Decree No. 113/2020/ND-CP dated September 18, 2020 on elaboration of Point dd Clause 3 Article 3 of the Law on Amendments to the Construction Law regarding appraisal of construction designs implemented after fundamental design and construction permit exemption

DECREE

ELABORATION OF POINT DD CLAUSE 3 ARTICLE 3 OF THE LAW ON AMENDMENTS TO CONSTRUCTION LAW REGARDING APPRAISAL OF CONSTRUCTION DESIGNS IMPLEMENTED AFTER FUNDAMENTAL DESIGN AND CONSTRUCTION PERMIT EXEMPTION

Pursuant to the Law on Organization of Government dated June 19, 2015;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Amendments to the Construction Law dated June 17, 2020;

Pursuant to the Law on amendments to Article 6 and Appendix 4 regarding the Classification of Trades and Industries subject to investment and business conditions in the Law on investment dated November 22, 2016;

Pursuant to the Law on amendments to some articles concerning planning of 37 laws dated November 20, 2018;

Pursuant to the Law on Architecture dated June 13, 2019;

At the request of the Minister of Construction;

The Government promulgates a Decree on elaboration of Point dd Clause 3 Article 3 of the Law on Amendments to the Construction Law regarding appraisal of construction designs implemented after fundamental design and construction permit exemption.

Article 1. Scope

1. This Decree elaborates on Point dd Clause 3 Article 3 of the Law No. 62/2020/QH14 providing amendments to the Construction Law (hereinafter referred to as the Law No. 62/2020/QH14) regarding the construction works subject to appraisal of construction designs following the fundamental design by specialized construction agencies and eligible for exemption from construction permit as prescribed in Clause 30 Article1 of the Law No. 62/2020/QH14.

2. Construction works which are not regulated by this Decree include:

a) Construction works exempted from the construction permit as prescribed in Clause 2 Article 89 of the Construction Law No. 50/2014/QH13;

b) Construction works applying procedures for appraisal of construction designs following the fundamental design and issuance of the construction permit upon the investor's request.

Article 2. Regulated entities

This Decree applies to investors, specialized construction agencies, construction management agencies and other organizations and individuals involving in the investment and construction of works.

Article 3. Power, contents and procedures for appraisal of construction designs following fundamental design and assessment of fulfillment of construction permit requirements

The power, contents and procedures for appraisal of construction designs following the fundamental design or appraisal of modifications thereof (hereinafter referred to as “appraisal of construction designs following the fundamental design”) and assessment of the fulfillment of construction permit requirements by specialized construction agencies as prescribed in Point dd Clause 3 Article 3 of the Law No. 62/2020/QH14 are provided for as follows:

1. The power to carry out appraisal of construction designs following the fundamental design of specialized construction agencies conforms to the provisions in Clauses 9, 10 and 11 Article 1 of the Government’s Decree No. 42/2017/ND-CP dated April 05, 2017 providing amendments to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on management of construction projects (hereinafter referred to as “Decree No. 42/2017/ND-CP”).

2. A dossier submitted for appraisal of construction designs following the fundamental design and assessment of fulfillment of the construction permit requirements includes:

a) The documents prescribed in Article 29 of the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on management of construction projects (hereinafter referred to as “Decree No. 59/2015/ND-CP”);

b) The documents proving the lawful origin of the land area for issuance of the construction permit as prescribed in Article 3 of the Government’s Decree No. 53/2017/ND-CP dated May 08, 2017 prescribing lawful land documents for issuance of construction permit;

c) The documents prescribed in Point b Clause 3, Point b Clause 5, Point b Clause 6 Article 95, Clause 4 Article 96 of the Construction Law No. 50/2014/QH13 (if any).

3. Specialized construction agencies competent to carry out appraisal of construction designs following the fundamental design as prescribed in Clause 1 of this Article (hereinafter referred to as “appraising agencies”) shall take charge of carrying out appraisal contents prescribed in Clause 1 Article 27 of Decree No. 59/2015/ND-CP, request the agencies competent to issue the construction permit as prescribed in Clause 1 Article 5 hereof (hereinafter referred to as “permit issuing agencies”) in writing to give their opinions about the fulfillment of construction permit requirements prescribed in Articles 91 and 92 of the Construction Law No. 50/2014/QH13 as amended in the Law on architecture No. 40/2019/QH14 and the field inspection prescribed in Clause 1 Article 102 of the Construction Law No. 50/2014/QH13, and consolidate appraisal results and opinions given by permit issuing agencies for reaching conclusions on approval for construction permit and grant of exemption from construction permit to construction works.

4. The time limit for appraisal and review of fulfillment of construction permit requirements is the appraisal time limit prescribed in Clause 8 Article 30 of Decree No. 59/2015/ND-CP and also the time limit for giving opinions by permit issuing agencies, commencing from the date of receipt of adequate and valid documents as prescribed in Clause 2 of this Article. To be specific:

a) A maximum of 45 days regarding appraisal of construction works of grade I or special grade;

b) A maximum of 35 days regarding appraisal of construction works of grade II or grade III;

c) A maximum of 25 days regarding appraisal of remaining construction works.

5. Procedures for appraisal of construction designs following the fundamental design and assessment of fulfillment of construction permit requirements by specialized construction agencies shall comply with the provisions in Article 30 of Decree No. 59/2015/ND-CP, Clause 12 Article 1 of Decree No. 42/2017/ND-CP and the following provisions:

a) Within 05 working days from the date of receipt of the appraisal dossier, the appraising agency shall consider and request the investor in writing to submit additional documents as prescribed in Clause 2 of this Article (if necessary) as the basis for carrying out appraisal tasks. The appraisal shall be carried out only when the appraising agency receives adequate documents as prescribed in Point a Clause 2 of this Article. The investor may additionally submit the documents prescribed in Point b and Point c Clause 2 of this Article during the appraisal by the specialized construction agency;

b) Within 03 working days from the date of receipt of adequate appraisal dossier as prescribed in Point b and Point c Clause 2 of this Article, the appraisal agency shall send a written request, accompanied by relevant documents, to the permit issuing agency for its opinions about the fulfillment of construction permit requirements. The requested contents and accompanied documents are prescribed in Appendix I enclosed herewith. If the appraising agency is also the permit issuing agency, this agency shall take charge of performing all tasks prescribed in Clause 3 of this Article;

c) The permit issuing agency shall carry out the field inspection of the construction ground and current conditions of the construction works, and give written opinions to the specialized construction agency within 15 days from the receipt of the written request from the appraising agency;

d) After receiving written opinions from the permit issuing agency, the appraising agency shall consolidate results of appraisal of construction designs following the fundamental design and conclusions on the fulfillment of construction permit requirements, notify results of the appraisal of construction designs following the fundamental design and exemption from the construction permit as prescribed in Appendix II enclosed herewith, and also send the same to the permit issuing agency for monitoring and management of investment and construction works;

dd) Upon expiration of the time limit for appraisal prescribed in Clause 8 Article 30 of Decree No. 59/2015/ND-CP, if the investor fails to submit additional documents as prescribed in Point b and Point c Clause 2 of this Article, the appraising agency shall notify appraisal results according to the appraisal contents prescribed in Article 83 of the Construction Law No. 50/2014/QH13. With regard to satisfactory appraisal dossier, the appraising agency shall, through the written notification of appraisal results, request the investor to submit additional documents to the permit issuing agency for review and assessment of the investor’s fulfillment of construction permit requirements as prescribed in Clause 3 of this Article for being granted exemption from construction permit. Within 20 days from the receipt of documents additionally submitted by the investor, the permit issuing agency shall notify the results of assessment of fulfillment of construction permit requirements according to the provisions in Appendix III enclosed herewith.

6. With regard to construction works of which construction cost estimates must be appraised as prescribed in Clause 1 and Clause 2 Article 82 of the Construction Law No. 50/2014/QH13, the appraisal of construction cost estimates shall be carried out in accordance with the provisions of Decree No. 59/2015/ND-CP, as amended by the Decree No. 42/2017/ND-CP, and regulations on management of construction costs.

7. With regard to the construction works granted the construction permit and of which modified designs following the fundamental design must be appraised, the permit issuing agencies are requested to give their opinions about the field inspection of current conditions of the construction works and modified contents (if any) and are not required to review and assess the documents prescribed in Points b, c Clause 2 of this Article, provided that the land use purpose and project's objectives are unchanged. After the modified designs following the fundamental design of the construction works have been duly appraised as prescribed herein, the modification of the construction permit is not required.

Article 4. Rights and responsibility of investors

1. The investor of the construction works may submit a request for appraisal of construction designs following the fundamental design and review and assessment of fulfillment of construction permit requirements for granting construction permit exemption as prescribed herein or follow procedures for appraisal of construction designs following the fundamental design separately from procedures for issuance of construction permit in accordance with the provisions in the Construction Law No. 50/2014/QH13 and Decree No. 59/2015/ND-CP, as amended in Decree No. 42/2017/ND-CP.

2. The investor of the construction works shall assume responsibility for the legitimacy and accuracy of documents included in the appraisal dossier as well as fulfillment of requirements imposed by the appraising agency in the notification of results of appraisal of construction design and assessment of fulfillment of construction permit requirements.

Article 5. Responsibility of permit issuing agencies

1. Permit issuing agencies shall cooperate with appraising agencies to perform the contents prescribed in Clause 3 Article 3 hereof and shall be competent to issue construction permit in accordance with the provisions of Article 103 of the Construction Law No. 50/2014/QH13 and Point c Clause 2 Article 3 of the Law No. 62/2020/QH14.

In case Provincial People’s Committees authorize or decentralize power to issue construction permit as prescribed in Clause 2 Article 103 of the Construction Law No. 50/2014/QH13, permit issuing agencies shall be the ones authorized or decentralized by the Provincial People’s Committees.

2. Permit issuing agencies shall give their opinions to appraising agencies as prescribed in Appendix I enclosed herewith and send their written opinions to appraising agencies within the time limit prescribed in Point c Clause 5 Article 3 hereof or their written certifications of fulfillment of construction permit requirements as prescribed in Point dd Clause 5 Article 3 and Appendix III enclosed herewith; assume responsibility for their certifications.

Article 6. Responsibility for implementation

Ministers and Provincial People’s Committees shall instruct and inspect specialized construction agencies and permit issuing agencies in carrying out appraisal of construction designs and assessment of fulfillment of construction permit requirements for granting construction permit exemption in accordance with the provisions herein.

Article 7. Transition

The appraisal of the construction works of which dossiers for appraisal of construction designs following the fundamental designs have been submitted but notifications of appraisal results are not provided by appraising agency before the effective date of this Decree shall be carried out as follows:

1. If the investor submits a request for assessment of the fulfillment of construction permit requirements for granting construction permit exemption, the specialized construction agency shall instruct the investor to submit additional documents as prescribed in Point b, Point c Clause 2 Article 3 hereof, send a written request for opinions of the permit issuing agency as prescribed in Point b Clause 5 Article 3 hereof, and continue carrying out appraisal works as prescribed.

2. If the investor does not submit the request as prescribed in Clause 1 of this Article, the appraisal of the construction design following the fundamental design and issuance of construction permit shall comply with the provisions of the Construction Law No. 50/2014/QH13 and Decree No. 59/2015/ND-CP, as amended in Decree No. 42/2017/ND-CP.

Article 8. Implementation

1. This Decree comes into force from the date on which it is signed to December 31, 2020 inclusively.

2. The Minister of Construction, Ministers of Ministries in charge of managing specialized construction works, and Chairpersons of Provincial People’s Committees are responsible for the implementation of this Decree.

3. With regard to construction works of which results of appraisal of construction designs following the fundamental design and assessment of fulfillment of construction permit requirements for granting construction permit exemption have been notified by specialized construction agencies as prescribed herein, the following of procedures for issuance of construction permit prescribed in Decree No. 59/2015/ND-CP, as amended in Decree No. 42/2017/ND-CP and Decree No. 100/2018/ND-CP is not required; competent authorities shall not request the presentation of construction permit when carrying out other administrative procedures for which document components include the construction permit./.