Legal document newsletter week 28/07/2023

SOME AMENDMENTS AND SUPPLEMENTS ON QUALITY MANAGEMENT, CONSTRUCTION AND MAINTENANCE OF CONSTRUCTION WORKS 

IN DECREE NO. 35/2023/ND-CP OF THE GOVERNMENT 

On June 20, 2023 , the Government issued Decree No. 35/2023/ND-CP (ND35/2023) amending and supplementing a number of articles of decrees in the field of state management of the Ministry of Construction. The Decree takes effect from the date of signing. 

One of the important contents of Decree 35/2023 is to amend and supplement a number of articles of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government (Decree 06/2021) providing detailed instructions on quality management, construction and maintenance of construction works. 

Accordingly, in Article 11 of Decree 35/2023, a number of points and clauses in Articles 7, 17, 19, 21, 23, 24, 27 and 53 of Decree 06/2021 have been amended and supplemented . 

Some notable points are as follows: 

  1. Amend and supplement regulations on EPC general contractors to ensure consistency with Decree No. 50/2021/ND-CP (Articles 7, 9, 21 Decree 06/2021 ). 
  2. Amending regulations on construction volume management (Article 17 Decree 06/2021 ). 
  3. Adding regulations that investors must comply with the provisions of law on fire prevention and fighting and environmental protection during construction work; After organizing the acceptance and completion of the project, the investor continues to carry out procedures before putting the project into operation in accordance with the provisions of law on environmental protection (Article 23 Decree 06/2021 ). 
  4. Strengthen the decentralization of authority to inspect the work of accepting and putting projects into operation and use from specialized construction agencies under the Ministry of specialized construction management to specialized construction agencies under the Committee. Provincial people for: works under projects whose investment is decided by ministries and central agencies; Works belonging to projects in which state-owned economic groups decide to invest or are investors; Works under construction investment projects only prepare construction investment technical economic reports (Article 24 Decree 06/2021 ). 
  5. Supplementing regulations on conditions for putting works and work items in urban area projects into operation and use in the direction of: requiring investors to complete the investment in construction of technical infrastructure works , social infrastructure and other works, ensuring connection with the region’s common technical infrastructure according to investment phases and construction plans in the construction feasibility study report that has been appraised and approved. before putting housing projects into operation and use (Articles 23, 27 Decree 06/2021 ). 
  6. Amending and supplementing regulations on transitional handling when changing authority to inspect construction work acceptance (Article 53 Decree 06/2021 ). 
  7. Appendix No. V replaces Appendix VII Decree 06/2021 . 

Link to see details of Circular No. 23/2023/TT-BTC: https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Nghi-dinh-35-2023-ND-CP-sua-doi -cac-dinh-dinh-spirit-vaccination-management-nha-water-516212.aspx