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THE MINISTRY OF
CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 02/2008/QD-BXD
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Hanoi, February
20, 2008
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DECISION
PROMULGATING THE REGULATION ON MANAGEMENT OF
INFORMATION ON CAPABILITIES OF ORGANIZATIONS ENGAGED IN CONSTRUCTION ACTIVITIES
THROUGH THE CONSTRUCTION MINISTRYS WEBSITE
THE MINISTER OF CONSTRUCTION
Pursuant to Construction Law
No. 16/2003/QH11 of November 26, 2003;
Pursuant to the Governments Decree No. 17/2008/ND-CP of February 4, 200S,
defining the functions, tasks, powers and organizational structure of the
Ministry of Construction;
Pursuant to the Governments Decree No. 16/2005/ND-CP of February 7, 2005, on
the management of investment projects on construction of works;
Pursuant to the Governments Decree No. 112/2006/ND-CP of September 29, 2006,
amending and supplementing a number of articles of the Governments Decree No.
16/2005/ND-CP of February 7, 2005, on the management of investment projects on
construction of works;
At the proposal of the director of the Construction and Installation
Department;
DECIDES:
Article 1.
To promulgate together with this Decision the Regulation on management of
information on capabilities of organizations engaged in construction activities
through the Construction Ministrys website.
Article 2.
This Decision takes effect 15 days after its publication in CONG BAO.
Article 3.
Organizations engaged in construction activities and concerned agencies,
organizations and individuals shall implement this Decision.
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FOR THE MINISTER
OF CONSTRUCTION
VICE MINISTER
Cao Lai Quang
REGULATION
ON MANAGEMENT OF INFORMATION OF CAPABILITIES OF
ORGANIZATIONS ENGAGED IN CONSTRUCTION ACTIVITIES THROUGH THE CONSTRUCTION
.MINISTRYS WEBSITE
(Promulgated together with the Construction Ministers Decision No.
02/2008/QD-BXD of Febmaiy 20, 2008)
Chapter 1
GENERAL PROVISIONS
Article 1.
Objectives
The promulgation of this
Regulation aims:
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2. To help investors and
concerned agencies obtain information on capabilities of domestic and foreign
organizations and individuals engaged in construction activities in Vietnam.
3. To help organizations engaged
in construction activities disseminate information on their capabilities and
activities toward an open and transparent construction market.
4. To help state management
agencies obtain grounds for evaluating and grading construction capabilities of
organizations and, at the same time, to supervise construction activities of
organizations so as to propose mechanisms and policies to boost the development
and improvement of capabilities of organizations engaged in construction
activities.
Article 2.
Scope and subjects of application
This Regulation provides for the
supply, exploitation and management of the system of information on
capabilities and activities of domestic and foreign organizations engaged in
construction consultancy and construction in Vietnam through the Construction
Ministrys website.
Chapter 2
INFORMATION ON
CONSTRUCTION CAPABILITIES
Article 3.
Principles on the supply and management of information on construction
capabilities and activities
1. Organizations directly
engaged in construction activities in Vietnam shall register information
relating to their construction activities according to Articles 4 and 5 of this
Regulation.
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a/ Enterprises which have made
business registration for construction consultancy or construction in
accordance with the law on enterprises;
b/ Other organizations such as
cooperatives, research institutes, professional schools and centers which are
lawfully set up and have the function of doing independent business in the
domain of construction consultancy and construction.
2. Information supplied by
organizations engaged in construction activities means information directly
relating to construction consultancy and construction activities conducted by
these organizations.
3. Information on construction
organizations published on the Construction Ministrys website constitutes one
of the grounds for investors to make reference about contractors capabilities
and experience in the course of selecting contractors to perform construction
consultancy and construction bidding packages.
4. All organizations and
individuals may search for, and get free access to, information on the
Construction Ministrys website to serve the selection of contractors, the
setting up of joint ventures and the signing of business cooperation contracts
for the performance of construction consultancy or construction works as well
as their management activities.
Article 4.
Information supplied by a construction consultancy organization
1. Name of the organization:
2. Address of the head-office:
.... Telephone number:... Fax number:... Website:
3. Address of the representative
office or branch (if any):
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5. Business registration
certificate No.... dated ....... granted by:
6. Construction consultancy
domains (survey, project formulation, design, project management, supervision
consultancy and quality evaluation):
7. Financial figures (in the
last three years):
a/ Charter capital:
b/ Tumover of each construction
consultancy activity (survey, project formulation, design, project management,
supervision consultancy and quality evaluation)
8. The number of the
organizations employees (including those who sign labor contracts of a definite
term) directly engaged in construction consultancy activities:
- Total number of employees:
Of whom:
+ The number of persons who
possess postgraduate degree:
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+The number of persons who
possess collegial or intermediate degree:
The number and experience of
managers:
9. Quality management systems:
10. Typical works partially or
wholly designed by the organization in the capacity as general contractor or
principal contractor in the last 10 years. For each type of works, to list at
most three works with the following details:
- Name of the work:
- Scope of the work:
- Construction site:
- Investor:
11. Works under construction:
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13. Awarded works: (at most
three works for each type):
14. Violations in construction
consultancy activities:
Article 5.
Information supplied by a construction organization
1. Name of the organization:
2. Address of the head-office:
.... Telephone number:... Fax number ... Website:
3. Address of the representative
office or branch (if any):
4. Establishment decision No
...... dated ...... granted by:
5. Business registration
certificate No.... dated granted by:
6. Construction domains
(consuiiction of civil, industrial, traffic, irrigation or technical
infrastructure works):
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a/ Charter capital:
b/ Turnover of each construction
domain (construction of civil, industrial, traffic, irrigation of technical
infrastructure works):
c/Profits:
8. The number of the
organizations employees (including those who sign labor contracts of a definite
term) performing tasks directly related to construction activities:
- Total number of employees:
Of whom:
+ The number and experience of
construction site-chief commander:
+ The number of those who
possess university or higher degree:
+ The number of those who
possess collegial or intermediate degree:
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9. Special-use construction
machines and equipment owned by the organization:
10. Quality management systems:
11. Typical works, clearly
staling works already built by the organization in the capacity as principal
contractor, sub-contractor or general contractor in the last 10 years. For each
type, to list at most three works with the following details:
- Name of the work:
- Scope of the work:
- Construction site:
- Construction time:
- Investor:
12. Works under construction:
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14. Awarded works (at most three
works for each type):
15. Violations in construction
activities:
Article 6.
Supply and publication of information
1. Supply of information:
a/ When supplying information
for publishing on the Construction Ministrys website, heads of organizations
engaged in construction activities specified at Points a and b, Clause 1,
Article 3 of this Regulation must assure the truthfulness and accuracy of such
information and clearly state their names and titles as well as the addresses
of their organizations head-offices.
b/ Professional associations,
organizations and individuals are encouraged to report to the Construction
Ministry inaccurate information supplied by organizations engaged in
construction activities and published on the Construction Ministrys website.
c/ Information is supplied in
the following forms:
- Sending documents by postal
services or directly.
- Other forms: Direct
access/through e-mail/ fax/by post.
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- The Construction and
Installation Department - the Construction Ministry: 37 Le Dai Hanh, Hanoi
- Fax: 04-9762153
- E-mail: xaylap@moc.gov.vn
- Website:
http://doanhnghiep.xaydung.gov.vn
2. Publishing of information:
a/ Collecting data in the forms
specified at Point c. Clause 1 of this Article.
b/ Processing information and
uploading data to the system.
3. Time limit for updating
information
a/ Annually, organizations
engaged in construction activities shall supply information as prescribed in
this Regulation.
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Chapter 3
ORGANIZATION OF
IMPLEMENTATION
Article 7.
Responsibilities of concerned agencies and organizations
1. The Ministry of Construction
shall assume the prime responsibility for, and coordinate with concerned
agencies in:
a/ Receiving and publishing
information supplied by organizations engaged in construction activities.
b/ On the basis of information
on capabilities of organizations engaged in construction activities and a
number of criteria such as turnover, experience, work quality, built works,
professional criteria and typical works, annually, evaluating, and grading the
capacity of organizations engaged in construction activities and publicizing
the results.
c/ Regularly supervising,
managing and inspecting the access, exploitation and use of information on
capabilities of organizations engaged in construction activities through the
Construction Ministrys website.
2. Ministries, branches and
provincial-level Peoples Committees shall coordinate with the Ministry of Construction
in supplying relevant information on:
a/ Organizations engaged in
construction activities under their management;
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c/ Violations committed by
organizations engaged in construction activities with regard to construction
investment projects in their localities.
3. Organizations engaged in
construction activities shall fully, promptly and truthfully supply information
on their capabilities and activities as prescribed in this Regulation and take
responsibility for supplied information.
Article 8.
Inspection and handling of violations
1. The Ministry of Construction
shall assume the prime responsibility for, and coordinate with ministries,
branches, localities and professional associations in, processing information
during the course of publishing information on the capabilities and activities
of relevant organizations on its website.
2. Provincial/municipal Construction
Services shall, according to their functions, assist provincial-level Peoples
Committees in inspecting the supply of information byorganizations engaged in
construction activities and timely notifying the results to the Ministry of
Construction.
3. If organizations engaged in
construction activities commit violations in construction activities or supply
untruthful information, they shall be put on a list of violating organizations
engaged in construction activities published on the Construction Ministrys
website.