1. What is the concept of appraisal?
Pursuant to the provisions of Clause 36, Article 3 of the Law on Construction 2014: “Appraisal is the examination and assessment by investment deciders, investors, and specialized construction agencies for necessary contents. necessary during the preparation and implementation of construction investment projects as a basis for consideration and approval.”.During the appraisal process, there will be a stage of inspection and assessment of whether the organization or individual's expertise is sufficient. eligibility conditions for construction activities, capacity for construction practice for necessary contents in the process of preparation and implementation of construction investment projects as a basis for appraisal.
According to the provisions of Articles 8, 9, 10, 11, 12, 13, 14 of Circular 15/2016/TT-BXD stipulating that the application for a construction permit must have, if the construction design of the work has been approved by a specialized construction agency, design drawings are copies or files containing snapshots of construction design drawings that have been appraised by a specialized construction agency. Thus, based on this regulation, all works that require a construction permit must be appraised before applying for a construction permit.
2. Works that need to be appraised before applying for a construction permit
Pursuant to the provisions of Clause 1, Article 15 of Circular 15/2016/TT-BXD, the application for a construction permit must be supplemented with a copy or a file containing a copy of the original report on construction appraisal results. Designs of construction agencies for works according to regulations must be appraised for designs. And based on the provisions at Point b, Clause 5, Article 10 of Decree 59/2015/ND-CP stipulating: “Department of Construction, Department of specialized construction management specified in Article 76 of this Decree, Maintain the appraisal of the basic design with the contents specified in Clause 2, Article 58 of the Law on Construction 2014 (except for the technological design part) of the investment project on construction of public works, works with impacts on the construction of public works. greatly affect the landscape, environment and safety of the community for works of grade II or less built in the administrative division of the province;”
Thus, according to the above regulations, for public works construction investment projects, works that have a great impact on the landscape, environment and community safety for works of grade II or lower are built. in the administrative area of the province, the Department of Construction will preside over the organization of appraisal of basic design. The district-level People's Committees shall have to perform the state management of the contents regulated by this Decree in their administrative divisions according to decentralization; direct and inspect the division with the function of construction management under the organization to conduct project appraisal, design and construction cost estimates according to the decentralization of the People's Committee of the province.
Contents of design appraisal include:
The conformity of the basic design with the detailed construction planning, the approved total ground or with the selected work route plan, for works built along the route;
The suitability of the basic design with the location of the construction site, the ability to connect with the technical infrastructure of the area;
The suitability of the selected technological plan and technological line for the work requiring technological design;
The suitability of design solutions for construction safety assurance, environmental protection, fire and explosion prevention and control;
Compliance with technical standards and regulations in design;
Capacity conditions for construction activities of organizations, practice capacity of design consultants;
The suitability of the solution to organize project implementation by phase and work item with the requirements of the basic design.
In addition, some construction works are submitted for, extended, and re-issued with construction permits, the application for construction permit adjustment also requires prior appraisal such as:
Dossier for adjustment of construction permit for a work item, additionally requires a copy or a file containing the original copy of the approval document for design adjustment of the competent person as prescribed together with the Manifest of Articles of Association. capacity conditions of designing organizations or individuals for cases where designs are not appraised by specialized construction agencies or reported on results of design appraisal and adjusted by specialized construction agencies in accordance with regulations. of construction law.
Dossier for adjustment of construction permit for individual houses must be submitted together with a copy or file containing the original copy of the design drawing of the ground, elevation, sectional section, and work item requested for adjustment. ratio 1/50 - 1/200. In case of request to be appraised by a specialized construction agency, the report on design appraisal results must be submitted together with the report; In case the construction design of the work has been appraised by a specialized construction agency, the design drawings specified at this Point are copies or files containing snapshots of the basic construction design drawings. construction expertise.
Note: Works according to the provisions of the law on construction before the effective date of the Law on Construction of 2014 are not required to have a construction permit, but under the provisions of the Law on Construction 2014 are subject to the construction permit, if construction has commenced before January 01, 01, may continue construction without having to apply for a construction permit; if construction has not yet started, the investor must apply for a construction permit. construction permit in accordance with the provisions of the Law on Construction 2015, Decree No. 2014/59/ND-CP dated June 2015, 18 of the Government on construction investment project management. In case the works under the above regulations have started construction before January 6, 2015, if there is a design adjustment, the investor only needs to submit the design to a specialized agency in charge of construction for appraisal of the adjusted design before construction. built according to the Adjusted design. For separate houses that are not required to be appraised by a specialized construction agency, the investor shall submit the adjusted design to the construction permit-granting agency according to decentralization for consideration. approve or review Building Permit Modifications.
After the registration procedure for the Investment Registration Certificate is completed, the foreign investor will continue to apply for a license to establish an enterprise based on current legal policies, the company will be established and operated. according to the regulations and laws of Vietnam
The pccc license is one of the mandatory conditions of the investor when carrying out administrative procedures related to the form of construction. The licensing authority belongs to the Fire Prevention and Fighting Police Department or the provincial and city police.
It is the basis for enterprises to understand the current state of environmental quality of the enterprise, thereby proposing effective pollution reduction measures to achieve the prescribed environmental standards. At the same time, the results of environmental quality monitoring will be the basis for the State management agency in charge of environmental protection to evaluate the environmental protection work of the Company.
The basic design needs to be appraised by a specialized construction agency. Examination and assessment of the expertise of enterprises that fully meet the conditions for construction operation capability and construction practice capacity for necessary contents in the process of preparing and implementing construction investment projects. basis for the assessment.
The investor must have a construction permit issued by a competent state agency in accordance with the law, for the purpose of ensuring the construction order in the urban area, ensuring the planned construction according to the standards. certain of the country and ensure urban management issues.