Requirements on construction design in Vietnam

Requirements on construction design in Vietnam
Le Truong Quoc Dat

What are the regulations on requirements on construction design in Vietnam? - Tu Nhi (Hau Giang)

Requirements on construction design in Vietnam

Requirements on construction design in Vietnam (Internet image) 

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

1. Requirements on construction design in Vietnam

Requirements on construction design in Vietnam according to Article 79 of the Construction Law 2014 are as follows:

- Meeting requirements of design tasks; being suitable to contents of approved construction investment projects, construction planning, architectural landscapes, and natural, cultural and social conditions in construction sites.

- Work construction design contents must meet requirements of each design step.

- Complying with applied standards, technical regulations, legal provisions on use of building materials, meeting requirements on utilities and applied technologies (if any); ensuring force-bearing safety, safety in use, artistic appearance, environmental protection, response to climate change, fire and explosion prevention and fighting, and other safety conditions.

- Having appropriate design solutions and reasonable construction costs; ensuring synchronism within the work and with related works; ensuring conditions on comforts, hygiene and health for users; creating conditions for people with disabilities, the elderly and children to use works. Taking advantages and limiting unfavorable impacts of natural conditions; prioritizing the use of local and environment-friendly materials.

- Construction designs shall be appraised and approved in accordance with the Construction Law 2014, except the case prescribed in Clause 7 of Article 79 of the Construction Law 2014.

- Construction design contractors must have sufficient capabilities suitable to types and grades of works and jobs to be performed.

- Construction designs of separate houses must comply with the following provisions:

+ Construction designs of separate houses must meet design requirements prescribed in Clause 3 of Article 79 of the Construction Law 2014;

+ Households may design by themselves separate houses with a total construction floor area of under 250 m2 or with fewer than three stories or a height of under 12 meters in accordance with approved construction master plans, and shall take responsibility before law for design quality, environmental impacts of construction works and safety of adjacent works.

2. Forms and time of collecting comments on construction planning in Vietnam

Forms and time of collecting comments on construction planning in Vietnam according to Article 17 of the Construction Law 2014 are as follows:

- The collection of comments of related agencies, organizations and individuals on construction planning tasks and plans shall be carried out in form of sending dossiers and documents or organizing conferences or seminars. Consulted agencies, organizations and individuals shall reply in writing or directly give comments.

- The collection of comments of communities on construction planning tasks and plans shall be carried out via collection of comments of community representatives in form of questionnaires and interviews. Community representatives shall summarize comments of their communities in accordance with the law on grassroots democracy.

- The collection of comments of communities on the tasks and plans of zoning planning, detailed construction planning and commune construction general planning or rural residential quarter construction planning shall be carried out via comment cards through public display or presentation of planning options in the mass media.

- The duration for collecting comments on construction planning must be at least 20 days for agencies and 40 days for organizations, individuals and communities.

- Construction planning agencies or organizations shall receive comments of agencies, organizations and communities to complete the construction planning tasks and plans; in case of refusal, they shall reply in writing and clearly state the reasons before the master plans are approved.

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