THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
83/2009/ND-CP
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Hanoi,
October 15, 2009
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO.
12/2009/ND-CP OF FEBRUARY 12, 2009, ON MANAGEMENT OF WORK CONSTRUCTION
INVESTMENT PROJECTS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the National Assembly's November 26, 2003 Construction Law No. 16/
2003/QH11;
Pursuant to the National Assembly's June 19, 2009 Law No. 38/2009/QH12 Amending
and Supplementing a Number of Articles of the Laws Concerning Capital
Construction Investment;
At the proposal of the Minister of Construction.
DECREES:
Article 1. To amend and
supplement a number of articles of the Government's Decree No. 12/2009/ND-CP of
February 12, 2009, on management of work construction investment projects, as
follows:
1. To supplement Point a,
Clause 3, Article 2 as follows:
"Article 2. Categorization
and state management of work construction investment projects
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a/ For state budget-funded
projects, including component projects, the State shall manage the entire
process of construction investment, from identification of investment policies,
project formulation, investment decision, designing, estimation, contractor
selection, construction to test, take-over and operation or use of works.
Investment deciders shall allocate sufficient capital within 3 years, for
group-C projects, or 5 years, for group-B projects, depending on project
implementation schedules."
2. To amend and supplement
Clause 1, Article 10 as follows:
"Article 10. Competence to
evaluate work construction investment projects
1. Investment deciders shall
evaluate projects before approving them. In charge of project evaluation are
specialized units under investment-deciding authorities. Project evaluation
units shall send project dossiers to line agencies, construction state management
agencies and other concerned agencies for evaluation. Investment deciders may
hire consultants to verify several or all of the contents specified in Clauses
1. 2 and 3, Article 11 of this Decree.
From the date of receipt of
project dossiers, concerned agencies shall examine them within:
- 45 working days, for national
important projects;
- 20 working days, for group-A
projects;
- 15 working days, for group-B
projects;
- 10 working days, for group-C
projects.
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Before approving work
construction investment projects within urban centers which are approved by
competent state agencies, investment deciders shall seek opinions of these
agencies on the projects" basic designs. For other projects, investment
deciders may decide to seek opinions on their basic designs when necessary.
Project evaluation units shall
send project dossiers to specialized construction work-managing agencies
defined in Clause 6 of this Article for opinion on basic designs. Agencies
giving opinions on basic designs will enjoy 25% of the project evaluation
charge. The Ministry of Finance shall promulgate a document guiding this
provision.
Persons decentralized or
authorized to make investment decision shall evaluate projects already
decentralized or authorized for investment decision."
3. To amend and supplement
Clauses 1 and 2, Article 14 as follows:
"Article 14. Adjustment of
work construction investment projects
1. A work construction
investment project with state capital accounting for 30% or more of its funding
may be adjusted in any of the following cases:
a/ It is affected by natural
disaster, such as earthquake, storm, flood, tsunami, fire, enemy sabotage or
another force majeure event;
b/ There arise elements which
bring about higher efficiency for the project;
c/ Changes in the construction
planning directly affect the project's location, size or objective."
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In case project adjustments do
not conform to branch or construction plannings approved by competent state
management agencies, opinions of these agencies must be collected."
4. To amend and supplement
Article 15 as follows:
"Article 15. Contests to
select architectural designs of construction works
1. Large public works subject to
specific architectural requirements for which investment deciders shall decide
on holding contests to select architectural designs include:
a/ Public works of grade I or
special grade:
b/ Works subject to specific
architectural requirements, including:
- Symbolic works, typical works,
works built in locations directly affecting urban appearance or architectural
landscape, or works subject to specific requirements, such as international border
gates, monuments, radio and television broadcasting centers, central railway
stations and airports;
- Works subject to solemn
architectural requirements and symbolizing power, such as working offices of
Party and State agencies and administrative-political centers of provincial or
higher level:
- Traffic works within urban
centers subject to high aesthetic requirements;
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2. In addition to the works
specified in Clause 1 of this Article, investors shall themselves decide on
holding contests to select architectural designs of other works.
3. Expenses for contests to
select architectural designs of works shall be included in projects' total
investment.
4. Authors of selected
architectural designs will have their author rights protected and will, if
being fully capable as prescribed, be prioritized to negotiate and sign
contracts for formulating work construction investment projects and making
construction designs. If incapable of doing so, they may enter into
partnerships with capable designing consultancy organizations in order to
negotiate and sign contracts with investors.
If authors of selected
architectural designs refuse to formulate work construction investment projects
or to make construction designs, investors may select other contractors in
accordance with law."
5. To amend and supplement
Clause 3, Article 20 as follows:
"Article 20. Dossiers of
application for permits for construction of urban works or houses
3. The design drawing displaying
the locations of the level ground and main cross-sections and vertical
sections; the work's foundation ground and cross-sections; a plan on the
locations or lines of works (for works built in lines); a plan on electricity
and water supply and rainwater and wastewater drainage systems and their
technical connection points. Particularly for repair or renovation works
requiring construction permits, photos of the works' present conditions are
required."
6. To amend and supplement
Clause 1, Article 23 as follows:
"Article 23. Competence to
grant construction permits
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7. To amend and supplement
Point a, Clause 2, and Clause 4, Article 36 as follows:
"Article 36. General
provisions on capability conditions of organizations and individuals
2. Organizations and individuals
must fully meet capability conditions for carrying out the following
activities:
a/ Formulation and evaluation of
work construction investment projects: construction valuation:
4. Holders of the title of
manager or person in charge of construction plan design; manager or person in
charge of construction design; construction survey manager; or construction
supervisor must possess practicing certificates as required. To join in project
management, individuals must possess certificates of professional
qualifications in the management of work construction investment
projects."
8. To add the following
Clause 5 to Article 57:
"Article 57. Organization
of implementation
5. The Ministry of Planning and
Investment shall guide capability conditions of organizations and individuals
for evaluating work construction investment projects."
9. To annul Article 4,
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1. This Decree takes effect on
December 1, 2009.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung