|
THE PRIME MINISTER OF GOVERNMENT
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
No:
92-TTg
|
Hanoi,
March 07, 1994
|
DECISION
ON STRENGTHENING MANAGEMENT AND THE FIGHT
AGAINST WASTEFULNESS, LOSSES AND NEGATIVE DEEDS IN INVESTMENT AND CONSTRUCTION
THE PRIME MINISTER
Pursuant to the Law on Organization of the Government on the 30th of
September, 1992;
Pursuant to the Resolution of the National Assembly of the Socialist Republic
of Vietnam, 9th Legislature, 4th Session, on the practice of thrift and the
fight against wastefulness, corruption and smuggling;
Pursuant to the Resolution of the meeting on the 5th of January, 1994 of the
Government;
At the proposal of the Minister-Chairman of the State Planning Committee and
the Minister of Construction.
DECIDES:
Article 1.- All investment works and projects must strictly
comply with the order of capital construction already stipulated in the Statute
on the Management of Capital Construction issued along with Decree No.385-HDBT
on the 7th of November, 1990. Eligible for registration in the plan and
allocation of construction capital are only those projects having the necessary
dossier on the economic and technical feasibility study (or the economic and
technical report), the dossier on technical design and the total estimate of
expenditures already approved according to prescribed modalities. In special
cases on urgency when there is no time to complete the procedures as prescribed
above, permission by the Prime Minister is mandatory.
With regard to projects handed
over from the earlier period, the ministries and localities must check again
the design, the total estimate of expenditures, the volume of construction and
assembly already achieved up to the end of 1993 and the bidding contracts
already signed. If the expenditures have exceeded the approved capital,
construction should be temporarily suspended so that readjustments or additions
could be made to the economic and technical feasibility study or the technical
design and to the total estimate of expenditures for re-approval by the higher
level and re-registration of the plan and new allocation of fund. The
managerial board of the project and the construction and assembly businesses
shall only effect a volume of work within the limit of the investment plan. The
bank loan interest shall not be defrayed if it is accrued through the delay in
payment.
Article 2.- When examining and
approving the economic and technical feasibility study (or the economic and
technical report) and the total investment, the technical design and the total
estimate of expenditures, the total investment and the total estimate of
expenditures shall be calculated on the basis of the prices at the time of the
examination and approval. In case the total estimate of expenditures exceeds
the total investment by 10% (ten percent), this estimate must be approved by
the office authorized to approve the economic and technical feasibility study.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 3.- The investment in the
construction of non-productive projects in the State sector must strictly abide
by Decision No.75-CT of the Chairman of the Council of Ministers (now Prime
Minister) on the 27th of March, 1991, especially with regard to office houses,
guest houses, meeting halls and rest-houses of different levels, services and
mass organizations at the center and in the localities. The State Planning
Committee and the Ministry of Construction are charged with inspecting the
implementation of Decision No. 75-CT in 1993 including within the State
businesses and reporting the result to the Prime Minister, as well as the new
projects to be included in 1994 plan.
Article 4.- The new investment
projects or major transformation or repairs using the funds for economic works
or non-productive works (such as the infrastructures of Program 327, Program
for the elimination of the Third Shift in general education schools, the
grassroots medical establishments, restoration or repairs of roads and bridges,
family planning...) must all be registered in the investment plan and carried
out according to the Statute on the Management of Capital Construction. The
ministries and localities which have projects requiring funds for
non-productive works must reorganize the management and enhance the supervision
of the use of this fund as is the case with the investment capital for capital
construction. The State Planning Committee and the Ministry of Finance are
charged with providing concrete and close guidance in the planning and fund
allocation for these projects when they officially assign the targets under the
State plan for 1994.
Article 5.- With regard to the
projects funded by foreign Official Development Aid (ODA), the State Planning
Committee shall, together with the Ministry of Construction, provide guidance
for the concretization of proceedings stipulated in the Statute on Management
of Capital Construction and the Regulations on the Allocation of Fund and
Payment for the Projects before the 31st of March, 1994.
Article 6.- The projects which
start construction in 1994 must observe the regime of bidding or selection of
contractor who must be a construction and assembly unit having the legal status
in the construction business.
With regard to the projects
which are handed over from the earlier period and which included installations
which have just started construction, these installations must also abide by
the regime of bidding and selection of contractor.
It is strictly forbidden to
haphazardly assign the construction to a contractor outside the regulations.
The assigner of the plan and the allocator of fund, land or construction permit
must not arbitrarily designate a contracting unit. It is forbidden for the
assigner and the contractor to collude and falsify the volume of construction.
When a project has been
contracted, the Ministry of Finance, the State Bank and the State Planning
Committee have the responsibility to ensure and adequately procure the fund.
The Ministry of Construction has the responsibility to guide and inspect the
process of bidding and the selection of the contractor for construction in
various services and localities.
Article 7.- The Ministry of
Finance shall transfer the budgetary fund for investment in construction to the
Bank for Investment and Development in order to allocate funds according to the
Statute on Management of Capital Construction except in special cases allowed
by the Prime Minister.
Article 8.- The State offices and
businesses are not allowed to use on their own initiative the unlawful sources
of funds to invest in construction. It is strictly forbidden to sell land or
assign the right to use land allocated by the State in the guise of joint
venture or cooperation which are in fact the sale of State land to profit by
the price disparity.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 9.- Within the third
quarter of 1994, the administration of major cities (Hanoi, Ho Chi Minh City,
Da Nang, Hai Phong, Vung Tau) shall have to make public their detailed
construction plan down to each street and in the whole city so that the
population may know, carry out and inspect the implementation.
Article 10.- The Ministry of
Construction has the responsibility to revise the mechanism for calculating the
construction prices, revise the economic and technical norms in construction,
and readjust immediately those unreasonable norms and expenditures; to direct,
guide and inspect the services and localities in the establishment of project
and local unit prices, and draw up the estimates of expenditures for each
construction project. The important unit prices must be agreed upon by all the
branches concerned, e.g. construction, pricing, finance and planning.
Each ministry and each locality
must have a service specializing in capital construction to carry out regular
supervision and inspection, to monitor the situation of implementation, take
part in the process of testing on completion and making the final account
statement of the project so as to ensure that the projects meet all the
requirements in capacity, quality, tempo of construction and construction cost
already listed in the approved economic feasibility study.
Article 11.- Councils for the
final account statement of construction projects shall be set up under the
chairmanship of the Ministry of Finance and composed of the pricing,
construction and planning services with regard to the projects financed by the
central budget, and composed of the Financial Service and concerned services
with regard to the projects financed by the local budgets. Only after the final
account statement is passed shall all the construction fund of the projects be
disbursed.
Article 12.- The ministries,
offices of ministerial level, provinces and cities directly under the Central
Government must conduct monthly briefings on capital construction in order to
solve questions related to the implementation of the investment capital,
inspect the use of the investment capital to report to the higher level and to
submit to the higher level proposals for settlement.
The State Planning Committee,
together with the Ministry of Construction and the Ministry of Finance, the
State Bank and the concerned ministries, must conduct regular briefings on
capital construction in order to solve questions of a general character, ensure
the building tempo of the key State projects, and report and submit proposals
to the Government on the settlement of questions beyond the inter-ministry
authority. The ministries and the localities must conduct an inspection and
revision of the project managerial boards and quickly replace the managerial
cadres of the investing party who are not professionally or managerially
qualified in investment and construction in order to perfect the apparatus of
the project managerial board qualified in management and operation. The
Ministry of Construction shall directly guide the construction consultancy
organizations capable of helping the investors manage the construction of the
projects through the implementation of the economic contract.
Article 13.- The ministries and
the localities must review the implementation of the capital construction
investment program for 1993, expeditiously settle the violations already
detected (including detections and protests by the Supreme People's
Inspectorate and the inspection bodies at various levels) and submit a report
to the Prime Minister within the first quarter of 1994.
Article 14.- In execution of the
requirements of the Resolution of the National Assembly (9th Legislature, 4th
Session) on the practice of thrift and the fight against wastefulness,
corruption and smuggling, the ministries and localities, besides organizing the
close supervision of the investment in capital construction already stipulated
in Article 8, must take all possible concrete measures to economize the
investment capital and ensure a minimum economization of 7% (seven percent) of
the capital, thus creating conditions to ensure full implementation of the
investment program for the whole of 1994.
Article 15.- The Ministry of
Construction is assigned the task of assuming the main role in studying and
drafting, in collaboration with the State Planning Committee, the Ministry of
Finance and the concerned agencies, the Statute on Management of Investment and
Construction in replacement of the current Statute together with other
accompanying documents in conformity with the new mechanism and submit it to
the Government within the second quarter of 1994.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
THE
PRIME MINISTER
Vo Van Kiet