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ARTICLE 5/13 DESIGN IN CONSTRUCTION

Article 5 / 13 · Viet Nam Construction Law 2014 – amended 2020

Design in construction under the 2014 Construction Law (amended 2020)

INDUSVINA provides clear and practical guidance on construction design – a decisive step for safety, functionality, aesthetics and economic efficiency of every project.

TopicConstruction design · Project management
SectorCivil & industrial construction · Infrastructure
BrandINDUSVINA
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I. Definition and role of construction design

Construction design is the process of transforming project requirements into a system of drawings, models and technical specifications that serve as the legal and technical basis for construction, inspection, acceptance and operation of the works. It is a critical step in project management and determines:

  • The level of safety, functionality and service life of the works.
  • The architectural aesthetics, technical consistency and economic efficiency.
  • Compliance with law, planning and development orientation of urban and rural areas.
Key principle: Without correct design, the project is wrong from the very beginning.

II. Mandatory principles in construction design

Under the Construction Law 2014, as amended and supplemented by Law No. 62/2020/QH14, every construction design dossier must satisfy the following core requirements:

  • Conformity with planning, architecture and landscape: design must comply with regional, urban and rural construction planning, detailed planning and specific regulations on architectural and landscape management of the area.
  • Compliance with technical regulations and standards: correct application of national technical regulations (QCVN), Vietnamese standards (TCVN) and permitted foreign or corporate standards.
  • Assurance of safety, functionality and aesthetics: structural safety, safe use, fire protection, water supply and drainage, ventilation, lighting, internal traffic and architectural appearance.
  • Technical and economic efficiency: optimisation of capital expenditure and operating & maintenance costs, with structural solutions, materials and technology appropriate to climate, geology and usage requirements.

III. Design stages in construction

Depending on project scale, characteristics and type of works, the law allows design to be organised in one, two or three stages. The purpose is to control risk and quality at each level.

Number of stages Design stages Meaning & typical application
1 stage Construction drawing design Applied to small and simple works. The design dossier focuses on detailed construction drawings and technical descriptions used directly for construction.
2 stages Basic design → Construction drawing design Common for most projects. The basic design is prepared in the investment project dossier, serving as a basis for appraisal and approval of the project, then developed into the construction drawing design.
3 stages Basic design → Technical design → Construction drawing design Used for large, important works or those with complex technology. The technical design details and refines solutions on the basis of the basic design before moving to construction drawings.
Reminder: Each design stage is a quality control layer. Skipping or simplifying stages arbitrarily increases risks in safety, legal compliance and project cost.

IV. Design verification, appraisal and approval

A construction design dossier is not only prepared by the consultant but must also pass through several independent control layers:

  • Design verification: conducted by consultants with appropriate competence; verifying structural safety, stability, fire prevention and fighting, foundations, structural solutions and technical systems.
  • Design appraisal: performed by competent state agencies or the investment decider to assess compliance with planning, legal requirements and conformity with project objectives and scale.
  • Design approval: granted only after satisfactory appraisal results, serving as the legal basis for construction and acceptance.
Golden rule: Any design that has not been properly verified and appraised must not be used for construction.

V. New points of the 2020 amendments on construction design

Law No. 62/2020/QH14 strongly encourages the application of modern technologies, materials and technical solutions in construction design to enhance quality and promote sustainable development:

  • Application of BIM (Building Information Modeling): modelling construction information, improving coordination between architecture, structure and M&E, reducing drawing conflicts, minimising design changes during construction and saving time and cost.
  • Use of new materials and technologies: high-strength concrete, quality steel, green and environmentally friendly materials, advanced structural solutions that meet high requirements on service life and safety.
  • Energy efficiency and environmental protection: façade and envelope design, natural ventilation, daylighting and the use of renewable energy sources to reduce operating cost and emissions.

VI. Practical value of proper construction design

If construction design is carried out in full compliance with legal provisions and proper procedure, both investors and contractors gain:

  • Significant reduction of construction risks and design changes.
  • Optimised investment cost and shortened schedule while maintaining quality.
  • Smoother acceptance, payment and final settlement.
  • Enhanced reputation of investors, consultants and contractors in the eyes of partners and authorities.
  • Durable works with safe and stable operation throughout their service life.

Conversely, poorly prepared designs that do not follow regulations and are not properly verified and appraised often lead to cost overruns, schedule delays, acceptance difficulties and, more seriously, safety risks to users.

VII. Suggested reading within the series on the Construction Law

To have an overall picture and follow the 13-article series on the 2014 Construction Law (amended 2020), you should also read:

  • The overview article: Main contents of the 2014 Construction Law – amended 2020.
  • Article 1: Scope of regulation and subjects of application.
  • Article 3: Construction planning.
  • Article 4: Management of construction investment projects.

The next article (Article 6) will focus on construction permits – one of the most commonly misunderstood procedures that often creates obstacles for investors and contractors during project implementation.

INDUSVINA shares free materials, diagrams and practical examples on project management and construction design. When quoting or reusing this content, please mention INDUSVINA as the source so we can together spread reliable knowledge within the construction community.

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