New regulations on construction investment project management

The Government promulgates Decree No. 15/2021/ND-CP detailing a number of contents on construction investment project management, replacing Decree 59/2015/ND-CP, Decree 42/2017/ND -CP; Article 1, Article 4, from Appendix I-IX Decree 100/2018/ND-CP.

Decree No. 15/2021/ND-CP clearly states that when investing in construction work, there must be technical solutions and management measures in order to efficiently use energy, save resources and protect the environment.

The State encourages the construction, development, evaluation and certification of energy-efficient, resource-saving and green buildings.

Encourage the application of building information model (hereinafter referred to as BIM for short), digital technology solutions in construction activities and construction operation management. Investment deciders decide on the application of BIM and digital technology solutions when deciding on construction investment projects.

Regulations on the application of foreign standards

Decree No. 15/2021/ND-CP specifying regulations on application of international standards, regional standards and foreign standards (collectively referred to as foreign standards); Standard Base; new materials and technologies in construction activities.

Accordingly, the selection and application of foreign standards and basic standards must comply with the provisions of the Construction Law and other relevant laws.

In case of application of foreign standards, in the explanation of construction design or technical instructions (if any), there must be an assessment of compatibility, synchronization and compliance with national technical regulations and priority. using internationally recognized and widely adopted standards.

When applying basic standards, there must be explanations about compliance with national technical regulations and compatibility and synchronization with relevant standards. The publication of basic standards must strictly comply with regulations and procedures prescribed in other relevant laws.

The use of new materials and technologies applied for the first time must comply with national technical regulations and be compatible with relevant standards; ensure feasibility, sustainability, safety and efficiency.

Project management forms

Decree stipulates that for projects using public investment capital, investment deciders choose the form of project management specified in Clause 2, Article 62 of the Law on Construction 2014 as amended and supplemented in Clause 19. Article 1 of Law No. 62/2020/QH14.

Specifically, the investment decider decides to apply the form of specialized construction investment project management board, regional construction investment project management unit (specialized project management board, project management board). regional projects) on the basis of the number and progress of projects in the same major, in the same alignment, in an administrative area or at the request of the capital sponsor.

In case the form of project management as prescribed above is not applied, the investment decider shall decide to apply the form of a project management board for construction of a project or the investor shall organize the management of a project. project or hire a project management consultant.

As for projects using state capital other than public investment or other capital, the investment decider shall decide on the form of project management specified in Clause 1, Article 62 of the 2014 Law on Construction as amended and supplemented. supplemented in Clause 19, Article 1 of Law No. 62/2020/QH14, in accordance with management requirements and specific conditions of the project.

For projects using ODA or concessional loans from foreign donors, the form of project management organization shall comply with the provisions of international treaties on ODA or agreements with donors. If there are no specific provisions in an international treaty on ODA or an agreement with a donor, the form of project management organization shall comply with this Decree.

For PPP projects, the form of project management shall comply with the provisions of Points a, b, c and d, Clause 1, Article 62 of the 2014 Law on Construction as amended and supplemented in Clause 19, Article 1 of the Law. No. 62/2020/QH14 in accordance with management requirements, specific conditions of the project and agreement in the project contract.

According to the Chinh phu