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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
15/2000/TT-BXD
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Hanoi,
November 13, 2000
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CIRCULAR
GUIDING THE FORMS OF MANAGING THE EXECUTION OF INVESTMENT
AND CONSTRUCTION PROJECTS
To perform the function of State management
in the construction branch according to the Government’s Decree No.15/CP of
March 4, 1994 on the functions, tasks, powers and organizational structure of
the Ministry of Construction;
In furtherance of the Regulation on Investment and Construction Management,
promulgated together with the Government’s Decree No.52/1999/ND-CP of July 8,
1999 and Decree No.12/2000/ND-CP of May 5, 2000 amending and supplementing a
number of articles of the Regulation on Investment and Construction Management,
promulgated together with Decree No. 52/1999/ND-CP;
The Ministry of Construction hereby guides the forms of managing the
execution of investment and construction projects, as follows:
I. GENERAL PRINCIPLES
1. Basing themselves on the scales and nature of
projects and their own capabilities, investors shall opt for one of the
following forms of managing the project execution:
1.1. Direct management of the project execution
by the investors;
1.2. Management of the projects by the managers;
1.3. Turn-key;
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2. For projects funded by the State budget
capital, the State’s investment credit capital, the State-guaranteed credit
capital or State enterprises’ development investment capital, the investors
shall have to submit to the persons competent to decide the investment the form
of managing the project execution for decision. For projects funded by other
capital sources, the investors shall decide by themselves the form of managing
the project execution.
The expenses for the management of the
investment and construction project execution shall comply with the provisions
of the Ministry of Construction’s Circular No.09/2000/TT-BXD of July 17, 2000
and be incorporated in the projects’ total investment capital and total cost
estimates.
3. Administrative and public-service agencies at
the central and local levels (e.g. the ministries, the ministerial-level
agencies, the agencies attached to the Government, the General Departments and
Departments attached to the ministries, the political organizations, the
socio-political organizations, the provincial people’s committees, the
provincial/municipal services, the district people’s committees) shall only act
as investors of projects for building material and technical foundations of
their respective agencies.
For other projects, the investors must be those
directly managing the exploitation and use thereof and having all
responsibilities and powers of investors, as provided for in Article 14 of the
Regulation on Investment and Construction Management, promulgated together with
the Government’s Decree No.52/1999/ND-CP of July 8, 1999. In cases where a
project’s investor is not identified yet, the person competent to decide the
investment shall assign the specialized project management board to function as
the investor (depending on the characteristics of each project).
II. THE FORM OF DIRECT
MANAGEMENT OF THE PROJECT EXECUTION BY INVESTORS
The form of direct management of the project
execution by investors shall apply to projects where investors have suitable
professional capability and professional staff to organize the management of
the project execution in the following cases:
1. Where the investors do not set up project
management boards but use their existing apparatus on the part-time basis and
appoint persons to take charge (on full-time or part-time basis) of the
management of project execution.
1.1. This case shall apply to group-B and
group-C projects where the investors have suitable specialized technical or
financial management sections or departments for management of the project
execution.
1.2. Professional and experience requirements
that persons directly managing the project execution must satisfy:
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b/ Technical managers of the projects must
possess degrees of intermediate or higher-level, and have professional skills
up to the project’s requirements and at least two years of professional work.
c/ Economic-financial managers of the projects
must have professional skills in economics, finance and accountancy, possess
intermediate or higher-level degrees, and have at least two years of
professional work.
d/ For projects in deep-lying and remote areas,
the persons directly managing the execution thereof must possess intermediate
or higher-level degrees, have professional skills up to the projects requirements and at least one
year of professional work.
1.3. The investors shall issue decisions to
assign tasks and delegate powers to departments, sections and individuals that
are appointed to manage the project execution on the part-time or full-time
basis.
2. In cases where investors set up their
attached project management boards to manage the project execution:
2.1. This case shall apply to group-A projects;
group-B or group-C projects with high technical requirements or where the
investors concurrently manage many projects.
2.2. A project management board shall be set up
under the investor’s decision and must ensure the following principles:
a/ The project management board shall be a unit
attached to the investor. The tasks and powers of the project management board
must conform to the investor’s responsibilities and powers prescribed in
Article 14 of the Regulation on Investment and Construction Management,
promulgated together with the Government’s Decree No.52/1999/ND-CP, the
investor’s organization and operation statute and the relevant provisions of
law.
b/ The organizational structure of the project
management board shall be decided by the investor, ensuring the full
professional and operational capability to perform the task of managing the
project execution. The project management board shall be composed of its head,
deputy heads and professional sections assisting the board’s head.
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d/ As soon as the project is completed and put
to exploitation and use, and the project management board has discharged its
assigned tasks, the investor shall issue a decision to dissolve or assign new
tasks to the project management board.
2.3. Upon deciding or proposing the appointment
of the project management board’s head and the persons in charge of technical,
economic and financial matters of the project, the investor shall have to
consider the working seniority and professional capabilities of such
individuals according to the minimum requirements prescribed at Point 1.2,
Section II of this Circular. Particularly for group-A projects, the project
management board’s head and the persons in charge of technical, economic and
financial matters of the project must possess degrees of the university or
higher level, and have professional skills up to the project’s requirements and
two years of professional work.
III. THE FORM OF MANAGING
PROJECTS BY MANAGERS
The management of projects by managers is a form
of managing the project execution by an independent legal person fully capable
of managing the project. The project management by managers shall be carried
out in two forms: the project management by consultants under contracts and the
specialized project management boards.
1. Project management by consultants under
contracts shall apply when:
1.1. The investors have not enough conditions to
directly manage the project execution, they shall hire consultancy
organizations capable of managing the project execution. Such consultancy
organizations shall be called the project management consultants.
1.2. The project management consultancy
organizations carry out the project management contents under the contracts
already signed with the investors.
1.3. The investors shall carry out and decide
the project execution management contents, for which no management consultants
are hired, according to the investors’ tasks and powers provided for in the
Regulation on Investment and Construction Management, promulgated together with
the Government’s Decrees No.52/1999/ND-CP and No.12/2000/ND-CP.
2. Specialized project management boards:
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2.2. The organizational structure and tasks of
the specialized project management board must ensure the following principles:
a/ The specialized project management boards
shall be set up under decisions of the ministries or provincial-level People’s
Committees, have full legal person status and be held responsible before law
for their operations.
b/ A specialized project management board shall
be composed of its director, deputy directors and an appropriate apparatus for
management of an independent project.
c/ The specialized project management boards
shall exercise the functions and perform the tasks of investors regarding the
management of project execution from the date the projects are approved until
they are handed over and put into exploitation and use.
In case of necessity, the specialized project
management boards may be assigned to perform works involved in the investment
preparation stage or other tasks of investors prescribed in Article 14 of the
Regulation on Investment and Construction Management, promulgated together with
the Government’s Decree No.52/1999/ND-CP.
2.3. Required professional qualifications of the
specialized project management boards:
a/ The director must possess degree of
university or higher-level, and have professional capability up to the
requirements on the project execution management and experience in managing two
projects or more.
b/ The heads of professional departments and
sections must posses degrees of university or higher-level, and have
professional capability up to the requirements of their assigned tasks.
c/ The specialized project management boards
must have specialized technical, technological, economic and legal personnel
fully capable of managing the execution of the assigned projects with high
quality and efficiency.
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1. The form of turn-key shall apply when the
investors are allowed to organize bidding to select the general contractor to
take up an entire project from its survey, designing, procurement of supplies
and equipment, construction and installation to its hand-over and commission.
For projects funded by capital sources specified
in Articles 10 and 11 of the Regulation on Investment and Construction
Management, promulgated together with the Government’s Decrees No.52/1999/ND-CP
and No.12/2000/ND-CP, this form shall apply only to group-C projects. For other
cases, the Prime Minister’s permission is required.
2. Project execution management
responsibilities:
2.1. The investors shall have the
responsibilities to:
a/ Fill in the procedures for submitting the
project’s contents for approval;
b/ Organize bidding to select general
contractor;
c/ Sign and perform contracts signed with the
contractors;
d/ Organize the site clearance, so that the
construction site shall be handed over to the contractors according to the
schedule set in the contracts and the provisions of law;
e/ Ensure sufficient funds for payment according
to plans and economic contracts;
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g/ Perform other tasks of investors prescribed
in Article 14 of the Regulation on Investment and Construction Management, promulgated
together with the Government’s Decree No.52/1999/ND-CP.
2.2. The contractors shall have the
responsibilities to:
a/ Perform obligations under the contracts
already signed with the investors;
b/ Be responsible before the investors and the
law for the progress, quality, costs and other requirements of the projects
strictly according to the already signed contracts.
c/ In cases where they subcontracts their
contracted work to subcontractors, they shall have to fulfill the commitments
already stated in their bids and the contracts signed between the general
contractors and the investors.
d/ Be fully responsible for the project
execution process until the projects are handed over to the investors for
exploitation and operation;
e/ Effect the warranty of the projects and the
insurance regimes according to the provisions of law.
V. THE FORM OF SELF-EXECUTION
OF PROJECTS
1. The form of self-execution of projects shall
apply only in the following cases where:
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1.2. The investors are fully capable of carrying
out production and/or construction activities suitable to the requirements of
the projects for planting, tending of planted trees, aquaculture (in
agriculture, forestry, aquatic resources or industry), for plant varieties and
domestic animal breeds, field reclamation and building up, or maintenance and
regular repair of construction works and production equipment.
2. When applying the form of self-execution of
projects (self-production, self-construction), the investors shall have to
organize the strict supervision of the production and construction activities,
and be held responsible before law for the quality and prices of products and
construction works.
3. The investors may use their own managerial
apparatus or attached project management boards to manage the project
execution, and shall comply with law provisions on control of quality of
products and construction works.
VI. EXAMINATION, INSPECTION
AND HANDLING OF VIOLATIONS
1. Examination and inspection:
1.1. Construction management bodies of the
ministries, branches and localities shall have to examine the organization of
management of project execution according to the Regulation on Investment and
Construction Management, promulgated together with the Government’s Decree
No.52/1999/ND-CP of July 8, 1999, Decree No.12/2000/ND-CP of May 5, 2000 and
the guidance in this Circular.
1.2. Construction inspectorates of all levels
shall conduct the inspection of violations in the management of project
execution under the competent authorities’ decisions.
The inspection must be conducted in compliance
with the legislation on inspection. Upon the completion of an inspection, there
must be a written conclusion. If any violation is detected, the inspectors
shall have to propose the handling thereof according to law.
2. Handling of violations:
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VII. ORGANIZATION OF
IMPLEMENTATION
1. Effect:
This Circular takes effect 15 days after its
signing and replaces guiding contents on the forms of managing the execution of
investment and construction projects in the Ministry of Construction’s Circular
No.01/2000/TT-BXD of March 1, 2000.
2. Transitional settlement:
2.1. The forms of management of project
execution which have already been decided by the competent authorities
according to Decree No.42/CP of July 16, 1996 and Decree No.92/CP of August 23,
1997 shall continue to be applied according to the provisions of the said two
decrees and the guidance in the Ministry of Construction’s Circular
No.18/BXD-VKT of June 10, 1995 till the completion of projects.
2.2. The form of self-execution of projects
which has already been decided by the competent authorities according to Decree
No.52/1999/ND-CP but remains unimplemented till the effective date of Decree
No.12/2000/ND-CP shall be applied in compliance with the provisions of Decree
No.12/2000/ND-CP and the guidance in this Circular.
2.3. Other forms of project execution management
shall comply with the provisions of the Government’s Decree No.52/1999/ND-CP
and Decree No.12/2000/ND-CP as well as the guidance in this Circular.
3. The ministries, the ministerial-level
agencies, the agencies attached to the Government, the People’s Committees of
the provinces and centrally-run cities, the central bodies of mass
organizations, the State corporations and the concerned organizations and
individuals shall have to organize the project execution management according
to the provisions of the Regulation on Investment and Construction Management,
promulgated together with the Government’s Decree No.52/1999/ND-CP of July 8,
1999 and Decree No.12/2000/ND-CP of May 5, 2000 and the guidance in this
Circular.
Any problems arising in the course of
implementation should be reported to the Ministry of Construction for
consideration and solution.
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MINISTER OF CONSTRUCTION
Nguyen Manh Kiem