Latest general provisions on the construction design in Vietnam

Latest general provisions on the construction design in Vietnam​ (Image from the Internet)

On December 30, 2024, the Government of Vietnam issued Decree 175/2024/ND-CP guiding Law on Construction 2014 (amended in 2020) on the management of construction activities.

Latest general provisions on the construction design in Vietnam​

According to Article 35 of Decree 175/2024/ND-CP, the general regulations on construction design are as follows:

General regulations and requirements for construction design are prescribed in Article 78 and Article 79 of Law on Construction 2014 (amended by Clause 23 Article 1 of Amended Law on Construction 2020).

- Depending on the scale and nature of the project, the number of design steps is determined in the decision approving the construction investment project.

- The content of each construction design step must comply with the provisions of Law on Construction and be suitable for the objectives and tasks set for each design step.

- For constructions designed with two or more steps, each subsequent design step must comply with the key content and technical specifications of the previous step. During the process of making detailed design following the basic design, the investor decides on design adjustments to enhance efficiency and satisfy usage requirements, provided it does not alter the basic design as specified in Clause 2 Article 23 of Decree 175/2024/ND-CP.

- The investor or the assigned agency responsible for project preparation (when the investor has not been identified) organizes construction design, except for certain design steps assigned to the developer according to contractual agreements.

- The investor is responsible for organizing the appraisal and verification of design steps implemented after the basic design, according to the provisions of Clause 1 Article 82 of Law on Construction 2014 (amended by Clause 24 Article 1 of Amended Law on Construction 2020).

New regulations on construction design tasks in Vietnam from December 30, 2024

Construction design tasks are stipulated in Article 36 of Decree 175/2024/ND-CP:

- The investor or the agency tasked with project preparation (when the investor has not been identified) prepares or hires competent organizations or individuals in construction design according to Decree 175/2024/ND-CP to set up construction design tasks.

- Construction design tasks must align with the investment policy and serve as the basis for preparing construction investment projects and construction design. The investor may hire consultative organizations or experts to comment or verify the design tasks.

- The main content of construction design tasks includes:

+ Basis for preparing construction design tasks;

+ Objectives of the construction project;

+ Construction site location;

+ Requirements for planning, landscape, and architecture;

+ Requirements on the scale, lifespan, utilities, standards, and other technical requirements of the project.

- Design tasks may be amended or supplemented to meet actual conditions to ensure efficiency and usability of the construction investment project.

- The investor or the agency entrusted with project preparation grants approval either by separate document or within the design task document for tasks hired as per Clause 1 Article 36 of Decree 175/2024/ND-CP.

Refer to more details in the Decree 175/2024/ND-CP effective from December 30, 2024.

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