Analysis of Vietnam’s Current Construction Codes and Standards System: An Overview

Part 1: Overview of the Technical Legal System in Vietnam’s Construction Sector

The technical legal system in Vietnam’s construction industry is a complex, multi-layered structure that shapes all activities, from planning and design to construction, acceptance, and building maintenance. To deeply analyze its internal issues, a clear understanding of its nature, historical development, and structure is a prerequisite. This system is built on two main pillars: National Technical Regulations (QCVN) and National Standards (TCVN), which have entirely different roles and legal validity.

1.1. Distinguishing Legal Nature: Regulations (QCVN) vs. Standards (TCVN)

The most fundamental difference between regulations and standards lies in their legal nature, as clearly defined in the 2006 Law on Standards and Technical Regulations. This distinction determines the scope, subjects, and obligations of compliance for organizations and individuals in the construction industry.

National Technical Regulations (QCVN)

National Technical Regulations, abbreviated as QCVN, are legal normative documents issued by competent state management agencies in the form of a “Circular.” They prescribe technical requirements that are mandatory to apply. In the construction sector, the primary issuing body is the Ministry of Construction. The goal of a QCVN is not to provide detailed “how-to” instructions, but to establish limits and minimum requirements that must be met to ensure critical public objectives, such as: human life and health safety, structural safety, fire safety, environmental protection, national security, and other social interests.

The content of a QCVN typically focuses on “must do” or “must not do” provisions, establishing a legal safety corridor that all construction projects within its scope must adhere to. For example, QCVN 06:2022/BXD specifies the minimum fire resistance limits for structural elements or the minimum number of escape routes for a building; these are non-negotiable requirements.

National Standards (TCVN)

In contrast to QCVN, National Standards, abbreviated as TCVN, are provisions on technical characteristics and management requirements used as benchmarks, published as documents for organizations and individuals to voluntarily apply on the basis of agreement. Standards provide recognized and standardized technical solutions, methods, and processes to achieve a certain level of quality or efficiency. They serve as “technical textbooks,” guiding “how to do” something to meet general quality and safety requirements.

A TCVN only becomes legally binding in two cases:

  1. When it is directly referenced in a legal normative document, such as a QCVN. For example, QCVN 16:2023/BXD on construction materials references a series of TCVN test methods to assess product conformity.
  2. When it is agreed upon by the parties (investor, contractor, consultant) and explicitly stated in the construction contract as the standard to be applied for the project.

The Dialectical Relationship

The relationship between QCVN and TCVN is a dialectical one between the “rules of the game” and the “way to play.” QCVN sets the minimum safety and performance requirements that a structure “must” achieve (e.g., “the structure must ensure load-bearing capacity throughout its service life”). Meanwhile, TCVN provides one or more recognized technical methods to achieve that requirement (e.g., TCVN 5574:2018 provides the formulas and procedures to design a reinforced concrete structure that meets the load-bearing requirement). The investor and designer have the right to choose to apply TCVN or other reputable international standards (such as Eurocode, ACI, BS) as long as they can prove their solution meets the mandatory requirements of the QCVN.

1.2. History and Development of the System: The Transformation After the 2006 Law on Standards and Technical Regulations

Vietnam’s system of technical construction regulations has undergone a profound transformation, reflecting changes in the country’s economic management model and international integration. The most significant milestone was the introduction of the Law on Standards and Technical Regulations in 2006.

Pre-2007 Period: The Mandatory Industry Standards System

During the planned economy era and the early years of “Doi Moi” (Renovation), Vietnam’s technical regulation system was primarily based on Industry Standards, including Construction Standards (TCXD), Vietnamese Construction Standards (TCXDVN) issued by the Ministry of Construction, and other Industry Standards (TCN) issued by specialized ministries like Transport or Agriculture. This system comprised over 1,200 standards, covering almost all areas from surveying, design, and materials to construction and acceptance.

The core characteristic of this period was that these industry standards had mandatory legal force, like law. They not only set requirements but also specified the detailed methods of implementation. The majority of these standards were compiled based on or translated from the (former) Soviet Union’s standards system, which had a “hand-holding” state management philosophy, stipulating a single, unified method for the entire country.

Post-2007 Period: The Birth of the Dual QCVN/TCVN System

The 2006 Law on Standards and Technical Regulations revolutionized the technical legal system. Accordingly, the old mandatory industry standards system was abolished. In its place, a dual system was established, clearly separating state management regulations from technical guidance:

  • Requirements related to safety, health, the environment, and public interests were filtered and “codified” into National Technical Regulations (QCVN), which are mandatory.
  • The remaining parts of the old industry standards, which were technical guidelines, were either converted into National Standards (TCVN), which are voluntary, or were repealed if obsolete.

This was not merely a change in name or symbol, but a profound shift in state management philosophy. The state no longer dictates a single “way to do things” for everyone. Instead, it only sets the minimum “safety threshold” through QCVN. This opened up flexibility for businesses, allowing them to apply new technologies and advanced international standards, as long as they ensured compliance with the nation’s mandatory safety requirements.

However, this separation, while theoretically sound, became the seed for future conflicts and inadequacies. The transition process left behind a non-uniform TCVN system, in which many foundational standards still carried the technical mindset of the old system (the Soviet system). When new QCVNs were issued based on the philosophy of modern international standards (European, American), a technical and legal “desynchronization” appeared. For example, a QCVN on fire safety might require material testing according to an ISO standard, while the corresponding TCVN for that material still specifies the test method according to a GOST standard (Soviet/Russian standard), creating a gap and confusion for users.

1.3. Structure and Classification System

For ease of reference and application, Vietnam’s system of regulations and standards is organized and classified systematically.

TCVN System: Classified according to the International Classification for Standards (ICS) developed by the International Organization for Standardization (ISO). This is a field-based classification system that uses codes for systematization. The main fields related to construction include:

  • ICS 91: Construction materials and building
  • ICS 93: Civil engineering

Each major field is further divided into smaller groups and subgroups, making it easy to look up standards for a specific product or task.

QCVN System: As these are issued by state management agencies to serve specific management goals, the Ministry of Construction’s QCVN system is grouped according to the Ministry’s main management areas, including:

  • Construction Planning (e.g., QCVN 01)
  • Technical Infrastructure Works (e.g., QCVN 07 series)
  • Residential and Public Buildings (e.g., QCVN 04, QCVN 05)
  • Safety in Construction (e.g., QCVN 06, QCVN 18)
  • Construction Material Products and Goods (e.g., QCVN 16)

This structure helps stakeholders in the construction industry quickly identify the mandatory legal documents directly related to their scope of operations.

Part 2: List and Summary of Key National Technical Regulations (QCVN) in Effect

The system of National Technical Regulations (QCVN) issued by the Ministry of Construction is the mandatory legal framework that shapes the minimum requirements for safety, planning, and quality for all construction activities. A firm grasp of the list and core content of these QCVNs is a basic requirement for all organizations and individuals involved in the industry. Below is a compilation of the key QCVN groups currently in effect, classified by management area.

2.1. Group on Planning and Natural Conditions

This group of regulations sets the foundational requirements for the formulation, appraisal, and approval of planning projects, as well as the use of input data for design.

  • QCVN 01:2021/BXD – National Technical Regulation on Construction Planning: This is the backbone regulation, specifying mandatory techno-economic indicators for regional, urban, and rural construction planning, including requirements for land use, social infrastructure, and technical infrastructure.
  • QCVN 02:2022/BXD – National Technical Regulation on Natural Conditions Data for Construction: This regulation specifies requirements for the use and processing of climate, hydrological, geological, etc., data as a basis for design work, ensuring structures are adapted to local conditions.
  • QCVN 03:2022/BXD – National Technical Regulation on Classification of Works for Construction Design: Specifies the principles for classifying works (based on scale, importance, design life, consequence class) as a basis for applying corresponding technical requirements in design.

2.2. Group on Building Safety

This is the group of regulations with the greatest impact on design and investment costs, focusing on protecting human life, health, and property.

  • QCVN 06:2022/BXD and Amendment 1:2023 QCVN 06:2022/BXD – National Technical Regulation on Fire Safety for Buildings and Constructions: This is the most complex and fluctuating regulation, stipulating strict requirements on fire spread prevention, means of egress, fire resistance limits of materials and structures, fire protection systems, and firefighting water supply. The continuous amendments to this regulation reflect the management agency’s efforts to respond to practical fire safety challenges.
  • QCXDVN 05:2008/BXD – Vietnam Construction Regulation on Residential and Public Buildings – Life and Health Safety: Specifies requirements for lighting, ventilation, noise control, sanitation, and other factors to ensure safe and healthy living and working conditions.
  • QCVN 18:2021/BXD – National Technical Regulation on Safety in Construction: Specifies mandatory requirements for managing labor safety on construction sites, from site layout and equipment operation to work at height and underground work.

2.3. Group on Residential and Public Buildings

This group specifies technical requirements for common types of civil engineering works.

  • QCVN 04:2021/BXD – National Technical Regulation on Apartment Buildings: Sets minimum requirements for planning, architecture, technical systems, fire safety, and operational management for apartment buildings and mixed-use apartment buildings.
  • QCVN 10:2014/BXD (to be replaced by QCVN 10:2024/BXD) – National Technical Regulation on Accessible Construction for People with Disabilities: Specifies design requirements for ramps, elevators, sanitary facilities, signage, etc., to ensure people with disabilities and mobility impairments can access and use buildings equally.
  • QCVN 13:2018/BXD – National Technical Regulation on Car Garages: Specifies requirements for fire safety, ventilation, lighting, and other technical solutions for underground and above-ground car garages.
  • QCVN 09:2017/BXD – National Technical Regulation on Energy Efficient Buildings: Sets minimum requirements for the building envelope, lighting systems, air conditioning, and ventilation to reduce energy consumption.

2.4. Group on Technical Infrastructure

This group specifies technical requirements for the essential infrastructure systems of urban and residential areas.

  • QCVN 07:2023/BXD series – National Technical Regulation on Technical Infrastructure Works: Issued under Circular No. 15/2023/TT-BXD and effective from July 1, 2024, replacing QCVN 07:2016/BXD. This set of regulations is divided into multiple separate parts, providing detailed specifications for each infrastructure sector such as:
    • QCVN 07-1: Water Supply Works
    • QCVN 07-2: Drainage Works
    • QCVN 07-4: Urban Transport Works
    • QCVN 07-5: Power Supply Works
    • And other parts on fuel supply, telecommunications, solid waste management…

2.5. Group on Construction Materials and Products

This group manages the quality of construction material products and goods before they are placed on the market and used in construction.

  • QCVN 16:2023/BXD – National Technical Regulation on Products and Goods of Construction Materials: Specifies the list of construction material products and goods that must undergo conformity certification and declaration of conformity based on corresponding technical standards, in order to control quality and ensure safety for structures.

The QCVN system, especially regulations related to safety like QCVN 06 and infrastructure like QCVN 07, exhibits a “dynamic” and somewhat “reactive” characteristic. They are updated and amended quite frequently, often to meet new practical demands or to rectify inadequacies after major incidents, such as serious fires. The issuance history of QCVN 06 with its 2010, 2020, 2021, 2022, and Amendment 1:2023 versions is a clear testament to this. Although updating is necessary for the legal system to keep pace with life, this constant change also creates an unstable legal environment. This poses a significant risk for projects with long lifecycles. A project that received design approval under an old regulation may face entirely new requirements during construction and acceptance, leading to the risk of design modifications, cost overruns, and even complex legal disputes.

To provide a quick and accurate lookup tool, the table below summarizes the main construction QCVNs and their validity status.

(Note: Table 1 mentioned in the original text was not provided.)

Part 3: Summary of Commonly Applied National Standard (TCVN) Groups

While QCVNs set mandatory requirements, the National Standards (TCVN) system provides the standardized technical solutions, processes, and methods to realize those requirements. This is the foundational set of technical tools, widely applied in the industry on a voluntary or contractual basis. The current TCVN system is a large and diverse collection, reflecting the long development history of Vietnam’s construction industry.

3.1. Group on Structural Design

This is the core group of standards, used daily by design engineers to calculate and ensure the stability, durability, and safety of building structures.

  • TCVN 2737:2023 – Loads and Actions: The foundational standard specifying load values (dead, live, wind, seismic loads) used for structural design calculations.
  • TCVN 5574:2018 – Concrete and Reinforced Concrete Structures – Design Standard: The most important standard for the design of reinforced concrete members, from beams, slabs, and columns to foundations.
  • TCVN 5575:2012 – Steel Structures – Design Standard: Specifies the principles and formulas for the design of steel structures, including welded and bolted connections.
  • TCVN 9362:2012 – Design of Foundations for Buildings and Structures: Guides calculation and design methods for building foundations on different soil types.
  • TCVN 10304:2014 – Pile Foundations – Design Standard: A specialized standard for the design of various pile foundations, an extremely common foundation solution in Vietnam.

3.2. Group on Construction Materials

This group of standards specifies the technical requirements, classifications, and test methods for basic construction materials, serving as the basis for controlling the quality of material inputs.

  • TCVNs on Cement: Includes TCVN 2682:2020 (Portland cement), TCVN 6260:2020 (Portland composite cement), specifying thermo-physical, chemical, and technical requirements for cement.
  • TCVNs on Reinforcing Steel: The TCVN 1651:2018 series specifies technical requirements for plain bars, deformed bars, and welded fabric.
  • TCVNs on Aggregates: TCVN 7570:2006 specifies technical requirements for sand, gravel, and crushed stone used in concrete and mortar.
  • TCVNs on Bricks and Tiles: Includes TCVN 1451:1998 (Solid clay bricks), TCVN 1450:2009 (Hollow clay bricks), specifying dimensions, strength, and water absorption.

3.3. Group on Construction and Acceptance

This group provides standard codes of practice and procedures for main construction tasks and serves as a legal basis for project quality acceptance.

  • TCVN 4055:2012 – Construction Organization: Provides general principles for establishing construction organization design and site organization.
  • TCVN 4453:1995 – Cast-in-situ Concrete and Reinforced Concrete – Code of Practice for Construction and Acceptance: A classic standard, detailing technical requirements for formwork, reinforcement, concrete pouring and curing, as well as acceptance rules.
  • TCVN 9394:2012 – Driven and Jacked Piles – Construction and Acceptance: Specifies technical procedures and acceptance criteria for the installation of driven and jacked-in piles.
  • TCVN 9395:2012 – Bored Piles – Construction and Acceptance: A specialized standard for the construction and quality control of bored piles.

3.4. The Role of Old Standards (TCXD, TCXDVN)

A complex feature of Vietnam’s standards system is the existence of a legal “gray area” related to old industry standards (TCXD, TCXDVN). Legally, after the 2006 Law on Standards and Technical Regulations took effect, these standards should have been converted to TCVN or QCVN, or be repealed. However, in practice, many old standards continue to be cited and used, especially construction and acceptance standards like TCXDVN 239:2006 (Heavyweight Concrete – Guidelines for Strength Assessment on Structures). The reasons include the habits of long-time engineers, their citation in old textbooks, or more importantly, the lack of new TCVNs to replace them fully and comprehensively. This persistence, while having practical reasons, still poses legal risks when disputes arise.

This parallel existence of old and new standards highlights a deeper issue: the current TCVN system is a patchwork of different technical legacies. Many foundational structural standards like TCVN 5574 have deep roots in the Soviet SNiP system, which has its own design philosophies and calculation methods. Meanwhile, new QCVNs, especially those for safety and energy efficiency like QCVN 06 and QCVN 09, heavily reference modern codes from the US (IBC) and Europe (EN).

This lack of uniformity creates a risk of systemic “desynchronization.” An engineer designing a structure in strict compliance with TCVN 5574 (Soviet system) may encounter conflicts and difficulties when trying to meet the fire resistance requirements in QCVN 06, which is based on a European/American classification and testing system. Assumptions about material behavior at high temperatures, methods for calculating the capacity of members after a period of fire exposure, etc., can be completely different between the two systems. This risk is not just a purely technical problem but also a serious legal one. A design that complies with a TCVN but fails to meet the requirements of a QCVN will be considered a violation of the law. This places a very large burden on the designer, forcing them to have extensive knowledge to “harmonize” the different standards systems themselves—a task that requires very high expertise and is fraught with liability risks.

Part 4: In-depth Analysis of Overlaps, Conflicts, and Inadequacies

Vietnam’s system of construction regulations and standards, despite significant strides, still contains many overlaps, conflicts, and inadequacies. These problems not only cause technical difficulties for consultants and contractors but also create legal risks, increase costs, and delay project schedules. Identifying and deeply analyzing these issues is crucial for developing solutions to perfect the system.

4.1. Conflicts Between Regulations (QCVN vs. QCVN)

Overlaps and a lack of unity within the mandatory regulations system (QCVN) itself are among the most confusing problems. Because QCVNs are drafted by different units, at different times, and for different management purposes, the coordination and review to ensure consistency are sometimes not thoroughly carried out.

A typical example from practical application was the inconsistency in technical infrastructure targets between old regulations. Specifically, there was a discrepancy between the water supply and lighting electricity targets specified in QCVN 01:2008/BXD (Construction Planning) and QCVN 07:2010/BXD (Urban Technical Infrastructure Works). Although newer versions of these regulations have been issued (QCVN 01:2021/BXD and the QCVN 07:2023 series) in an effort to improve synchronization, this problem revealed a loophole in the drafting and review process.

Another case of overlap is the regulation of workplace illumination levels. This requirement appears in both QCVN 09:2017/BXD (Energy Efficient Buildings) and QCVN 02:2022/BXD (Natural Conditions Data for Construction). This creates an awkward situation for designers and appraisal agencies who are unsure which regulation to follow, or if there is a difference, which provision is legally correct.

4.2. Conflicts Between Regulations (Mandatory) and Standards (Voluntary) (QCVN vs. TCVN)

This is a more common and complex type of conflict, stemming from the “desynchronization” between the new regulation system and the old standards system, as analyzed earlier. When a new QCVN is issued with technical requirements based on modern international standards, it can directly conflict with the methods and provisions in older TCVNs that are still widely applied.

A classic example is the contradiction in calculating the width of escape routes. QCVN 06:2010/BXD (an old version of the fire safety regulation) introduced a rule for escape width based on the number of people evacuating through a specific door. Meanwhile, long-standing specialized design standards like TCVN 2622:1995 (Fire Prevention and Protection for Buildings and Structures – Design Requirements) or TCVN 6161:1996 (Fire Protection – Markets and Trade Centers – Design Requirements) stipulated calculations based on the total width of all escape doors for the total number of evacuees. These two approaches could lead to completely different design results, creating absurdity and causing disputes during the fire protection design appraisal process.

4.3. Internal Inadequacies in Key Regulations (Case Studies)

Beyond conflicts between documents, many inadequacies lie within the content of individual regulations, especially those with a broad scope of influence and complex technical requirements.

4.3.1. Case Study 1: QCVN 06 on Fire Safety – The “Hot Spot” of the Construction Industry

QCVN 06 on Fire Safety for Buildings and Constructions, especially version QCVN 06:2022/BXD and its Amendment 1:2023, has become the epicenter of entanglements in the construction industry for the past several years. Although the goal of enhancing fire safety is entirely legitimate, many of its provisions are considered excessively rigid, unfeasible, and unsuited to Vietnam’s practical realities, causing severe negative impacts.

Controversial Technical Requirements: Many businesses and investors have faced enormous difficulties with requirements such as:

  • Fire-retardant Materials: The mandatory use of intumescent paint for steel structures, but finding products that are tested and certified for conformity according to the correct standard is a major challenge. The lack of qualified testing bodies and specific guidance has left many completed projects unable to gain acceptance, leading to operational paralysis.
  • Fire Resistance Limits of Structures: The fire resistance (REI) requirements were raised, demanding more costly structural solutions that are sometimes unnecessary for all types of buildings.
  • Fire Truck Access Roads and Water Supply: Requirements for fire truck access roads and, especially, the requirement for massive firefighting water tanks (up to hundreds of cubic meters) are an impossible problem for renovation projects in existing urban areas with no available land.

Feasibility for Existing Buildings: The biggest inadequacy of QCVN 06 is the imposition of new construction standards on existing, operational, or under-renovation buildings. Thousands of facilities across the country, from factories and warehouses to service establishments, have had their operations suspended because they cannot meet the new requirements for fire safety acceptance. This not only causes economic damage to businesses but also affects supply chains and the investment environment.

The entanglements related to QCVN 06 have transcended purely technical issues to become a serious socio-economic barrier. A vicious cycle of inadequacy is apparent. It starts with a safety regulation that is theoretically sound, for example, the requirement for intumescent paint. However, this regulation was issued without a comprehensive assessment of the domestic support ecosystem’s capacity to respond. Reality shows that the Vietnamese market severely lacks organizations with the capability to test and certify this type of paint according to the international standards the regulation references. The capacity of fire protection design consultants and contractors is also a major problem, with many lacking the expertise to implement the requirements correctly. As a result, even after paying for construction, a business cannot obtain the necessary inspection certificate, leading to the inability to complete the fire safety acceptance for the entire project. A project without fire safety acceptance cannot be put into operation, causing production stagnation and severe economic losses. Thus, a safety regulation, when implemented without synchronization with practical realities, has inadvertently become an obstacle to development. The core problem lies not in the regulation’s objective, but in its implementation method and the disconnect from techno-economic reality.

4.3.2. Case Study 2: QCVN 01 on Construction Planning – Rigidity in a Diverse Context

QCVN 01:2021/BXD, despite many improvements, still reveals the inherent limitations of a “one-size-fits-all” national regulation.

  • Lack of Flexibility and Regional Specificity: The regulation provides a general set of planning indicators (on construction density, building height, green space, public facilities…) for the entire country. However, rigidly applying these indicators to regions with completely different natural, cultural, and socio-economic conditions (like the Northern mountains, Central coast, or Mekong Delta) is inappropriate and impractical.
  • Gaps in Regulations for New Models: Socio-economic development has given rise to new urban development models that the regulation has not kept up with. For example, the industrial park combined with urban/service areas model is very popular, but QCVN 01 still primarily regulates indicators for standalone industrial parks, lacking specific provisions for the accompanying residential and service areas. Similarly, the regulation also lacks minimum technical infrastructure requirements for old urban areas or redevelopment zones, causing much confusion for local management.

The uniform imposition of planning indicators by QCVN 01 across the country is creating unfeasible planning projects and risks stifling the unique development of localities. A public green space indicator might be ideal for a new urban area in the delta, but it is an impossible requirement for renovating a crowded old quarter in Hanoi or planning a highland town where land is an extremely scarce resource. This shows an urgent need for decentralizing management and empowering localities to build their own Local Technical Regulations (QCĐP) to specify requirements appropriately. However, reality shows that localities are facing great difficulty in issuing their own QCĐP; to date, only Hanoi has managed to issue one. The rigidity of the national regulation, combined with the gridlock in issuing local regulations, has pushed local managers and planners into a dilemma: either “bend the rules” to fit reality, or approve unfeasible planning projects, negatively and lastingly impacting sustainable urban development.

4.4. Inadequacies in the Document Drafting and Issuance Process

The root of many of the above inadequacies stems from the very process of drafting, appraising, and issuing QCVNs.

  • Lack of Substantive Participation from Stakeholders: Experts have pointed out that the QCVN drafting process often lacks direct and substantive participation from local management agencies (who will enforce the regulation) and the main affected parties, such as businesses and industry associations. The Ministry-level Science and Technology Council that appraises the draft often lacks representation from these organizations. The process of gathering opinions, mainly through official letters to other state agencies, is often ineffective, leading to regulations that can be detached from reality and unfeasible upon issuance.
  • Adoption of Foreign Standards without Verification: Much of the content in QCVNs is referenced from regulations in developed countries like the US, UK, or international standards. While learning from international experience is necessary, this process is sometimes done mechanically, lacking sufficient research, testing, and assessment of its feasibility and suitability for Vietnam’s climatic conditions, technology, materials, and management capacity. This can lead to the imposition of technical requirements that are too high or inappropriate, causing waste and difficulty in application.

To systematize the analyzed issues, the table below summarizes some typical overlaps and conflicts in Vietnam’s construction regulation and standard system.

(Note: Table 2 mentioned in the original text was not provided.)

Part 5: Impact Assessment and Recommendations

The overlaps, conflicts, and inadequacies in the system of construction regulations and standards have been creating profound impacts, negatively affecting the entire value chain of the construction industry, from policy-making, planning, and investment, to design, construction, and operational management. Clearly identifying these impacts and proposing remedial solutions is an urgent requirement to create a transparent, stable technical-legal environment and promote sustainable development.

5.1. Impact of Inadequacies on Construction Investment Activities

The consequences of a technical legal system that lacks uniformity and contains many inadequacies are clear and multi-faceted:

  • Increased Legal Risk: Contradictory regulations create an uncertain legal environment. Businesses constantly face the risk of management agencies interpreting regulations in an unfavorable way, leading to design modification requests, project acceptance failures, or administrative penalties.
  • Unreasonable Increase in Investment Costs: To cope with rigid or inappropriate technical requirements, investors are forced to choose technical solutions and materials that are more expensive than necessary. Costs also increase due to hiring specialized consultants to handle legal and technical entanglements, or remedial costs when a project cannot be accepted.
  • Prolonged Project Timelines: The design appraisal process, especially for fire protection, is prolonged dueto disputes and requests for additions or modifications related to the application of regulations. The inability to get a project accepted for use causes stagnation, leading to missed business opportunities and severe financial losses for the investor.
  • Stifling Innovation: An overly rigid and inflexible regulatory system discourages designers and investors who want to apply new, advanced technologies, materials, and architectural solutions. Instead of encouraging creativity, the system forces them to follow safe but potentially outdated paths.

5.2. The Regulatory Agency’s Roadmap for Improving the System

It should be noted that state management agencies, especially the Ministry of Construction, have recognized these inadequacies and are taking positive steps to improve the system. One of the key moves is the implementation of the “Project to perfect the system of construction technical standards and regulations.” Accordingly, one of the central tasks is to review and re-plan the entire system, with the goal of streamlining the current 29 construction regulations down to about 13 core regulations. This aims to eliminate overlapping content and more clearly define the scope of management between Ministries and sectors. This is a positive signal, showing a determination to resolve the problems at their root.

5.3. Recommendations for State Management Agencies

For the system improvement process to be truly effective, it is necessary to focus on systematic and long-term solutions:

  • Comprehensive System Harmonization: A comprehensive and synchronous review program must be implemented to thoroughly resolve conflicts between QCVN vs. QCVN, and more importantly, between QCVN and TCVN. Resources must be prioritized to update and develop new foundational TCVNs (on structures, materials, construction) so they are compatible and synchronized with the technical philosophy of the new QCVNs.
  • Reform the Drafting and Issuance Process: The process for developing QCVNs needs to be reformed to increase transparency and substantive participation. It is necessary to establish mandatory mechanisms to solicit opinions and counter-arguments from industry associations, large enterprises, research institutes, and practicing experts right from the very first draft stage. The role of these organizations needs to be elevated from “commenting” to “participating in appraisal.”
  • Promote and Guide the Development of Local Technical Regulations (QCĐP): Instead of focusing only on national regulations, the Ministry of Construction needs to issue circulars and detailed guidelines on the process, content, and scope for developing QCĐP. This will empower and create a solid legal basis for localities to address their specific issues in planning, architecture, and infrastructure in accordance with their own conditions, overcoming the “one-size-fits-all” situation.
  • Develop Accompanying Guidance and Explanatory Documents: For complex QCVNs like QCVN 06, issuing application guidance documents and illustrative examples (checklists, technical handbooks) is extremely necessary. This helps to unify the understanding and application of the regulation nationwide, reducing arbitrary interpretations by local management agencies.

5.4. Recommendations for Businesses and Stakeholders in the Industry

In the context of a still-volatile technical legal system, businesses need to adopt a proactive response strategy to minimize risks:

  • Enhance Proactive Compliance Capacity: Businesses need to invest in building a technical-legal department or use specialized consulting services to continuously and accurately update changes in the regulation and standards system. This should be done right from the pre-feasibility study and basic design stages of a project.
  • Proactively Manage Legal Risk: When detecting contradictory or unclear points in regulations, instead of making a risky self-interpretation, businesses should proactively send official written requests to specialized construction agencies (State Authority for Construction Quality Inspection, Department of Science, Technology and Environment – MOC, or the local Department of Construction) to ask for official guidance. These response letters will serve as an important legal basis to protect the business.
  • Strengthen Role and Voice through Associations: Businesses should actively participate in industry associations (Vietnam Federation of Civil Engineering Associations, Vietnam National Real Estate Association, Vietnam Association of Construction Contractors…). Through these organizations, the voices and practical problems of businesses will be consolidated and conveyed more systematically and with greater weight to policy-making bodies during the drafting and amendment of legal documents.