Foreign construction standards may be applied by Vietnamese builders on a voluntary basis and the condition that these standards ensure the consistency and practicability of the wholes system of standards applicable to the whole process from survey and designing to construction and takeover inspection of works as well the production of construction materials and manufacture of construction machines.
Construction Ministry Circular No. 40/2009/TT-BXD of December 9 also requires Vietnamese construction contractors that need to apply foreign standards to ensure that these standards satisfy requirements of Vietnam’s national technical regulations on construction and other relevant regulations. For a domain lacking national technical regulations, applicable foreign construction standards must be compatible with national standards which are compulsory set by concerned ministries or branches.
To be allowed to apply foreign construction standards to their projects, investors should submit to the Ministry of Construction or ministries managing special-use construction works lists of foreign construction standards already accredited for application in Vietnam and intended to be applied to their projects.
The new regulation will take effect on February 1, 2010, and replace Construction Minister Decision No. 09/2005/QD-BXD of April 7, 2005, promulgating the Regulation on application of foreign construction standards to construction activities in Vietnam, and Decision No. 35/2006/QD-BXD of November 22, 2006, revising Decision No. 09/2005/QD-BXD.-