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Decree 217/2026/ND-CP: Construction Investment Guide
Decree 217/2026/ND-CP provides comprehensive regulations for construction investment activities in Vietnam. It details general provisions, project management, survey, design, and appraisal processes. The decree aims to streamline procedures, promote digital transformation, and ensure quality and efficiency in construction projects, covering various project types and management responsibilities.
Key Takeaways
Decree 217/2026/ND-CP governs Vietnam's construction investment.
It mandates BIM application for major projects.
Clear procedures for project survey, design, and appraisal.
Defines roles and conditions for project investors.
Emphasizes digital transformation in construction.
What is the scope of Decree 217/2026/ND-CP?
Decree 217/2026/ND-CP elaborates on 21 specific provisions of the 2025 Construction Law, structured into four main content groups. This comprehensive decree provides detailed guidance for various aspects of construction investment activities, ensuring clarity and compliance across the sector.
- Details 21 contents of the 2025 Construction Law.
- Organized into four key content groups.
- Covers management, subjects, standards, and design.
- Includes project investment, licensing, and specific works.
Who are the subjects of application for this Decree?
This Decree applies to all agencies, organizations, and individuals involved in construction activities within Vietnam. It specifically targets key stakeholders responsible for project initiation, management, and regulatory oversight, ensuring broad compliance.
- Agencies, organizations, and individuals in construction.
- Investment decision-makers, investors, project preparation bodies.
- Specialized construction agencies and state management bodies.
How are key terms interpreted in Decree 217/2026/ND-CP?
The Decree provides essential definitions for various terms, clarifying concepts related to construction works, project entities, and timelines. This ensures consistent understanding and application of the regulations across all stakeholders and project phases.
- Defines 'main works,' 'high-impact works,' and 'linear works'.
- Clarifies 'central agencies' and 'project preparation agencies'.
- Specifies 'project implementation time' from investment decision to handover.
What is the construction investment procedure outlined in the Decree?
The Decree outlines a structured three-phase construction investment procedure: preparation, implementation, and completion. It also provides flexible mechanisms for special projects and allows for concurrent steps to accelerate progress, ensuring efficient project execution.
- Three phases: Preparation, Implementation, and Completion.
- Special procedures for urgent, temporary, or PPP projects.
- Allows flexible execution of steps for faster progress.
How are construction investment projects classified?
Projects are classified based on the 2025 Construction Law and their purpose, with specific provisions for foreign-funded, ODA, and state budget projects. This ensures appropriate management and regulatory frameworks are applied according to project characteristics and funding sources.
- Classified by 2025 Construction Law and purpose/function.
- Specific rules for foreign-funded, ODA, and state budget projects.
- Management aligns with public investment, PPP, or business projects.
What are the conditions for assigning an investor to a project?
The investment decision-maker assigns the investor, typically before or during the investment decision. For public investment projects, priority is given to affiliated project management boards, with specific conditions for other entities or personnel supplementation.
- Assigned by the investment decision-maker.
- Priority for affiliated project management boards in public investment.
- Conditions for other agencies include personnel or prior experience.
- Allows external expert contracts to supplement human resources.
What principles govern administrative procedures under this Decree?
Organizations and individuals are responsible for the accuracy of their submitted documents. Electronic records must use structured formats for digital integration. Agencies must not request information already in national databases and are responsible only within their authority.
- Applicants are responsible for document accuracy.
- Electronic records must use structured, connectable formats.
- Agencies use national databases, update information.
- Agencies' responsibility is limited to their authority.
How does the Decree promote BIM and digital technology solutions?
BIM application is mandatory for Grade II and higher projects, with encouragement for others. Data submission must follow open standards. Common Data Environments (CDE) are required for Grade I public investment projects, promoting digital transformation in construction.
- BIM mandatory for Grade II+ projects; encouraged for others.
- BIM data submitted in open, verifiable formats.
- CDE required for Grade I public investment projects.
- State agencies to develop BIM adoption roadmaps.
What are the rules for applying standards in construction activities?
Investors must establish and gain approval for a list of applicable standards. International, regional, or foreign standards can be used if compatible with project technology and local regulations. Facility standards must comply with technical regulations and national standards.
- Investors prepare and approve project standard lists.
- International standards require compatibility and legal compliance.
- Facility standards must adhere to technical regulations.
What is the procedure for conducting construction surveys?
The construction survey process involves preparing and approving survey tasks and technical plans, followed by execution, acceptance, and approval of results. This structured approach ensures thorough and accurate data collection for project development.
- Prepare and approve survey tasks.
- Develop and approve technical survey plans.
- Execute the construction survey.
- Accept and approve survey results.
What are the key tasks in a construction survey?
Construction survey tasks define the purpose, scope, and standards for new, renovated, or expanded projects. The investor prepares and approves these tasks, which can be modified if unusual factors or design changes arise, ensuring adaptability.
- Defines purpose, scope, standards, and estimated costs.
- Prepared and approved by the investor.
- Can be modified due to unusual factors or design changes.
- Considers previous survey results for subsequent design steps.
What constitutes a technical plan for construction surveys?
The technical plan for construction surveys is developed by the survey contractor based on approved tasks. It details methodology, equipment, laboratory use, and safety measures, ensuring a systematic and secure survey process.
- Prepared by the survey contractor based on approved tasks.
- Includes methodology, equipment, and laboratory standards.
- Outlines implementation, quality control, and safety measures.
- Approved by the investor after review.
How is construction survey work managed?
Survey contractors must deploy qualified personnel and implement quality control. Investors oversee the survey, either directly or through a specialized unit, monitoring personnel, equipment, procedures, and safety. Investors can halt work if deviations occur.
- Contractors ensure qualified personnel and quality control.
- Investors supervise personnel, equipment, and safety.
- Monitoring includes location, volume, and testing procedures.
- Investors can suspend work for non-compliance.
What content is required in a construction survey report?
A construction survey report must detail the basis for the survey, project overview, applied standards, and methods. It includes executed volumes, test results, data analysis, and recommendations for design and construction, concluding with general findings.
- Details survey basis, project overview, and applied standards.
- Presents executed volumes, test results, and data analysis.
- Offers technical solutions for design and construction.
- Includes general conclusions, recommendations, and appendices.
How is a construction survey report approved?
The investor approves the construction survey report, either directly or after review by an independent consultant. The survey contractor remains fully responsible for the quality of their work, irrespective of the investor's approval, ensuring accountability.
- Investor approves the report, potentially with consultant review.
- Contractor bears full legal responsibility for survey quality.
- Approval does not diminish contractor's quality accountability.
- Report becomes part of the project completion dossier.
What are the general regulations for construction design?
The investment decision-maker determines the number of design steps, which can range from one to multiple steps, including international practices. Subsequent design steps must align with previous technical parameters, allowing for efficiency improvements.
- Number of design steps determined by investment decision-maker.
- Options include one, two, three, or multiple steps.
- Later design steps must conform to earlier technical parameters.
- Investors can adjust designs for efficiency, with reporting requirements.
What are the requirements for construction design tasks?
Construction design tasks, prepared by the investor or a consultant, serve as the basis for project development and subsequent design steps. They define objectives, location, planning requirements, scale, and technical specifications, ensuring project alignment.
- Prepared by investor or experienced design consultant.
- Basis for project and subsequent design steps.
- Includes objectives, location, planning, and technical requirements.
- Can be modified to suit reality and enhance project efficiency.
What is the required format for construction design documents?
Design documents for each work must include explanations, drawings, and related materials, adhering to specific standards for size, scale, and title blocks. Electronic documents require digital signatures and structured formats for easy access and storage.
- Comprises explanations, drawings, and related documents.
- Drawings must follow standards for size, scale, and title blocks.
- Title blocks require signatures of designers and supervisors.
- Electronic documents need digital signatures and structured folders.
What content is included in a preliminary design?
Preliminary design presents initial concepts and overall solutions to define project scale and technology. It serves as a basis for subsequent design phases, including feasibility studies, and comprises explanations and drawings detailing initial ideas.
- Expresses initial ideas and overall solutions.
- Determines preliminary scale and technology.
- Includes explanations on project nature, site, and planning.
- Drawings show site location, general layout, and design concepts.
What are the contents of a basic design?
Basic design must meet project objectives, ensuring compatibility and synchronization. It includes explanations covering site, scale, standards, survey results, architectural plans, structural calculations, and estimated costs, along with detailed drawings.
- Meets project objectives, ensuring compatibility.
- Explanations cover site, scale, standards, and survey results.
- Includes architectural plans, structural calculations, and cost estimates.
- Drawings show general layout, elevations, sections, and technical systems.
What does a FEED design entail?
FEED (Front-End Engineering Design) specifies technology, equipment, materials, architecture, and structure for projects with technological components. It includes explanations, drawings, technical specifications, and related bidding documents, ensuring detailed planning.
- Specifies technology, equipment, and materials.
- Includes structural explanations and safety calculations.
- Drawings show technological lines, equipment, and systems.
- Ensures compliance with fire prevention and infrastructure connection.
What content is required in a technical design?
Technical design elaborates on all architectural, structural, technological, and technical solutions from the basic design or FEED, forming the basis for construction drawings. It includes detailed explanations, drawings, and technical specifications for implementation.
- Details architectural, structural, and technological solutions.
- Explanations cover standards, loads, and structural calculations.
- Drawings show detailed dimensions, parameters, and materials.
- Ensures full information on fire prevention and rescue.
What are the components of a construction drawing design?
Construction drawing design includes detailed solutions for architecture, structure, technology, and technical systems, specifying parameters, materials, and construction details. It comprises explanations, drawings, technical specifications, and maintenance procedures for execution.
- Details architectural, structural, and technical solutions.
- Specifies technical parameters, materials, and construction details.
- Includes explanations, drawings, technical specifications.
- Outlines construction maintenance procedures.
What are technical specifications in construction?
Technical specifications are a set of technical requirements based on applicable standards and design, guiding materials, construction, supervision, and acceptance. They are an integral part of design documents, mandatory for most projects, and included in bidding documents.
- Technical requirements based on standards and design.
- Guides materials, construction, supervision, and acceptance.
- Integral part of design documents, mandatory for most projects.
- Required for special, Grade I, or complex projects.
How is construction design work managed?
Design consultants are fully responsible for design quality. Appraisal and approval processes do not diminish this responsibility. For large or complex projects, consultants can propose experiments to verify structural performance, ensuring safety and technical requirements.
- Design consultants are fully responsible for quality.
- Appraisal does not reduce consultant's responsibility.
- Consultants can propose experiments for complex projects.
- Design documents are accepted after appraisal and approval.
What planning serves as the basis for feasibility and economic-technical reports?
Various planning documents, such as general, zoning, or specialized infrastructure plans, serve as the basis for feasibility and economic-technical reports. Specific planning types apply depending on the project's nature, with exemptions for certain renovation or replacement projects.
- Based on general, zoning, or specialized infrastructure plans.
- Specific planning applies to different project types.
- Exemptions for renovation or replacement projects under certain conditions.
- Allows adjustments if within planning guidelines and project objectives.
What are the requirements for preparing feasibility and economic-technical reports?
Feasibility reports cover the entire project or components, aligning with investment approval. Economic-technical reports apply to small or simple projects, including religious, low-cost, or maintenance works. Investors can opt for a feasibility report for better management.
- Feasibility reports for entire projects or components.
- Economic-technical reports for small or simple projects.
- Includes religious, low-cost, or maintenance projects.
- Investors can choose feasibility reports for enhanced management.
How are component projects separated and investments phased?
Component projects and phased investments must comply with relevant laws and be clearly defined in investment approval documents. The investment decision-maker determines separation in later stages, ensuring consistency and operational synchronization across the entire project.
- Separation and phasing must comply with investment laws.
- Defined in investment approval documents.
- Investment decision-maker determines later stage separation.
- Ensures consistency and operational synchronization.
What content is required in a feasibility study report?
A feasibility study report details project necessity, objectives, scale, and alignment with investment policies. It covers site, land use, implementation factors, environmental impacts, compensation plans, timelines, total investment, funding, and socio-economic efficiency.
- Covers project necessity, objectives, and scale.
- Includes site, land use, and implementation factors.
- Addresses environmental impacts and compensation plans.
- Details timelines, total investment, funding, and efficiency.
What content is required in an economic-technical report?
An economic-technical report outlines project necessity, objectives, scale, and investment policy alignment. It covers site, land use, investment form, implementation factors, site clearance, project grade, fire prevention, environmental assessment, and timelines.
- Outlines project necessity, objectives, and scale.
- Covers site, land use, and investment form.
- Addresses implementation factors, site clearance, and project grade.
- Includes fire prevention, environmental assessment, and timelines.
How are feasibility and economic-technical reports appraised by the investment decision-maker?
The investment decision-maker appraises these reports, forming an appraisal council for major projects or assigning specialized agencies. Appraisal ensures compliance with the Construction Law, focusing on technology, environment, planning, and investment costs, before final approval.
- Appraised by the investment decision-maker.
- Council for major projects; specialized agencies for others.
- Focuses on technology, environment, planning, and costs.
- Final approval after consolidating all appraisal results.
Frequently Asked Questions
What is the primary purpose of Decree 217/2026/ND-CP?
It details the implementation of the 2025 Construction Law, providing specific regulations for construction investment activities, project management, design, and appraisal processes in Vietnam.
Which types of projects are required to apply BIM technology?
BIM application is mandatory for construction projects of Grade II and above, starting from the feasibility study or economic-technical report phase, with some exceptions.
How are construction investment projects classified under this Decree?
Projects are classified based on the 2025 Construction Law and their purpose/function, with specific rules for foreign-funded, ODA, and state budget projects.