Project owners according to construction law in Vietnam

by BichNgoc

Today, LSX Lawfirm will give you an article about: “Project owners according to construction law in Vietnam”, as follows:

The Construction law 2014

What means of project owners?

Accordingly, construction project owner (below referred to as project owner) means an agency, organization or individual that owns funds; borrows loans; or is assigned to directly manage and use funds; for construction investment activities.

Then, construction work means a product created by human labor and with building materials and equipment installed therein; affixed to land, which possibly includes underground and surface components, underwater and water surface components; and constructed according to design. It include civil works, industrial works, traffic works, agricultural and rural development works, technical infrastructure works and other works.

Project owners according to construction law in Vietnam

Firstly

The project owner determined before the formulation of or upon the approval of a project or in other cases as prescribed by relevant laws.

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Issuing construction permits for foreign contractors

Basic principles of construction investment activities in Vietnam

Secondly

Depending on funding sources used for a project, the project owner specifically determined as follows:

Firstly, for a project using public investment funds, the project owner determined that:  The investment decision makers shall assign the specialized or regional construction investment project management boards to act as project owners. Where a project management board is not available or it is not qualified to act as a project owner, the investment decision maker shall select an agency or organization that fully meets experience and managerial capacity requirements to act as the project owner. It related to project owners according to construction law in Vietnam.

Secondly, for a project using state funds as prescribed by relevant laws (hereinafter referred to as “project using non-public investment state funds”), the project owner is the agency or organization assigned by the investment decision maker to manage and use the funds for construction investment.

Thirdly, for a project to be implemented in the public-private partnership form (hereinafter referred to as “PPP project”); the project owner is the PPP project enterprise established in accordance with the provisions of the Law on investment in public-private partnership form.

In addition

For a project which uses lawful investment sources of organizations and individuals; is other than the one prescribed above (hereinafter referred to as “project using other funds”) and implemented by an investor as prescribed by the Law on investment; the project owner is the investor approved by a competent authority. Where multiple investors involve in the project, they may establish an organization or authorize a qualified investor to act as the project owner. If relevant laws stipulate the selection and certification of project owner, such selection and certification of project owner must meet relevant conditions and comply with relevant laws.

Finally, for projects other than those prescribed in Points a, b, c and d of this Clause, project owners shall be the owners of investment funds.

Responsibilities of project owners according to construction law in Vietnam

Project owners shall take responsibility before law and investment deciders within the limits of their rights and obligations prescribed in the Construction Law and relevant laws.

Related questions about project owners according to construction law in Vietnam

Construction of a work means?

So, construction of a work means the construction of, and installation of equipment for; a newly built, repaired; renovated, relocated, embellished or restored work; dismantlement of a work; warranty and maintenance of a construction work.

Basic design means?

So, Basic design means a design made in the construction investment feasibility study report; based on the selected design plan; demonstrating the principal technical parameters suitable to applied standards and technical regulations; which serves as a basis for proceeding with subsequent designing steps. So, it related to basic principles of construction investment activities in Vietnam. It related to types and grades of construction works in Vietnam.

Equipment installed in a work includes?

Equipment installed in a work includes work equipment and technological equipment. Work equipment means equipment installed in a construction work according to its construction design. Technological equipment means equipment included in the technological chain installed in a work according to its technological design.

Contact LSX Lawfirm

Finally, hope this article is useful for you to answer the question about: “Project owners according to construction law in Vietnam”. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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