The Ministry of Construction's request regarding strengthening the management of construction investment activities in Vietnam

On May 21, 2024, the Ministry of Construction issued Official dispatch 2198/BXD-HDXD on strengthening operations management construction investment in Vietnam.

The Ministry of Construction's request regarding strengthening the management of construction investment activities in Vietnam

The Ministry of Construction's request regarding strengthening the management of construction investment activities in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows: 

The Ministry of Construction's request regarding strengthening the management of construction investment activities in Vietnam 

Through the implementation of the feasibility study report evaluation for construction investment at the specialized construction agency under the Ministry of Construction, there has been a recent occurrence of projects and constructions violating regulations regarding project management in construction. These violations include: conducting construction without a construction permit, deviating from the content stipulated in the construction permit, failure to carry out project planning, design approval, and construction implementation following the established foundation design before commencing construction, and the lack of inspection by the specialized construction agency for the completion of construction works before putting them into operation, etc.

The Ministry of Construction proposes that the People's Committees of provinces and centrally-run cities direct and implement the following actions:

- Strengthen the dissemination and awareness of the provisions of the Construction Law 2014 amended by Law No. 62/2020/QH14, Decree 15/2021/ND-CP, Decree 06/2021/ND-CP, Decree 16/2022/ND-CP, Decree 35/2023/ND-CP, etc., relating to compliance with construction planning, construction permits, and quality management of construction works, so that the local authorities and investors shall have a clear and serious understanding of and comply with the legal regulations on project management in construction and construction works.

- Enhance inspection and examination activities to promptly detect and strictly handle cases of violations concerning the management of construction orders within the locality, particularly unauthorized construction, illegal construction, and constructions that do not conform to the approved planning and fail to comply with the regulations on project management in construction.

- For constructions with violations of construction orders, measures shall be taken to handle the violations in accordance with the law, preventing the legitimization of misconduct by individuals and organizations in the construction sector.

- Regarding projects and construction, the specialized construction agency shall note the additional requirements or improvements in the announcement of the results of the feasibility study report on construction investment. These requirements need to be fulfilled to meet the conditions for approval or for proceeding to the next steps. Existing issues shall be addressed prior to the issuance of construction permits:

+ The competent authority for granting construction permits shall only issue the permits after the construction investment project meets the necessary requirements, and the construction design follows the approved foundation design, complying with the regulations and requirements for granting construction permits.

+ In cases where there are requirements for rectification or supplementation before granting construction permits, the competent authority shall verify the fulfillment of these requirements before considering and evaluating the issuance of the construction permits, as stipulated.

- For any issues that encounter obstacles or deficiencies that require research, modification, and supplementation to align with the actual situation, the local authorities shall compile reports and submit them to the Ministry of Construction for consideration and appropriate amendments according to their jurisdiction, or propose the competent authorities to study and make necessary modifications and additions.

Nguyen Ngoc Que Anh

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