Circular No. 02/2025/TT-BXD dated March 31, 2025 on amendments to Circular No. 06/2021/TT-BXD on classification of constructions and guidelines for application in management of construction investment

CIRCULAR

ON AMENDMENTS TO CIRCULAR NO. 06/2021/TT-BXD DATED JUNE 30, 2021 OF THE MINISTER OF CONSTRUCTION ON CLASSIFICATION OF CONSTRUCTIONS AND GUIDELINES FOR APPLICATION IN MANAGEMENT OF CONSTRUCTION INVESTMENT

Pursuant to the Law on Construction dated June 18, 2014; Law on amendments to Law on Construction dated June 17, 2020;

Pursuant to the Law on Architecture dated June 13, 2019;

Pursuant to Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government elaborating regulations on quality management, construction and maintenance of construction works;

Pursuant to Decree No. 175/2024/ND-CP dated December 30, 2024 of the Government elaborating and providing measures for implementation of the Law on Construction regarding management of construction activities;

Pursuant to Decree No. 33/2025/ND-CP dated February 25, 2025 of the Government on functions, tasks, powers and organizational structure of the Ministry of Construction of Vietnam;

At the request of the Director General of State Authority for Construction Quality Inspection;

The Minister of Construction promulgates the Circular on amendments to Circular No. 06/2021/TT-BXD dated June 30, 2021 of the Minister of Construction on classification of constructions and guidelines for application in management of construction investment.

Article 1. Amendments to Circular No. 06/2021/TT-BXD dated June 30, 2021 of the Minister of Construction on classification of constructions and guidelines for application in management of construction investment

1. Amendments to clause 1 Article 1:

“1. Scope

This Circular regulates classification of constructions and guidelines for application in management of construction investment in accordance with regulations in clause 4 Article 5 of the Law on Construction in 2014 amended by clause 3 Article 1 of the Law on amendments to Law on Construction in 2020 and clause 2 Article 3 of Decree No. 06/2021/ND-CP .”.

2. Addition of clauses 5, 6 and 7 after clause 4 Article 2:

“5. Class of independent construction that is newly constructed and not included in an project with different investment phases of a construction investment project with existing works shall be determined as prescribed in clauses 1, 2 and 3 of this Article.

6. For class of construction included in a project with different investment phases, the criteria in clause 1 of this Article shall be used for determining the construction class when the construction is in completion phase.

7. The determination of the construction class is prescribed in Appendix III attached to this Circular.”.

3. Addition of clauses 4 and 5 after clause 3 Article 3:

“4. For projects with different investment phases, the construction class prescribed in clause 6 Article 2 of this Circular shall be applied for management of construction investment activities as prescribed in clauses 1, 2 and 3 of this Article.

5. The application of the construction class is prescribed in Appendix III attached to this Circular.”.

4. Some contents of Appendices I, II and III are amended in Appendix attached to this Circular.

Article 2. Implementation

1. This Circular comes into force from May 20, 2025.

2. The construction class of the investment project approved before the effective date of this Circular shall be determined in accordance with the law in force at the time of grant of investment decisions.

3. If the feasibility study report or adjusted feasibility study report/construction design following the fundamental design for a project/construction work has been submitted to a specialized construction agency for appraisal before the effective date of this Circular and considered to have met appraisal requirements, the determination and application of construction class for management of construction investment activities shall comply with the law in force at the time of appraisal.

4. In cases where the construction design for a project is adjusted from the effective date of this Circular:

a) If the adjustment of construction design does not lead to the change of level of importance, capacity level, scale of structures, the construction class shall be determined in accordance with the law in force at the time of grant of investment decisions;

b) If the adjustment of construction design leads to the change of level of importance, capacity level, scale of structures, the construction class shall be determined in accordance with regulations in Circular No. 06/2021/TT-BXD amended in this Circular./.