Regulations on Application of construction classes in management of construction investment in Vietnam

Principles of determining construction classes in Vietnam

(1) Construction classes under Circular 06/2021/TT-BXD are determined based on following criteria:

- Level of importance, capacity level: Apply to independent constructions or a group of constructions or a technology line consisting of multiple work items under construction investment projects based on structures under Annex I attached to Circular 06/2021/TT-BXD;

- Scale: Apply to independent constructions under construction investment projects based on types of structures under Annex II attached hereto.

(2) Class of an independent construction shall be the highest class determined under Annex I and Annex II attached hereto. In case independent constructions are not specified under Annex I attached hereto, construction classes shall be determined according to Annex II attached hereto and vice versa.

(3) Construction class of a combination of constructions or a technology line consisting of multiple work items is determined as follows:

- In case of groups of constructions or technology lines consisting of multiple work items under Annex I hereof, construction class shall conform to Annex I of Circular 06/2021/TT-BXD;

- In case of groups of constructions of technology lines consisting of multiple work items not specified under Annex I of Circular 06/2021/TT-BXD, construction class is determined based on the highest classes of primary constructions (of groups of constructions or technology lines). Classes of primary constructions shall conform to Clause 2 of Article 2 of Circular 06/2021/TT-BXD.

(4) Class of current constructions that are repaired, renovated, and upgraded is determined as follows:

- In case the repair, renovation, or upgrade alters criteria for determining construction classes under Clause 1 of this Article, classes of constructions after repair, renovation, and upgrade are determined according to this Article;

- For cases other than those under Point a of Clause 4 of Article 2 of Circular 06/2021/TT-BXD, classes of constructions before and after repair, renovation, and upgrade do not change.

Pursuant to: Article 2 of Circular 06/2021/TT-BXD

Regulations on Application of construction classes in management of construction investment in Vietnam (Internet image) 

Application of construction classes in management of construction investment in Vietnam

(i) Construction classes under this Circular are applied to serve as the basis for managing following construction investment:

- Determining entitlement when appraising feasibility reports; appraising or providing remarks for technology for construction investment projects utilizing technologies restricted for transfer or construction investment projects that potentially negatively impact the environment and employ high technology according to Law on Technology Transfer; appraising design for implementation after fundamental design; examining inspection for acceptance during construction and completion of construction;

- Classifying construction capacity of organizations and individuals to issue certificate of construction capacity and certificate of construction practice;

- Identifying constructions that do not require construction permit;

- Identifying constructions that must attend architectural measure examination according to Clause 2 Article 17 of Law on Architecture;

- Identifying constructions that require separate technical instructions;

- Identifying constructions that have major impact on community safety and benefits;

- Identifying constructions that require professional liability insurance;

- Identifying constructions that must perform periodic assessment regarding safety of constructions during use;

- Classifying construction incidents and entitlement for dealing with construction incidents;

- Managing construction investment cost;

- Determining duration and amount of construction warranty;

- Identifying constructions that require maintenance procedures;

- Other activities according to regulations and law on management of construction investment.

(ii) Apply construction classes to manage construction investment under Point a Clause 1 of this Article as follows:

- In case a construction investment project only consists of 1 independent construction: Apply construction class according to Clause 2 Article 2 of Circular 06/2021/TT-BXD;

- In case a construction investment project consists of multiple independent constructions or constructions built in lines: Apply class of the constructions with the highest class determined according to Clause 2 Article 2 of Circular 06/2021/TT-BXD;

- In case a construction investment project consists of groups of primary constructions or technology lines with multiple work items: Apply construction classes determined according to Clause 3 Article 2 of Circular 06/2021/TT-BXD;

- In case a construction investment project consists of multiple primary constructions, multiple primary technology lines or a combination: Apply classes of groups of primary constructions or primary technology lines with the highest classes as determined according to Clause 3 Article 2 of Circular 06/2021/TT-BXD.

(iii) Principles of applying construction classes to manage construction investment specified under Point b through Point n Clause 1 of Article 3 of Circular 06/2021/TT-BXD are as follows:

- In case the scope is an independent structure, apply construction class determined according to Clause 2 Article 2 of Circular 06/2021/TT-BXD.

- In case the scope is several constructions under construction investment projects, apply construction class determined according to Clause 2 Article 2 of Circular 06/2021/TT-BXD to each construction in question;

- In case the scope is the entire groups of constructions or the entire technology lines with multiple work items, apply construction class determined according to Clause 3 Article 2 of Circular 06/2021/TT-BXD. In case a construction investment project includes constructions built in lines, conform to Point d of Clause 3 of Article 3 of Circular 06/2021/TT-BXD;

- In case the scope is a construction, a number of constructions or the entire constructions under construction investment project for constructions built in lines, apply construction class determined according to Clause 2 Article 2 of Circular 06/2021/TT-BXD for each construction built in line.

Pursuant to: Article 3 of Circular 06/2021/TT-BXD

Mai Thanh Loi

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