The Department of Justice of Quang Tri province reflects Clause 1, Article 10 of Decree 35/2023/ND-CP dated June 20, 2023 of the Government amending and supplementing a number of articles of Decrees under the state management of the Ministry of Construction regulating compensation, support and resettlement costs, including:
"... the cost of relocation and refund of the technical infrastructure that has been invested in construction to serve site clearance".
However, there are no detailed regulations on construction design steps, the authority to appraise, approve, and adjust construction designs for works "moved and returned to the technical infrastructure that has been invested in construction to serve site clearance" under the compensation, support and resettlement costs of the project.
The Ministry of Construction's opinion on this content is as follows:
The construction design steps (including works under the site clearance project) have been stipulated in Clause 1 and Clause 2, Article 78 of the amended and supplemented Construction Law in Clause 23, Article 1 of Law No. 62/2020/QH14 and are specified in detail in Articles 38, 39 and 40 of Decree No. 175/2014/ND-CP of the Government detailing a number of articles and measures to implement the Construction Law on construction management.
For public investment projects, construction investment projects with a scale of Group B or higher or with works that have a great impact on safety and community benefits using state capital other than public investment, the site clearance plan in the Construction Investment Feasibility Study Report or in the Technical Economic Report appraised by the investor is stipulated in Clause 1, Article 57 of the Construction Law, amended and supplemented in Clause 14, Article 1 of Law No. 62/2020/QH 14.
The appraisal of site clearance projects is based on the provisions of Article 58 of the Construction Law, amended and supplemented in Clause 15, Article 1 of Law No. 62/2020/QH14 and Article 16, Article 44 of Decree No. 175/2014/ND-CP of the Government to determine the appraisal authority, amended and supplemented in Article 11 of Decree No. 144/2025/ND-CP dated June 12, 2025 of the Government.
Regarding the appraisal of the design step implemented after the basic design, based on the type and level of the project to determine the authority and content of the appraisal according to the provisions of Article 83, Article 83a of the Construction Law, amended and supplemented in Clause 25, Clause 26, Article 1 of Law No. 62/2020/QH14 and Article 44 of Decree No. 175/2014/ND-CP of the Government.
In case the site clearance project item belongs to the construction investment project, it will be based on the project scale, type and construction level to determine the project appraisal authority; the appraisal of construction design implemented after the basic design will be based on the type and level of construction to determine the appraisal authority as mentioned above.
The adjustment of construction investment projects is implemented in accordance with the provisions of Article 23 of Decree No. 175/2014/ND-CP of the Government. Adjust the construction design implemented after the basic design according to the provisions of Article 49 of Decree No. 175/2014/ND-CP of the Government.
