Application for appraisal of feasibility study report by the construction authority under latest regulations in Vietnam

Application for appraisal of feasibility study report by the construction authority under latest regulations in Vietnam (Internet image) 

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

1.  Application for appraisal of feasibility study report by the construction authority under latest regulations in Vietnam

Application for appraisal of feasibility study report by the construction authority according to Article 14 of Decree 15/2021/ND-CP (amended in Decree 35/2023/ND-CP) are as follows: after:

- The applicant shall submit 1 set of application for appraisal to the construction authority. The application for appraisal shall be submitted in person or by post.

- The application for appraisal shall ensure the legality and conformity with the matters seeking appraisal. The application for appraisal shall be considered valid when it has full contents specified in clause 3 hereof, is made in proper format, primarily written in Vietnamese and certificated by the applicant. The part of the architectural design documents in the construction design documents (if any) should comply with the provisions of the law on architecture.

- An application for appraisal of feasibility study report includes: Application form for appraisal using the form No. 01 of Appendix I to Decree 15/2021/ND-CP, feasibility study report and legal documents attached, in specific:

+ Investment policy document as per law on investment, public investment, public-private partnerships investment;

+ Decision on selection of architectural design plan through the examination according to the regulations and the selected design plan enclosed (if required);

+ The approval document/decision and enclosed drawings (if any) of one of the following planning types: Construction detailed planning approved by a competent authority; plannings of other specialized fields in accordance with the planning law; route plan, site location approved by a competent authority for works built by routes; construction zoning planning in case no construction detailed planning is required;

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

Procedures for fire safety and environmental protection shall be completed in parallel, no relevant document is required at the time of submission of the appraisal application, but the results of implementation of fire safety and environmental protection procedures shall be sent to the construction authority within 05 working days before the deadline for notification of appraisal result. In case the investor wishes to seek opinions on fire safety solutions of the basic design following the interlinked single-window system when appraising the feasibility study report at the construction authority, the investor shall submit an additional application in accordance with the law on fire safety;

+ Agreement and certification of technical infrastructure connection of the project; a written approval for the height of the work according to the Government's regulations on the management of the height of aerial obstacles and the airspace control and air defense system in Vietnam (in case the project is not in the area or subject to request for consultation on the work elevation management surface at the stage of construction planning approval) (if any);

+ Other relevant legal documents (if any);

+ Approved construction survey documents; notes to feasibility study report; basic design or other designs according to international practice for the preparation of feasibility study report (including drawings and notes); list of standards mainly applied to the project;

+ List of contractors, together with construction eligibility certificate codes of the survey contractor, construction design contractor, assessment contractor (if any); construction practice certificate codes of the titles of construction survey president, design or investment estimate president, chairperson; assessment president, chairperson;

+ For projects funded by public investment capital or state capital other than public investment capital that require consideration of total investment, in addition to the contents specified above, the application submitted for appraisal must contain the following details: total investment; relevant information and data on prices and norms to determine total investment; quotes, valuation results (if any).

2. Appraisal of pre-feasibility study report in Vietnam

Appraisal of pre-feasibility study report in Vietnam according to Article 10 of Decree 15/2021/ND-CP as follows:

- The appraisal of pre-feasibility study report in the application for the approval of investment policy shall comply with the provisions of the Law on Investment; the appraisal of pre-feasibility study report with regard to public investment project, PPP project is done in accordance with the law on public investment, the law on public-private partnership investment.

- After the investment policy of a project is decided or approved by a competent authority under the provisions of Clause 1 of this Article, the investor or the agency assigned to perform pre-construction tasks shall complete the pre-feasibility study report as a basis for executing next steps in accordance with relevant laws.

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