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MINISTRY OF CONSTRUCTION |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 700/QD-BXD |
Hanoi, June 8, 2021 |
DECISION
ON ANNOUNCEMENT OF NEW ADMINISTRATIVE PROCEDURES; SUPERSEDED ADMINISTRATIVE PROCEDURES; ANNULLED ADMINISTRATIVE PROCEDURES IN CONSTRUCTION FIELD SUBJECT TO THE STATE MANAGEMENT FUNCTION OF THE MINISTRY OF CONSTRUCTION
MINISTER OF CONSTRUCTION
Pursuant to Decree No. 81/2017/ND-CP dated July 17, 2017 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on control of administrative procedures and Decree No. 48/2013/ND-CP of May 14, 2013 on amendments to the Decrees on control of administrative procedures; Decree No. 92/2017/ND-CP dated August 7, 2017 of the Government on amendments to the Decrees on control of administrative procedures;
At the request of the Director of the Construction Management Department,
HEREBY DECIDES:
Article 1. Announce new administrative procedures; superseded administrative procedures; annulled administrative procedures enclosed with this Decision in construction field subject to the state management function of the Ministry of Construction.
Article 2. This Decision comes into force as of March 3, 2021 and annuls (supersedes) the following documents:
1. Decision No. 838/QD-BXD dated August 29, 2016 of the Minister of Construction on the announcement of new administrative procedures; amended or superseded administrative procedures; annulled administrative procedures in construction field subject to state management function of the Ministry of Construction.
2. Construction activities in section 2 of the list of amended administrative procedures subject to state management function of the Ministry of Construction in Decision No. 1290/QD-BXD dated December 27, 2017 of the Ministry of Construction on announcement of new, amended, or annulled administrative procedures in the field of housing, building materials, construction activities, planning architecture, and technical infrastructure subject to state management function of the Ministry of Construction.
3. Decision No. 1155/QD-BXD dated August 22, 2018 of the Minister of Construction on the announcement of amended or superseded administrative procedures; annulled administrative procedures in construction field subject to state management function of the Ministry of Construction.
Article 3. The Chief of the Office of the Ministry, the Director of the Construction Management Department, the heads of the relevant departments, agencies and units shall implement this Decision./.
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PP. MINISTER |
NEW ADMINISTRATIVE PROCEDURES; SUPERSEDED ADMINISTRATIVE PROCEDURES; ANNULLED ADMINISTRATIVE PROCEDURES IN CONSTRUCTION FIELD SUBJECT TO THE STATE MANAGEMENT FUNCTION OF THE MINISTRY OF CONSTRUCTION
(Issued together with Decision No. 700/QD-BXD dated June 8, 2021 of the Minister of Construction)
PART I.
LIST OF ADMINISTRATIVE PROCEDURES
I. List of new administrative procedures subject to state management function of the Ministry of Construction:
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No. |
Number of administrative procedure dossier |
Name of new administrative procedure |
Name of legal documents |
Field |
Agency in charge |
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1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
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1 |
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Renewal of Rank-I construction practicing certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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2 |
|
Renewal of Rank-I construction eligibility certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
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3 |
|
Renewal of Rank-I, Rank-II construction practicing certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
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4 |
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Renewal of Rank-II, Rank-III construction eligibility certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
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II. List of superseded administrative procedures subject to state management function of the Ministry of Construction:
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No. |
Number of administrative procedure dossier |
Name of superseded administrative procedures |
Name of superseding administrative procedures |
Name of legal documents stipulating supersedure |
Field |
Agency in charge |
||||||
|
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
||||||
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1 |
2.002238 |
Appraisal of project/modified project or appraisal of basic design/modified basic design (specified at Point a, Clause 2, Point a, Clause 3, Point a, Clause 5, Article 10 of Decree 59/2015/ ND-CP, amended by Clause 4, Article 1 of Decree 42/2017/ND-CP; Clause 4, Article 10 of Decree 59/2015/ND-CP) |
Appraisal of feasibility study report on construction investment/modification to feasibility study report on construction investment |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to Ministry of Construction, Ministry of Transport, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development |
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|
|
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2 |
1.006895 |
Appraisal of design, construction estimate/design, modified construction estimate (specified at Point a, Clause 1, Article 24, point a, Clause 1, Article 25, point a, Clause 1, Article 26 of Decree No. 59/ 2015/ND-CP, amended in Clause 9, Clause 10 and Clause 11 Article 1 of Decree No. 42/2017/ND-CP; Clause 1, Article 9 of Decree No. 144/2016/ND-CP) |
Appraisal of construction design following basic design/modification to construction design following basic design |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to Ministry of Construction, Ministry of Transport, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development |
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3 |
1.007404 |
Issuance of construction permits to foreign organizations and individuals engaged in construction activities in Vietnam to perform contracts of group A projects, construction investment projects in at least two provinces |
Issuance of construction permits to foreign contractors of group A projects, projects in at least two provinces |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
|
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4 |
1.007406 |
Modification to construction permits to foreign organizations and individuals engaged in construction activities in Vietnam to perform contracts of group A projects, construction investment projects in at least two provinces |
Issuance of construction permits to foreign contractors of group A projects, interprovincial projects |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
|
|
|
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5 |
1.007366 |
Issuance of Rank-I construction practicing certificates |
Issuance of Rank-I construction practicing certificates for the first time |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
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6 |
1.007370 |
Upgrade to Rank-I construction practicing certificates |
Adjustment to Rank-I construction practicing certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
|
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|
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7 |
1.007383 |
Reissuance of Rank-I construction practicing certificates (in case of loss, damage, or expiry) |
Reissuance of Rank-I construction practicing certificates (in case of loss or damage) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
|
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|
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8 |
1.007387 |
Reissuance of Rank-I construction practicing certificates due to issuing authority's faults |
Reissuance of Rank-I construction practicing certificates (due to issuing authority's faults) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
|
|
|
|
|
|
|
9 |
1.007373 |
Modification to Rank-I construction practicing certificates |
Modification to contents of Rank-I construction practicing certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
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10 |
1.007364 |
Conversion of Rank-I construction practicing certificates of foreign individuals |
Conversion of Rank-I practicing certificates of foreign individuals |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
|
|
|
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11 |
1.007297 |
Issuance of Rank-I construction eligibility certificates |
Issuance of Rank-I construction eligibility certificates for the first time |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
|
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|
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12 |
1.007298 |
Reissuance of Rank-I construction eligibility certificates |
Reissuance of Rank-I construction eligibility certificates (in case of loss or damage) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
|
|
|
|
|
|
|
|
|
|
Reissuance of Rank-I construction practicing certificates (due to issuing authority's faults) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
|
|
|
|
|
|
|
13 |
1.007363 |
Modification to contents of Rank-I construction eligibility certificates (regarding business lines and rank) |
Modification to contents of Rank-I construction eligibility certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
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14 |
1.007299 |
Recognition of socio-professional organizations eligible to issue construction practicing certificates |
Recognition of socio-professional organizations eligible to issue Rank II or Rank III construction practicing/eligibility certificates to their members |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to the Ministry of Construction |
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|
|
|
|
|
|
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
||||||
|
1 |
1.006930 |
Appraisal of project/modified project or appraisal of basic design/modified basic design (specified at Point b, Clause 2, Point b, Clause 3, Point b, Clause 5, Article 10 of Decree 59, amended by Clause 4, Article 1 of Decree 42; Clause 4, Article 10 of Decree 59/2015/ND-CP, Clause 4 Article 1 of Decree No. 42/2017/ND-CP) |
Appraisal of feasibility study report on construction investment/modification to feasibility study report on construction investment |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
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|
|
|
|
|
|
2 |
1.006940 |
Appraisal of design, construction estimate/design, modified construction estimate (specified at Point b, Clause 1, Article 24, point b, Clause 1, Article 25, point b, Clause 1, Article 26 of Decree No. 59/ 2015/ND-CP, Clause 9, Clause 10 and Clause 11 Article 1 of Decree No. 42/2017/ND-CP; Clause 1, Article 9 of Decree No. 144/2016/ND-CP) |
Appraisal of construction design following basic design/modification to construction design following basic design |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
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|
|
|
|
|
|
3 |
1.006949 |
Issuance of new construction permits to class-I, class-II works; religious works; works of historical and cultural relics, monuments, murals that have been ranked; works on main routes, streets in urban areas; works in foreign-invested projects. |
Issuance of new construction permits to special class, class-I, class-II works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects). |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
|
|
|
|
|
|
|
4 |
1.007145 |
Issuance of repair and renovation permits to Class-I, Class-II works; religious works; works of historical and cultural relics, monuments, murals that have been ranked; works on main routes, streets in urban areas; works in foreign-invested projects. |
Issuance of new construction permits to special class, class-I, class-II works (works not built by routes/built by routes in urban areas/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects). |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
|
|
|
|
|
|
|
5 |
1.007187 |
Issuance of relocation permits to Class-I, Class-II works; religious works; works of historical and cultural relics, monuments, murals that have been ranked; works on main routes, streets in urban areas; works in foreign-invested projects. |
Issuance of relocation permits to special class, class-I, class-II works (works not built by routes/built by routes in urban areas/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects). |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
|
|
|
|
|
|
|
6 |
1.007197 |
Modification to construction permits to Class-I, Class-II works; religious works; works of historical and cultural relics, monuments, murals that have been ranked; works on main routes, streets in urban areas; works in foreign-invested projects. |
Modification to construction permits to special class, class-I, class-II works (works not built by routes/built by routes in urban areas/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects). |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
|
|
|
|
|
|
|
7 |
1.007203 |
Renewal of construction permits to Class-I, Class-II works; religious works; works of historical and cultural relics, monuments, murals that have been ranked; works on main routes, streets in urban areas; works in foreign-invested projects. |
Renewal of construction permits to special class, class-I, class-II works (works not built by routes/built by routes in urban areas/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects). |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
|
|
|
|
|
|
|
8 |
1.007207 |
Reissuance of construction permits to Class-I, Class-II works; religious works; works of historical and cultural relics, monuments, murals that have been ranked; works on main routes, streets in urban areas; works in foreign-invested projects. |
Reissuance of new construction permits to special class, class-I, class-II works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects). |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
|
|
|
|
|
|
|
9 |
1.007408 |
Issuance of construction permits to foreign organizations and individuals engaged in construction activities in Vietnam to perform contracts of group B, group C projects |
Issuance of construction permits to foreign contractors of group B, group C projects |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction |
|
|
|
|
|
|
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10 |
1.007409 |
Modification to construction permits to foreign organizations and individuals engaged in construction activities in Vietnam to perform contracts of group B, group C projects |
Issuance of construction permits to foreign contractors of group B, group C projects |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction |
|
|
|
|
|
|
|
11 |
1.007394 |
Issuance of Rank-II and Rank-III construction practicing certificates |
Issuance of Rank-II and Rank-III construction practicing certificates for the first time |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
12 |
1.007396 |
Upgrade of Rank-II and Rank-III construction practicing certificates |
Adjustment to Rank-II or Rank-III construction practicing certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
13 |
1.007402 |
Reissuance of Rank-II and Rank-III construction practicing certificates (in case of loss, damage, and expiry) |
Reissuance of Rank-II, Rank-III construction practicing certificates (in case of loss or damage) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
14 |
1.007403 |
Reissuance of Rank-II or Rank-III construction practicing certificates due to issuing authority's faults |
Reissuance of Rank-II or Rank-III construction practicing certificates (due to issuing authority's faults) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
15 |
1.007399 |
Modification to Rank-II or Rank-III construction practicing certificates |
Modification to contents of Rank-II or Rank-III construction practicing certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
16 |
1.007392 |
Conversion of Rank-II or Rank-III construction practicing certificates of foreign individuals |
Conversion of Rank-II or Rank-III practicing certificates of foreign individuals |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
17 |
1.007304 |
Issuance of Rank-II or Rank-III construction eligibility certificates |
Issuance of Rank-II or Rank-III construction eligibility certificates for the first time |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
18 |
1.007357 |
Reissuance of Rank-II or Rank-III construction eligibility certificates |
Reissuance of Rank-II or Rank-III construction eligibility certificates (in case of loss or damage) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
|
|
|
Reissuance of Rank-II or Rank-III construction practicing certificates (due to issuing authority's faults) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
19 |
1.007391 |
Modification to Rank-II or Rank-III construction practicing certificates (regarding business lines and rank) |
Modification to contents of Rank-II or Rank-III construction eligibility certificates |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Eligible social-professional organization |
|
|
|
|
|
|
|
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
||||||
|
1 |
1.007255 |
Appraisal of project/modified project or appraisal of basic design/modified basic design (specified in Clause 4 Article 1 of Decree No. 42/2017/ND-CP) |
Appraisal of feasibility study report on construction investment/modification to feasibility study report on construction investment |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People's Committees of district (if delegated by the People's Committee of province) |
|
|
|
|
|
|
|
2 |
1.007257 |
Appraisal of design/construction estimate/modified design/construction estimate (specified in Clause 12 Article 1 of Decree No. 42/2017/ND-CP) |
Appraisal of construction design following basic design/modification to construction design following basic design |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People's Committees of district (if delegated by the People's Committee of province) |
|
|
|
|
|
|
|
3 |
1.007262 |
Issuance of construction permits to works, detached houses in urban areas, commune cluster centers, sanctuaries, historical-cultural relic areas under their management, except for works under issuance jurisdiction of construction permits at the central and provincial levels. |
Issuance of new construction permits to class-III, class-IV works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects) and detached houses. |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People’s Committee of district |
|
|
|
|
|
|
|
4 |
1.007266 |
Issuance of repair and renovation permits to works, detached houses in urban areas, commune cluster centers, sanctuaries, historical-cultural relic areas under their management, except for works under issuance jurisdiction of construction permits at the central and provincial levels. |
Issuance of repair and renovation permits to class-III, class-IV works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects) and detached houses. |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People’s Committee of district |
|
|
|
|
|
|
|
5 |
1.007285 |
Issuance of relocation permits to works, detached houses in urban areas, commune cluster centers, sanctuaries, historical-cultural relic areas under their management, except for works under issuance jurisdiction of construction permits at the central and provincial levels. |
Issuance of relocation permits to class-III, class-IV works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects) and detached houses. |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People’s Committee of district |
|
|
|
|
|
|
|
6 |
1.007286 |
Modification to construction permits to works, detached houses in urban areas, commune cluster centers, sanctuaries, historical-cultural relic areas under their management, except for works under issuance jurisdiction of construction permits at the central and provincial levels. |
Modification to construction permits to class-III, class-IV works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects) and detached houses. |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People’s Committee of district |
|
|
|
|
|
|
|
7 |
1.007287 |
Renewal of construction permits to works, detached houses in urban areas, commune cluster centers, sanctuaries, historical-cultural relic areas under their management, except for works under issuance jurisdiction of construction permits at the central and provincial levels. |
Renewal of new construction permits to class-III, class-IV works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects) and detached houses. |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People’s Committee of district |
|
|
|
|
|
|
|
8 |
1.007288 |
Reissuance of construction permits to works, detached houses in urban areas, commune cluster centers, sanctuaries, historical-cultural relic areas under their management, except for works under issuance jurisdiction of construction permits at the central and provincial levels. |
Reissuance of new construction permits to class-III, class-IV works (works not built by routes/built by routes/religious works/monuments, murals/works not built by routes by stages/works built by routes by stages in urban areas/projects) and detached houses.
|
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People’s Committee of district |
|
|
|
|
|
|
III. List of superseded administrative procedures subject to state management function of the Ministry of Construction:
|
No. |
Number of administrative procedure dossier |
Name of administrative procedures |
Name of legal documents stipulating superseded contents |
Field |
Agency in charge |
||||||
|
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
1. Central administrative procedures |
||||||
|
1 |
2.002240 |
Appraisal of economic-technical report/modified economic-technical reports; design of construction drawing, construction estimate/design of construction drawing, modified construction estimate of economic-technical report (specified in Article 12 of Decree No. 59/ 2015/ND-CP, amended by clause 5 Article 1 of Decree No. 42/2017/ND-CP) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Construction authority affiliated to Ministry of Construction, Ministry of Transport, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development |
|
|
|
|
|
|
|
2 |
1.006896 |
Issuance of construction permits to special class works |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Ministry of Construction |
|
|
|
|
|
|
|
3 |
1.006900 |
Issuance of repair and renovation permits to special class works |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Ministry of Construction |
|
|
|
|
|
|
|
4 |
1.006904 |
Issuance of relocation permits to special class works |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Ministry of Construction |
|
|
|
|
|
|
|
5 |
1.006905 |
Modification to construction permits to special class works |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Ministry of Construction |
|
|
|
|
|
|
|
6 |
1.006906 |
Renewal of construction permits to special class works |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Ministry of Construction |
|
|
|
|
|
|
|
7 |
1.006927 |
Reissuance of construction permits to special class works |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Ministry of Construction |
|
|
|
|
|
|
|
8 |
1.007375 |
Reissuance of Rank-I practicing certificates (in case of revocation as prescribed in points b, c, d clause 2 Article 44a of Decree No. 100/2018/ND-CP) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Ministry of Construction |
|
|
|
|
|
|
|
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
2. Provincial administrative procedures |
||||||
|
1 |
1.006938 |
Appraisal of economic-technical report/modified economic-technical reports; design of construction drawing, construction estimate/design of construction drawing, modified construction estimate of economic-technical report (specified in Article 5, Article 10 of Decree No. 59/ 2015/ND-CP, amended by clause 5 Article 1 of Decree No. 42/2017/ND-CP) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Departments of Construction, Transport, Industry and Trade, Agriculture and Rural Development and Management and Boards of Industrial parks, export processing zones, high-tech zones, economic zones |
|
|
|
|
|
|
|
2 |
1.007401 |
Reissuance of Rank-II or Rank-III practicing certificates (in case of revocation as prescribed in points b, c, d clause 2 Article 44a of Decree No. 100/2018/ND-CP) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
Department of Construction/Social-professional organization |
|
|
|
|
|
|
|
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
3. District administrative procedures |
||||||
|
1 |
1.007254 |
Appraisal of economic-technical report/modified economic-technical reports; design of construction drawing, construction estimate/design of construction drawing, modified construction estimate of economic-technical report (in case of one-step design) (specified in Article 5, Article 10 of Decree No. 59/ 2015/ND-CP, clause 5 Article 1 of Decree No. 42/2017/ND-CP) |
- Law on Construction 2014 and Law on amendments to Law on Construction 2020; - Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management; |
Construction activities |
The People’s Committee of district |
|
|
|
|
|
|
PART II
DETAILS OF EACH ADMINISTRATIVE PROCEDURE SUBJECT TO STATE MANAGEMENT FUNCTION OF THE MINISTRY OF CONSTRUCTION
A. Central administrative procedures:
1. Procedures for appraising and modifying the construction investment feasibility study report:
1.1. Order:
- The applicant shall submit 01 set of application for appraisal of construction investment feasibility study report/modification to construction investment feasibility study report to the division in charge of receiving application and giving processing result affiliated to Ministry of Construction, Transport, Industry and Trade and Agriculture and Rural Development, or the division in charge of receiving application and giving processing result under a specialized authority affiliated to the Ministry.
- Within 05 working days after receiving the application, the construction authority shall:
+ Send a request for supplemental documents;
+ Return the application if: The application falls outside the competence of the construction authority or the applicant is not duly authorized as prescribed in Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government; the work concerned is not subject to appraisal of construction authority as required; the application is not sufficiently lawful or valid as prescribed in this Decree;
+ Send a request to the fire safety authority to seek consultation on the fire safety solutions of the basic design drawings if required by the investor.
- Within 20 days after receiving the request of the construction authority, if the applicant fails to provide supplemental documents, the construction authority shall stop the appraisal, the applicant may re-submit an application upon request.
- During the appraisal process, the construction authority may suspend the appraisal (no more than once) and promptly notify the applicant of errors and misstatements in information and data in the application, which leads to inadequate foundation to make an appraisal conclusion. If the said errors or misstatements cannot be remedied within 20 days, the construction authority shall stop the appraisal, the applicant may re-submit an application upon request.
- Within 35 days for a group A project, 25 days for a group B project, and 15 days for a group C project after receiving a duly completed application, the construction authority shall issue a notice of appraisal result enclosed with a stamped drawing dossier.
1.2. Method: The applicant shall submit an application in person or by post to the division in charge of receiving application and giving processing result affiliated to Ministry of Construction, Transport, Industry and Trade and Agriculture and Rural Development, or the division in charge of receiving application and giving processing result under a specialized authority affiliated to the Ministry.
1.3. Required documents and quantity of application:
a) Required documents:
- An application form for appraisal of feasibility study report on construction investment/modification to feasibility study report on construction investment using Form No. 1 in Appendix I of Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government;
- A document on investment policy of construction as prescribed in law on investment, public investment, PPP investment;
- Decision on the winning architecture design plan as prescribed and the winning design attached (if required);
- Document/approval decision and enclosed drawings (if any) of one of the following types of planning: Detailed construction planning approved by the competent authority; technically-specialized planning in accordance with law on planning; plan for work route and location approved by the competent authority; construction zoning planning if a detailed construction planning is not required;
- Consultation responses on fire safety solutions of basic design drawings; results of environmental impact assessment in accordance with law on environmental protection that are sent to the construction authority before notification of the appraisal result. If the investor wishes to seek consultation on fire safety solutions of basic design drawings following the interlinked single-window system, it shall submit an additional application as prescribed in law on fire safety;
- Agreement and certification of technical infrastructure connection of the project; a written approval for the height of the work according to the Government's regulations on the management of the height of aerial obstacles and the airspace control and air defense system in Vietnam (in case the project is not in the area or subject to request for consultation on the work elevation management surface at the stage of construction planning approval) (if any);
- Other relevant legal documents (if any);
- Approved construction survey documents; notes to feasibility study report; basic design or other designs according to international practice for the preparation of feasibility study report (including drawings and notes); list of standards mainly applied to the project;
- List of contractors, together with construction eligibility certificate codes of the survey contractor, construction design contractor, assessment contractor (if any); construction practice certificate codes of the titles of construction survey president, design or investment estimate president, chairperson; assessment president, chairperson;
- For projects funded by public investment capital or state capital other than public investment capital that require consideration of total investment, in addition to the contents specified above, the application submitted for appraisal must contain the following details: total investment; relevant information and data on prices and norms to determine total investment; quotes, valuation results (if any).
b) Quantity of application: 01 (set)
1.4. Processing time limit:
- Within 35 days for a group A project, 25 days for a group B project, and 15 days for a group C project after receiving a valid and complete application.
1.5. Applicant: The investor or organization/individual authorized by the investment-decision maker/competent authority to prepare the project is commonly called the applicant.
1.6. Processing agency: The construction authority affiliated to the Ministry of Construction, Transport, Agriculture and Rural Development, or Industry and Trade).
1.7. Processing result:
Notice of appraisal result of feasibility study report/modified feasibility study report enclosed with the design documents submitted for appraisal results bearing the appraisal seal of the construction authority.
1.8. Fees and charges: Comply with Circular(s) of the Minister of Finance.
1.9. Name of forms:
Application form for appraisal of feasibility study report on construction investment/modification to feasibility study report on construction investment using Form No. 1 in Appendix I of Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government.
1.10. Requirements for administrative procedures:
The application for appraisal must be sufficiently lawful and in accordance with the matters seeking appraisal. The application for appraisal shall be considered valid if it meets the requirements in the clause 3 Article 14 of Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government, in proper format, written in Vietnamese and verified by the applicant. The architecture design documents in the construction design dossier (if any) shall comply with the law on architecture.
1.11. Legal foundation of administrative procedures:
- The Law on Construction No. 50/2014/QH13 dated June 18, 2014;
- The on amendments to Law on Construction No. 62/2020/QH14;
- Decree 15/2021/ND-CP dated March 3, 2021 of the Government elaborating construction investment project management;
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