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THE MINISTRY OF
TRANSPORT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
59/2007/QD-BGTVT
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Hanoi, November 22,
2007
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DECISION
PROMULGATING
THE REGULATION ON MANAGEMENT DECEN-TRALIZATION AND AUTHORIZATION OF STATE
BUDGET-FUNDED WORK CONSTRUC-TION INVESTMENT PROJECTS MANAGED BY THE MINISTRY OF
TRANSPORT
THE MINISTER OF TRANSPORT
Pursuant to Construction Law No.
16/2003/QH11 of November 26, 2003 and December 25, 2001 Law on Organization of
the Government;
Pursuant to Bidding Law No. 61/2005/QH11 of November 29, 2005;
Pursuant to the Governments Decree No. 34/2003/ND-CP of April 4, 2003, defining
the functions, tasks, powers and organizational structure of the Ministry of
Transport;
Pursuant to the Governments Decrees No. 16/ 2005/ND-CP of February 7, 2005, on
management of work construction investment projects; and No. 112/2006/ND-CP of
September 29, 2006, amending and supplementing a number of articles of Decree No.
16/2005/ND-CP;
Pursuant to the Governments Decree No. 209/2004/ND-CP of December 16, 2004, on
management of constmction work quality;
Pursuant to the Governments Decree No. 111/2006/ND-CP of September 29,2006,
guiding the implemen-tation of the Bidding Law and
the selection of construction contractors under the Construction Law:
Pursuant to the Governments Decree No. 131/2006/ND-CP of November 9. 2006.
promulgating the Regulation on management and use of official development
assistance;
Pursuant to the Governments Decree No. 99/2007/ND-CP of June 13, 2007, on
management of work constmction investment expenses;
At the proposal of the Director of the Transport Work Quality Inspection and
Management,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation on management decentralization and
authorization of state budget-funded work construction investment projects
managed by the Ministry of Transport.
Article 2. This Decision
takes effect 15 days after its publication in CONG BAO.
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MINISTER OF
TRANSPORT
Ho Nghia Dung
REGULATION
ON
MANAGEMENT DECEN-TRALIZATION AND AUTHORIZATION OF STATE BLDGET-FLNDED WORK
CONSTRUCTION INVESTMENT PROJECTS MANAGED BY THE MINISTRY OF TRANSPORT
(Promulgated together with the Transport Ministers Decision No.
59/2007/QD-BGTVT of November 22, 2007)
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of
regulation
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2. The management of official
development assistance-funded projects (below referred to as ODA projects for
short) managed by the Ministry of Transport complies with this Regulation and
Vietnamese laws on ODA project management and treaties on ODA to which the
Socialist Republic of Vietnam is a contracting party. When treaties on ODA to
which the Socialist Republic of Vietnam is a contracting party otherwise
provide, those treaties prevail.
Article 2. Subjects of
application
This Regulation applies to units
which are assigned to be project owners, including line management departments,
provincial/municipal Transport Services, provincial/municipal Public Transport
Work Services, provincial/municipal Transport Health Services, training
institutions, institutes, enterprises and agencies, and organizations and
individuals involved in the management of state budget-funded work construction
investment projects managed by the Ministry of Transport.
Chapter 2
INVESTMENT PREPARATION STAGE
Article 3. Competence to
decide on work construction investment
1. The Minister may decide on
investment in:
a/ Group-A and -B projects;
b/ Group-C projects using
development investment funds which apply scientific advances and new
technologies;
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2. The directors of the Vietnam
Aviation Administration, Vietnam National Road Administration, Vietnam Maritime
Administration, Vietnam Railway Administration, Vietnam Inland Waterway
Administration and Vietnam Register shall decide on investment in:
a/ Group-C projects other than
those specified at Points b and c, Clause 1 of this Article;
b/ Works for which only a
technical-economic repon on development investment
fund use is required after getting written agreement of the Planning and
Investment Department;
c/ Projects which use non-business
funds for management and maintenance of works under their line management.
Article 4. Ad justment of investment projects
1. Investment projects shall be
adjusted in accordance with Article 13 of the Governments Decree No.
16/2005/ND-CP of February 7, 2005, on management of work construction
investment projects (below referred to as Decree No. 16/2005/ND-CP for short).
Clause 8, Article 1 of the Governments Decree No. 112/2006/ND-CP of September
29, 2006, amending and supplementing a number of articles of Decree No.
16/2005/ND-CP (below referred to as Decree No. 112/2006/ND-CP for short), and
current regulations.
2. When the adjustment of an
approved project affects its investment scale and objectives, the project owner
shall make a proposal for on-principle adjustment and/or supplementation of
project items; the competent authority shall issue a decision to permit on
principle this adjustment and/or supplementation. The project owner shall
elaborate a project on the adjusted and/or supplemented items and carry out
procedures for appraisal and approval of the adjusted project and subsequent
steps as prescribed for new items of the project.
3. When adjusted and/or
supplemented project items need to be implemented immediately in order not to
affect the project implementation schedule, the project owner shall make a
proposal for on-principle adjustment and/or supplementation of project items
which must stress the urgency of those items and propose their implementation.
The competent authority shall issue a decision on guidelines for adjustment
and/or supplementation of project items which permit the adjusted project
elaboration, selection of design investigation contractors and design
examination to be carried out simultaneously. Based on these guidelines, the
project owner shall conduct design investigation, and appraise and approve the
adjusted project for prompt implementation. At the same time, the project owner
shall elaborate, appraise and submit the adjusted project according to
prescribed procedures to ensure that the technical design be approved right
after the decision approving the project adjustment is issued.
4. When the project adjustment
causes an excess in the projects total investment, after elaborating the adjusted
project in accordance with Clauses 2 and 3 of this Article, the project owner
shall submit the projects adjusted total investment together with the
sub-project or the projects adjusted items for appraisal and approval according
to regulations. The project owner may only approve the bidding packages
adjusted cost-estimate after a decision approving the totai
investment adjustment is issued.
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INVESTMENT IMPLEMENTATION
STAGE
Article 5. Selection of
contractors in construction activities
1. The selection of contractors in
construction activities complies with the Construction Law, the Bidding Law,
the Governments Decree No. 111/2006/ND-CP of September 9, 2006. guiding the
implementation of the Bidding Law and the selection of construction contractors
under the Construction Law - below referred to as Decree No. 111/2006/ND-CP for
short), and current regulations.
2. All steps of the bidding process
for projects in which investment is decided under the Ministrys
decentralization mechanism shall be appraised and approved by the authorities
deciding on their investment.
3. For projects in which investment
is decided by the Ministry, the Minister shall authorize project owners to
appraise and approve bidding invitation dossiers and contractor selection results
for all bidding packages of Group-B and -C projects.
Article 6. Adjustment of
approved designs
1. When adjusting the approved
design of a project without affecting its investment objectives and scale and
causing an excess in its total investment, the project owner shall organize the
elaboration, appraisal and approval of the adjusted design.
The project owner shall make
regular updates on financial-technical changes and adjustments to ensure that
arising adjustments and supplements do not cause an excess in the projects
total investment.
2. When adjusting the design of a
project without affecting its investment objectives and scale, but causing an
excess in its total investment, the project owner shall promptly carry out
prescribed procedures for adjusting the total investment to be submitted for
approval.
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Article 7. Adjustment of
cost estimates
1. The cost estimate of a project
shall be adjusted under Article 11 of the Governments Decree No. 99/2007/ND-CP
of June 13, 2007, on management of work construction investment expenses (below
referred 10 us Decree No. 99/2007/ND-CP for short).
2. When adjusting the projects cost
estimate without causing an excess in its total investment, the project owner
shall organize the appraisal and approval of the adjusted cost estimate
according to prescribed procedures. The project owner shall make regular
updates to ensure that arising adjustments and supplements do not cause an
excess in the projects total investment.
3. When the adjustment of the cost
estimate of a project causes an excess in its total investment, after
elaborating the total adjusted investment, the project owner shall submit it to
the authority competent to approve the total adjusted investment as a basis for
appraising and approving the cost estimate adjustment according to regulations.
The project owner may only approve the adjusted cost estimate after a decision
approving the total investment adjustment is issued.
The project owner shall request the
competent authoritys temporary approval of the
adjusted cost estimate when it is necessary to carry out payment procedures.
Article 8. Management of
construction work implementation and quality
1. Project owners shall manage the
implementation and quality of construction works under Articles 30, 31, 32, 33
and 34 of the Governments Decrees No. 16/2005/ND-CP and No. 209/2004/ND-CP of
December 16, 2004, on management of construction work quality.
2. The Minister may assign the
Transport Work Inspection and Management Department (below referred to as the
Inspection Department) to examine the management of construction work implemen-tation and quality for work construction
investment projects managed by the Ministry of Transport. When detecting
suspected work construction quality, the Inspection Department shall request
project owners to examine work quality according to required plans and
guidelines.
3. The Minister may assign project
owners to directly work with the State Appraisal Council, State Acceptance
Council, other councils, and inspection, examination and audit agencies on
projects subject to examination and supervision of the above agencies.
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1. Project owners shall comply with
the provisions on management of construction investment expenses of Articles 38
thru 43 of Decree No. 16/2005/ND-CP, Clause 14, Article 1 of Decree No.
112/2006/ ND-CP, Decree No. 99/2007/ND-CP, and current regulations.
2. Project owners shall manage
expenses and make disbursement and final settlement for projects, manage assets
during project implementation and collect them after the project completion.
The Minister may assign the Finance
Department to examine the management of assets during the project
implementation and the collection of assets after the project completion.
3. Authorities competent to decide
on investment shall appraise and approve the final settlement of investment
capital of completed work construction projects and are responsible for their
decisions.
For Group-B and -C projects in
which investment is decided by the Ministry, the Minister may assign the
Finance Department to propose the Ministrys immediate
subordinate agencies to be authorized or decentralized to approve the final
settlement of completed projects.
Chapter 4
ORGANIZATION OF
IMPLEMENTATION
Article 10. Organization of
implementation
1. In the course of project
implementation, concerned organizations and individuals shall comply with
current regulations of the State, regulations of the Ministry of Transport and
this Regulation.
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3. In the course of implementation,
agencies and units should submit written reports on arising problems to the
Ministry of Transport for consideration, guidance and appropriate amendment or
supplementation.