Regulations on the procedures for construction investment in Vietnam from December 30, 2024

Regulations on the procedures for construction investment in Vietnam from December 30, 2024​ (Image from the Internet)

What is a construction investment project in Vietnam?

A construction investment project is a collection of proposals related to the use of capital to carry out construction activities for new construction, repair, or renovation of construction works to develop, maintain, and improve the quality of the works, product, or service within specified time and cost. At the construction investment project preparation stage, the project is represented through the Pre-feasibility Study Report, the Feasibility Study Report on Construction Investment, or the Economic-Technical Report on Construction Investment.

(Clause 15, Article 3 Construction Law 2014)

Regulations on the procedures for construction investment in Vietnam from December 30, 2024

Article 4 of Decree 175/2024/ND-CP regulates the procedures for construction investment in Vietnam from December 30, 2024 as follows:

(1) The procedures of construction investment implementation as prescribed in Clause 1, Article 50 of the Construction Law 2014 are specified as follows:

- The project preparation phase includes tasks: preparation of program proposals, projects using ODA funds, and foreign concessional loans (if any); preparation and appraisal of the Pre-feasibility Study Report or the proposal for investment policy to decide or approve the investment policy (if any); construction survey for project preparation; preparation, appraisal, approval of construction planning as a basis for project preparation; preparation, appraisal of the Feasibility Study Report on construction investment or the Economic-Technical Report on construction investment for project approval, construction investment decision; other necessary tasks related to project preparation;

- The project implementation phase includes tasks: site preparation, mine clearance (if any); construction survey for post-basic design implementation; preparation, appraisal, approval of design, construction estimate; issuance of construction permits (for works required by law to have a construction permit); signing construction contracts; construction of works; construction supervision; advance payment, payment for completed volumes; operation, trial run; acceptance of completed construction works; contract finalization; supervision, evaluation of construction investment project; other necessary tasks related to project implementation;

- The post-construction phase includes tasks: finalization of the construction contract, settlement of capital investment of completed projects, confirmation of project completion; handing over works for use; warranty of construction works, handover of related documents; supervision, evaluation of construction investment project; other necessary tasks.

(2) The procedures of implementation of urgent construction investment projects are carried out according to the provisions of Article 69 of Decree 175/2024/ND-CP.

The procedures of implementation for investment projects in the form of public-private partnership with a construction component (hereinafter referred to as PPP projects) are carried out according to the provisions of the law on investment in the form of public-private partnership.

(3) For projects not specified in (2), depending on the specific conditions and technical requirements of the project, the investment decision-maker decides the sequence of implementation sequentially or combinational, simultaneously for tasks specified in points b and c, clause 1, Article 4 of Decree 175/2024/ND-CP, in accordance with the contents of the project approval decision.

(4) For projects implemented in the form of a turnkey contract, the procedures of construction investment are carried out in accordance with the provisions of the contract.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE