Mr. Nguyen Thanh Tung (Hanoi) would like to ask for answers to the following questions: The work items have been appraised and approved by the competent authorities for the basic design and technical design. During the project implementation, the investor made construction drawings and carried out the construction of work items, including some work items with other construction and construction drawing designs with approved technical design. These differences are not reported by the investor to the competent authority for adjustment procedures before approving the construction and construction drawing design.

Currently, items with differences between the construction drawing design and the completed technical design and the investor make the adjusted technical design and submit it to the competent authorities for appraisal as a basis for approval.

Mr. Tung asked, is it possible for the investor to adjust the technical design for the items whose construction drawing design is not consistent with the approved technical design mentioned above and has been completed? Is the technique approved?

Is the competent authority allowed to appraise the adjusted design under its authority for the completed construction work items or not?

The Ministry of Construction responded to this issue as follows:

The adjustment of the construction design has been appraised and approved, and construction is organized according to the adjusted design without carrying out the procedures for appraisal and approval of the adjusted design in case appraisal is required. Adjustment is a violation of regulations on construction order, must be sanctioned and take remedial measures according to the provisions of Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government which prescribes penalties for administrative violations in construction investment activities; exploiting, processing and trading in minerals used as building materials; producing and trading in building materials; management of technical infrastructure works; real estate business, housing development, management and use of houses and offices and Decree No. 21/2020/ND-CP dated February 17, 2020 of the Government amending and supplementing a number of articles of the Decree No. 139/2017/ND-CP.

After completing the implementation of remedial measures, the investor shall adjust the construction design and submit the adjustment for appraisal and approval according to regulations.