Proposal to supplement regulations on appraisal of construction investment research in Vietnam

The proposal to supplement the guidelines related to appraisal of construction investment research is the content in Draft Decree amending Decree 15/2021/ND-CP on the management of construction investment projects in Vietnam.

Proposal to supplement regulations on appraisal of construction investment research in Vietnam (Illustration)

Specifically, some appraisal contents of construction investment research reports of specialized agencies in construction have been amended as follows:

1. Appraisal of construction investment research in Vietnam

- Amending and supplementing Point a, Clause 1, Article 13 of Decree 15/2021/ND-CP on appraisal of public investment capital construction in Vietnam as follows:

"a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects assigned by the Prime Minister; group A project; group B projects with the investment decisions made by the heads of central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, State Audit, the President's Office, Office of the National Assembly, ministries, ministerial-level agencies, Governmental organizations, central agencies of Vietnamese Fatherland Front and socio-political organizations (hereinafter referred to as central agencies) or other individuals authorized or delegated by the former people; projects located in 2 provinces or more; projects of group C under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated) or other agencies/individuals authorized or delegated by the Ministry in charge of field-based construction works; except for works specified at Point c of Decree 15/2021/ND-CP;".

(Compared to the current level, it is proposed to add special works, level I to the appraisal content, besides excluding Group C projects in management, decentralization and investment authorization).

- Amending and supplementing Point a, Clause 2, Article 13 of Decree 15/2021/ND-CP as follows:

"a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects with investment policies approved by the National Assembly or the Prime Minister; group A projects; group B projects with the investment decisions made by Ministers, heads of central agencies, heads of economic groups or state-owned general companies established under decision of the Prime Minister (hereinafter referred to as economic groups, state-owned general companies) or other individuals authorized or delegated by the former people; projects with works of special class, class I; projects located in 2 provinces or more; projects of group C under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated) or other agencies/individuals authorized or delegated by the Ministry in charge of field-based construction works; except for works specified at Point c, Clause 2, Article 13 of Decree 15/2021/ND-CP;".

(Compared to the current level, it is proposed to add special level works, level I to projects A and B, remove economic group, state corporation that decides to invest or decentralize, authorize projects with special level works, level I. Along with the elimination of the group C project).

- Amending and supplementing Point a, Clause 3, Article 13 of Decree 15/2021/ND-CP as follows:

"a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects with project policy decided by the Prime Minister; projects approved by the heads of central agencies or other agencies in accordance with law on public-private partnership investment or other individuals authorized or delegated by the former people; projects with works of special class, class I; projects located in 02 provinces or more in Vietnam;"

(Compared to the current, proposed elimination of project approval or decentralization, authorization of special level project approval, level I).

- Amending and supplementing Point a, Clause 4, Article 13 of Decree 15/2021/ND-CP as follows:

"a) The construction authorities under Ministries in charge of field-based construction works shall appraise projects with investment policies approved by the National Assembly or the Prime Minister; group A projects; projects with works of special class, class I; projects located in 02 or more provinces in Vietnam".

(Compared to the current time, it is proposed to supplement the Group B project with special works, level I).

- Adding to Clause 6 after Clause 5, Article 13 of Decree 15/2021/ND-CP as follows:

“6. For projects implemented under component projects, the appraisal competence of the construction investment feasibility study report of the specialized agency on construction for the component project shall be determined according to the group of the overall project (in case the investment policy decision or approval procedure is required but the investment policy decision or approval decision does not contain the expected content of the component project); it shall be determined according to the group of component projects for the remaining cases in Vietnam.”.

2. An application for appraisal of construction investment research in Vietnam

The proposed amendments and supplements to Point d, Clause 3, Article 14 of the Decree 15/2021/ND-CP are as follows:

"d) Written opinions on fire safety solutions of the basic design; written results of environmental impact assessment in accordance with the law on environmental protection in Vietnam (if required under the law on fire safety, and environmental protection).

The procedures on fire prevention and environmental protection in Vietnam are implemented according to the principle of simultaneous compliance, not required to present these documents at the time of submission of the appraisal dossier, but the results must be sent to the specialized agency in construction before the 05-day notice period.

In case the investor requests to consult on fire prevention and fighting solutions of the basic design according to the one-stop shop mechanism when appraising the feasibility studyreport of construction investment at a specialized agency in construction, the investor shall submit 01 additional dossier in accordance with the law on fire prevention and fighting;".

(This draft has been amended and supplemented at Point d, Clause 3, Article 14 of Decree 15/2021/ND-CP as follows):

The procedures for fire prevention and environmental protection must be carried out according to the principle of simultaneous implementation, not requiring the presentation of documents at the time of appraisal but must have results before 05 days.

Regarding the investor's procedures for collecting opinions on fire prevention solutions, an additional dossier must be submitted according to regulations).

See also the draft amendments and supplements to Decree 15/2021/ND-CP.

Nhu Mai

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