THE PRIME
MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 211/2003/QD-TTg
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Hanoi, October
14, 2003
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DECISION
ON SETTING UP THE STATE COUNCIL
FOR PRE-ACCEPTANCE TEST OF CONSTRUCTION WORKS
THE PRIME MINISTER
Pursuant to the Law
on Organization of the Government of December 25, 2001;
Pursuant to the Government's Decree No. 07/2003/ND-CP of January 30, 2003
amending and supplementing a number of articles of the Regulation on
Construction and Investment Management, issued 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;
At the proposal of the Minister of Construction on setting up the State Council
for Pre-Acceptance Test of Construction Works (Report No. 37/TTr-BXD of May 27,
2003),
DECIDES:
Article 1.- To
set up the State Council for Pre-Acceptance Test of Construction Works
(hereinafter called the State Pre-Acceptance Test Council) with the following
contents:
I. TASKS
1. To inspect and
consider the work of pre-acceptance tests by investors (referred collectively
to as to inspect) and directly conduct pre-acceptance tests of works under
group-A projects, national important projects when deeming it necessary and
other works at the Prime Minister's request.
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3. To promulgate the
Working Regulation of the State Pre-Acceptance Test Council, suitable to its
assigned tasks. To report regularly or irregularly to the Prime Minister on the
quality of works, violations and handling measures.
II. POWERS
1. In the course of
inspection, if detecting serious violations which affect the quality of works,
the State Pre-Acceptance Test Council may issue decisions to suspend the
construction and request investors and contractors to apply remedial measures.
In extremely serious cases, to report and propose remedial measures to the
Prime Minister for decision.
2. The State
Pre-Acceptance Test Council may request investors to organize the management of
construction works' quality according to regulations and report thereon to the
State Pre-Acceptance Test Council for the Council to consider, evaluate and
draw conclusions on, the quality of works, make minutes on the overall
pre-acceptance test of finished works and permit the hand-over thereof for
exploitation and use.
3. The State
Pre-Acceptance Test Council may suspend the pre-acceptance test in cases where
the works are unqualified for use or production, and the legal and technical
dossiers thereon are inadequate.
III.
RESPONSIBILITIES
The State
Pre-Acceptance Test Council shall bear responsibility before the Prime Minister
and law for its decisions and conclusions on construction works' quality.
IV. ORGANIZATIONAL
STRUCTURE
1. The Council's
Chairman: The Minister of Construction
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- A vice minister of
Construction;
- A vice minister of
Science and Technology;
- A vice minister of
the ministry, a deputy head of the branch or a vice president of the People's
Committee of the province or centrally-run city having projects;
- Chairman of the
Management Board of Corporation having construction works or a member of the
Steering Committee for national important works.
3. The Council's
members:
- The director of the
Department for State Expertise of Construction Works' Quality, the Ministry of
Construction (called the Expertise Department- the Ministry of Construction for
short);
- The heads of
professional bodies (various departments) with the function of managing
construction work of the ministries or branches having projects;
- The directors of the
Construction Services of the provinces or centrally-run cities having projects;
- Depending on the
nature of each work, the Council's Chairman may decide to invite leaders of the
concerned professional agencies or specialists to participate in the Council.
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4. The Council's
Chairman shall use the organizational structure and seal of the Ministry of
Construction in service of the Council's operation. The Expertise
Department-the Ministry of Construction shall act as the standing body
assisting the Council.
Article 2.-
Annually, the Ministry of Finance shall apportion and allocate funding for
regular activities of the Council and include such funding in administrative
and non-business expenditure estimate of the Ministry of Construction. For
projects with pre-acceptance test being conducted directly by the Council, it
is permitted to use the investment projects' funding and calculate such funding
into item "other expenses" in the total cost estimates of
construction works according to current regulations.
Article 3.-
The State Council for Pre-Acceptance Test of Construction Works which has been
set up and is operating under previous decisions shall have to transfer and
transit its operation in accordance with the provisions of this Decision.
Article 4.- The
Chairman of the State Council for Pre-Acceptance Test of Construction Works,
the ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the provincial/municipal
People's Committees, the chairmen of the management boards of Corporations
having projects and concerned organizations and individuals shall have to
implement this Decision.
This Decision takes
effect 15 days after its publication in the Official Gazette.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung