Process and time limit for appraisal and approval of construction design of the Ministry of National Defense in Vietnam

Process for appraisal and approval of construction design of the Ministry of National Defense in Vietnam

Pursuant to Article 10 of Circular 106/2021/TT-BQP, the construction design appraisal and approval process of the Ministry of National Defense is as follows:

1. Submit application for appraisal

a) Construction design approved by the Minister of National Defense: Appraisal requester shall make a report and send it to the Head of the Ministry of National Defense; at the same time, send the dossier as prescribed in Clause 2, Article 9 of this Circular to the specialized construction agency of the Ministry of National Defense;

b) Construction design approved by the head of the agency or unit: The person requesting the appraisal shall make a report and send it to the head of the agency or unit; at the same time, send the dossier as prescribed in Clause 2, Article 9 of this Circular to the specialized construction agency, unit and construction agency of the Ministry of National Defense in case the project is decided by the Minister of National Defense to invest;

c) In case it is necessary to consult with relevant agencies and organizations, the agency in charge of appraisal shall request the appraisal submitter to send the dossier to the agency in need of comments;

d) Dossier submitted for appraisal shall be sent in person or by post.

2. Construction agencies are responsible for receiving and checking the completeness and validity of dossiers submitted for appraisal.

a) Refuse to receive the application submitted for appraisal in case it is submitted to the appraising agency not in accordance with its competence as prescribed in Articles 5 and 6 of this Circular , or the dossier submitted for appraisal is not legally valid or invalid as prescribed in Article 9 of this Circular;

b) Suspend the appraisal in the following cases: Within 20 days (from the date of receipt of a written request from a specialized construction agency), the appraisal requester fails to supplement the dossier or is unable to correct the application and errors in information and data in the content of the application, leading to the inability to give appraisal results;

c) In case of refusal to accept or suspend the appraisal, the construction specialized agency shall notify in writing the appraisal requester clearly stating the reason for refusal to receive or suspend the appraisal and report to the approval level. Appraisal requester submits for re-appraisal upon request;

d) The construction agency shall return the application for appraisal in case of refusal or suspension of appraisal as prescribed at Points a and b of this Clause.

3. Appraisal results

a) The agency in charge of appraisal shall report the construction design approval level to the appraisal results as prescribed in Form No. 02 of the Appendix issued together with this Circular;

b) The construction agency of the Ministry of National Defense shall notify the appraisal results according to the provisions of Form No. 03 of the Appendix issued together with this Circular.

4. The stamping and archiving of appraisal dossiers at specialized construction agencies shall be carried out as follows:

a) The dossier submitted for appraisal, after being edited and completed, is checked and affixed by a specialized construction agency with a stamp to certify the appraised contents on the relevant drawings of 01 set of construction design drawing documents.

The specimen of the appraisal seal is specified in Form No. 05 of the Appendix issued with this Circular. Drawings already stamped for appraisal shall be returned to the person requesting the appraisal; Appraisal requesters are responsible for archiving in accordance with the law on archiving and promptly responding to requests of specialized construction agencies. Appraisal requesters are responsible for submitting a copy (PDF format) of the construction design stamped with the appraisal stamp to a specialized construction agency;

b) At the end of the appraisal, the construction agency is responsible for storing and preserving a number of documents, including: The appraisal report; conclusions of organizations and individuals participating in the appraisal; written comments of relevant agencies and organizations; notification of appraisal results; photocopies of documents already stamped with the appraisal stamp as prescribed at Point a of this Clause.

5. During the appraisal process, in case of necessity, the specialized construction agency has the right to request the appraisal requester to select an organization or individual that fully meets the capability conditions as prescribed in Article 93 of Decree No. 15/2021/ND-CP to verify the necessary contents for appraisal, specifically as follows:

a) The selection of organizations and individuals to verify construction designs shall comply with the provisions of the law on bidding;

b) The verification consultancy organization must be legally and financially independent from the investor and from the construction design consultancy contractors;

c) Verified drawings must be stamped according to regulations.

6. Construction design approval

The approval of construction design is reflected in the approval decision according to the provisions of Form No. 04 in the Appendix issued with this Circular, including the following main contents:

a) Approval person;

b) Name of the project;

c) Project name;

d) Type and grade of works;

dd) Construction site;

e) Construction survey contractor (if any);

g) Contractors make construction designs;

h) Construction design verification contractor (if any);

i) Scale, technical criteria; design solutions to efficiently use energy and save resources (if any);

k) The useful life according to the design of the work;

l) Construction estimate value for each cost item;

m) List of mainly applicable standards;

n) Other contents (if any).

Time limit for appraisal and approval of construction design of the Ministry of National Defense in Vietnam

Pursuant to Article 11 of Circular 106/2021/TT-BQP, time limit for appraisal and approval of construction design of the Ministry of National Defense is as follows:

1. The appraisal time limit is counted from the day on which the agency in charge of appraisal receives a complete and valid dossier as prescribed in Article 9 of this Circular, to the date on which the appraisal result report is issued. The appraisal deadline is as follows:

a) No more than 40 working days for works of special grade, grade I;

b) No more than 30 working days for grade II, grade III works;

c) No more than 20 working days for the remaining works.

2. Within 05 working days from the date of commencement of appraisal, depending on the nature of the works, the specialized construction agency shall consider and collect opinions from relevant agencies in the appraisal (if necessary). The time limit for comments from relevant agencies is as follows:

a) No more than 20 working days for works of special grade, grade I;

b) No more than 15 working days for grade II and grade III works;

c) No more than 10 working days for the remaining works.

3. The time limit for appraisal of the contents specified at Point a, Clause 1, Article 6 of this Circular is as follows:

a) No more than 15 working days for grade III works;

b) No more than 10 working days for the remaining works.

Best Regards!