Construction Law No. 50/2014/QH13 in Vietnam was promulgated to replace Construction Law No. 16/2003/QH11 and Article 1 of the Law on amendments and supplements of several articles related to basic construction investment No. 38/2009/QH12. Part I of the article has mentioned several fundamental new points of Construction Law No. 50/2014/QH13; Part II will continue to address some specific new contents stipulated in this Law.
Article table of contents
* Supervision and Evaluation of Construction Investment Projects in Vietnam:
Construction investment projects must be supervised and evaluated in accordance with the type of funding source: For projects using state funds, the competent state authority performs supervision and evaluation according to legal regulations on public investment and construction law, based on the content and evaluation criteria that have been approved. (Previously, a specific rule stipulated for projects using 30% or more of state funds). For projects using other funding sources, the competent state authority performs supervision and evaluation regarding the objectives, compliance with the related planning, land use, construction progress, and environmental protection. Moreover, specific regulations are established for project supervision in various cases.
Construction investment projects utilizing state funds, community contributions, and donations from domestic organizations and individuals must undergo community supervision. Within their assigned duties and authority, the Vietnam Fatherland Front at the construction site is organized to conduct community supervision (Article 8).
* Insurance Regulations in Construction Investment Activities in Vietnam:
Insurance in construction investment activities includes: Insurance of the construction during the building period; Professional liability insurance for construction investment consultancy; Insurance for materials, equipment, construction vehicles, and construction workers; Third-party civil liability insurance; Construction warranty insurance.
The responsibility to purchase mandatory insurance in construction investment activities is regulated as follows: The investor shall purchase construction insurance during the building period for projects that affect community safety, the environment, projects requiring specific technical requirements, and complex construction conditions. The consulting contractor shall purchase professional liability insurance for construction investment consultancy related to the construction survey and design for projects from level II upwards. The construction contractor shall purchase insurance for construction workers on the site.
Investors, consulting contractors, and construction contractors are encouraged to purchase various types of insurance in construction investment activities, except for cases where mandatory insurance purchase is required as stipulated above (Article 9).
* Encouraging Policies in Construction Investment Activities in Vietnam:
Domestic and international organizations and individuals are encouraged and facilitated to research and apply advanced construction science and technology, use new building materials, save energy and resources, protect the environment, and respond to climate change. They are also encouraged to conserve, embellish, and promote the values of historical monuments, cultural heritage, beliefs, and religions; provide favorable conditions for organizations and individuals to build social housing and participate in construction investment activities according to the planning in mountainous areas, areas with extremely difficult socio-economic conditions, and areas affected by climate change.
Additional regulations are defined to implement encouraging policies in construction investment activities: Entities participating in construction investment activities across all economic sectors are treated equally before the law, encouraged, and facilitated in construction investment activities; prioritizing contractors with projects awarded quality construction awards by the State when participating in construction tenders. Gradually transferring some public services currently performed by state management agencies in construction investment activities to socio-professional organizations capable and qualified to undertake.
Additionally, expanding international cooperation in construction investment activities in Vietnam:
Domestic organizations and individuals are encouraged to expand international cooperation in construction investment activities, transfer technology, techniques, management experiences, and use of new materials. The State protects the Vietnamese construction brand abroad; provides favorable conditions and measures to promote the signing and implementation of international treaties and agreements in construction investment activities between domestic and foreign organizations and individuals, based on ensuring fundamental principles in construction investment activities stipulated herein (Article 10).
(To be continued)
Source: Binh Phuoc Online
