CONDITIONS MUST BE PRESENT BEFORE BEGINNING CONSTRUCTION

1. What is a construction project?

Pursuant to Point c, Clause 1, Article 1 of the Construction Law amended in 2020, regulations on the concept of construction works are as follows:

"Construction work is a product built according to design, made up of human labor, construction materials, and equipment installed into the project, linked to the land, and may include the underground part, the above-ground part, the underwater part and the above-water part."

(Illustration of the factory construction project by Hung Nghiep Phu Construction Investment Co., Ltd. as the contractor)

2. Principles in construction investment activities

Pursuant to Article 4 of the Construction Law in 2014, it stipulates basic principles in construction investment activities including:

- Ensuring investment in construction according to planning, design, and protection of landscape and environment; suitable to the natural, social conditions and cultural characteristics of the locality; ensure stability in people's lives; combining socio-economic development with national defense, security, natural disaster prevention and control and response to climate change (amended by point a, clause 2, Article 1 of the Construction Law amended in 2020).

- Reasonably use resources and resources in the project area, ensuring the correct purpose, object and construction investment sequence.

- Comply with standards, technical regulations, and legal regulations on the use of construction materials; ensure convenient and safe access and use of works for people with disabilities, the elderly, and children in public works and high-rise buildings; Applying science and technology, applying construction information systems in construction investment activities.

- Ensuring quality, progress, project safety, human life, health and property; fire prevention; environmental protection.

- Ensure synchronous construction in each project and synchronization with technical and social infrastructure projects.

- Organizations and individuals participating in construction activities must have sufficient capacity according to regulations; be responsible for the quality of the work they perform according to the provisions of this Law (amended by Point b, Clause 2, Article 1 of the Construction Law amended in 2020).

- Ensuring publicity, transparency, savings and efficiency; Prevent and combat corruption, waste, loss and other negative effects in construction investment activities.

- Clearly delineate the state management function in construction investment activities with the management function of the investment decision maker and investor in accordance with each type of capital source used (amended by point c, clause 2 Article 1 of the Construction Law amended in 2020).

- When formulating and implementing construction planning, construction investment, management and operation of construction projects, and development of construction materials, there must be technical and management solutions to ensure economical and effective use. energy, resources and environmental protection. (added by point c, clause 2, Article 1 of the Construction Law amended in 2020).

(Illustration of the factory construction project by Hung Nghiep Phu Construction Investment Co., Ltd. as the contractor)

3. Conditions for starting construction

Before starting construction, it is necessary to determine whether the conditions for starting the project according to construction law have been met. This is considered one of the important steps in the process of preparing to build a project. 

In the Construction Law 2014, in Article 107 (Clause 1 of this Article is amended by Clause 39, Article 1 of the Construction Law amended in 2020), there are regulations on project start-up conditions, specifically the start of construction. The program must fully meet the following elements: 

3.1. Meets construction site requirements

The first thing is to meet the ground level to have a clear construction location. The construction process can be divided into many stages, with forms of implementation according to each project progress or implementation of the entire project, applicable to projects with a scale that is not too large. Therefore, meeting the site will also depend on the construction progress of the project or must meet the entire site so that the construction process can be carried out in accordance with the previously proposed plan.

(Illustration of the factory construction project by Hung Nghiep Phu Construction Investment Co., Ltd. as the contractor)

3.2. Make sure you have a construction permit 
       Depending on the type of construction project, a construction permit is required to comply with the conditions for starting construction. This helps construction to be carried out in accordance with State regulations and laws.

      According to regulations, the State requires a construction permit for specific projects clearly stated in Article 89 of the Construction Law 2014. In addition, there are also regulations on projects that do not require construction permits. A construction permit is required and is also specifically stipulated in Article 89, Clause 2.  

>>> See more:

• Hướng dẫn thủ tục xin giấy phép xây dựng mới nhất năm 2024
• Hồ sơ xin giấy phép xây dựng mới nhất năm 2024

3.3. There are project design drawings 
       Before construction, projects must have specific design drawings for each item and must be inspected and approved by the investor. This approval check must be confirmed by the investor on the drawings and designs of that project. Based on this drawing, construction must be carried out exactly as in the previously proposed design.

(Illustration of the factory construction project by Hung Nghiep Phu Construction Investment Co., Ltd. as the contractor)

3.4. Make a contract with the contractor 
       If the investor's construction project involves selecting a contractor to carry out the construction, there must be a written contract signed between the investor and the contractor in accordance with regulations. that the law has established.

3.5. Ensure construction capital

       Before starting construction, the investor must ensure capital and funding to be able to meet the conditions to keep up with the progress of the project. Avoid unnecessary incidents such as lack of funds to carry out stages in the construction process.

(Illustration of the factory construction project by Hung Nghiep Phu Construction Investment Co., Ltd. as the contractor)

3.6. Ensuring safety and environmental hygiene

       During the construction process, investors and contractors must always pay attention to ensuring environmental safety and hygiene. Take measures and have tools to ensure everyone's safety and also help protect the environment. This must be done meticulously throughout the process from the beginning to the end of the construction process.

3.7. Ensure other related issues

       During the pre-construction process, it is necessary to fulfill the requirements regarding permit conditions, site conditions, all other issues related to requirements for construction works, safety measures. Safety and environmental protection during the construction process or requirements for the use of materials for construction must also be implemented in accordance with the provisions of Article 109 and Article 110 of the 2014 Construction Law.

(Illustration of the factory construction project by Hung Nghiep Phu Construction Investment Co., Ltd. as the contractor)

4. Why must the conditions for starting construction work be fulfilled?

Fulfilling the conditions for starting construction is very important for the following reasons:

• Ensuring legality and compliance with legal regulations: Compliance with construction start conditions helps ensure that construction works comply with legal regulations. This helps avoid legal disputes and issues related to land use rights and planning.
• Ensuring safety for people and property: Measures for labor safety, environmental sanitation and safety for neighboring works are mandatory requirements to protect the lives and health of workers. and surrounding communities, as well as protecting their property.
• Environmental protection: Environmental protection measures are required to minimize the negative impact of construction work on the natural environment. This includes waste management, noise control, and natural resource protection.
• Ensuring construction quality: Designing construction drawings and using contractors with qualified construction operations capabilities helps ensure that the project is built according to technical specifications, meets quality standards and meets construction standards. prescribed technical standards.
• Ensuring progress and finance: Having a clear financial plan and guaranteed capital helps the project not be interrupted, ensuring project progress and completion on time. 
• Prevent and resolve disputes: Complying with construction start conditions helps minimize risks of land disputes, land use rights, and other disputes related to construction.
• Enhance the reputation and responsibility of investors and contractors: Compliance with regulations and conditions for starting construction helps strengthen the reputation of investors and contractors, showing that they are responsible operators. responsible and professional in the construction field.

(Illustration of the factory construction project by Hung Nghiep Phu Construction Investment Co., Ltd. as the contractor)

Above are the conditions for starting construction that any investor must comply with to ensure their project is built without any risks. Hung Nghiep Phu specializes in full-package contracting for civil and industrial construction projects. Contact Hung Nghiep Phu Construction Investment Co., Ltd. for advice today!

------------------------------

CONTACT INFO:

Facebook:  Công ty TNHH Đầu tư Xây dựng Hưng Nghiệp Phú (興業富)

Hotline: 1800.3368 (Miễn phí)

Website: xaydunghunnghiepphu.com

Gmail: kinhdoanh01@xaydunghunnghiepphu.com

Address: No. 2034D, Group 22, Phuoc Thai Quarter, Thai Hoa Ward, Tan Uyen Town, Binh Duong Province

-------

Source: collected on the Internet