What are the rights and obligations of the construction investment project formulation consultancy and the construction investment decider in the execution of construction investment projects in Vietnam?
- What are the rights and obligations of construction investment project formulation consultancy and management contractors?
- What are the rights and responsibilities of agencies and organizations appraising construction investment projects?
- What are the rights and obligations of construction investment deciders?
What are the rights and obligations of construction investment project formulation consultancy and management contractors?
Pursuant to the provisions of Article 70 of the 2014 Law on Construction in Vietnam stipulating the rights and obligations of construction investment project formulation consultancy and management contractors as follows:
- Regarding the rights:
+ To request project owners to provide information and documents related to the assigned consultancy tasks;
+ To have their intellectual property rights over their consultancy products protected in accordance with law;
+ To reject unlawful requests of project owners;
+ Other rights stated in the contracts and prescribed by relevant laws.
- Regarding the obligations:
+ To fulfill the obligations under the signed contracts in conformity with their construction capacity conditions prescribed by law;
+ To be answerable to the work quality under the signed contracts;
+ To pay compensations for damage caused to project owners when using improper information, documents, standards, technical regulations, technical solutions or improper organization of management in contravention of their contracts;
+ Other obligations stated in the contracts and prescribed by relevant laws.
What are the rights and obligations of the construction investment project formulation consultancy and the construction investment decider in the execution of construction investment projects in Vietnam?
What are the rights and responsibilities of agencies and organizations appraising construction investment projects?
Pursuant to Article 71 of the 2014 Law on Construction in Vietnam (amended by Clause 21, Article 1 of the 2020 Law on Amendments to the Construction Law), agencies and organizations appraising construction investment projects have the following rights and obligations:
Regarding the rights:
(1) Appraising agencies have the following rights:
- Request project owners, organizations and individuals formulating or verifying construction investment feasibility study reports or construction investment economic-technical reports to provide, clarify or explain information for project appraisal;
- Request project owners to hire consultancy organizations to carry out verification or invite qualified and experienced organizations and individuals to participate in the project appraisal when necessary;
- Reserve appraisal results and reject requests to falsify appraisal results or requests beyond their capacity or the scope of appraisal as prescribed.
(2) Specialized construction agencies have the following rights:
- Request project owners, organizations and individuals formulating or verifying construction investment feasibility study reports or fundamental designs to provide, clarify or explain information for project appraisal;
- Request planning or architecture-managing agency of province or city where the project is located to provide relevant planning information when necessary;
- Request project owners to hire consultancy organizations to carry out verification or invite qualified and experienced organizations and individuals to participate in the project appraisal when necessary;
- Reserve appraisal results and reject requests to falsify appraisal results.
(3) Verifying organizations have the following rights:
- Request project owners, organizations and individuals formulating construction investment feasibility study reports, construction investment economic-technical reports and fundamental designs to provide, clarify or explain information for project appraisal;
- Reserve verification results and reject requests to falsify verification results or requests beyond their capacity or the scope of verification.
Regarding the responsibilities:
(1) Appraising agencies have the following responsibilities:
- Appraise construction investment feasibility study reports and construction investment economic-technical reports in accordance with regulations laid down herein and send consolidated opinions and appraisal results given by related agencies and organizations to investment decision makers for approving projects or issue construction investment decisions;
- Take responsibility before law and investment decision makers for their own appraisal results.
(2) Specialized construction agencies have the following responsibilities:
- Verify construction investment feasibility study reports in accordance with regulations laid down herein;
- Send written notices of appraisal opinions and results to project owners and relevant agencies;
- Take responsibility before law for their own task performance results.
(3) Verifying organizations have the following responsibilities:
- Verify construction investment feasibility study reports and construction investment economic-technical reports at the request of project owners and in accordance with regulations laid down herein;
- Explain and clarify verification results for project appraisal;
- Take responsibility before law and project owners for their own verification results.
What are the rights and obligations of construction investment deciders?
According to Article 72 of the 2014 Law on Construction in Vietnam (amended by point a, clause 22, Article 1 of the 2020 Law on Amendments to the Construction Law), construction investment deciders have the following rights and obligations:
Regarding the rights:
- To approve or authorize the approval of projects and final statements of construction investment funds. For projects using public investment funds and PPP projects, assignment or authorization to approve projects shall comply with provisions of the Law on public investment and the Law on investment in the public-private partnership form;
- To disapprove the projects when the investment objectives and project efficiency cannot be achieved;
- To suspend the implementation of construction investment projects which have been approved or are underway when deeming it necessary and lawful;
- To alter or adjust construction investment projects when deeming it necessary and conformable with Article 61 of this Law.
- Other rights prescribed by law.
Regarding the responsibilities:
- To organize project appraisal and decide on construction investment;
- To ensure funding sources for implementation of construction investment projects;
- To examine the implementation of construction investment projects by project owners; to organize monitoring and evaluation of construction investment projects as prescribed in Article 8 of this Law;
- To take responsibility before law for their own decisions;
- Other obligations prescribed by law.
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