temporary construction permit expires and the competent authority decides to recover the land, the investor commits to demolish the works themselves; if they do not demolish it, it will be forcibly demolished and the investor will bear all costs of demolition. In case this period expires and the planning has not been implemented, the investor is allowed to continue using the works until the competent authority decides to recover the land. Compensation, support, and resettlement when land is recovered and works are demolished shall be carried out in accordance with the provisions of the law on land.

2. Construction works granted a temporary construction permit must meet the conditions specified in Clause 1 of this Article and the provisions of Clauses 3 and 4 of Article 50 of this Decree.

3. For construction works granted a temporary construction permit, when the duration of the work specified in the construction permit expires and the planning has not been implemented, the authority that issued the construction permit is responsible for notifying about the extension of the work's duration. In case the investor still wishes to construct new works or to repair or renovate, a temporary construction permit shall be issued.

4. For construction works falling under the provisions of clause 1 of this Article and for which a commune-level land use plan has been made, a temporary construction permit shall not be issued for new construction but only for repair or renovation.

In the case that after 02 consecutive years from the date the commune-level land use plan is approved, the competent authority has not made a decision to recover the land or has not allowed the change of land use purpose according to the publicly announced commune-level land use plan without adjustments or cancellation, or has made adjustments or cancellation but has not announced the adjustment or cancellation of the commune-level land use plan, the land user has the right to request the issuance of a temporary construction permit as prescribed in Clause 2 and Clause 3 of this Article. In the case that the competent state agency makes a land recovery decision before the expiration of the construction period stated in the already issued temporary construction permit, compensation, site clearance, and land recovery shall be carried out in accordance with the provisions of the land law.

5. The provincial People's Committee shall issue specific regulations on the scale and height for new construction works and works requesting a permit for repair and renovation; the lifespan of the works as a basis for issuing a temporary construction permit.

6. The application dossier for a temporary construction permit as prescribed in Article 62 of this Decree.

Article 53. Authority to issue construction permits

1. The commune-level People's Committee shall issue construction permits for Grade III and Grade IV works, individual houses of households and individuals in their managed area (excluding works specified in clause 2 of this Article).

2. The management board of industrial zones, export processing zones, high-tech zones, and economic zones shall issue construction permits for works invested and built in industrial zones, export processing zones, high-tech zones, and economic zones within the scope of their management.

3. The Department of Construction shall grant construction permits for projects in the province that are not subject to the provisions specified in Clauses 1 and 2 of this Article.

4. Determination of the authority to grant construction permits in certain cases:

a) The competent authority to grant a construction permit is the authority competent to adjust, extend, reissue, revoke, and cancel the construction permit it has granted;

b) In case the authority competent to grant a construction permit does not revoke a construction permit that has been issued in violation of regulations, the Chairman of the Provincial People's Committee shall directly decide on the revocation of the construction permit;

c) For a project with multiple works of different types and levels, the authority to grant a construction permit shall be determined according to the work with the highest level in the project;

d) When adjusting construction design or repairing, renovating a project that changes the grade of the project, the authority to grant a construction permit is determined according to the grade of the project after design adjustment or the project after repair, renovation;

d) For a project invested and constructed attached to another project or component, the authority to grant a construction permit is determined according to the grade of the project for which the construction permit is requested.

Article 54. Procedures and content for considering the issuance, adjustment, re-issuance, and extension of construction permits

1. Organizations and individuals requesting the issuance of a construction permit shall submit a dossier requesting the issuance, adjustment, extension, or reissuance of the construction permit to the competent authority granting construction permits, in accordance with Article 46 of the 2025 Construction Law, online through the National Public Service Portal; in cases of objective or sudden incidents that prevent processing electronically, the competent authority granting the construction permit shall proceed directly at the One-Stop Service Department or through public postal services, as follows:

a) The competent authority to issue construction permits is responsible for receiving the dossiers of organizations and individuals requesting the issuance, adjustment, extension, or reissuance of construction permits. It shall check the dossiers and provide a receipt notification in cases where the dossiers comply with the regulations or provide guidance for organizations and individuals requesting construction permits to complete the dossiers in cases where the dossiers do not comply with the provisions of Article 45 of the 2025 Construction Law;

b) From the date of receiving a complete valid dossier, the time for the competent authority to issue a new building permit, adjustment, repair, renovation, relocation, or temporary permit for individual houses is within 07 working days; for other projects: the time to issue a new building permit, relocation, or temporary permit by the competent authority is within 10 working days, and the time to issue adjustment, repair, or renovation permits is within 09 working days. The time for the competent authority to extend or reissue a building permit is within 05 working days.

2. The procedure for issuing a building permit or adjusting a building permit is stipulated as follows:

a) Within 03 working days for individual housing projects or 05 working days for other projects from the date of receiving a complete application, the competent authority for granting construction permits must organize the appraisal of the dossier, conduct site inspections (if necessary). At the same time, it must compare the conditions according to the provisions of this Decree to send a written request for opinions from the state management agency on areas related to the construction project if the dossier contains incomplete or inconsistent information;

b) When appraising the dossier, the competent authority must identify missing documents, documents that do not comply with regulations, or documents that do not match reality and notify once by email or message to the organization or individual requesting the construction permit or adjustment of the construction permit to supplement and complete the dossier (if any).

Within 2 working days from the date of receiving the notification, the organization or individual requesting the issuance or adjustment of a construction permit is responsible for supplementing and completing the dossier according to the contents of the notification. In case the dossier supplementation does not meet the requirements specified in the notification, within 1 working day, the competent authority is responsible for notifying the investor of the reason for not issuing the permit. The organization or individual requesting the permit must repeat the process of applying for a construction permit or adjusting the construction permit;

c) State management agencies whose opinions are sought are responsible for responding to matters within their management functions within 2 working days from the date of receiving the dossier, except where the law provides otherwise. After this period, if these agencies do not provide opinions, it shall be considered as agreement and they must take responsibility for the matters within their management functions; the construction permit issuing authority shall base on current regulations to decide on granting or adjusting the construction permit.

3. The procedure for extending or reissuing a construction permit is prescribed as follows:

a) Within 02 working days from the date of receiving the dossier, the competent authority authorized to grant the construction permit must organize the appraisal of the dossier and conduct a field inspection (if necessary). At the same time, it shall compare the conditions according to the provisions of this Decree to send a document to obtain the opinion of the state management agency in related fields of construction works if the dossier contains incomplete or inconsistent information;

b) When appraising the dossier, the competent authority must identify missing documents, documents that do not comply with regulations, or documents that do not match reality and notify once by email or message to the organization or individual requesting the construction permit or adjustment of the construction permit to supplement and complete the dossier (if any).

Within 01 working day from the date of receiving the notice, organizations or individuals requesting an extension or reissuance of the construction permit are responsible for supplementing and completing the dossier according to the content of the notice. In case the supplementary documents do not meet the requirements stated in the notice, within 01 working day, the competent authority is responsible for notifying the investor of the reasons for not extending or reissuing the construction permit. Organizations or individuals requesting an extension or reissuance of the construction permit must redo the procedure for requesting an extension or reissuance of the construction permit;

c) State management agencies consulted are responsible for responding to matters within their management functions within 02 working days from the date of receiving the dossier, unless otherwise prescribed by law. After this period, if these agencies do not provide feedback, it is considered that they have agreed and must take responsibility for matters within their management functions; the agency issuing the construction permit shall base its decision on current regulations to decide on the extension or reissuance of the construction permit.

4. The receipt of results and payment of fees for construction permits are regulated as follows:

a) Organizations and individuals requesting the issuance of a new construction permit, adjustment, extension, or reissuance of a construction permit shall receive the results online or via postal services;

b) Organizations and individuals requesting the issuance of a new construction permit, adjustment, extension, or reissuance of a construction permit are responsible for paying the fees according to regulations when carrying out these procedures.

5. Procedure for issuing a construction permit:

a) The construction permit-issuing authority shall inspect, evaluate the application, and issue the construction permit in accordance with the procedures prescribed in Clauses 1, 2, and 3 of this Article;

b) The construction permit-issuing authority shall use its electronic signature or seal according to the form specified in Form No. 06 of Appendix II issued together with this Decree to stamp and certify the design drawings attached to the construction permit granted to the investor.

6. The construction permit-issuing authority is responsible for checking the conditions for issuing a construction permit as prescribed in Articles 50, 51, and 52 of this Decree. The verification of the contents that have been appraised, approved, and examined by the relevant agencies or organizations under the provisions of the law shall be carried out as follows:

a) Compare the conformity of the construction design drawings in the construction permit application dossier with the drawings in the Feasibility Study Report, and the detailed construction design after the project has been approved and assessed (if any); check the implementation, supplementation, and completion of the dossier as required in the notice of appraisal results of the Feasibility Study Report (if any), and the detailed construction design after the project has been approved and assessed (if any);

b) Check the conformity of the construction design drawings in the construction permit application dossier with the construction design drawings approved or appraised for fire prevention and fighting by the competent authority for construction works that require approval or appraisal of fire prevention and fighting design.

c) Check the completeness and validity of the Inspection Report for works that are required to have their construction designs inspected in accordance with the provisions of this Decree.

Article 55. Types of legal land documents for issuing construction permits

Legal land documents proving the conformity of land use purposes and ownership of works for the issuance of construction permits as prescribed in this Decree include one of the following types:

1. Certificate of land use rights, ownership of houses, and other assets attached to the land.

2. Certificate of land use rights issued according to the provisions of land law over time. Certificate of land use rights and ownership of assets attached to the land issued according to the provisions of land law over time.

3. Certificate of ownership of houses and land use rights issued according to the provisions of land law and housing law over time.

4. Certificate of house ownership; certificate of ownership of construction works that has been issued in accordance with the provisions of the law on land, the law on housing, and the law on construction over different periods.

5. Types of documents meeting the conditions for issuance of land use right certificates and certificates of ownership of assets attached to land include: Documents prescribed in Article 137 of the 2024 Land Law; other types of documents meeting the conditions for issuance of land use right certificates and certificates of ownership of assets attached to land in accordance with the provisions of the law on land.

6. Land documents for cases where land is allocated, leased, or the land use purpose is changed by the State after July 1, 2004, but there is no certificate of land use rights, ownership of houses, and other assets attached to the land according to land law, include one of the following types of documents: Decision on land allocation, land lease, permission to change land use purpose by the competent authority or land lease contract (if any), or documents on winning the land use rights auction, bidding for projects using the land.

7. Land use status report for cases where religious organizations or affiliated religious organizations are using land but have not been issued a certificate of land use rights, ownership of houses, and other assets attached to the land, to be inspected by the Provincial People's Committee where the land is located and handled according to the provisions of Articles 142 and 145 of the 2024 Land Law.

8. Documents regarding the ranking of historical-cultural relics, scenic spots, or the inventory list of relics according to the provisions of the law on cultural heritage for cases of issuing construction permits to carry out the preservation, restoration, or rehabilitation of historical-cultural relics and scenic spots, but where a certificate of land use rights, ownership of houses, and other assets attached to the land has not yet been granted as prescribed.

9. Written approval of the construction location from the district-level People's Committee (previously) or the commune-level People's Committee for construction works such as advertising boards, telecommunications stations, antenna poles, electricity poles, electric cables, distribution transformer stations, and other similar works in accordance with relevant laws in areas not classified as land for construction purposes for this type of work and where land-use purpose conversion is not permitted.

10. Legal documents regarding land of the forest owner and the forest environment lease contract between the forest owner and the organization or individual implementing an ecotourism, resort, or entertainment project in accordance with forestry law.

11. Land use right certificate or land allocation decision or land lease decision by a competent authority with the main land use purpose accompanied by a multi-purpose use plan approved by the competent authority in the case of constructing works on land used for combined multi-purpose purposes according to the provisions of Article 218 of the Land Law 2024.

12. Land lease contract between the investor constructing the work and the manager or user of traffic works, or a written approval from the competent state management authority on traffic regarding works permitted to be constructed within land allocated for traffic purposes according to the law.

13. Documents from the competent authority that have issued a land use right certificate determining the area of different types of land in cases where the land user has one of the legal land documents prescribed in Clauses 1, 2, 3, 4, and 5 of this Article, but those documents do not specify the area of the different types of land as a basis for issuing a construction permit.

14. In cases where the investor leases land or leases a work, a part of a work from the land user or the owner of the work for investment and construction, in addition to one of the aforementioned documents, the applicant for the construction permit must provide an additional contract; a legal agreement regarding the lease of the land or the leased work, or the corresponding part of the work.

15. The provincial-level People's Committee or its delegated authority to the commune-level People's Committee stipulates the area, location, purpose of use, and approves the overall site plan of construction works serving agricultural production directly on rice-growing land.

16. Other legal documents as prescribed by land law.

Article 56. General provisions on the dossiers for applying for construction permits

1. The principles for implementing the construction permit procedure are carried out in accordance with the provisions of Article 7 of this Decree. The dossier for construction permit issuance shall be implemented according to the regulations on online one-stop construction permit issuance on the National Public Service Portal; in case of objective, unexpected incidents that make it impossible to carry out electronically, the competent authority for granting construction permits shall handle it directly at the One-Stop Department or via public postal services.

2. Documents, papers, and design drawings in the construction permit application dossier must be originals, certified copies, or electronic copies with legal validity. The investor is not required to submit legal land documents for the construction permit that are already available in the national database.

3. Construction design drawings in the application for a construction permit must comply with the regulations on the specifications of construction design documents and bear the digital signature of the designing organization or individual as prescribed in Article 18 of this Decree.

4. Report on the verification results (if any).

5. The investor shall submit a complete set of documents with corresponding components in accordance with the provisions of Articles 57, 58, 59, 60, 61, and 62 of this Decree.

Article 57. Documents for requesting a new construction permit

1. For linear projects or non-linear projects:

a) Application for a construction permit as prescribed in Form No. 01 Appendix II issued together with this Decree;

b) One of the types of legal documents on land for granting a construction permit as stipulated in Article 55 of this Decree or a written approval from the competent authority on the location and route plan, or a Land Recovery Decision from the competent authority in accordance with land law regulations;

c) Project approval decision; Construction design verification report as stipulated in this Decree (if any); results of administrative procedures in accordance with fire prevention, firefighting, and rescue regulations for the construction permit application dossier (if required); results of administrative procedures on environmental protection in accordance with environmental protection law regulations (if required); written opinions from the provincial-level cultural agency (if required).

d) The set of construction design drawings in the construction design documents implemented after the project is approved, or the construction drawings for projects that only require an approved Economic - Technical Report or stamped confirmation in accordance with construction law, includes: overall site plan drawings of the entire project, site plan showing the positioning of the works on the land plot, architectural drawings of floor plans, main elevations, and sections of the building (for non-linear projects) or route location diagrams, overall site plan or cadastral plan of the works, longitudinal and cross-section drawings of the main route (for linear projects); foundation plan and foundation section drawings; drawings showing the main structural solutions of the project; connection plan drawings to the external technical infrastructure system of the project.

2. For religious, faith, and auxiliary works:

a) The application dossier for a construction permit for religious works includes documents as stipulated in Clause 1 of this Article and an approval document regarding the necessity of construction and the scale of the project from the specialized agency on faith and religion under the Provincial People's Committee;

b) The application dossier for a construction permit for faith works includes documents as stipulated in Clauses 1, 2, and Point a Clause 3 of Article 60 of this Decree, an approval document regarding the necessity of construction and the scale of the project from the specialized agency on faith and religion under the Provincial People's Committee; a report on the results of the construction design appraisal for faith works that have a significant impact on safety and community interests.

3. For monument and grand painting works:

The application dossier for a construction permit includes documents as prescribed in Clause 1 of this Article and a document from the competent state management agency on culture according to the provisions of the law on fine arts activities.

4. For advertising works, comply with the provisions of the law on advertising.

5. For works of diplomatic agencies and international organizations:

The application dossier for a construction permit for works of diplomatic agencies, international organizations, and foreign-invested agencies in Vietnam shall be implemented in accordance with the provisions corresponding to Clause 1 of this Article and the terms stipulated in the agreements or accords signed with the Government of Vietnam.

Article 58. Application dossier for a construction permit by stages

1. The application for a construction permit as prescribed in Form No. 01, Appendix II issued together with this Decree.

2. One of the types of legal land documents for granting a construction permit as prescribed in Article 55 of this Decree or a written approval from the competent authority regarding the location and route plan; land recovery decision by the competent authority for the land plot to be implemented in stages or for the entire project as prescribed by land law.

3. Documents as prescribed in Point c, Clause 1, Article 57 of this Decree.

4. Construction design drawing sets in the construction design dossier to be developed after the project is approved, or construction drawing designs for projects that only require an approved Economic-Technical Report in accordance with the law on construction, corresponding to the stage at which a construction permit is requested as prescribed in point d, clause 1, Article 57 of this Decree.

Article 59. Dossier for requesting a construction permit for the entire project or a group of works within the project.

1. The application for a construction permit as prescribed in Form No. 01, Appendix II issued together with this Decree.

2. One of the types of legal land documents for granting a construction permit as prescribed in Article 55 of this Decree for the group of works or the entire project.

3. Documents as prescribed in Point c, Clause 1, Article 57 of this Decree.

4. The set of construction design drawings in the construction design dossier to be implemented after the project has been approved in accordance with the construction laws for each works within the group of works or all works of the project that have been approved in accordance with point d, clause 1, Article 57 of this Decree for linear or non-linear works.

Article 60. Dossier for requesting a construction permit for individual houses

1. The application for a construction permit as prescribed in Form No. 01, Appendix II issued together with this Decree.

2. One of the types of legal land documents for granting a construction permit as prescribed in Article 55 of this Decree; written opinions from the provincial specialized agency on culture (in case the laws on cultural heritage require it).

3. Construction design dossier:

a) For individual residential house projects of households or individuals: a set of construction design drawings attached; results of performing administrative procedures according to the provisions of the law on fire prevention, firefighting, and search and rescue (if required); Report on the results of construction design appraisal in cases where construction law requires, including: site plan of the project on the land plot with attached location diagram of the project; floor plans of all levels, elevation views, and main sections of the project; foundation plan and foundation section drawings with attached connection diagram of external technical infrastructure systems including water supply, drainage, and electricity supply; commitment to ensure safety for adjacent works;

b) For individual residential buildings of an organization: the set of construction design drawings in the construction design documentation after the project has been approved or the construction drawing design for projects that only require the preparation of an economically and technically approved report according to the provisions of construction law, accompanied by the results of completing administrative procedures under the provisions of fire prevention, firefighting, and search and rescue law (if required); the report on the results of the construction design appraisal in case the construction law requires it, including: site plan drawings of the building plot with a diagram of the building's location; floor plan drawings, elevation views, and main section drawings of the building; foundation plan drawings and foundation section drawings with diagrams of connections to the building’s external technical infrastructure systems including water supply, drainage, and electricity supply; a commitment to ensure the safety of adjacent buildings.

Article 61. Dossier for requesting a permit for repair, renovation, and relocation of works

1. Application for a permit for repair, renovation of works, and relocation of works according to Form No. 01, Appendix II issued together with this Decree.

2. In the case of repair and renovation, it includes the following components:

a) One of the types of legal documents regarding land for granting construction permits as prescribed in Article 55 of this Decree;

b) As-built drawings of the parts of the construction project proposed for repair or renovation that have been approved according to regulations, in a scale corresponding to the scale of the drawings in the application dossier for repair or renovation permits, and photographs (minimum size 10 x 15 cm) of the existing condition of the project and adjacent projects before repair or renovation;

c) The design dossier for repair, renovation, or relocation corresponding to each type of construction as stipulated in Article 57 of this Decree.

3. In the case of relocating a construction project, the components include:

a) A copy of the document proving land use rights at the location to which the construction project will be relocated and legal documents regarding ownership of the project as prescribed by law;

b) As-built drawings of the project (if available) or design drawings describing the current state of the project to be relocated, including floor plans, foundation sections, and main structural drawings; general site layout drawings showing the location where the project will be relocated; floor plans and foundation sections at the new project site;

c) Report on the results of the survey evaluating the current quality of the project conducted by an organization with design or inspection functions;

d) The relocation plan carried out by an organization with functions in design or inspection includes an explanation of the current status of the project and the area where the project will be relocated; relocation solutions, plans for arranging the use of vehicles, equipment, and manpower; solutions to ensure the safety of the project, people, machinery, equipment, and surrounding works; environmental sanitation assurance; relocation progress; organizations and individuals implementing the project relocation; and drawings of measures for the construction of project relocation.

Article 62. Dossier proposing the issuance of a temporary construction permit

1. Based on the plan for implementing urban and rural planning, the construction site, the provincial People's Committee shall issue specific regulations on the scale and height for new construction works and works requesting a permit for repair or renovation; the lifespan of the work to serve as a basis for granting a temporary construction permit.

2. The dossier requesting a temporary construction permit shall be as prescribed for each type of work, individual housing works as stipulated in Article 57 of this Decree. Only the title of the application is changed to "Application for Temporary Construction Permit".

Article 63. Adjustment, extension of construction permit

1. During the construction process, in case of design adjustments that change any of the following contents, the investor must request an adjustment to the construction permit:

a) Changing the exterior architectural form of the construction for projects located in areas with architectural management requirements;

b) Changing any of the elements regarding the construction location, construction area, number of floors, or main structural solutions of the construction;

c) Adjusting the internal design of the construction that changes the zoning of the main functional uses inside the construction;

d) The investor is not required to adjust the construction permit in cases of adjusting the construction design that does not change the contents specified in points a, b, c of clause 1 of this Article.

2. The dossier requesting adjustment of the construction permit includes:

a) Application for adjustment of the construction permit according to Form No. 02, Appendix II issued together with this Decree;

b) Construction permit along with the accompanying set of drawings issued with the construction permit;

c) Set of adjusted construction design drawings in the construction design dossier implemented after the project is approved according to the provisions of this Decree (in case of project adjustments, the dossier must include the adjusted design in the Feasibility Study Report);

d) Report on the appraisal results and the document approving the adjusted construction design according to the provisions of this Decree, which must include content on ensuring structural safety, fire safety, environmental protection; attached with the dossiers as prescribed in point d, Clause 1, Article 57 of this Decree corresponding to the adjusted design part;

d) One of the types of legal documents regarding land for granting construction permits according to the provisions of Article 55 of this Decree in the case where the design adjustment changes the land use area or the land use function of the construction project requesting a construction permit.

3. The extension of a construction permit is regulated as follows:

a) By the time the construction permit expires for the commencement of construction, if the project has not yet started, the investor must request an extension of the construction permit. Each construction permit can only be extended a maximum of 02 times. The duration of each extension is 12 months;

b) The dossier for requesting an extension of a construction permit includes the Application for construction permit extension according to Form No. 02 Appendix II issued together with this Decree; the original or certified true copy of the construction permit or the construction permit in electronic form that has been granted;

c) The adjusted or extended construction permit is recorded directly on the original construction permit already issued or issued in the form of a supplementary appendix attached to the issued construction permit according to the corresponding form in Appendix II issued together with this Decree;

d) In case the construction has already been granted a construction permit, the investor transfers part or all of the project or contributes capital via land use rights, assets attached to the land, or splits, merges, consolidates, the organization receiving the transfer/contribution or the organization formed after the split, merger, or consolidation will inherit this construction permit.

Article 64. Reissuance of construction permit

1. The construction permit is reissued in case it is torn, damaged, or lost. The reissued permit is a copy of the previously issued permit.

2. The dossier for requesting the reissuance of the construction permit includes:

a) Application for reissuance of a construction permit according to Form No. 02, Appendix II issued together with this Decree;

b) The original or a certified copy of the construction permit that has been issued in case the construction permit is torn or damaged.

3. The application for reissuance of the construction permit according to Form No. 02, Appendix II issued together with this Decree, clearly stating the reason for requesting reissuance.

Article 65. Revocation and annulment of construction permits

1. A construction permit shall be revoked in the following cases:

a) The construction permit is issued not in accordance with the provisions of law;

b) The investor does not remedy construction that violates the construction permit within the time limit specified in the violation handling document as required by the competent authority.

2. The cancellation of the construction permit is carried out in cases where the investor does not return the construction permit within 10 working days from the date of the revocation decision by the competent authority.

3. Procedures for revoking and canceling the construction permit:

a) Within 10 working days from the date of receiving the inspection conclusion or inspection document from the state management agency on construction determining that the construction permit falls under the case specified in Clause 1 of this Article, the competent authority that revoked the construction permit shall issue a decision to revoke the construction permit;

b) The competent authority for revoking construction permits is responsible for sending the decision to revoke the construction permit to the organization/individual whose permit is being revoked and posting it on its electronic information portal; at the same time, sending the information to the commune-level People's Committee where the construction is located for public announcement at the commune-level People's Committee within 5 working days from the date of issuance of the decision;

c) For construction permits issued in paper form, the organization or individual whose construction permit is revoked must return the original construction permit to the authority that issued the revocation decision within 5 working days from the date of receipt of the revocation decision;

d) In cases where an organization or individual whose construction permit has been revoked does not return the construction permit in accordance with the provisions of Clause 2 of this Article, the competent authority issuing the revocation shall issue a decision to cancel the construction permit and notify the investor and the People's Committee of the commune where the construction works are located. The decision to cancel the construction permit must be posted on the electronic information page of the authority revoking the construction permit and integrated on the electronic information page of the local Department of Construction.

4. Organizations and individuals whose construction permits have been revoked may request the issuance of a construction permit in accordance with the provisions of this Decree after returning or canceling the construction permit and fulfilling responsibilities and obligations according to the law.

Article 66. Public disclosure of construction permits

1. The agency issuing the construction permit is responsible for publicly announcing the content of the construction permit that has been issued on its electronic information page for a minimum of 12 months from the date of issuance or extension of the construction permit.

2. The investor is responsible for publicly displaying the content of the construction permit that has been issued at the construction site throughout the construction process for organizations and individuals to monitor and supervise in accordance with relevant legal regulations.

Article 67. Management of construction order

1. The management of construction order is carried out in accordance with the provisions of Article 47 of the 2025 Construction Law.

2. The content of construction order management includes:

a) Checking the compliance with commencement conditions in accordance with the provisions of Article 48 of the 2025 Construction Law;

b) For projects with a construction permit: the management of construction order shall follow the contents of the issued construction permit and the relevant legal regulations;

c) For works that are not required to have a construction permit: check the fulfillment of conditions for not requiring a construction permit for works subject to the provisions in Clause 2, Article 43 of the 2025 Construction Law; compliance of construction with the planning used as the basis for project preparation; check the conformity of construction with the main contents and parameters of the construction design in the Feasibility Study Report that has been appraised by the specialized construction authority.

3. When a violation is detected, the competent authority managing construction order must request the suspension of construction, handle it within its authority, or recommend the competent authority to handle violations of construction order according to regulations.

4. The provincial-level People's Committee is responsible for managing construction order according to the provisions in Clause 7, Article 73 of this Decree.

Chapter IV. CONSTRUCTION OF SPECIAL WORKS

Article 68. Management of investment in construction of projects and works requiring state secrecy

1. Projects and works that require state secrecy shall be implemented in accordance with the provisions of Clause 1, Article 69 of the 2025 Construction Law.

2. The organization of implementing investment projects in construction, from project preparation, project implementation, to the completion of construction and putting the project works into operation and use, shall be carried out in accordance with the laws on state secret protection, the laws on construction investment, and as specifically stipulated in the project approval decision or investment decision.

3. After the project or construction is approved by the competent authority, if it needs to ensure state secrecy according to legal regulations, the agency, organization, or individual assigned to manage and carry out the construction of the project must ensure state secrecy from the stage of project formulation, surveying, designing, construction, construction supervision, to the stage of acceptance and putting the project into operation and use in accordance with the law on construction.

4. Relevant agencies, organizations, and individuals involved in project implementation, managing records, documents, and related information during the construction investment process must ensure state secrecy in compliance with the provisions of the law on state secrecy protection.

Article 69. Management of investment in construction of urgent projects and construction works

The management of investment in the construction of emergency projects and works as stipulated in Clause 1, Article 70 of the 2025 Construction Law is specifically regulated as follows:

1. The head of a central agency or the Chairman of the People's Committee at all levels has the authority to decide or delegate, authorize the decision to construct an emergency work within their management scope by issuing an emergency construction order.

2. The emergency construction order is made in writing and includes the following contents: the purpose of construction, the construction site, the person assigned to manage and carry out the construction, the construction duration, the estimated cost, the resources for implementation, and other necessary related requirements. The form of the emergency construction order is prescribed in Form No. 17, Appendix I, issued together with this Decree.

3. Agencies, organizations, and individuals assigned to manage and carry out the construction of emergency works are authorized to independently decide on all tasks in investment and construction activities, including: assigning organizations with individuals who have expertise and experience to immediately carry out surveying, designing, and verifying construction designs when required, construction execution, and other necessary tasks serving the construction of emergency works; deciding on the order of implementing surveying, designing, and construction; deciding on the supervision of construction and acceptance of construction works that meet the requirements of the emergency construction order.

4. The procedures for investment decision-making for emergency public investment projects shall be carried out in accordance with the provisions of the law on public investment.

5. After completing the construction of an emergency project, the person assigned to construct the emergency project is responsible for organizing the preparation and completion of the project completion dossier, including: the order to construct the emergency project; construction survey documents (if any); typical designs or construction drawing designs; construction project diaries, images documenting the construction process; acceptance records; results of tests, monitoring, measurements (if any); records of construction materials management, products, components, and equipment used for the construction project; as-built drawings; appendices of issues that need to be repaired or remedied (if any) after the construction project is put into use; and the acceptance record of the completed construction project between the investor and the contractor; the bases and grounds for determining the volume of completed work and other records, documents, and materials related to emergency construction investment activities.

6. The management, payment, and settlement of construction investment capital and other related tasks are carried out in accordance with the provisions of the relevant law; in cases where the relevant law on management, payment, and settlement of construction investment capital provides for a simplified procedure or specific provisions, these mechanisms shall be applied. The determination of construction investment costs is carried out in accordance with the regulations of the Ministry of Construction.

Article 70. Management of investment in urgent construction projects and works

1. Agencies, organizations, and individuals assigned to manage the implementation of urgent construction works as required by the Government or by the decision of the Prime Minister are allowed to carry out simultaneously and concurrently the procedures from the project preparation stage, project implementation, to construction completion. Some specific instructions are provided as follows:

a) The preparation, appraisal, and approval of planning, and the adjustment of planning as a basis for project formulation, are carried out before or concurrently with the preparation of the Feasibility Study Report and the Economic - Technical Report;

b) The separation of sub-projects; independent sub-projects; compensation, support for resettlement, and independent site clearance projects (if any) shall be carried out in accordance with the provisions of Article 28 of this Decree;

c) The Feasibility Study Report, Economic - Technical Report, and construction design are prepared and approved for each sub-project, each structure, component of the structure, or the entire project in order to promptly implement construction work; these procedures are carried out concurrently and simultaneously;

d) The adjustment of the construction design implemented after the project is approved is carried out simultaneously, concurrently with the construction process of the works;

d) In the case of preparing and approving each component project, each work, or part of the work according to the provisions in point c of this clause, before the project implementation phase is completed, the investor is responsible for consolidating the approved results of the project to submit to the investment decision-maker for approval of the entire project.

2. Quality management and construction implementation are carried out in accordance with the Decree detailing certain articles of the Law on Construction regarding quality management, construction implementation, and maintenance of construction works. Management, payment, and settlement of construction investment capital and other tasks are carried out in accordance with the provisions of the relevant laws.

3. For projects and constructions within the scope of the law on bidding, the selection of contractors shall be carried out in accordance with the provisions of the law on bidding.

4. The organization of simultaneously and concurrently performing the tasks prescribed in this Article must ensure requirements on construction safety, environment, fire prevention and fighting in accordance with the provisions of the 2025 Construction Law and relevant laws. The determination of construction investment costs shall be carried out in accordance with the regulations of the Ministry of Construction.

5. The investment decision maker, the investor shall decide on the application of the procedure for simultaneously and concurrently organizing these tasks and procedures on the principle of ensuring investment construction efficiency. The investment decision maker, the investor, and related organizations and individuals shall be responsible before the law for the work they perform.

Article 71. Special Public Investment Projects

1. The investor decides to separate the component projects; independent component projects; compensation, resettlement support, and independent site clearance projects (if any) for management and implementation. The investor has the authority to decide on the content of the feasibility study report and the construction design content in the feasibility study report to meet the appraisal requirements under point c, clause 2, Article 71 of the 2025 Construction Law:

a) When preparing the feasibility study report, the investor may decide to select some or all of the contents specified in Article 29 of this Decree for implementation;

b) The investor may choose some or all of the contents corresponding to the types of construction design specified in Articles 20, 21, and 22 of this Decree to prepare the construction design in the feasibility study report.

2. Depending on the type of design implemented after the design step in the feasibility study report, the investor may decide:

a) Select some or all of the contents prescribed in Articles 21, 22, 23 of this Decree to implement corresponding to the type of design carried out after the design phase in the Feasibility Study Report;

b) In case the design in the Feasibility Study Report is a FEED or technical design, the investor may decide to choose one or some of the contents according to the provisions of Clause 1, Article 30 of the 2025 Construction Law for appraisal as a basis for approval or acceptance of the construction design. In case the design in the Feasibility Study Report is a basic design, the investor appraises the contents according to the provisions of Clause 1, Article 30 of the 2025 Construction Law as a basis for approving the construction design.

The form of approval for construction design is decided by the investor or directly approved in the construction design documents.

3. The organization of construction management, acceptance of construction work, and acceptance of the completion of construction works:

a) The investor decides and is responsible for organizing construction management, supervision, acceptance, and acceptance of completion of stages, parts, items, and works;

b) The investor can decide on the use of designs and technical instructions that have been examined and approved or ratified according to the provisions in Clause 2 of this Article as a basis for organizing construction, supervision, and acceptance of construction work. The design consulting contractor regularly updates technical instructions, construction designs, and adjusted construction designs (if any) during the construction process and submits them to the investor for confirmation;

c) The investor and the construction supervision contractor shall organize inspections and confirm that the construction works, phases, parts of the works, and construction items have been fully carried out according to the design documents after the construction design has been completed and approved as prescribed; the results of the inspections and confirmations shall be recorded in minutes. The construction of the remaining works, phases, parts of the works, and construction items shall be carried out according to the approved design documents and technical instructions;

d) After the completion of the construction project, the investor and the relevant contractors are responsible for completing the as-built documentation of the works in accordance with the nature and conditions of project implementation, and for organizing construction management, supervision, and acceptance in accordance with the provisions at point a of this clause.

4. The management, payment, settlement of construction investment capital, and other tasks are carried out in accordance with the relevant legal regulations. The determination of construction investment costs is carried out according to the regulations of the Ministry of Construction.

Article 72. Temporary projects and construction works

1. Temporary projects and works are works as prescribed in Clause 1, Article 72 of the 2025 Construction Law.

2. For temporary construction works subject to design verification as stipulated in Clause 5, Article 26 of the 2025 Construction Law, the design of temporary construction works must be carried out by design consultant contractors and verification consultant contractors with experience in construction design and verification regarding structural safety and fire prevention and fighting, serving as a basis for the investor to organize the appraisal.

3. For projects specified in Clause 2 of this Article, before starting construction, the project owner must send the construction design dossier to the local construction management authority for acknowledgment and management.

Chapter V. IMPLEMENTATION PROVISIONS

Article 73. Implementation responsibilities

1. Ministry of Construction

a) Be responsible before the Government for implementing the unified state management over the contents under the scope of this Decree. Guide and inspect ministries, sectors, agencies, and related organizations in implementing the provisions of this Decree;

b) Direct and inspect subordinate specialized agencies in organizing the implementation of administrative procedures prescribed in this Decree;

c) Provide opinions on special-grade projects that use new technology, applied for the first time, under the appraisal authority of the construction specialized agency under the sectoral construction management ministry.

2. Specialized construction management ministries are responsible for directing and inspecting the specialized construction agencies under their authority in organizing the appraisal of feasibility study reports within their sector, specifically:

a) The Ministry of Construction for projects and works belonging to civil construction investment projects; urban area and housing construction investment projects; functional area technical infrastructure construction investment projects; light industry construction investment projects, construction material production industry, construction products, technical infrastructure, and traffic work construction investment projects;

b) The Ministry of Agriculture and Environment for projects and works belonging to construction investment projects serving agriculture and environment;

c) The Ministry of Industry and Trade for projects and works belonging to industrial construction investment projects (except projects and works managed by the Ministry of Construction as stipulated in point a of this clause);

d) The Ministry of National Defense and the Ministry of Public Security for projects and works belonging to defense and security construction investment projects.

3. The collection and expenditure by the investor or the Investment Project Management Board for construction projects using state budget capital shall be carried out in accordance with the regulations of the Minister of Finance.

4. The provincial-level People's Committee is responsible for:

a) State management and decentralization of state management authority over matters within the scope of this Decree within its administrative area according to its authority;

b) Issue procedures for appraising, approving, and adjusting Feasibility Study Reports, economic-technical reports for public investment projects, projects using regular expenditure from the state budget, and other state budget capital not subject to the regulations of public investment law as decided by the provincial or communal-level People's Committees;

c) Approve or delegate to the communal-level People's Committee the authority to approve the location, land boundary, route plan, or overall layout of construction investment projects in areas not requiring the preparation of detailed planning or subdivision planning under urban and rural planning law, or sectoral detailed planning under planning law.

5. The provincial-level People's Committee is responsible for directing and inspecting specialized construction agencies in organizing the appraisal of Feasibility Study Reports within their respective sectors, specifically:

a) The Department of Construction for projects and works belonging to investment projects in civil construction; investment projects in urban areas, residential areas; investment projects in technical infrastructure of functional zones; investment projects in light industry, construction materials industry; investment projects in technical infrastructure and investment projects in traffic construction works;

b) The Department of Agriculture and Environment for projects and works belonging to investment projects in agricultural and environmental works;

c) The Department of Industry and Trade for projects and works belonging to investment projects in industrial works (except for projects and works managed by the Department of Construction as prescribed in point a of this clause);

d) The Management Board of Industrial Parks, Export Processing Zones, High-tech Zones, Economic Zones for projects and works invested and constructed in the areas under their management.

6. Based on the specific conditions of each locality, the provincial People's Committee is authorized to adjust and delegate the appraisal authority stipulated in Clause 5 of this Article as follows:

a) Between specialized construction management departments and the management boards of industrial zones, export processing zones, high-tech zones, and economic zones regarding projects and works invested and constructed in industrial zones, export processing zones, high-tech zones, and economic zones under their management;

b) Between specialized construction management departments and the construction professional agencies under the commune-level People's Committee for construction investment projects within the administrative territory of the commune.

7. The provincial-level People's Committee is fully responsible for managing construction order for construction works in its area, except for state secret works, emergency or urgent construction works, and temporary construction works as stipulated in point a, clause 2, Article 43 of the 2025 Construction Law, specifically as follows:

a) Issuing regulations on the management of construction order in the area;

b) Delegating construction order management to the commune-level People's Committee in accordance with legal regulations and practical conditions;

c) Delegating and authorizing the receipt of construction commencement notifications as prescribed in clause 3, Article 43 of the 2025 Construction Law;

d) Directing the commune-level People's Committee to monitor, inspect, detect, prevent, and promptly handle violations in the area; directing and organizing the enforcement of construction works that violate construction order in accordance with the law;

d) Resolve important, complex, and problematic issues in the process of managing construction order in the area;

e) Ensure resources, technical conditions, and information infrastructure to serve the management of construction order; organize the compilation and reporting periodically or unexpectedly on the construction order situation as required by competent authorities.

8. The commune-level People's Committee is responsible for managing construction order in the area according to the decentralization from the provincial-level People's Committee, specifically:

a) Organize the implementation of monitoring, inspection, detection, prevention, and handling or recommending timely handling when violations occur in the area;

b) Supervise the suspension of construction, apply necessary measures to force the suspension of construction in accordance with the law on handling administrative violations;

c) Implement the coercion of construction works that violate construction order in the area according to authority or recommend competent authorities to implement coercion as prescribed.

9. Ministries, sectors, and provincial-level People's Committees are responsible for establishing, organizing, and reorganizing investment project management boards to manage construction investment projects using public investment capital under their management scope.

10. Ministries managing specialized construction works, provincial-level People's Committees, economic corporations, and state-owned general companies are responsible for sending periodic reports on December 15 every year regarding the management of construction investment activities as prescribed by the Minister of Construction, to the Ministry of Construction for aggregation and monitoring.

Provisions repealed

Article 74. Amendments, supplements, and repeal of certain provisions of Decree No. 105/2025/NĐ-CP dated May 15, 2025, of the Government detailing certain articles and measures for implementing the Law on Fire Prevention and Fighting and Search and Rescue.

1. Amend and supplement Clause 1, Article 6 as follows:

"1. Works subject to appraisal of feasibility study reports at specialized construction agencies and in Appendix III promulgated together with this Decree must be appraised by specialized construction agencies for appraisal of fire prevention and fighting designs. The appraisal of fire prevention and fighting designs in feasibility study reports and the time limit for returning fire prevention and fighting design appraisal results shall be integrated with the process of appraisal of feasibility study reports and return of appraisal results in accordance with the law on construction.".

2. To replace the phrase "construction design implemented after the basic design" with the phrase "construction design implemented after the project is approved" in Clause 3, Article 6, Point a, Clause 4, Article 9, Point dd, Clause 3, Point dd, Clause 7, Point c, Clause 8, Article 41, Point k, Clause 1, Article 42.

3. Abolish the phrase “the investor's, the owner's fire prevention and fighting design appraisal document” in point a, Clause 4, Article 9.

4. Abolish Clause 3, Article 44.

Article 75. Effectiveness

1. This decree takes effect from July 1, 2026.

2. Decree No. 175/2024/NĐ-CP dated December 30, 2024, of the Government detailing certain articles and measures to implement the Construction Law on management of construction activities shall expire from the date this Decree comes into effect.

3. Abolish certain articles and clauses of the following Decrees:

a) Article 30, Clause 2, Article 33 of Decree 67/2026/NĐ-CP dated March 4, 2026, of the Government detailing and implementing regulations on the overall technical design of investment projects for national and local railway lines;

b) Articles 4, 5, 6, and 7, Clause 3 of Article 29 of Decree No. 140/2025/NĐ-CP dated June 12, 2025, of the Government providing regulations on the delineation of authority of two-level local governments in the state management sector of the Ministry of Construction;

c) Clause 1 of Article 4, Articles 10 and 11, Appendix III issued together with Decree No. 144/2025/NĐ-CP dated June 12, 2025, of the Government providing regulations on decentralization and delegation in the state management sector of the Ministry of Construction;

d) Article 24 of Decree No. 14/2026/NĐ-CP dated January 13, 2026, of the Government amending and supplementing certain articles of decrees to reduce and simplify administrative procedures related to production and business activities under the management scope of the Ministry of Construction;

đ) Clause 1 of Article 28 of Decree No. 178/2025/NĐ-CP dated July 1, 2025, of the Government providing detailed regulations on certain articles of the Law on Urban and Rural Planning.

4. Ministers, heads of ministerial-level agencies, and chairpersons of the People's Committees of provinces and cities are responsible for implementing this Decree.

Article 76. Transitional provisions

1. Projects and construction works that have been reviewed by specialized construction agencies for the results of basic design appraisal, feasibility study reports, or partial feasibility study report appraisals according to the implementation stages of the project before this Decree takes effect are not required to be re-evaluated under the provisions of this Decree. The appraisal of feasibility study reports for the remaining stages of the project and project adjustments shall be carried out according to the provisions of this Decree.

2. Projects that have been submitted to the construction specialized agency for appraisal or appraisal of the adjusted Feasibility Study Report before this Decree takes effect and meet the conditions for appraisal but have not yet received appraisal results notification shall continue to be appraised by the construction specialized agency in accordance with the provisions of Decree No. 175/2024/NĐ-CP dated December 30, 2024 of the Government detailing a number of articles and measures for implementing the Construction Law on the management of construction activities. In case the conditions for appraisal are not met or the appraisal results indicate that the conditions are not sufficient for compilation and submission for approval, the appraisal of the Feasibility Study Report shall be carried out in accordance with the provisions of this Decree.

3. A construction project or a part of a construction project that has been notified by the specialized construction authority of the result of the appraisal of the detailed construction design following the basic design, or the adjusted construction design, and has been approved in accordance with regulations before the effective date of this Decree, the implementation of the next steps of the project or the remaining parts of the project (including the adjustment of the detailed construction design after the project has been approved) shall be carried out in accordance with the provisions of this Decree.

4. A construction project or a part of a construction project that has been appraised by the specialized construction authority of the detailed construction design following the basic design or the adjusted construction design before the effective date of this Decree but has not yet been approved, the approval and implementation of the next steps shall be carried out in accordance with the provisions of this Decree.

5. A construction project or a part of a construction project that has been submitted to the specialized construction authority for appraisal of detailed design following the basic design or adjusted construction design, but by the effective date of this Decree has not yet received notification of the appraisal results, the specialized construction authority shall suspend the appraisal and send a written notice to the investor to retrieve the appraisal dossier. The investor shall conduct the appraisal of the detailed construction design after the project has been approved, adjusted construction design, and carry out the subsequent steps in accordance with the provisions of the 2025 Construction Law and this Decree.

6. Inter-district regional planning within the validity period of the planning as prescribed by the laws on planning and rural urban areas shall be used as the basis for preparing the Feasibility Study Report of the framework technical infrastructure project. Specialized technical planning that is still valid according to the planning law shall be used as the basis for preparing the Feasibility Study Report of projects in the infrastructure sector identified in this planning.

7. Projects that have been appraised by the specialized construction authority for the basic design, Feasibility Study Report, or the fully or partially adjusted Feasibility Study Report according to the implementation phase before the effective date of this Decree, the appraisal authority shall be regulated as follows:

a) The specialized agency for construction that has carried out the appraisal of the basic design, Feasibility Study Report, adjusted Feasibility Study Report shall continue to appraise the Feasibility Study Report of the remaining stages of the project or the adjusted Feasibility Study Report of the project. In case the appraisal has been conducted by both the specialized construction agency under the ministry managing specialized construction works and the specialized construction agency under the provincial People's Committee, the authority to appraise shall be carried out in accordance with the provisions of Article 32 and Article 33 of this Decree;

b) Specifically, for construction investment projects located in Hanoi and Ho Chi Minh City, the authority to appraise the Feasibility Study Report of the remaining stages of the project or the adjusted Feasibility Study Report of the project shall be carried out in accordance with the provisions at point e, clause 1, Article 33 of this Decree.

8. Projects located in the area of 02 communes or wards or more that have had their basic design or feasibility study report, either entirely or partially by phase, appraised by the specialized construction agency under the District People's Committee before the effective date of this Decree, then the authority to appraise the feasibility study reports for the remaining phases of the project or the adjusted feasibility study reports belongs to the specialized construction agency under the Provincial People's Committee.

9. Projects for which the District People's Committee has carried out investment management tasks regarding construction as prescribed before the effective date of this Decree, the authority to perform these tasks can be transferred to the Commune People's Committee, or the specialized construction agency under the Commune People's Committee in the area of project implementation.

10. Emergency construction projects and works as stipulated in Point a, Clause 1, Article 130 of the 2014 Construction Law, as amended and supplemented by a number of provisions under Law No. 62/2020/QH14, that have already been ordered to be constructed before the effective date of this Decree shall continue to be implemented; tasks that have not yet been carried out shall be implemented in accordance with the provisions of this Decree.

11. Emergency construction projects and works as stipulated in Point b, Clause 1, Article 130 of the 2014 Construction Law, as amended and supplemented by a number of provisions under Law No. 62/2020/QH14, for which the Prime Minister has decided on special mechanisms, shall continue to be implemented; agencies, organizations, and individuals assigned to manage the construction of these works may decide to apply the provisions regarding urgent construction projects of this Decree to tasks that have not yet been carried out.

12. The investment construction project has been determined regarding the source of capital to be used in the project approval decision or in other legal documents of the competent authority, or in the case of changes in the investment capital during the project implementation before the effective date of this Decree, the subsequent tasks shall be carried out and managed corresponding to the form of investment of the project according to the provisions of this Decree.

13. Investment and construction projects, construction works that have been appraised, approved, and granted construction permits containing underground works, underground parts of constructions in accordance with the provisions of the construction law before the effective date of this Decree may continue to be implemented. The assessment of compliance with planning used as a basis for project preparation when appraising the Feasibility Study Report and granting construction permits (including adjustments) for underground public works, underground transportation works, and construction works for the purpose of connecting underground spaces shall be carried out in accordance with the provisions of this Decree.

14. The transition of project implementation applying the Build-Transfer (BT) contract type is carried out in accordance with the provisions of the law on investment through the public-private partnership method. In the case that a BT project is transitioned according to the provisions of the law on investment through the public-private partnership method, when carrying out the next steps (including adjustments), the authority, content, and procedures for appraising the Feasibility Study Report and the adjusted Feasibility Study Report by the specialized construction agency shall be conducted in accordance with the provisions for PPP projects under this Decree.

15. For construction investment projects that have had the basic design of one or several works under the project appraised by the specialized construction agency according to the provisions of the Construction Law No. 50/2014/QH13, as amended and supplemented by Law No. 62/2020/QH14, when appraising the Feasibility Study Report under the provisions of this Decree, the specialized construction agency shall only appraise the remaining works of the project.

16. Agencies or organizations that were assigned by the investment decision-maker to be the project owner of public investment projects before the effective date of this Decree shall continue to perform the assigned tasks.

17. Specialized project management boards and regional project management boards established before the effective date of this Decree are not required to be re-established in accordance with the provisions of this Decree. The activities of specialized project management boards and regional project management boards shall be carried out like investment and construction project management boards in accordance with the provisions of this Decree.

18. The form of management of investment and construction projects that has been applied to projects before the effective date of this Decree shall continue to be implemented; in case of the need for change, it shall be carried out in accordance with the provisions of this Decree.

19. For dossiers requesting the issuance, adjustment, extension, or reissuance of construction permits that were submitted in accordance with Decree No. 175/2024/NĐ-CP to the construction permit authority before the effective date of this Decree but have not yet been granted a construction permit, the issuance of construction permits shall continue to be carried out in accordance with the provisions of Decree No. 175/2024/NĐ-CP.

20. In case a construction investment project has been granted a construction permit in stages or for one or some works of the project in accordance with Decree No. 175/2024/NĐ-CP, the authority to grant construction permits for the subsequent stages or the remaining works of the project shall be carried out in accordance with the provisions of this Decree.

21. For construction works belonging to investment construction projects as prescribed in Clause 4 of this Article, the planning serves as the basis for drafting the Feasibility Study Report and at the same time as the basis for considering the issuance of construction permits.

22. The adjustment, extension, reissuance, and revocation of construction permits for construction works that have been granted by the district-level People's Committee are carried out by the commune-level People's Committee.

23. For projects identified as urban area construction investment projects in the construction planning or investment policy approved, decided, or agreed upon by the competent authority before the effective date of Decree No. 15/2021/NĐ-CP dated March 3, 2021, of the Government stipulating certain contents on the management of construction investment projects, which do not meet the scale specified at point 1, Section VIII, Appendix III issued together with this Decree, the separate regulations on urban areas according to this Decree are not required to be implemented.