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THE
MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
701/2000/QD-BGTVT
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Hanoi,
March 27, 2000
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DECISION
PROMULGATING THE REGULATION ON MANAGEMENT OF THE PROCESS OF
INVESTMENT IN THE PROJECT ON CONSTRUCTION OF HO CHI MINH ROAD- STAGE I
THE MINISTER OF COMMUNICATIONS AND TRANSPORT
Pursuant to the Government’s Decree No.22/CP of March
22,1994 on the tasks, powers, State management responsibilities and organizational
structure of the Ministry of Communications and Transport;
Pursuant to the Investment and Construction Management Regulation issued
together with the Government’s
Decree No-52/1999/ND-CP of July 8, 1999;
Pursuant to the Prime Minister’s
Decision No.789/TTg of September 24, 1997 approving the overall planning for
North-South Highway (now Ho Chi Minh Road);
Pursuant to Notice No 271-TB/TW of December 23, 1999 of the Communist Party of
Vietnam Central Committee on the undertaking to build Ho Chi Minh Road;
Pursuant to the Prime Minister’s
Decision No.18/2000/QD-TTg of February 3, 2000 on investment in the project for
the construction of Ho Chi Minh Road (stage I);
In order to ensure the management of investment in the construction of Ho Chi
Minh Road in strict accordance with the law provisions and the time schedule,
to ensure the quality of construction, to ensure safety for people, property,
equipment and to economically use materials and money;
At the proposals of the Director of the Department for Evaluation and Quality
Control of Traffic Works and the General Director of the Management Board of
the Ho Chi Minh Road Project,
DECIDES:
Article 1.-
Hereby to promulgate together with this Decision the Regulation on Management
of the Process of Investment in the Project on Construction of Ho Chi Minh
Road- Stage I .
Article 2.-
This Decision takes effect 15 days after its signing.
Article 3.- The
director of the Office, the directors of functional departments, the chief
inspector, the director of the Department for Evaluation and Quality Control of
Traffic Works, directors of specialized management departments under the
Ministry, the general director of the Vietnam Railways Union, the general
director of the Management Board of the Ho Chi Minh Road Project and the heads
of concerned agencies and units shall have to implement this Decision.
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MINISTER OF
COMMUNICATIONS AND TRANSPORT
Le Ngoc Hoan
REGULATION
ON MANAGEMENT OF THE PROCESS OF INVESTMENT IN THE PROJECT ON
CONSTRUCTION OF HO CHI MINH ROAD
(Issued
together with Decision No.701/2000/QD-BGTVT of March 27,2000)
Chapter I
GENERAL PROVISIONS
Article
1.- This Regulation prescribes the management of the process of investment
in the project for construction of Ho Chi Minh Road ( stage I) with a view to
ensuring that the investment in the construction of Ho Chi Minh Road is managed
in accordance with laws, ensuring the safety for people, equipment and
property, ensuring the construction quality and time schedule and economically
using materials and money of the State.
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Article
3.- The implementation of the project on construction of Ho Chi Minh Road
must comply with:
3.1. Decision No.789/TTg of
September 24,1997 of the Prime Minister, approving the overall planning of
North-South Highway (now Ho Chi Minh Road);
3.2. Notice No.271-TB/TW of
December 23,1999 of the Central Committee of the Communist Party of Vietnam
regarding the Political Bureau�s opinions on the
project for construction of a number of sections on Ho Chi Minh Road in Central
Vietnam region;
3.3. Decision No.18/2000/QD-TTg
of February 3,2000 of the Prime Minister on investment in the project on
construction of Ho Chi Minh Road (stage I);
3.4. The Regulation on Investment
and Construction Management, issued together with the Government’s Decree No.52/1999/ND-CP of
July 8, 1999 (hereinafter referred to as the Investment and Construction
Management Regulation 52/ND-CP for short);
3.5. The Government’s Decree No.22/1998/ND-CP of
April 24,1998 on compensation for damage caused by the State’s recovery of land for use for
defense and security purposes, for national interests and public interests;
3.6. The current legal documents
relating to the management of investment and construction in general and the
legal documents prescribed specifically for the project on the construction of
Ho Chi Minh Road, which have been issued by the competent State bodies.
Article 4.-
The cource of implementation of the project must ensure the following 4 basic
objectives:
4.1. Complying with the design
and technical instructions of the blueprint; the quality is ensured;
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4.3. Economy, reasonable cost;
4.4. Safety for people,
equipment, national security and defense works, nearby works, historical relics
and environment and landscape. Maintaining normal traffic on road sections
being exploited. Maintaining social order and safety.
Chapter II
ORGANIZATION OF THE
MANAGEMENT AND CONSTRUCTION
Article 5.-
Steering Board for Construction of Ho Chi Minh Road
To set up the Steering Board for
Construction of Ho Chi Minh Road with the Minister as its head and a
vice-minister as its standing deputy-head to solve the relationships with ministries,
branches and localities involving in the project, to direct the management,
inspect and handle in time contingencies on the site.
The functions, tasks, powers,
organization and operation regulations of the Steering Board for construction
of Ho Chi Minh Road shall be decided by the minister.
Article 6.-
The Ho Chi Minh Road Project Management Board and regional management boards
6.1. The Ho Chi Minh Road
Project Management Board (hereinafter abbreviated as HCMRP Management Board) is
the representative of investor, having the responsibilities, tasks and powers
as prescribed in the Investment and Construction Management Regulation 52/ND-CP
and Decision No.1999/1999/QD-BGTVT of August 11,1999 of the Communications and
Transport Minister on setting up the Ho Chi Minh Road Project Management Board.
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Article 7.-
Construction and installation units
7.1. Construction and
intallation units are units specialized in building traffic works under the
Ministry of Communications and Transport, the Ministry of Defense, the Ministry
of Construction, the Ho Chi Minh Communist Youth Union Central Committee and
partnerships of traffic work construction and installation units of the
provincial/municipal Communications and Transport Services or Communications
and Public Works Services of the localities where the road runs through and the
VIC joint-venture company (hereinafter referred collectively to as the
construction and installation units).
The Communications and Transport
Minister shall decide to assign specific construction tasks to each
construction and installation unit on the basis of the list approved by the
Prime Minister.
7.2. The construction and
intallation units shall have to satisfy all the following conditions:
a/ Having the unified and stable
command apparatus for performance of tasks on their respective assigned
sections and appointing the executive general director (or director)
(hereinafter referred collectively to as the executive director) with clear
tasks and powers. The executive directors are entitled to regulate, coordinate
and take responsibility for all aspects prescribed in the Regulation,
particularly the construction quality and tempo of the assigned projects.
Units joining partnership of the
Ministry of Communications and Transport shall be approved by the
Communications and Transport Minister.
Units joining partnership of
localities must be approved by the presidents of the People�s
Committees of provinces and centrally-run cities.
Partnership units must enter
into concrete partnership contracts clearly defining the head unit, the power,
responsibility, work division and interests of each member;
Construction corporations and
partnership units must issue clear regulations on the tasks, powers,
responsibility, shared benefits, the relationships between the corporations (or
companies) and the partnership, between the corporation general director (or company
director) and the executive director of construction and intallation units in
all aspects.
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c/ The construction and
installation units directly assigned by the minister’s
decisions must have the standard laboratories satisfying the assigned work,
have adequate experienced lab personnel and register their names and
signatures;
d/ Having organized the
inspection system capable of conducting internal inspection and pre-acceptance
test upon completion.
7.3. Construction and
installation units assigned the tasks shall have to organize the construction
by themselves. In case of using subcontractors (if necessary), there must be
the permission of the Communications and Transport Minister.
The ceding of part or whole work
to other units is strictly forbidden.
If in the course of
construction, the quality and/or tempo is not ensured or this Regulation is breached,
the Communications and Transport Minister shall transfer part of the assigned
work or reduce the assigned tasks of the violating units.
7.4. The construction and
installation units shall have to compile dossiers on erection drawing,
construction organization design, with due attention being paid to the general
construction tempo and the specific construction tempo.
Article 8.-
Departments, functional departments of the Ministry of Communications and
Transport
The departments and functional
departments of the Ministry of Communications and Transport shall implement
functions and tasks prescribed in " Process of effecting the investment
and construction order in the railway communications and transport
service" issued together with Decision No.1781/CGD of July 17,1997 and
Decision No.337/1998/QD/BGTVT of March 4, 1998 on amending Clause 16.3, Article
16 of the above-said process of the Communications and Transport Minister.
Article 9.-
Requirements on designing survey quality
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The technical design dossiers
must ensure the high precision regarding survey data, particularly for
geological and hydrographic data. When designing projects, it is necessary to
make the comparison with the 1999 flood peak, ensure smooth and non-interrupted
traffic around the year and ensure their durability. The system of protection
works, support works and traffic safety facilities must be ensured according to
the requirements on the exploitation of the road.
9.2. As the construction
stretches for a long distance and involves many construction units, the project
shall be divided into many road sections and every big bridge. Each road
section and each big bridge is stipulated as a construction work. Expense shall
be calculated according to construction work. To permit the approval of
technical design and estimate for each part in order to ensure the tempo.
9.3. The technical design
dossier must be evaluated and approved by competent bodies.
The erection drawing design
dossier must be carefully examined and commented in writing by supervision
consultants and approved by the Regional Management Board within the framework
of the approved technical design.
9.4. The evaluation of technical
design and cost estimate shall be based on the following:
a/ The overall planning on
North-South Highway under the Prime Minister’s
Decision No.789/TTg of September 24,1997 on the road direction, construction
boundary according to stage I and the boundary of the planning for the next
stage;
b/ The compliance with written
decision on investment in the construction of Ho Chi Minh Road at the Prime
Minister’s Decision No.18/2000/QD-TTg
of February 3,2000;
c/ Article 37 of the Investment
and Construction Management Regulation 52/ND-CP;
d/ Guiding documents of the
concerned ministries and branches.
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a/ Organization of technical
design evaluation:
+ The Department for Evaluation
and Quality Control of Traffic Works (hereinafter referred to as the Evaluation
and QCTW Department for short) is assigned to organize and assume the prime
responsibility for the evaluation.
+ The evaluation consultancy is
provided through the design evaluation experts’
group set up by Decision No.2629/QD-BGTVT of October 1st, 1999 of the
Communications and Transport Minister. In case of necessity after making
balance, the Minister shall permit the hiring of a number of evaluation
consulting organizations that have the legal person status and are capable of
undertaking the job, based on the proposal of the director of the Evaluation
and QCTW Department.
+ The director of the Evaluation
and QCTW Department is authorized to make decision in case where the opinions
of the design consulting organization, the evaluation consulting organization, the
evaluation experts’ group
and bodies invited to participate therein remain divergent. For special cases,
the director of the Evaluation and QCTW Department shall report them to the
Ministry’s leadership for
decision. After the conclusion is made according to competence, within three
days, the design consulting organization shall have to promptly correct the
dossier for approval.
b/ Cost estimate evaluation:
+ The HCMRP Management Board
shall examine the legality and accuracy of the cost estimate made by design
consultants and carry out the procedures for submission and approval thereof by
the Ministry.
The Evaluation and QCTW
Department is the body that carries out the evaluation and draft document to be
submitted to the Minister for approval of the cost estimate.
+ The principled cost estimate
dossier must be submitted simultaneously with the technical design dossier.
After the technical design is approved, within 3 days, the design consultants
shall have to promptly complete the adjustment and amendment of the cost
estimate. The cost estimate dossier must ensure its accuracy. The cost estimate
must be approved within 10 days after the technical design is approved.
9.6. Regarding the erection
drawing and its cost estimate:
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Particularly for projects which
need to be supplemented or changed regarding their scales and structures
already prescribed in the approved technical design, which may lead to the
change in funding, the HCMRP Management Board shall report them to the Ministry
of Communications and Transport for approval.
b/ The supervision consulting
organization shall make the examination and approval within 7 days after
receiving the dossier from the construction and installation units. In case of
requesting the construction and installation unit to amend the erection
drawing, such request shall not be made more than three times and the time
limit for the subsequent request shall be 2 days less than the previous
request.
The Regional Management Boards
shall have to study, examine and approve the erection drawings within 5 days
after receiving the dossier submitted by the supervision consulting
organization.
The written approval by the
Regional Management Boards must be forwarded to the Evaluation and QCTW
Department and the HCMRP Management Board for monitoring.
c/ In all circumstances, the
executive director of the unit assigned the task of construction shall bear
responsibility before the minister and before law for the quality of the
erection drawing design dossier.
d/ On the basis of the approved
erection drawing, the construction and installation unit shall proceed with the
construction and strictly control the construction quality and volume.
Article
10.- Construction and installation quality control and pre-acceptance test
upon completion of the project
10.1. The construction work
quality control must comply with the Regulation on Construction Work Quality
Control, issued together with Decision No.35/1999/QD-BXD of November 12,1999 of
the Minister of Construction and the current guiding documents of the Ministry
of Communications and Transport.
10.2. The tasks, powers and
responsibility of the supervision consulting organization and engineer
consultants supervising the construction of Ho Chi Minh Road shall comply with
the Regulation on consultancy for supervision of construction of projects
within the Communications and Transport sector, issued together with Decision
No.1562/1999/QD-BGTVT of June 29,1999 of the Communications and Transport
Minister.
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The Regional Management Boards
shall assume the prime responsibility for acceptance of settlement according to
construction elements, according to stages under the direction of the HCMRP
Management Board.
Article
11.- Requirements on implementation time schedule
11.1. The time schedule for the
entire project as set by the Prime Minister in his Decision No.18/2000/QD-TTg,
that the construction commences in early 2000 and completes in 2003, must be
ensured or surpassed.
11.2. The construction units
must set the construction time schedule for every piece of work, every project
element and the entire project parts assigned to them respectively, reaching
agreement thereon with the supervision consultants and investor.
Units are tasked to regularly
compare the actually achieve tempo with the projected tempo so as to timely
take remedial measures.
11.3. In case of technical
incidents, the construction units must immediately report them to the
supervision consultants, the Regional Management Boards, the HCMRP Management
Board and the Evaluation and QCTW Department, and within 3 days, the construction
units and the supervision consultants shall have to come up with the handling
solutions.
11.4. Apart from abiding by the
reporting regime under the Ordinance on Statistics and Accountancy, the
construction and installation units shall also have to follow the regime of
periodical reporting on construction on the 15th and 30th of every month. The
contents of such reports shall be uniformly specified by the HCMRP Management
Board, including the explanation and work volume performed in between two reporting
periods; the explanation and progressive volume; difficulties and problems;
proposals and recommendations....
Besides, the construction and
installation units, the Regional Management Boards and the HCMRP Management
Board shall have to make extraordinary reports at the requests of State
management bodies.
Article
12.- Ensuring safety
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+ Labor safety and safety for
people; the full supply of labor safety equipment and outfits;
+ Safety for construction means
and equipment;
+ Safety for other works, scenic
places around the construction sites;
+ Traffic and traffic safety on
road sections which are being constructed and exploited simultaneously;
+ Environmental hygiene;
epidemic prevention and combat; fire, explosion and hazard prevention and
combat;
+ Social order and safety.
+ The return of ground right
after the completion of construction.
Article
13.- On management of capital and cost
13.1. Throughout the course of
implementation of the project from the step of designing survey, bomb and mine
sweeping and deactivation, ground clearance, construction and installation to
the step of test upon completion and hand-over, the reasonable cost shall be
saved so that it shall not exceed the total investment level already approved
by the Prime Minister in Decision No.18/2000/QD-TTg of February 3, 2000, except
for special cases to be considered and decided by competent authorities.
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a/ The task-assigning prices are
based on the technical design and the approved construction and installation
cost estimate after cutting by 5%.
b/ Settlement value: On unit
prices, based on the approved unit prices after cutting 5%. On the volume,
based on the performed volume accepted after test upon completion within the
framework of the approved technical design.
c/ The following cases shall be
considered for adjustment of cost estimates:
+ Where it is due to objective force
majeure causes such as natural calamities, flood, storms, enemy sabotages;
+ Where it is due to the change
in wage and allowance regimes and policies by the State;
+ Where it is due to geological
and/or hydrographic conditions leading to the change in volume and unit prices,
which cannot be anticipated when conducting the designing survey.
All cases of adjustment must be
decided by the Minister.
d/ Encouraging construction and
installation units to practice thrift and apply scientific and technical
progress in order to cut the cost.
13.3. The evaluation expense
shall comply with Decision No.45/1999/QD-BXD of December 2,1999 of the
Construction Minister, promulgating the expense norms for investment and
construction consultancy, Decision No.141/1999/QD-BTC of November 16,1999 of
the Finance Minister, promulgating the levels of fee for evaluation of
investment projects, technical designs and total construction and installation
cost estimates, and the regulations of the Communications and Transport
Minister on the collection, payment and use management of fees for evaluation
of investment projects in the Communications and Transport sector.
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Chapter III
GROUND CLEARANCE
Article
14.- Regarding compensation for damage caused by ground clearance
14.1. The compensation for damage
caused when the State recovers land for use for the purpose of building Ho Chi
Minh Road shall comply with the separate regulation.
14.2. The ground clearance and
bomb and mine sweeping and deactivation shall be conducted only within the
scope corresponding to stage I of the project (probably to reserve an
additional meter to each side of the road in areas previously subject to heavy
bombing and strafing and in necessary places).
Chapter IV
EXAMINATION AND
INSPECTION
Article
15.- The functional bodies of the Ministry of Communications and Transport
,depending on their respective functions and tasks, shall frequently organize
the regular and irregular examinations and inspection of the observance of this
Regulation and relevant law provisions.
Article 16.-
The HCMRP Management Board, the Regional Management Boards, the investment and
construction consulting organizations and the construction and installation
units shall be subject to the regular and irregular examinations and
inspections by functional bodies of the Ministry of Communications and
Transport and competent State management bodies.
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COMMENDATION AND
HANDLING OF VIOLATIONS
Article
17.- Commendation
17.1. The Ministry of
Communications and Transport shall coordinate with the Ho Chi Minh Communist
Youth Union, the Vietnam Confederation of Labor and the Trade Union of the
Communications and Transport Sector in launching emulation movements with 4
objectives prescribed in Article 4 of this Regulation.
17.2. The consideration for commendation
shall be carried out once every six months. Any units which achieve four tops
shall be entitled to keep the rotary award banner of the Prime Minister and
given material awards. Any units which achieve one top of the four objectives
mentioned above shall be presented the Communications and Transport Minister�s
banner and material awards.
The emulation criteria shall be
specified separately.
Article
18.- Handling of violations
18.1. Those construction and
installation units which fail to ensure the quality shall, depending on its
seriousness, have their assigned tasks withdrawn, have to pay the compensation
and not be allowed to participate in building traffic works for 1 to 2 years.
18.2. Organizations and
individuals committing acts of violating this Regulation and concerned
stipulations shall, depending on the seriousness of their violations, be
handled according to current law provisions.
Chapter VI
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Article
19.- This Regulation takes effect 15 days after if signing
Article
20.- Any problems arising in the course of implementation should be
reported in writing to the Communications and Transport Minister for study,
amendment and supplement.