Documents and Procedures for Appraising the Feasibility Study Report for Construction Investment: What are the Regulations?
What does the feasibility study report assessment dossier for construction investment include?
According to the regulations in Subsection 1, Section 1 of Administrative Procedures Decision 1105/QD-BXD 2023, the feasibility study report assessment dossier for construction investment includes:
- A submission for assessment of the feasibility study report for construction investment according to Form No. 01 Appendix I of Decree 15/2021/ND-CP;
- A document on the construction investment policy as per the law about investment, public investment, and investment in the form of public-private partnerships;
- A decision to select the architectural design plan through the competition process as required and the selected design plan attached (if required);
- Approval documents and attached drawings (if any) of one of the following types of planning: Detailed construction planning approved by the competent authority; other technical specialized planning as per the planning law; project route plan, project location approved by the state authority; construction subdivision planning in case there is no requirement to prepare detailed construction planning;
- Written opinions on fire prevention and fighting solutions of the basic design: document results of environmental impact assessment or environmental permit as per the environmental protection law (if required by law about fire prevention and fighting, environmental protection); Fire prevention and fighting, environmental protection procedures are implemented concurrently, not requiring these documents at the time of submitting the assessment dossier but must have results sent to the specialized construction authority 5 working days before the assessment results. If the investor requests to obtain opinions on fire prevention and fighting solutions of the basic design through the one-stop mechanism when assessing the feasibility study report for construction investment at the specialized construction authority, the investor submits an additional set of documents as per the fire prevention and fighting law.
- Agreements and confirmations regarding the project's technical infrastructure connection; documents approving the construction height according to the Government of Vietnam's regulations on managing aviation obstacle heights and airspace management and protection zones (if the project is not in an area or object requiring unified opinions on construction height management at the construction planning approval stage) (if any);
- Other relevant legal documents (if any);
- Approved construction survey dossier; the explanation of the feasibility study report for construction investment; base design or other design conforming to international practices for preparing the feasibility study report for construction investment (including drawings and explanations); the list of main standards applied to the project;
- List of contractors with competency certificate numbers of the construction survey contractor, base design contractor, assessment contractor (if any); construction activity practicing certificate numbers of the heads of construction surveys; heads and leads of design disciplines, total investment preparation; heads, leads of assessment;
- For projects using public investment capital, state capital outside public investment that requires total investment consideration, the assessment dossier must also include the following contents: total investment; related price, norms information, and data; quotation, assessment results (if any).
What are the regulations on the assessment dossier and feasibility study report procedure for construction investment?
How is the latest central-level feasibility study report assessment procedure for construction investment implemented?
According to regulations in Subsection 1, Section 1 of Administrative Procedures Decision 1105/QD-BXD 2023, the latest central-level feasibility study report assessment procedure for construction investment is implemented as follows:
Procedure order:
- The requester submits one set of the feasibility study report assessment dossier for construction investment to the administrative procedure receiving and handling section of the Ministry Office or a specialized construction agency under one of the Ministries (Construction, Transport, Industry and Trade, Agriculture and Rural Development).
- Within 5 working days after receiving the dossier, the specialized construction agency must:
+ Send a document requesting additional dossier;
+ Return the assessment dossier and document stating refusal reasons if: the request is beyond the authority of the specialized construction agency or the submitter is not authorized as per Decree 15/2021/ND-CP amended and supplemented by Decree 35/2023/ND-CP; the project doesn't fall under the assessment jurisdiction of the specialized construction agency; the submitted dossier is legally invalid or not legitimate;
+ Send a document to relevant fire prevention and fighting agencies to obtain opinions on fire prevention and fighting solutions of the basic design (if the investor requests).
- Within 20 days from receiving the request from the specialized construction agency, if the requester does not submit the additional dossier, the specialized construction agency stops the assessment, and the requester must resubmit the dossier when required.
- During the assessment, the specialized construction agency can pause the assessment (not more than once) and promptly notify the requester in writing about errors or information and data deficiencies leading to the inability to conclude the assessment. If the mentioned errors or deficiencies cannot be corrected within 20 days, the specialized construction agency stops the assessment, and the requester must resubmit the dossier when required.
- Within a maximum of 80 days (for national important projects not using public investment capital), 35 days (for group A projects), 25 days (for group B projects), 15 days (for group C projects) from the date of receiving a complete valid dossier, the specialized construction agency issues a notification of the assessment results along with a stamped dossier.
Method of implementation: The requester submits the dossier directly, via postal service, or online to the administrative procedure receiving and handling section of the Ministry Office or a specialized construction agency under one of the Ministries (Construction, Transport, Industry and Trade, Agriculture and Rural Development).
What is the time frame for resolving the feasibility study report assessment procedure for construction investment?
According to regulations in Subsection 1, Section 1 of Administrative Procedures Decision 1105/QD-BXD 2023, the time frame for resolving the feasibility study report assessment procedure for construction investment is as follows:
Within a maximum of 80 days (for national important projects not using public investment capital), 35 days (for group A projects), 25 days (for group B projects), 15 days (for group C projects) from the date of receiving a complete valid dossier.
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