Construction Design Appraisal Guide

The construction design appraisal for post-basic designs requires strict adherence to prerequisites. These conditions ensure the legality and conformity of the submission file. They are the basis for a competent state agency to accept and process the application.

Prerequisites for the Construction Design Appraisal Procedure

Based on Article 45 of Decree No. 175/2024/ND-CP, the submission file for appraisal must meet the following conditions:

• Legality and Conformity: The file must have a complete legal basis. All documents must be valid, and their content must be consistent and align with the submission letter requesting appraisal.
• Completeness: A submission file is considered valid when it includes all components as stipulated in Clause 2, Article 45 of Decree No. 175/2024/ND-CP. It must not lack any legal documents, design files, survey reports, or other related materials.
• Design File Formatting: The file must be prepared according to the specifications in Article 37 of Decree No. 175/2024/ND-CP. The primary language of the file is Vietnamese. The entire file must be checked, signed, and stamped for confirmation by the appraisal requester.
• Compliance with Specialized Laws: For projects with architectural components, the architectural design file must strictly comply with the provisions of the law on architecture.
• Contractor Competency: The investor must possess the full construction activity competency certificates for the survey contractor and the design contractor. The practice certificate codes of the lead surveyor and lead designers for all disciplines must be valid. Foreign contractors must have a construction activity permit for Vietnam. A design verification report, prepared by the verification consulting contractor and confirmed by the investor, is required upon request.

Additionally, Group B projects or larger with new Grade II or higher structures must provide BIM data. The BIM data should be in its native format and the IFC 4.0 standard, showing three-dimensional position and shape. Each BIM file must not exceed 500MB and must contain the full dimensions of the main components as per Clause 2, Article 8 of Decree No. 175/2024/ND-CP.

Jurisdictional Authorities

The authority to receive and process the construction design appraisal procedure is clearly decentralized between central and local agencies. This jurisdiction is detailed in Subsection 2, Section A, Part II and Subsection 2, Section B, Part II of Decision 864/QD-BXD issued by the Ministry of Construction on June 19, 2025 (effective July 1, 2025).

The competent authority is determined based on capital source, project scale, construction grade, and project location.

Specialized Agencies under Ministries

These agencies preside over the appraisal of national key projects, projects assigned by the Prime Minister, or projects invested in by the Ministries themselves.

• Ministry of Construction (MOC): Appraises civil construction projects; urban area and housing projects; technical infrastructure projects in functional zones; light industry, construction material manufacturing, and road infrastructure projects within urban areas (excluding national highways).
• Ministry of Agriculture and Environment: Appraises projects for agriculture and rural development.
• Ministry of Industry and Trade (MOIT): Appraises industrial construction projects (excluding those managed by the MOC).

Provincial-Level Specialized Construction Agencies

• Department of Construction: Appraises civil projects, urban area projects, light industry projects, and certain transport infrastructure projects within its jurisdiction.
• Department of Agriculture and Environment: Appraises agricultural and rural development projects.
• Department of Industry and Trade: Appraises industrial projects (excluding those managed by the Department of Construction).
• Management Boards of Industrial Parks, Export Processing Zones, High-Tech Parks, Economic Zones: Appraise projects constructed within their managed zones.
• Construction Management Agencies under Commune-Level People’s Committees: Appraise works within their commune if delegated authority by the provincial People’s Committee.

In cases where these agencies are merged or renamed, the successor agency assumes the appraisal authority. For sea reclamation projects, appraisal jurisdiction follows the land law. Correctly identifying the processing agency helps clients submit files to the right place, avoiding transfers or rejections.

File Composition

Preparing a complete and accurate file is crucial for a successful construction design appraisal. The file composition must strictly adhere to Decision No. 864/QD-BXD and Decree No. 175/2024/ND-CP.

The requester needs to prepare one set of documents, including the following:

A submission letter for the appraisal using Form No. 08, Appendix I of Decree No. 175/2024/ND-CP.

Accompanying legal documents:

• The project investment approval decision, along with the approved feasibility study report.
• The result of the basic design appraisal from the specialized construction agency, with the stamped design drawings.
• A fire protection design approval document (if required).
• A design verification report confirmed by the investor (if required).
• Other relevant legal documents.

The approved construction survey file; the construction design file being submitted for appraisal.

Competency information:

• Competency certificate codes of the survey, design, and verification contractors.
• Practice certificate codes of the lead surveyors and designers.
• The construction activity permit for any foreign contractors.

For public investment projects, the file must also include:

• The construction cost estimate.
• Relevant data on prices, norms, and quotes used to determine the cost estimate.

For works with construction violations, the file must also include:

• An investor’s report on project implementation and the current construction status.
• Records and decisions on administrative penalties.
• A structural assessment report from a qualified inspection organization.

For renovation or repair works, the file must also include:

• A survey report of the existing structure.
• A structural assessment report.

For Group B projects or larger with new Grade II or higher structures, the requester must provide BIM data in native and IFC 4.0 formats on a common storage device.

File Submission Methods

Current regulations provide flexible methods for submitting the construction design appraisal file. Choosing the right method saves time and travel costs. These methods ensure transparency in the administrative process.

Based on Decision No. 864/QD-BXD, the requester can choose one of three methods:

Direct Submission:

• The requester or an authorized representative submits the file directly at the Single-Window Department of the competent authority.
• For central-level files, submission is at the Single-Window Department of the relevant Ministry (MOC, MOIT, etc.).
• For provincial-level files, submission is at the Provincial Public Administration Service Center or the Single-Window Department of the delegated agency (Department of Construction, etc.).
• This method allows for a preliminary check of the file’s completeness.

Postal Service Submission:

• The requester sends the complete file via public postal service or a licensed courier to the competent authority’s address.
• The date of receipt is determined by the postmark. This is suitable for remote investors. Ensure the package is secure to prevent loss.

Online Submission:

• The requester submits the file through the National Public Service Portal or the competent authority’s portal (ministry or provincial level).
• Documents are digitized and uploaded. This method is increasingly encouraged for its convenience, speed, and 24/7 tracking capability. The submitter needs a digital signature to authenticate electronic documents.

Resolution Procedure

The resolution procedure for the construction design appraisal is strictly regulated in terms of time and steps. This process ensures the appraisal is conducted objectively, transparently, and on schedule.

The procedure follows these steps as defined in Decision No. 864/QD-BXD:

Step 1: File Submission

• The requester submits one complete file using one of the methods mentioned above.

Step 2: Receipt and Review

Within 07 working days of receiving the file, the specialized construction agency will:

• Check the file’s completeness and validity.
• If the file is incomplete, the agency will issue a one-time written request for supplementation.
• If the file content does not match the submission letter, the agency will issue a written refusal.

Step 3: Handle Supplementation or Suspension

• During the appraisal, the agency may suspend the process once and notify the requester of any errors or missing data that prevent a conclusion.
• If the requester fails to supplement the file within 20 days of the request, the agency will stop the appraisal, and the requester can retrieve the file.

Step 4: Appraisal and Result Notification

From the date of receiving a complete and valid file, the agency will conduct the appraisal and issue a notification of the result within the following timeframes:

• Not exceeding 40 days for special-grade and Grade I works.
• Not exceeding 30 days for Grade II and Grade III works.
• Not exceeding 20 days for all other works.
• The notification may state that the design is not yet qualified or is qualified only after revisions.

Step 5: Return of Results

The result is a formal Notification of Appraisal Result (Form No. 10) and the design drawings stamped as “Appraised” (Form No. 12). These are returned to the requester at the Single-Window Department.

Estimated Appraisal Costs

The cost of the construction design appraisal is a financial item the investor must include in the project’s total investment. The appraisal cost is determined as follows:

Legal Basis for Fees:

• Appraisal fees are collected according to regulations from the Ministry of Finance. The current governing document is Circular No. 27/2023/TT-BTC.

Cost Calculation Method:

Based on Article 4 of Circular 27/2023/TT-BTC, the appraisal cost is calculated as a percentage (%) of the construction cost in the submitted cost estimate.

• Appraisal Fee = Construction Cost x Fee Rate.
• Construction Cost is the pre-VAT cost from the project’s cost estimate.
• Fee Rate is specified in the Fee Schedule attached to Circular 27/2023/TT-BTC.
• The maximum fee is VND 150,000,000 per appraisal per agency, and the minimum is VND 500,000.

Interpolation Formula:

For construction costs falling between the values in the fee schedule, the fee rate is determined by this formula:

Nt = Nb – {(Nb – Na) / (Ga – Gb) x (Gt – Gb)}

• Nt: The fee rate to be calculated (%).
• Gt: The construction cost for which the rate is needed.
• Ga: The upper-bound construction cost from the fee table.
• Gb: The lower-bound construction cost from the fee table.
• Na: The fee rate corresponding to Ga (%).
• Nb: The fee rate corresponding to Gb (%).

Adjusted Designs:

• If the adjustment reuses previously appraised content: Fee = 50% of the standard rate.
• If the adjustment does not reuse previously appraised content: Fee = 100% of the standard rate.

Fee Schedule for Post-Basic Construction Design Appraisal

Unit: %

No.	Project Type	Construction Cost (VND Billion)
		≤15	50	100	200	500	1,000	2,000	5,000	≥8,000
1	Civil	0.165	0.110	0.085	0.065	0.050	0.041	0.029	0.022	0.019
2	Industrial	0.190	0.126	0.097	0.075	0.058	0.044	0.035	0.026	0.022
3	Transport	0.109	0.072	0.055	0.043	0.033	0.025	0.021	0.016	0.014
4	Agriculture & Rural Dev.	0.121	0.080	0.061	0.048	0.037	0.028	0.023	0.017	0.014
5	Technical Infrastructure	0.126	0.085	0.065	0.050	0.039	0.030	0.026	0.019	0.017

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Related Issues and Services

Authorization Services at Long Phan Consulting Company

The construction design appraisal procedure involves complex legal regulations and meticulous file preparation. Using an authorization service from a professional consulting firm like Long Phan Consulting Company is an optimal solution.

With extensive experience in construction law, Long Phan Consulting Company commits to the following tasks upon authorization:

• Preliminary Consultation: Analyze the project file and assess its legality and readiness for appraisal.
• File Preparation: Prepare all required documents, including the submission letter, and verify the design files.
• File Submission: Submit the file on your behalf to the competent authority using the most efficient method.
• Process Monitoring: Actively work with the state agency, track the file’s status, and provide regular updates.
• Clarification and Supplementation: Represent you to clarify design content and quickly supplement the file as required.
• Result Collection and Handover: Receive the official Notification of Appraisal Result and the stamped drawings, then deliver the complete results to you.

Frequently Asked Questions (FAQ)

What is the difference between basic design and post-basic design?

A basic design is prepared during the feasibility study phase and outlines key technical parameters to determine the total investment. A post-basic design (technical design and/or construction drawing design) elaborates on the basic design, providing full details on solutions, materials, and specifications for construction.

What are the legal consequences of not performing this appraisal?

Floating to perform a construction design appraisal is a serious legal violation. The investor will not be eligible for a construction permit. Proceeding with construction would be considered unauthorized, leading to heavy fines, work suspension, and potentially demolition orders.

What is the difference between design verification and design appraisal?

Configuration is a professional review of the design conducted by an independent consulting firm at the investor’s request. Its results are for reference and quality control. In contrast, appraisal is a mandatory legal review by a state construction agency. Its results are the basis for design approval and construction permits.

How long is the appraisal result valid?

Currency law does not specify a validity period. Its effect is tied to the life cycle of that design phase. The result becomes invalid if there are major changes to national technical regulations or if the investor adjusts the design in a way that alters the appraised content.

What if the design is adjusted after the appraisal?

If adjustments affect structural safety, fire protection, environmental protection, or planning-architectural criteria, the investor must submit the adjusted content for re-appraisal. Minor changes not affecting these elements do not require re-appraisal.

Is providing a Building Information Model (BIM) mandatory for all projects?

No. The BIM data requirement is only mandatory for Group B projects or larger that include new Grade II or higher structures. Smaller projects are encouraged but not required to use BIM.

Can an investor appeal an appraisal conclusion?

Yes. If the investor disagrees with the conclusion, they have the right to submit a written explanation. If an agreement cannot be reached, the investor can file a complaint or initiate legal action against the administrative decision.

Who is primarily responsible for the accuracy of the submission file?

The investor is fully responsible before the law for the legality and accuracy of the entire submission file. The design consulting contractor is responsible for the quality and accuracy of the design documents they prepare.

Conclusion

The construction design appraisal procedure is a fundamental legal step that directly impacts project licensing and implementation. Proper compliance ensures legality and enhances construction quality. For a smooth process, please contact Long Phan Consulting Company at our hotline, 1900636389, for professional and effective legal support.