Regulations on conditions for commencement of construction of works in Vietnam

Regulations on conditions for commencement of construction of works in Vietnam (Internet image)

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

1. What is construction work?

According to Clause 10, Article 3 of the Law on Construction 2014 (amended in 2020), construction work means a product constructed according to design, created by human labor and with building materials and equipment installed therein, and affixed to land, which possibly includes underground and surface components, underwater and water surface components

2. Regulations on conditions for commencement of construction of works in Vietnam

Conditions for commencement of construction of works include:

(i) The construction grounds are available for entire or partial handover according to the construction schedule;

(ii) The construction permit has been granted for the work subject to the provisions of Article 89 of this Law;

(iii) The construction drawing design of the work item or the work to be constructed has been approved;

(iv) The project owner has signed a construction contract with the contractor performing construction activities related to the constructed work as prescribed by law;

(v) Measures have been developed to ensure safety and environmental protection in the course of construction;

(vi) The project owner has sent the written notification of the construction starting date to the local construction management agency at least 03 working days before the commencement of construction.

* Note: The commencement of construction of separate houses must meet only the condition prescribed at (ii).

(Article 107 of the Law on Construction 2014 (amended in 2020))

3. Basic principles of construction investment activities in Vietnam

Basic principles of construction investment activities in Vietnam are prescribed in Article 4 of the Law on Construction 2014 (amended in 2020) as follows:

-  Ensuring the compliance of work construction investment with master plans and designs, landscape and environmental protection, the suitability to natural and social conditions and cultural characteristics of each locality;

Ensuring the stable life of people; combining socio-economic development with national defense and security, disaster preparedness and management, and response to climate change.

- Rationally using resources and natural resources in project areas, ensuring proper purposes, proper subjects and process of construction investment.

- Complying with standards and technical regulations, regulations on the use of building materials;

Ensuring convenient and safe access for people with disabilities, the elderly and children to public facilities and high-rises;

Ensuring scientific and technological application and information system application to construction investment activities.

- Ensuring the quality, schedule and safety of works, human lives and health and property; fire and explosion prevention and fighting; and environmental protection.

- Ensuring synchronous construction within each work and synchronism with technical and social infrastructure facilities.

- Organizations and individuals involved in construction activities must satisfy capacity requirements and assume responsibility for quality of works performed as prescribed by the Law on Construction 2014 (amended in 2020).

-  Ensuring the publicity, transparency, thrift and efficiency; preventing and combating corruption, waste, loss and other negative practices in construction investment activities.

- Clearly defining the function of state management in construction investment activities from the function of management of investment decision makers, project owners suitable to each type of used funding sources.

- When formulating and implementing construction planning, performing construction investment activities, managing and operating construction works, and developing building materials, technical and management solutions must be adopted to ensure thrift and efficient use of energy and natural resources, and environmental protection.

Nguyen Thi Hoai Thuong

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE