What are the conditions for commencement of construction of works in Vietnam? What are the requirements on preparation of construction ground?
What are the conditions for commencement of construction of works in Vietnam?
Pursuant to the provisions of Article 107 of the 2014 Law on Construction in Vietnam (amended by Clause 39, Article 1 of the 2020 Law on Amendments to Construction Law), the commencement of construction of a work must satisfy the following conditions:
- The construction grounds are available for entire or partial handover according to the construction schedule;
- The construction permit has been granted for the work subject to the provisions of Article 89 of the 2014 Law on Construction in Vietnam;
- The construction drawing design of the work item or the work to be constructed has been approved;
- The project owner has signed a construction contract with the contractor performing construction activities related to the constructed work as prescribed by law;
- Measures have been developed to ensure safety and environmental protection in the course of construction;
- The project owner has sent the written notification of the construction starting date to the local construction management agency at least 03 working days before the commencement of construction.
What are the conditions for commencement of construction of works in Vietnam? What are the requirements on preparation of construction ground?
What are the requirements on preparation of construction ground?
Pursuant to the provisions of Article 108 of the 2014 Law on Construction in Vietnam, the preparation of construction ground must meet the following requirements:
- The recovery, allocation and lease of land and compensation and ground clearance for construction must comply with the land law. People’s Committees at all levels shall direct and organize the compensation and support for ground clearance and resettlement for construction investment projects in accordance with law.
- The duration of construction ground clearance must meet the requirements on project implementation progress as approved or decided by competent persons.
- The handover of construction grounds in whole or in part for construction must be as agreed between the project owner and construction contractor.
- Funds for compensation and support for ground clearance and resettlement (if any) shall be ensured.
What are the requirements on construction sites?
Pursuant to the provisions of Article 109 of the 2014 Law on Construction in Vietnam, the requirements on construction sites are as follows:
- Project owners shall install signboards at construction sites, except for separate houses with under 7 stories. The contents of a signboard include:
+ Title and size of the work;
+ Dates of commencement and completion;
+ Names, addresses and telephone numbers of the project owner, construction contractor, construction designing organization and construction supervision organization or individual;
+ Perspective drawings of the work.
- Construction contractors shall manage the entire construction sites in accordance with law, except the case in which the project owner organizes the management. Contents of management of a construction work include:
+ There must be fences, guard posts and conspicuous signboards to ensure separation between the construction site and outside;
+ The layout of the construction site within the construction boundary of the work must be in line with the approved general construction ground design drawing and the specific conditions of the construction site;
+ Supplies, materials and equipment pending installation must be neatly arranged according to the general construction ground design;
+ Within the construction site there must be signboards of the general ground plan, safety, fire and explosion prevention and fighting and other necessary signboards.
- Construction contractors shall take measures to ensure safety for people and vehicles entering and leaving the construction sites, collect and treat construction wastes in a proper manner without badly affecting the environment around the construction sites.
How are building materials regulated?
Pursuant to the provisions of Article 110 of the 2014 Law on Construction in Vietnam (amended by Clause 40, Article 1 of the 2020 Law on Amendments to Construction Law) on the building materials as follows:
- Development, production and use of building materials must ensure the safety, efficiency, environmental friendliness and reasonable use of natural resources.
- Materials and structures used in a construction work must comply with the approved construction designs and technical instructions (if any), and ensure quality in accordance with the law on standards and technical regulations, and the law on quality of products and goods.
- Building materials used for manufacture and processing of semi-finished products must comply with Clauses 1 and 2 Article 110 of the 2014 Law on Construction in Vietnam.
- Priority shall be given to using local materials, domestically manufactured and processed building materials and construction products, and products with high domestic contents.
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