Procedures for appraising construction investment feasibility study reports in Vietnam

Procedures for appraising construction investment feasibility study reports in Vietnam (Internet image)

On October 26, 2023, the Ministry of Construction issued Decision 1105/QD-BXD announcing amended and supplemented administrative procedures; replacement in the field of construction activities within the scope of state management functions of the Ministry of Construction.

1. Procedures for appraisal of Central-level construction investment feasibility study report in Vietnam

(1) Implementation order;

- The person requesting appraisal submits 01 set of dossiers requesting appraisal of Construction Investment Feasibility Study Report/ Adjusted Construction Investment Feasibility Study Report to the Department receiving and returning results of handling administrative procedures under the Ministry Office or a specialized construction agency under one of the Ministries (Construction, Transport, Industry and Trade, Agriculture, and Rural Development).

- Within 05 working days after receiving the dossier, the specialized construction agency is responsible for:

+ Send a written request for additional documents;

+ Return the appraisal dossier and have a document clearly stating the reason for refusing to carry out the appraisal in the following cases: Not in accordance with the authority of the specialized construction agency, or the person requesting the appraisal does not have the right authority according to the provisions of Decree 15/2021/ND-CP, amended in Decree 35/2023/ND-CP; Not subject to appraisal at a specialized construction agency; Documents submitted for appraisal do not guarantee legality or are invalid;

+ Send documents to competent fire prevention and fighting agencies to collect opinions on fire prevention and fighting solutions of the basic design (if requested by the investor).

- Within 20 days from the date of receiving the request from the specialized construction agency, if the person requesting the appraisal does not supplement the dossier, the specialized construction agency stops the appraisal, and the person requesting the appraisal submits the appraisal again upon request.

- During the appraisal process, construction specialized agencies have the right to temporarily suspend appraisal (no more than 01 time) and promptly notify in writing the appraisal requester of errors and omissions in information and data in the dossier content that lead to the inability to draw appraisal conclusions. In the event that the above errors and omissions cannot be corrected within 20 days, the specialized construction agency stops the appraisal, and the appraisal requester submits the appraisal again upon request.

- Within no more than 80 days (for important national projects that do not use public investment capital), 35 days (for group A projects), 25 days (for group B projects), and 15 days (for group C projects) from the date of receipt of complete and valid documents, the specialized construction agency will issue a written notice of appraisal results accompanied by a stamped copy of the documents.

(2) Submission methods: The person requesting appraisal submits the application directly, via postal service, or online to the Department for receiving and returning administrative procedure resolution results under the Ministry's Office or a specialized construction agency under one of the Ministries (Construction, Transport, Industry and Trade, Agriculture, and Rural Development).

(3) Components and quantity of documents:

* Application components:

- Submission for appraisal of the Construction Investment Feasibility Study Report/adjustment of the Construction Investment Feasibility Study Report according to Form No. 01 Appendix I of Decree 15/2021/ND-CP;

Form No. 01

- Document on project investment policy according to legal regulations on investment, public investment, and investment in the public-private partnership mode;

- Decide on the selection of an architectural design plan through an examination according to regulations and the selected design plan attached (if required);

- Approval document/decision and attached drawings (if any) of one of the following types of planning: Detailed construction planning approved by a competent authority; Planning of other specialized technical nature according to the provisions of the law on planning; The project route plan and project location are approved by competent state agencies; Construction zoning planning in cases where there is no requirement to prepare detailed construction planning;

- Written opinions on fire prevention and fighting solutions of the basic design: written results of implementing environmental impact assessment procedures or environmental permits according to the provisions of law on environmental protection (if required according to the provisions of law on fire prevention and fighting and environmental protection); Procedures for fire prevention, fighting, and environmental protection are carried out according to the principle of concurrency without requiring the presentation of these documents at the time of submitting the appraisal dossier, but the results must be sent to the specialized construction agency 5 working days before the deadline for notification of appraisal results. In case the investor requests to carry out procedures to obtain opinions on fire prevention and fighting solutions of the basic design according to the one-stop shop mechanism when appraising construction investment feasibility study reports at specialized construction agencies, the investor shall submit an additional set of documents according to the provisions of the law on fire prevention and fighting.

- Documents of agreement and confirmation on the project's technical infrastructure connection; Document approving the height of the construction according to the Government's regulations on managing the height of aviation obstacles and locations for managing and protecting the airspace in Vietnam (in case the project does not belong to an area or subject that requires consensus on the construction height management surface at the construction planning approval stage) (if any);

- Other relevant legal documents (if any);

- Approved construction survey documents; explanation of construction investment feasibility study report; basic design or other design according to international practices to serve the preparation of construction investment feasibility study reports (including drawings and explanations); List of standards mainly applicable to the project;

- List of contractors with capacity certificate codes of survey contractors, basic design contractors, and verification contractors (if any); Construction practice certificate codes of construction survey managers; Head and chair of design subjects and establish total investment; in charge of verification;

- For projects using public investment capital or state capital other than public investment that require consideration of total investment, the appraisal dossier must also have the following contents: total investment; relevant information and data on prices and norms; a quotation; and price appraisal results (if any).

* Number of documents: 01 (set)

2. Procedures for appraising the provincial-level construction investment feasibility study report in Vietnam

(1) Implementation order:

- The person requesting appraisal submits directly or via postal service or online 01 set of documents requesting appraisal of Construction Investment Feasibility Study Report/Adjusted construction investment feasibility study report to the Provincial Public Administration Service Center, the Department of Receiving and Returning Results of Administrative Procedures of the Department of Construction, the Department of Transport (or the Department of Transport-Construction),  the Department of Industry and Trade, the Department of Agriculture and Rural Development, or the Management Board of industrial parks, export processing zones, high-tech parks, and economic zones. Hereinafter referred to as the Provincial Construction Specialized Agency.

- Within 05 working days after receiving the dossier, the specialized construction agency is responsible for:

+ Send a written request for additional documents.

+ Return the appraisal dossier and have a document clearly stating the reason for refusing to carry out the appraisal in the following cases: Not in accordance with the authority of the specialized construction agency, or the person requesting the appraisal does not have the right authority according to the provisions of Decree 15/2021/ND-CP, amended and supplemented by Decree 35/2023/ND-CP; not subject to appraisal at a specialized construction agency; the documents submitted for appraisal do not guarantee legality or are invalid.

+ Send documents to competent fire prevention and fighting agencies to collect opinions on fire prevention and fighting solutions of the basic design (if requested by the investor).

- Within 20 days from the date of receiving the request from the specialized construction agency, if the person requesting the appraisal does not supplement the dossier, the specialized construction agency stops the appraisal, and the person requesting the appraisal submits the appraisal again upon request.

- During the appraisal process, the specialized construction agency has the right to temporarily suspend the appraisal (no more than 01 time) and promptly notify the appraisal requester in writing of errors and omissions in information and data in the dossier content, making it impossible to draw appraisal conclusions. In the event that the above errors and omissions cannot be corrected within 20 days, the specialized construction agency stops the appraisal, and the appraisal requester submits the appraisal again upon request.

- Within no more than 80 days (for important national projects that do not use public investment capital), 35 days (for group A projects), 25 days (for group B projects), and 15 days (for group C projects) from the date of receipt of complete and valid documents, the specialized construction agency will issue a written notice of appraisal results accompanied by stamped drawing documents.

(2) Submission methods: Submit the application directly, via postal service, or online.

(3) Components and quantity of documents:

* Application components:

- From the appraisal of the Construction Investment Feasibility Study Report according to Form No. 01 Appendix I of Decree 15/2021/ND-CP.

- Document on project investment policy according to legal regulations on investment, public investment, investment in the public-private partnership mode.

- Decide on the selection of an architectural design plan through an examination according to regulations and the selected design plan attached (if required).

- Approval document/decision and attached drawings (if any) of one of the following types of planning: Detailed construction planning approved by a competent authority; Planning of other specialized technical nature according to the provisions of law on planning; The project route plan and project location are approved by competent state agencies; Construction zoning planning in cases where there is no requirement for detailed construction planning.

- Written opinions on fire prevention and fighting solutions of the basic design; Document of results of implementation of environmental impact assessment procedures or environmental permits according to the provisions of the law on environmental protection (if required according to the provisions of the law on fire prevention, fighting, and environmental protection).

Procedures for fire prevention, fighting, and environmental protection are carried out according to the principle of concurrency without requiring the presentation of these documents at the time of submitting the appraisal dossier, but the results must be sent to the specialized construction agency 5 working days before the deadline for notification of appraisal results. In case the investor requests to carry out procedures to collect opinions on fire prevention and fighting solutions of the facility design according to the interconnected one-stop mechanism when appraising the feasibility study report for construction investment at the facility, To specialized construction authorities, the investor shall submit an additional set of documents according to the provisions of the law on fire prevention and fighting.

- Documents of agreement and confirmation on the project's technical infrastructure connection; Document approving the height of the construction according to the Government's regulations on managing the height of aviation obstacles and locations for managing and protecting the airspace in Vietnam (in case the project does not belong to an area or subject that requires consensus on the construction height management surface at the construction planning approval stage) (if any).

- Other relevant legal documents (if any).

- Approved construction survey documents; explanation of construction investment feasibility study report; basic design or other design according to international practices to serve the preparation of construction investment feasibility study reports (including drawings and explanations); Standard lists mainly apply to projects.

- List of contractors with capacity certificate codes of survey contractors, basic design contractors, and verification contractors (if any); construction practice certificate codes of construction survey managers; Head and chair of design subjects and establish total investment; chairman in charge of inspection

- For projects using public investment capital or state capital other than public investment that require consideration of total investment, the appraisal dossier must also have the following contents: total investment; relevant information and data on prices and norms; quotation; and price appraisal results (if any).

* Number of documents: 01 (set)

More details can be found in Decision 1105/QD-BXD, taking effect on June 20, 2023. fully annulling Decision 700/QD-BXD dated June 8, 2021.

Ho Quoc Tuan

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