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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
12/2000/ND-CP
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Hanoi,
May 05, 2000
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE
INVESTMENT AND CONSTRUCTION MANAGEMENT REGULATION ISSUED TOGETHER WITH THE
GOVERNMENT’S DECREE No. 52/1999/ND-CP OF JULY 8, 1999
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposal of the Minister of Construction, Minister of Planning and
Investment and Minister of Finance,
DECREES:
Article 1.- To amend and supplement a number of Articles of the
Investment and Construction Management Regulation issued together with the
Government’s Decree No.52/1999/ND-CP of July 8, 1999 as follows:
1. Clause 1 and Clause 2 of Article 6 are
amended and supplemented as follows:
1. Depending on their characteristics and
investment scale, the domestic investment projects are classified into three
groups: A, B and C for division of management responsibility. The typical
characteristics of each group are specified in the Appendix issued together
with this Decree with amendments to the capital levels of groups A and B.
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2. Point c, Clause 2 of Article 7 is amended and
supplemented as follows:
c/ To assume the prime responsibility together
with the ministries, branches and localities for evaluating technical designs
and total cost estimates of group-A investment and construction projects for
ratification by the competent authorities. For group-A projects to be executed
by ministries and branches with specialized construction, the provisions of
Clause 12, Article 1 of this Decree shall be complied with.
To exercise the unified State control of
construction quality, to monitor, examine and detect matters related to the
quality of construction works and propose handling measures therefor,
particularly the quality of group-A construction projects.
3. To add Clause 6; to amend Clauses 1 and 2 of
Article 9 as follows:
1. The capital for elaboration of planning
projects shall include capital for investigation, survey, study, elaboration
and ratification of planning projects.
2. The capital for elaboration of projects on
regional and territorial socio-economic development overall planning, branch
development planning, regional construction planning, urban and rural overall
planning, detailed planning on urban centers and detailed planning on land use
may be taken from the State budget and included in the State’s annual
investment plans.
6. The Ministry of Planning and Investment shall
assume the prime responsibility in organizing the final evaluation of planning
projects on socio-economic development, branch development and key economic
zones and submit them to the Prime Minister for ratification.
4. Points d and e of Clause 1, Point c of Clause
2, of Article 10 are amended and supplemented as follows:
d/ The Government’s foreign loan capital and
international aid for development investment (including official development
assistance- ODA capital) shall be subject to the unified management according
to Point b, Clause 2, Article 21 of the Law on the State Budget and the legal
documents guiding the implementation thereof. The agencies in charge of
allocating the above-mentioned capital sources for development investment
projects shall have to arrange enough domestic reciprocal capital to ensure the
execution of projects.
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c/ The general directors of general departments
and directors of departments under the ministries; the commanders of Military
Regions, Corps, Services and Border-Guards and persons of equivalent ranks
under the Ministry of Defense may be authorized by the ministers to decide
investment in group-C projects.
5. Article 11 is amended as follows:
1. Investors of projects financed with the
State-guaranteed credit capital or the State’s development investment credit
capital shall be accountable for the investment efficiency and repay the
borrowed capital on time; the lending organizations shall have to appraise the
financial plans as well as the debt repayment plans, to supply capital,
supervise the use of borrowed capital for the right purposes and recover the
lent capital. For projects using the State-guaranteed foreign loan capital, the
investors shall also have to fulfill their commitments made when borrowing
capital according to the provisions of law.
2. The competence to decide investment in
projects of State enterprises using the State-guaranteed credit capital and the
State’s development investment credit capital shall comply with the provisions
of Clause 2, Article 10 of the Investment and Construction Management
Regulation issued together with the Government’s Decree No.52/1999/ND-CP of
July 8, 1999 (hereafter called the Investment and Construction Management
Regulation for short) and Clause 4, Article 1 of this Decree.
The Managing Boards of the State corporations
may decide investment in group-C projects. Particularly for the State
corporations set up by the Prime Minister’s decisions (corporations 91), their
Managing Boards may decide investment in group-B and- C projects.
3. Persons competent to decide investment in
projects according to their assigned responsibilities may decide matters
arising in the course of execution of the projects as prescribed by law.
The capital-lending organizations shall monitor
and inspect the investment execution under the investment decisions and make
the final settlement of investment capital.
6. Article 12 is amended as follows:
The competence to decide and effect the
investment projects financed with the development investment capital of State
enterprises is stipulated as follows:
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2. For group -B and -C projects, State
enterprises shall base themselves on the branch development planning or plans
already ratified by the competent authorities to decide the investment; if
projects require the use of land, the projects’ locations and land areas must
be approved by the People’s Committees of the localities where the land is
applied for and the procedures for land allotment or lease must be filled in
according to the provisions of the land legislation. The process of investment
execution shall be undertaken by enterprises themselves, based on the strict
observance of the State’s current regimes and policies on investment and
construction management as well as the Regulation on Bidding.
Organizations managing the enterprises’ capital
and organizations providing capital support for projects shall have to inspect
the execution of investment decisions and make the final settlement of
investment capital.
3. Projects financed with the development
investment capital of State enterprises are projects which use part of capital
supported by the State budget or capital of State budget origin; capital
accumulated by the enterprises themselves; commercial credit capital for
development investment; development investment fund, financial reserve fund (to
offset asset losses), and welfare fund (investment in welfare projects); fixed
asset depreciation capital and the State’s revenues left for enterprises for
investment.
The Finance Ministry shall assume the prime
responsibility and coordinate with the relevant ministries in providing
detailed guidance on the management and use of development investment capital
of State enterprises, such as the fixed asset depreciation capital in the State
capital source, part of the development investment fund, remittances payable by
enterprises to the State budget but allowed to be retained at enterprises.
7. Article 13 is amended as follows:
1. For production and/or business projects of
individuals and economic organizations other than State enterprises, the
investors themselves shall decide the investment and take responsibility for
the production and business efficiency; the procedures of application for land
allotment or land lease as well as for construction permits are stipulated as
follows:
a/ For investment project requiring the land
allotment or land lease, the investors shall submit their applications therefor
together with the production and/or business investment project already
approved in the business registration certificates to the competent People’s
Committees of the localities where the land allotment or land lease is applied
for in order to get approval of the projects’ locations and land areas and fill
in the land allotment or land assignment procedures according to the provisions
of the land legislation.
For investment and construction projects with
legitimate land use right, which do not require land allotment or lease, the
investors shall not have to fill in the procedures therefor but only apply for
the construction permits.
The General Land Administration shall guide in
detail the procedures of application for land allotment or land lease.
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2. Projects of diplomatic missions,
international organizations and other foreign agencies involved in investment
and construction on the Vietnamese soil shall be managed according to treaties
or agreements already concluded with the Vietnamese Government and the
investors shall have to compile dossiers applying for construction permits in
accordance with the provisions of the Regulation on Investment and Construction
Management.
3. For projects using capital contributed by
different members, basing themselves on the capital contribution proportions
and projects’ characteristics, the members shall reach agreement on the
determination of investors, modes of management and organization of project
administration.
8. Point b, Clause 1 of Article 14 is amended
and supplemented as follows:
b/ For administrative and non-business agencies,
the persons competent to decide the investment shall not concurrently act as
investors.
The administrative and non-business agencies
shall only act as investors of projects for construction of their own material
and technical bases.
For State enterprises established by decisions
of the Prime Minister (corporations 91), the Managing Boards of the
corporations may authorize the directors of member units to decide investment
in group-C projects financed with the capital sources stipulated in Clauses 5
and 6, Article 1 of this Decree.
9. Point a, Clause 2 of Article 22 is amended
and supplemented as follows:
a/ For group-A projects which have been approved
by the Prime Minister in terms of their pre-feasibility study reports and
allowed to be divided into constituent projects or mini-projects, such
constituent projects or mini-projects shall have their own feasibility study
reports elaborated and submitted for approval and shall be managed like
independent investment projects.
10. To add Clause 3 to Article 27 as follows:
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11. Article 35 is amended and supplemented as
follows:
1. For investment and construction projects of
production and/or business characters, the investors shall assume the prime
responsibility and coordinate with the local People’s Committees in reaching
agreement on the compensation plan, ground clearance plan, fund, tempo and
settlement of ground-clearance expenses so that the local People’s Committees
may organize the compensation and clearance of construction ground as scheduled
and hand over the construction ground to the contractors.
2. For investment and construction projects
related to socio-economic infrastructure, defense and security and national
important projects, the People’s Committees of different levels shall assume
the prime responsibility together with the investors for organizing the
compensation for ground clearance and hand over the ground according to
schedule, set up the common resettlement zones and effect the resettlement
according to the State’s regimes and policies as well as the policies on support
from investment projects.
3. The Ministry of Defense shall assume the
prime responsibility and coordinate with the localities in guiding and clearly
defining land areas where mine sweeping is required; and coordinate with the
relevant ministries and branches in guiding mine sweeping on the construction
ground.
12. Items a and d, Point 3.1 of Article 38 are
amended and supplemented as follows:
a/ The technical designs and total cost
estimates of group-A projects shall be approved by the ministers, the heads of
the ministerial-level agencies, the heads of the agencies attached to the
Government, the Managing Boards of the State corporations set up by the Prime
Minister’s decisions (corporations 91) and the presidents of the
provincial-level People’s Committees of localities having projects, after they
are evaluated under the arrangement by the Ministry of Construction. As for
traffic development projects under the Ministry of Communications and
Transport; mine development projects and industrial construction projects under
the Ministry of Industry; irrigation, agricultural and forestry construction
projects under the Ministry of Agriculture and Rural Development; post and
telecommunications construction projects under the General Department of Post
and Telecommunications; projects on relics under the Ministry of Culture and
Information; projects on national defense and security under the Ministry of
Defense and the Ministry of Public Security, the said ministries and agencies
shall assume the prime responsibility and organize the evaluation of technical
designs and total cost estimates of the projects before they are approved by
the competent authorities.
For investment projects for the procurement of
equipment with particular professional requirements, the ministries and
branches shall themselves evaluate the deigns and total cost estimates before
they are submitted to the competent authorities for approval.
The agencies assuming the prime responsibility
in evaluating technical designs and total cost estimates shall be answerable
before law for the contents of their evaluation.
The above-mentioned ministries and agencies
shall guide their subordinates in the evaluation of technical designs and total
cost estimates of group-B and -C projects in their respective branches.
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13. To annul Point 4 and change Point 5 into
Point 4 of Article 41.
14. Article 43 is amended and supplemented as
follows:
Projects financed with the State budget capital,
State-guaranteed credit capital, the State’s development investment credit
capital and development investment capital of State enterprises shall have to
comply with the provisions of the Regulation on Bidding.
15. Point b, Clause 4 of Article 46 is amended
and supplemented as follows:
b/ The provincial/municipal Construction
Services and specialized Construction Departments of the People’s Committees of
the provinces and centrally-run cities shall exercise the State management over
the quality of construction projects in their respective provinces and cities.
16. Article 63 is amended as follows:
1. The form of self-execution of projects shall
apply only in the following cases:
a/ Investors are capable of conducting
production and construction activities in conformity with the requirements of
the projects and the projects are financed with lawful capital of the investors
such as the self-procured capital of enterprises and self-mobilized capital of
organizations and individuals, except for loan capital of credit institutions;
b/ Investors are capable of conducting
production and construction activities in conformity with the requirements of
the projects on planting and tending annual trees, aquaculture (in the sectors
of agriculture, forestry, aquatic resources and industry), plant varieties and
animal breeds, virgin land reclamation for field construction, and regular
maintenance of construction works and production equipment.
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The Ministry of Construction shall guide in
detail the forms of project management.
Article 2.- This Decree takes effect 15 days after its signing.
Article 3.- The Ministry of Construction shall assume the prime
responsibility and coordinate with the relevant ministries and branches in
guiding and inspecting the implementation of this Decree.
Article 4.- The ministers, the heads of the ministerial-level agencies
and of agencies attached to the Government, the presidents of the People’s
Committees of the provinces and centrally-run cities, the Managing Boards of
the State corporations and concerned organizations shall have to implement this
Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
The Appendix is amended and supplemented as
follows:
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CLASSIFICATION OF INVESTMENT PROJECTS UNDER THE
INVESTMENT AND CONSTRUCTION MANAGEMENT REGULATION
(Issued together with the Government’s Decree No.12/2000/ND-CP of May 5,
2000 amending and supplementing Decree No.52/1999/ND-CP of July 8, 1999)
Investment projects (excluding foreign direct
investment projects) are classified into 3 groups A, B and C according to the
following stipulations:
Ordinal
number
Types of
investment projects
Total
investment capital
I. GROUP A
1
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Unlimited
2
Projects on production of noxious substances or
explosives regardless of investment capital scale
Unlimited
3
Projects on power industry, oil and gas
exploitation, oil and gas processing, chemicals, fertilizers, machine
building (including ship purchase and building, automobile assembly), cement,
metallurgy, mineral exploitation and processing; traffic projects: bridges,
seaports, river ports, airports, railways, national highways
Over 600 billion VND
4
Projects on irrigation, traffic (other than those
mentioned at Point I-3), water supply and drainage, technical infrastructure,
electric techniques, production of information, electronic, informatic,
chemo-pharmaceutical and medical equipment, other mechanical engineering
projects, production of materials, post and telecommunications, domestic BOT,
construction of living quarters, intra-city roads in urban areas with
detailed planning already approved
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5
Projects on technical infrastructure of new
urban areas, projects on light industry, chinaware, porcelain, glassware,
printing; national gardens, nature conservation zones, agricultural and
forestrial production, aquaculture, agricultural and forestrial products
processing
Over 300 billion VND
6
Projects on health care, culture, education,
radio and television broadcasting, civil construction, warehouses, tourism,
physical training and sports, scientific research and other projects
Over 200 billion VND
II. GROUP B
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Projects on: power industry, petroleum,
chemicals, fertilizers, machine building (including ship purchase and
building, automobile assembly), cement, metallurgy, mineral exploitation and
processing; traffic projects: bridges, seaports, river ports, airports,
railways, national highways
From 30 to 600 billion VND
2
Projects on: irrigation, traffic (other than
those mentioned at Point II-1), water supply and drainage, technical
infrastructure, electric techniques, production of information, electronic,
informatic, chemo-pharmaceutical and medical equipment, other mechanical
engineering projects, production of materials, post and telecommunications,
domestic BOT, construction of living quarters, intra-city roads in urban
areas with detailed planning already approved
From 20 to 400 billion VND
3
Projects on technical infrastructure of new
urban areas, projects on light industry, chinaware, porcelain, glassware,
printing; national gardens, nature conservation zones, agricultural and
forestrial production, aquaculture, agricultural and forestrial products
processing
From 15 to 300 billion VND
4
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From 7 to 200 billion VND
III. GROUP C
1
Projects on: power industry, petroleum,
chemicals, fertilizers, machine building (including ship purchase and building,
automobile assembly), cement, metallurgy, mineral exploitation and
processing; traffic projects: bridges, seaports, river ports, airports,
railways, national highways. General education schools included in the
planning (regardless of the capital level)
Under 30 billion VND
2
Projects on: irrigation, traffic (other than
those mentioned at Point III-1), water supply and drainage, technical
infrastructure, electric techniques, production of information, electronic,
informatic, chemo-pharmaceutical and medical equipment, other mechanical
engineering projects, production of materials, post and telecommunications,
domestic BOT, construction of living quarters, general education schools,
intra-city roads in urban areas with detailed planning already approved
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3
Projects on technical infrastructure of new
urban areas, projects on light industry, chinaware, porcelain, glassware,
printing; national gardens, nature conservation zones, agricultural and forestrial
production, aquaculture, agricultural and forestrial products processing
Under 15 billion VND
4
Projects on health care, culture, education,
radio and television broadcasting, civil construction, warehouses, tourism,
physical training and sports, scientific research and other projects
Under 7 billion VND
Notes:
1. Group-A projects on railways and land roads
must be sub-classified according to their lengths, grades and bridges, under
the guidances of the Ministry of Communications and Transport after reaching
agreement with the Ministry of Planning and Investment.
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