Thông tư 101/2026/TT-BQP hướng dẫn Luật Xây dựng thuộc phạm vi quản lý của Bộ Quốc phòng

CIRCULAR

ELABORATING AND PROVIDING MEASURES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON CONSTRUCTION WITHIN THE SCOPE OF MANAGEMENT OF THE MINISTRY OF NATIONAL DEFENSE

Pursuant to the Law on Construction No. 135/2025/QH15;

Pursuant to the Law on National Defense No. 22/2018/QH14, as amended by Law No. 18/2023/QH15, Law No. 38/2024/QH15, and Law No. 98/2025/QH15;

Pursuant to the State of Emergency No. 104/2025/QH15;

Pursuant to the Law on Protection of State Secrets No. 117/2025/QH15;

Pursuant to the Government’s Decree No. 01/2022/ND-CP defining functions, tasks, powers and organizational structure of the Ministry of National Defense of Vietnam, as amended by the Government’s Decree No. 03/2025/ND-CP;

Pursuant to the Government’s Decree No. 217/2026/ND-CP elaborating certain Articles of the Law on Construction regarding management of construction activities;

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At the request of the Director of the General Department of Logistics and Engineering;

The Minister of National Defense of Vietnam promulgates a Circular elaborating and providing measures for implementation of certain provisions of the Law on Construction within the scope of management of the Ministry of National Defense.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular provides detailed regulations on certain provisions of the Law on Construction No. 135/2025/QH15 within the scope of management of the Ministry of National Defense, including:

a) Clause 6 Article 28 on appraisal of feasibility study reports and technical-economic reports;

b) Clause 5 Article 29 on the authority, sequence and procedures for preparation, appraisal, approval, and adjustment of construction designs developed after project approval;

c) Clause 3 Article 69 on the authority, sequence, and procedures for construction investment in national defense works, the information and documents relating to which are classified as state secrets by decision of a competent authority;

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2. This Circular provides measures for the implementation of certain provisions of the Law on Construction No. 135/2025/QH15 within the scope of management of the Ministry of National Defense, including:

a) Principles for the application of building information modeling (BIM) in construction activities;

b) Appraisal of public investment projects that are nationally significant projects, projects satisfying the criteria for nationally significant projects, or projects for which the National Assembly or the Government decides or approves the investment policy and assigns the Ministry of National Defense as the employer;

c) Organization of the inspection of appraisal activities conducted by specialized construction agencies.

3. Construction investment projects for combat works shall comply with the Circular No. 40/2026/TT-BQP dated May 04, 2026 of the Minister of National Defense promulgating regulations on construction of combat works; construction investment projects for firing range and training ground systems shall comply with Circular No. 28/2021/TT-BQP dated March 01, 2021 promulgating regulations on management of investment in, operation and use of firing range and training ground systems, as amended by Circular No. 35/2026/TT-BQP dated April 24, 2026; and dredging works and projects within military port waters shall comply with Circular No. 15/2025/TT-BQP dated March 03, 2025 of the Minister of National Defense prescribing organization and management of dredging activities within military port waters.

Article 2. Regulated entities

This Circular applies to agencies, units, organizations, and individuals involved in construction activities within the scope of management of the Ministry of National Defense, including those engaged in: the formulation, verification, appraisal, and approval of construction investment projects and construction designs; construction survey; project management; management of capability to perform construction activities; and management of construction investment costs.

Article 3. Definitions

For the purposes of this Circular, these terms are construed as follows:

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a) The specialized agency affiliated to the Minister of National Defense is the Department of Finance of the Ministry of National Defense, or another agency or organization with expertise appropriate to the nature and contents of the project, assigned by the Minister of National Defense to perform appraisal tasks;

b) The specialized agency affiliated to the head of a focal unit of the Ministry of National Defense is an agency or organization with expertise appropriate to the nature and contents of the project, assigned by the head of such focal unit to perform appraisal tasks.

2. Specialized construction agencies

a) The specialized construction agency of the Ministry of National Defense is the Barracks Department under the General Department of Logistics and Engineering;

b) The specialized construction agency of a focal unit of the Ministry of National Defense is the Logistics - Engineering Agency (Logistics Agency), or another specialized agency under its authority assigned by the head of such focal unit to manage construction activities;

c) The specialized construction agency of a provincial-level Military Command, division, or equivalent-level unit is the Logistics - Engineering Agency, or another specialized agency under its authority assigned by the head of such provincial-level Military Command, division, or equivalent-level unit to manage construction activities.

3. Applicant for appraisal

a) For a project for which the investment decision is made by the Minister of National Defense, the applicant for appraisal shall be the head of the focal unit affiliated to the Ministry of National Defense;

a) For a project for which the investment decision is made by the head of a focal unit affiliated to the Ministry of National Defense, the applicant for appraisal shall be the employer or the employer’s representative.

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1. The application of BIM in construction activities shall comply with Article 8 of the Government’s Decree No. 217/2026/ND-CP dated June 19, 2026 elaborating certain Articles of the Law on Construction regarding management of construction activities, the guidance of the Ministry of Construction, and relevant standards. For works requiring protection of state secrets, the application of BIM must comply with the law on protection of state secrets.

2. The application of BIM in the stages of a project shall be carried out as follows:

a) Design stage under the feasibility study report: the Level of Development (LOD) of the components in the BIM model shall be 200 or higher; the principal drawings (2D and 3D drawings) shall be extracted from the BIM model to serve verification (if any) and appraisal;

b) Construction design stage developed after project approval: the LOD of the components in the BIM model shall be 300 or higher; the main clashes in the design shall be checked and assessed; drawings (2D and 3D) and principal quantities shall be extracted from the BIM model to serve verification (if any) and appraisal;

c) Construction stage: the employer shall use the approved BIM model, accompanied with the construction design dossier, to direct the construction contractor, or the organization or individual hired by the employer, to update adjustments made during construction, as a basis for approval of the as-built dossier and for organizing the acceptance testing and handover of the completed work.  The LOD of the components in the BIM model shall be 300 or higher.

3. The cost of applying BIM shall be determined on the basis of the cost estimate prepared for the outline and tasks of each stage of the project in accordance with the Government’s Decree No. 206/2026/ND-CP dated June 15, 2026 on management of construction investment costs and the guidance of the Ministry of Construction.

Chapter II

 PROJECT APPRAISAL AND CONSTRUCTION INVESTMENT DECISION-MAKING

Article 5. Appraisal of feasibility study report and technical-economic report by investment decision maker

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2. For business investment projects of defense enterprises, the investment decision maker shall organize the appraisal of the contents prescribed in Points a, c, d and h Clause 3 Article 26 of the Law on Construction No. 135/2025/QH15; consolidate the appraisal results of the specialized construction agency as prescribed in Clause 6 Article 26 of the Law on Construction No. 135/2025/QH15 and other relevant legal provisions and requirements as a basis for approval.

3. For PPP projects, the appraisal of the feasibility study report or technical-economic report by the competent authority shall be conducted in accordance with the Law on investment in the form of public-private partnership and Clause 6 Article 26 of the Law on Construction No. 135/2025/QH15, serving as a basis for approval of the project.

4. Depending on the specific requirements of each project, the specialized agency affiliated to the investment decision maker shall organize the collection of appraisal opinions from, or the participation of, relevant agencies, in accordance with regulations of laws on construction, investment, public investment, and PPP investment, serving as a basis for considering and appraising the feasibility study report.

5. For a construction investment project using technology subject to restricted technology transfer, or a construction investment project that poses a risk of adverse environmental impacts and involves the use of technology, the appraisal of, or provision of opinions on, the technology by the relevant specialized sector-managing agency must be carried out in accordance with regulations of the Law on technology transfer; a report on appraisal results or consolidated opinions shall be prepared and sent to the investment decision maker for approval.

6. The appraisal report shall be made using Form No. 07 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP.

Article 6. Appraisal of feasibility study reports by specialized construction agencies and appraisal councils

1. Specialized construction agencies

a) The specialized construction agency of the Ministry of National Defense shall conduct the appraisal of public investment projects for which the investment decision is made by the Minister of National Defense, PPP projects, and business investment projects of defense enterprises that have a large scale or involve works with significant impacts on community safety and public interests, as listed in Appendix IV enclosed with the Government’s Decree No. 217/2026/ND-CP;

b) The specialized construction agency of a focal unit of the Ministry of National Defense shall conduct the appraisal of the remaining projects (except projects for which only a technical-economic report is required);

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d) The time limit for appraisal by the specialized construction agency shall comply with Article 37 of Government’s Decree No. 217/2026/ND-CP;

dd) Where the specialized construction agency takes charge of appraising the feasibility study report or technical-economic report, the contents of appraisal shall comply with Clauses 1, 2, 3, 4, and 5 Article 5, and Point c Clause 1 Article 6, of this Circular; it shall prepare a consolidated report on the appraisal results and submit it to the investment decision maker for approval; such appraisal report shall be made using Form No. 07 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP.

2. Appraisal Council

a) For a project prescribed in Point b Clause 2 Article 1 of this Circular, the Minister of National Defense shall establish an Appraisal Council in accordance with Article 34 of the Government’s Decree No. 217/2026/ND-CP to conduct the appraisal of the feasibility study report for such project. The Appraisal Council shall concurrently perform the appraisal tasks falling within the scope of the specialized agency affiliated to the Minister of National Defense and the specialized construction agency of the Ministry of National Defense;

c) The Appraisal Council shall be composed of a Chairperson, Vice-Chairpersons, and members who are representatives of relevant ministries, regulatory authorities, local governments, and agencies, depending on the nature of the project. The specialized construction agency of the Ministry of National Defense shall act as the standing agency of the Council;

c0 The tasks and powers of the Appraisal Council and its standing agency shall comply with Clauses 3, 4, 5, 6, 7, 8, and 9 Article 34 of the Government’s Decree No. 217/2026/ND-CP;

d) The standing agency of the Appraisal Council shall affix the appraisal stamp to the construction design dossier included in the feasibility study report in accordance with Point e Clause 3 of this Article.

3. Sequence, procedures, and application for appraisal

a) The applicant for appraisal as prescribed in Clause 3 Article 3 of this Circular shall submit an application form for appraisal, prepared using Form No. 01 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP, to the investment decision maker, and shall concurrently submit an application for appraisal to the specialized construction agency, either directly at the document-receiving section or online through the document management system of the Ministry of National Defense;

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c) Within 03 working days of receiving the application for appraisal, the specialized construction agency shall be responsible for reviewing it and sending a written request (no more than once) for submission of additional documents to the application, or refusing to accept it for appraisal, where the contents of the application are found to be inconsistent with those stated in the application form for appraisal;

d) For large-scale, technically complex projects, or projects using new design, construction, or material technologies, or applying foreign technical regulations or standards, the specialized construction agency may hire organizations or individuals with appropriate expertise to participate in the appraisal. The costs of engaging such organizations or individuals shall be included in the project preparation costs and shall be borne by the project preparation agency or the employer;

dd) Upon completion of the appraisal, the specialized construction agency shall send a notice of appraisal results to the specialized agency affiliated to the investment decision maker for consolidation and reporting, and to the employer for information and coordination. Such notice of appraisal results shall be made using Form No. 03 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP;

e) After the project has been approved by the investment decision maker, the specialized construction agency shall examine and affix a confirmation stamp to the relevant construction design drawings included in 01 set of the construction design drawing dossier, and hand it over to the employer (or the project preparation agency) for archiving and further steps;

g) Where an application for appraisal is considered unsatisfactory, or satisfactory only after the construction design dossier is modified and completed, the employer (or the project preparation agency) shall complete the dossier and submit it, together with a written explanation addressing the appraisal opinions, to the specialized construction agency for review; once the requirements are satisfied, the specialized construction agency shall send a written confirmation to the specialized agency of the investment decision maker to serve as a basis for consolidation and submission for approval; the maximum time limit for modifying and completing the dossier is 20 working days from the date of receiving the request for modification from the specialized construction agency; where this time limit is exceeded, the appraisal process shall restart from the beginning as prescribed;

h) The retention of relevant documents and records after appraisal results are obtained, and the responsibility for payment of appraisal fees, shall comply with Clauses 9 and 10 Article 36 of the Government’s Decree No. 217/2026/ND-CP;

i) For a project subject to appraisal by an Appraisal Council, the appraisal shall be conducted in accordance with the operating regulations of the Appraisal Council. The affixing of stamps to relevant documents, retention of documents and records, and responsibility for payment of appraisal fees shall comply with this Clause.

Article 7. Project approval and construction investment decision-making

1. Depending on the investment forms, the authority to approve projects or make construction investment decisions shall be determined according to regulations of the Law on Public Investment, the Law on Public-Private Partnership Investment, and other relevant laws.

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3. For a project for which only technical-economic report is required, upon approval of the project, the investment decision maker shall authorize the employer to affix the “appraisal” stamp to the construction drawing design dossier included in the technical-economic report.

Article 8. Adjustment of construction investment projects

1. For public investment projects

a) Adjustment of the project shall be carried out in accordance with Clause 2 Article 28 of the Law on Construction No. 135/2025/QH15 and Clause 1 Article 40 of the Government’s Decree No. 217/2026/ND-CP;

b) The adjusted project must be appraised in accordance with the Law on public investment and Clause 1 Article 5 of this Circular;

c) Appraisal of the adjusted feasibility study report by the specialized construction agency shall cover the contents prescribed in Clause 1 Article 6 of this Circular, and shall be conducted only for cases of adjustment prescribed in Clause 2 Article 40 of the Government’s Decree No. 217/2026/ND-CP;

d) The sequence, procedures, and application for appraisal of the adjusted feasibility study report by the specialized construction agency shall comply with Clause 3 Article 6 of this Circular;

e) An application submitted to the specialized construction agency for appraisal of the adjusted feasibility study report shall clearly indicate the following contents: the reasons for and objectives of the project adjustment; the satisfaction of the conditions for project adjustment as prescribed by relevant law applicable to construction investment projects using public investment capital and PPP projects; and a report prepared by the employer or the project preparation agency on the project implementation process and the actual status of execution of the project's construction works as of the time of submission of the proposed adjustment.

2. The adjustment of PPP projects and business investment projects of defense enterprises, and appraisal thereof shall be carried out in accordance with relevant laws. The appraisal of the adjusted feasibility study report for such a project by the specialized construction agency shall comply with Points c and d Clause 1 of this Article.

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Chapter III

MANAGEMENT OF CONSTRUCTION DESIGN DEVELOPED AFTER PROJECT APPROVAL

Article 9. Appraisal of construction design

1. The employer shall organize the appraisal of the construction design developed after project approval, serving as a basis for approval of the construction design. For other design steps (if any), the employer shall decide the design control under contracts signed between the employer and the relevant contractors, and in accordance with relevant laws.

2. For PPP projects, provisions of the PPP law and Clause 1 Article 41 of the Decree No. 217/2026/ND-CP shall apply.

3. Construction designs of the construction works specified in clause 5 Article 26 of the Law on Construction No. 135/2025/QH15 must be verified in accordance with Clause 4 Article 41 of Decree No. 217/2026/ND-CP,  to serve as the basis for the employer’s appraisal or control of the design.

4. The employer shall assume responsibility to comply with the requirements laid down in laws on fire prevention, firefighting and rescue, environmental protection, national defense and security, and other relevant laws.

5. The contents of the appraisal shall comply with Article 30 of the Law on Construction No. 135/2025/QH15 and Clause 2 Article 41 of Decree No. 217/2026/ND-CP.

6. The notice of appraisal results of the construction design developed after project approval shall be made using Form No. 12 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP; the appraised documents must be stamped using the stamp Form No. 14 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP.

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8. The employer shall be responsible for consolidating the documents of relevant agencies and organizations, complying with the requirements (if any), and approving the construction design in accordance with Article 10 of this Circular.

Article 10. Approval of construction design developed after project approval

1. The employer shall approve the construction design developed after project approval; the approval decision shall include the contents prescribed in Clause 1 Article 42 of Decree No. 217/2026/ND-CP and Form No. 13 in Appendix I enclosed with Decree No. 217/2026/ND-CP.

2. The employer may authorize its affiliated project management board to approve the construction design, except where a project management consultancy organization is hired.

3. Where a construction work is prepared and appraised by work items, the employer or the authorized person shall approve the contents specified in Clause 1 of this Article corresponding to the appraised work items. Upon completion of appraisal of all work items, the employer or the authorized person shall approve the construction design of the entire work.

4. Prior to approving the construction design, the employer shall be responsible for sending a written report on the changes to the construction design to the investment decision maker and the specialized construction agency, as assigned under the decentralization arrangements, for information and management, with respect to the cases prescribed in Clause 7 Article 16 of Decree No. 217/2026/ND-CP.

Article 11. Adjustment of construction design

1. The construction design shall only be adjusted in the cases specified in Clause 1 Article 31 of the Law on Construction No. 135/2025/QH15.

2. The adjusted construction design shall ensure consistency among the design stages in accordance with Clause 6 Article 16 of Decree No. 217/2026/ND-CP.

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4. For the cases other than those specified in Clause 1 of this Article, the employer shall decide the adjustment of the construction design on its own and be responsible for its decision.

Chapter IV

 CONSTRUCTION INVESTMENT IN WORKS REQUIRING PROTECTION OF STATE SECRETS, EMERGENCY WORKS, AND URGENT WORKS

Article 12. Construction investment in works requiring protection of state secrets

1. Works requiring protection of state secrets within the scope of management of the Ministry of National Defense include:

a) Construction works subject to the requirements to ensure secrecy in construction activities in the field of national defense as prescribed by the Law on protection of state secrets;

b) National defense works of which information and documents are classified as state secrets according to decisions issued by competent authorities.

2. The sequence, procedures, and authority for appraisal, approval, and adjustment of the project and construction design for works requiring protection of state secrets:

a) For the works prescribed in Point a Clause 1 of this Article, provisions of Clauses 2, 3, and 4 Article 68 of the Government’s Decree No. 217/2026/ND-CP shall apply;

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Article 13. Construction investment in emergency works

1. Emergency construction works serving national defense are the works prescribed in Clause 1 Article 70 of the Law on Construction No. 135/2025/QH15 and falling within the scope of management of the Ministry of National Defense.

2. The Minister of National Defense of Vietnam or his/her authorized representative shall decide the construction of emergency works under his/her management by issuing an emergency construction order. Such decision shall be issued using Form No. 17 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP.

3. The agency, organization, or individual assigned to manage and execute the construction of emergency works may, at their discretion, determine the sequence for carrying out activities within the construction investment process and the management of emergency construction projects and works, in accordance with Clauses 3, 5, and 6 Article 69 of the Government's Decree No. 217/2026/ND-CP.

Article 14. Construction investment in urgent works

1. Urgent construction works serving national defense are the works prescribed in Clause 2 Article 70 of the Law on Construction No. 135/2025/QH15 and falling within the scope of management of the Ministry of National Defense;

2. At the request of the Government or under a Decision of the Prime Minister, the Minister of National Defense shall decide the construction of urgent works under his/her management by issuing a decision on approval of the construction investment project for the urgent works, using Form No. 17 in Appendix I enclosed with the Government’s Decree No. 217/2026/ND-CP (for reference);

3. The agency, organization, or individual assigned to manage and execute the construction of urgent works may concurrently carry out the sequence and procedures during the stages of project preparation, project implementation, and completion of construction, in accordance with Article 70 of the Government’s Decree No. 217/2026/ND-CP and other relevant laws.

Chapter V

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Article 15. Authority to conduct inspection

1. The specialized construction agency of the Ministry of National Defense shall:

a) Inspect the appraisal of feasibility study reports conducted by the specialized construction agency of a focal unit of the Ministry of National Defense;

b) Inspect the management of construction design developed after project approval, for projects for which the investment decision is made by the Minister of National Defense and involving grade-II or higher main works;

c) Inspect projects for which the investment decision is made by the head of a defense enterprise, and PPP projects involving a grade-II or higher main works.

2. The specialized construction agency of a focal unit of the Ministry of National Defense shall:

a) Inspect the management of construction design developed after project approval, for projects falling within its scope of management; submit reports to the competent authority in accordance with regulations, and to the specialized construction agency of the Ministry of National Defense;

b) Participate in the inspection of works under national defense projects for which investment decisions are made by local authorities (where necessary);

3. The head of a defense enterprise or the employer of a PPP project shall organize the inspection of construction design management for projects under their investment decision-making authority.

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1. Principles of inspection

a) Inspections shall be conducted under periodic or ad hoc inspection plans;

b) A periodic inspection plan (covering one or more fields) shall be issued before March 15 each year. Ad hoc inspections shall be conducted where necessary;

c) A periodic inspection plan shall ensure that there is no overlap with any other inspection plan in terms of the contents, subjects, scope, or fields of inspection.

2. Sequence and procedures for inspection

a) Issue an inspection plan, indicating: the date of issuance; the legal basis for issuance; the inspection subject, location, contents, and period; the full names and positions of the head, deputy head, and members of the inspection team; the powers and responsibilities of the inspection team; the rights and responsibilities of the inspected entity; the funding for covering costs of the inspection; the full name and position of the person issuing the inspection plan; and, where applicable, a suggested reporting outline and a list of relevant documents to be enclosed;

b) Forms of inspection: conducting an on-site inspection at the inspection location; submission of relevant documents, and conduct of an online meeting on the inspection contents; or other forms of inspection (if any).

3. Contents of inspection: the implementation of the provisions of law; the performance of decentralized or delegated tasks, and tasks within the assigned functions and fields in accordance with the law on construction; and the compliance with requirements regarding statistics, reporting, record retention, and the establishment and management of databases (if any).

4. Inspection conclusions and notification of inspection results

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b) Within 03 working days from the date of receipt of the draft inspection conclusion, the inspected entity shall submit its written comments thereon to the inspection team;

c) Within 05 working days from the date of receipt of the inspected entity's written comments, or within 03 working days after the expiry of the time limit specified in Point b of this Clause where no written comments are received, the head of the inspection team shall submit the inspection conclusion to the competent person for signature and issuance, and shall be responsible for the accuracy of the inspection conclusion;

d) The inspection conclusion shall include the following primary contents: the results achieved; the shortcomings and limitations, and the causes thereof; the timeframe and measures for remedying such shortcomings and limitations; and a clear determination of any violations and recommendations for the handling of such violations (if any);

dd) Immediately upon its issuance, the inspection conclusion shall be sent to the inspected entity, the relevant immediate superior authority under the Ministry of National Defense, and other relevant agencies, organizations, and individuals for implementation of the matters set out therein. Any matters falling beyond the relevant authority’s competences shall be reported to the competent authority for consideration and decision.

Chapter VI

IMPLEMENTATION PROVISIONS 

Article 17. Effect

1. This Circular comes into force from the date on which it is signed.

2. The Circular No. 106/2021/TT-BQP dated August 06, 2021 of the Minister of National Defense prescribing appraisal and approval of construction designs developed after the fundamental design within the scope of management of the Ministry of National Defense shall cease to be effective from the effective date of this Circular.

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Article 18. Transition

1. For construction investment projects

a) A construction investment project approved by the competent authority before the effective date of this Circular shall continue to be implemented as approved; any adjustments to the project shall comply with this Circular.

b) A construction investment project for which the appraisal process commenced before the effective date of this Circular shall continue to be appraised in accordance with Circular No. 128/2021/TT-BQP, as amended by Circular No. 73/2023/TT-BQP and Circular No. 120/2024/TT-BQP.

2. For construction design developed after project approval

a) A construction design approved before the effective date of this Circular shall continue to be implemented as approved; any adjustments to the design shall comply with this Circular.

b) For a construction design for which the appraisal process commenced before the effective date of this Circular, the project employer may choose either to continue the appraisal by the specialized construction agency as the basis for approval, or to withdraw the appraisal from the specialized construction authority and conduct the appraisal itself.

Article 19. Responsibility for implementation

1. The Director of the General Department of Logistics and Engineering and the commanders of relevant agencies and units are responsible for the implementation of this Circular.

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PP. THE MINISTER
DEPUTY MINISTER




Colonel General Nguyen Quang Ngoc