What are the requirements on construction design in Vietnam?

What are the requirements on construction design in Vietnam? (Internet image)

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

1. What are construction designs? 

According to Clause 1, Article 78 of the Law on Construction 2014 (amended 2020), construction designs include:

- Preliminary design in the construction investment pre-feasibility study report;

- Fundamental design in the construction investment feasibility study report or construction drawing design in the construction investment economic-technical report;

- Designs created after the fundamental design, including Front - End Engineering Design (hereinafter referred to as “FEED design”), technical; design, construction drawing design and other designs (if any) according to international practices.

2. What are the requirements on construction design in Vietnam?

According to Article 79 of the Law on Construction 2014 (amended 2020), the requirements on construction design include:

(i)  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.

(ii) Work construction design contents must meet requirements of each design step.

(iii) 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.

(iv) 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.

(v) Construction designs shall be appraised and approved in accordance with of the Law on Construction 2014 (amended 2020), except the case prescribed in (vii)

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

(vii) 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 Law on Construction 2014 (amended 2020);

- 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.

3. Rights and obligations of project owners in construction designing in Vietnam

3.1. Rights of project owners in construction designing in Vietnam

Project owners have the following rights:

- Conduct construction design and verification thereof by themselves if they have fully satisfied the construction operation and practice capability conditions suitable to types and grades of construction works;

- Select contractors to make and/or verify construction designs if they cannot themselves make and/or verify construction designs;

- Negotiate and sign construction design contracts and construction design verification contracts; supervise the performance of signed contracts and request design contractors to properly perform these contracts; suspend or terminate construction design contracts in accordance with the contracts and relevant laws;

- Exercise other rights stated in the contracts and prescribed by relevant laws.

3.2. Obligations of project owners in construction designing in Vietnam

Project owners have the following obligations:

- Select contractors that have fully satisfied the construction operation and practice capability conditions suitable to types and grades of construction works to make and/or verify construction designs;

- Identify construction design tasks;

- Provide adequate information and documents to contractors in charge of construction design and verification there;

- Properly perform the signed contracts; pay compensations for damage caused by breach of the signed construction design contracts;

- Appraise and approve construction designs in accordance with regulations laid down herein;

- Take responsibility before law and investment decision makers for their own task performance results;

- Keep construction design dossiers;

- Discharge other obligations as stated in the contracts and prescribed by relevant laws.

(Article 85 of the Law on Construction 2014 (amended 2020))

Nguyen Thi Hoai Thuong

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