THE
PRIME MINISTER
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.
02/2008/QD-TTg
|
Hanoi,
January 7, 2008
|
DECISION
PROMULGATING
THE REGULATION ON MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS OF
FOREIGN-BASED VIETNAMESE REPRESENTATIVE MISSIONS AND OTHER AGENCIES
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Construction Law;
At the proposal of the Minister of Foreign Affairs,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation on management of construction
investment projects of foreign-based Vietnamese representative missions and
other agencies.
Article 2. This Decision
takes effect 15 days after its publication in CONG BAO. All previous
regulations which are contrary to the Regulation promulgated together with this
Decision are annulled.
Article 3. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies, and
concerned organizations and individuals shall implement this Decision.
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PRIME
MINISTER
Nguyen Tan Dung
REGULATION
ON
MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS OF FOREIGN-BASED VIETNAMESE
REPRESENTATIVE MISSIONS AND OTHER AGENCIES
(Promulgated together with the Prime Ministers Decision No. 02/2008/QD-TTg
of January 7, 2008)
Article 1. Scope and
objects of regulation
1. Scope: State budget-funded
investment activities of foreign-based Vietnamese representative missions and
other agencies.
2. Objects: State budget-funded
or state budget-originated investment projects on construction, renovation or
upgrade of existing working offices; or on purchase of houses or land for the
construction of working offices or dwelling houses for staff members (below
collectively referred to as investment projects on construction of working
offices).
Article 2. Management
principles
1. Investment projects on
construction of working offices of foreign-based Vietnamese representative
missions and other agencies must comply with this Regulation and Vietnams
relevant legal provisions;
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2. For investment projects on
construction of working offices of other foreign-based Vietnamese agencies, the
Foreign Affairs Ministrys written opinions on their
investment guidelines are required before consultation with concerned
ministries, ministerial-level agencies, government-attached agencies or other
central agencies.
Article 3. Interpretation
of terms
In this Regulation, the terms
below are construed as follows:
1. Foreign-based representative
missions of the Socialist Republic of Vietnam include diplomatic missions,
permanent missions at inter-governmental international organizations and
consulates. Representative missions shall perform the function of representing
the Vietnamese State in relations with host countries and international
organizations within the ambit of their tasks and powers prescribed by law.
2. Other foreign-based
Vietnamese agencies mean foreign-based Vietnamese agencies set up by
ministries, ministerial-level agencies, government-attached agencies or other
central agencies on the basis of agreement with concerned countries, which do
not belong to organizational structures of foreign-based representative
missions of the Socialist Republic of Vietnam.
3. Investors mean foreign-based
representative missions of the Socialist Republic of Vietnam (below referred to
as foreign-based Vietnamese representative missions) and other foreign-based
Vietnamese agencies or their managing agencies, which are assigned to directly
manage and use capital for investment in the construction of works and manage
and use works after investment in accordance with Vietnamese law and laws of
host countries where exist investment projects.
Article 4. Investment
planning
1. Based on the States strategic
orientations and long-term plans on international cooperation relations, the
Ministry of Foreign Affairs, ministries, ministerial-level agencies,
government-attached agencies or other central agencies shall draw up long- and
medium-term (five-year) plans on investment in construction of working offices
of foreign-based Vietnamese representative missions and other agencies.
Ministries, ministerial-level
agencies, government-attached agencies or other central agencies long- and
medium-term plans on investment in construction of working offices are
classified into the following two kinds:
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b/ Sections within foreign-based
Vietnamese representative missions with investment managed by the Ministry of
Foreign Affairs.
2. The-Ministry of Foreign
Affairs shall assume the prime responsibility for, and coordinate with the
Ministry of Planning and Investment and the Ministry of Finance in, summing up
long- and medium-term plans on investment in construction of working offices of
foreign-based Vietnamese representative missions and other agencies, and submit
them to the Prime Minister for approval.
3. Based on the Prime
Minister-approved long- and medium-term plans on investment in construction of
working offices of foreign-based Vietnamese representative missions and other
agencies, ministries, ministerial-level agencies, government-attached agencies
or other central agencies shall draw up annual plans on investment in
construction of working offices according to their competence and current legal
provisions
Article 5. Project
formulation, evaluation and approval
1. Project formulation:
a/ Investment
project-formulating investors shall fully comply with current legal provisions
on the formulation, evaluation and approval of construction investment
projects, taking into account opinions of competent bodies of host countries
where exist the investment projects on construction location, house purchase/sale
or construction prices and other issues relating to the projects.
b/ A dossier submitted for
evaluation comprises both explanations and basic design. For house/ land
purchase projects under an investment project, a dossier submitted for evaluation
and approval comprises only explanations.
2. Project evaluation and
approval:
a/ For investment projects
capitalized at USD 10 million or more each: ministries, ministerial-level
agencies, government-attached agencies or other central agencies having investment
projects on construction of working offices of foreign-based Vietnamese
representative missions or other agencies shall assume the prime responsibility
for evaluation and submit them to the Prime Minister for investment decision;
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c/ The Ministry of Foreign
Affairs shall, according to its competence, evaluate, and decide on investment
in, projects of foreign-based Vietnamese representative missions and other agencies
under its management;
d/ Ministries, ministerial-level
agencies, government-attached agencies and other central agencies shall,
according to its competence, evaluate and decide on investment in, projects of
other foreign-based Vietnamese agencies under their respective management;
e/ Investment projects related
to the purchase of houses or land for use as working offices of foreign-based
Vietnamese representative missions or other agencies shall be approved after
the in-principle agreement is reached between the investor and the seller on
the house/ land purchase and sale or the tentative house/ land purchase (sale)
price. The total investment capital of a project shall accurately be determined
on the basis of the house/land purchase (sale) price indicated in the contract
officially signed between the investor and the seller. The investor shall sign
the house/land purchase/sale contract once the investment project is approved
by a competent authority.
3. Necessary procedures may be
finalized for projects which satisfy investment conditions for execution right
in the year.
Article 6. Design, cost
estimation, land allocation and construction permit
1. Design:
a/ Construction investment
projects must comply with the following designing steps: for projects
capitalized at USD 10 million or more each, the designing steps include basic
design, technical design and construction drawing design: for investment
projects capitalized at under USD 10 million each, the designing steps include
basic design and construction drawing design;
b/ The construction design must
comply with the States construction standards and construction technical
regulations, except for cases subject to application of construction standards
and construction technical regulations of the host country where exists the
investment project;
c/ Construction design
organizations (including Vietnam-based ones) are subject to author supervision
throughout the construction process;
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2. Cost estimation:
a/ The making, approval and
management of cost estimates and total cost estimates comply with the law on
management of work construction investment expenses. Particularly, estimate
norms and unit prices must comply with regulations of host countries where
exist investment projects;
b/ For house/land purchase
projects: cost estimates and total cost estimates are not required; their
management shall be based on the approved total investment capital and signed
house/land purchase contracts.
3. Land allocation and
construction permit application:
Matters related to land purchase
or lease and construction permit application comply with regulations of host
countries where exist investment projects.
4. Handling of arising problems:
In the course of construction,
the investor shall, when necessary, consider and decide on adjustment of the
design or cost estimate not resulting in changes in the scale of an approved
work. When it is necessary to adjust the design or cost estimate resulting in
changes in the scale or objectives, and the increase in the total investment
capital, of an approved project, the investor shall report it to the investment
decider for decision.
Article 7. Selection of
construction contractors
For construction investment
projects, the selection of construction contractors complies with Vietnamese
current law and laws of host countries where exist investment projects.
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a/ Work construction management
covers management of construction quality, management of construction progress,
management of work construction volumes, management of labor safety at
construction sites, and management of construction environment;
b/ Investors shall directly
manage the construction; incapable investors may sign contracts to hire others
to do some or all jobs of construction management.
Article 9. Investment
capital payment and settlement
1. Payment:
a/ For investment projects on
house/land purchase: Capital shall be paid under contractual terms and
Vietnamese law;
b/ For construction investment
projects: Capital advance and payment must comply with Vietnamese law and laws
of host countries where exist investment projects. Payment terms must be
specified in the contract between the investor, the construction contractor and
the equipment supplier;
c/ In ease of foreign currency
payment, the investor shall purchase from a bank, or request in writing the
Ministry of Finance to supply, foreign currencies for payment.
2. Settlement:
Upon completion of a
construction investment project or upon house/land purchase, investment capital
for the completed project must be settled under the guidance of the Ministry of
Finance.
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1. The Ministry of Foreign
Affairs, ministries, ministerial-level agencies, government-attached agencies
and other central agencies having other foreign-based Vietnamese agencies:
a/ To manage construction
investment projects under their competence according to this Regulation and
relevant legal provisions;
b/ The Ministry of Foreign
Affairs shall manage construction investment activities of foreign-based
Vietnamese representative missions;
c/ Ministries, ministerial-level
agencies, government-attached agencies and other central agencies shall manage
construction investment activities of other foreign-based Vietnamese agencies;
d/ To monitor, inspect, review,
and guide investors under their management in, the execution of investment
projects according to current regulations.
2. The Ministry of Foreign
Affairs shall assume the prime responsibility for, and coordinate with the
Ministries of Planning and Investment; Finance; and Construction in, guiding
the implementation of the Regulation on management of construction investment
projects of foreign-based Vietnamese representative missions and other
agencies.
3. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with concerned ministries
in, guiding the payment and settlement of investment capital of construction
investment projects of foreign-based Vietnamese representative missions and
other agencies.
Article 11. Organization
of implementation
Annually, ministries,
ministerial-level agencies, government-attached agencies and other central
agencies having construction investment projects of other foreign-based
Vietnamese agencies shall report on the implementation of this Regulation to
the Ministry of Foreign Affairs for sum-up report to the Prime Minister.
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PRIME
MINISTER
Nguyen Tan Dung