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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.
541/1997/QD-BXD
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Hanoi,
November 22, 1997
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DECISION
TO
AMEND AND SUPPLEMENT A NUMBER OF ARTICLES OF THE REGULATION ON THE MAKING,
EVALUATION AND APPROVAL OF CONSTRUCTION PROJECT DESIGNS ISSUED TOGETHER WITH
DECISION No. 497/BXD-GD OF SEPTEMBER 18, 1996
THE MINISTER OF CONSTRUCTION
Pursuant to Decree No. 15-CP
of March 04, 1994 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Construction;
Pursuant to Decree No. 42-CP of July 16, 1996 of the Government issuing the
Regulation on the Management of Investment and Construction;
Pursuant to Decree No. 92-CP of August 23, 1997 of the Government amending and
supplementing a number of articles of the Regulation on the Management of
Investment and Construction issued together with Decree No. 42-CP of July 16,
1996 of the Government;
At the proposal of the Director of the Department for State Quality Control of
Construction Projects,
DECIDES
Article 1.-To issue
together with this Decision a number of amended and supplemented articles of
the Regulation on the making, evaluation and approval of construction project
designs issued together with Decision No. 497/BXD-QD of September 18, 1996 of
the Minister of Construction.
Article 2.-This Decision
shall be uniformly executed nationwide and takes effect 15 days after the date
of its signing.
Article 3.-The
ministries, the ministerial-level agencies, the agencies attached to the
Government and the People's Committees of the provinces and cities directly
under the Central Government shall have to organize and guide the execution of
this Decision.
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THE
MINISTER OF CONSTRUCTION
Nguye Manh Kiem
A NUMBER OF AMENDED AND SUPPLEMENTED
ARTICLES OF THE REGULATION ON THE MAKING, EVALUATION AND APPROVAL OF
CONSTRUCTION PROJECT DESIGNS ISSUED TOGETHER WITH DECISION No. 497/BXD-GD OF SEPTEMBER
18, 1996 OF THE MINISTER OF CONSTRUCTION
(issued
together with Decision No. 541/1997/QD-BXD of November 22, 1997 of the Minister
of Construction)
Article 15.- Evaluation
of the technical designs of constructions of Group A investment projects funded
with State ital:
Clause 1 shall be amended and
supplemented as follows:
For a project (or a bid package)
with appointed contractor(s), the head of the branch-managing ministry shall
approve its technical design and total cost estimate (or its detailed cost
estimates if the total cost estimate has not yet been made) after the
specialized agency has evaluated its technical design or technical construction
design and the Ministry of Construction has evaluated its total cost estimate
(or the detailed cost estimates).
For a project (or a bid package)
which must be open to bidding, the branch-managing ministry shall approve its
technical design or its technical construction design after the specialized agency
has evaluated its technical design or its technical construction design.
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Evaluation of the technical
designs of constructions belonging to State-funded investment projects of
Groups B and C:
The person competent to decide
the investment shall approve the technical designs or the technical
construction designs after they have been evaluated by the specialized agency.
For a project (or a bid package)
with appointed contractor(s), the person competent to decide the investment
shall have to approve its total cost estimate ( or its detailed cost estimates
if the total cost estimate has not yet been made) after it has been evaluated
by the construction management agency.
The evaluation shall comply with
Inter-ministerial Circular of the Ministry of Construction, the Ministry of
Planning and Investment and the Ministry of Finance guiding the implementation
of the Regulation on the Management of Investment and Construction issued
together with Decree No. 42-CP of July 16, 1996 and Decree No. 92-CP of August
23, 1997 of the Government."
Article 25.- The approval
of technical designs or technical construction designs and total cost estimates
is stipulated as follows:
Clauses 1 and 3 are now annulled
and Clause 1 is amended and supplemented as follows:
1. For constructions belonging
to State-funded investment projects:
1.1. Group A projects:
- The head of the branch
managing ministry shall approve the technical designs or technical construction
designs and the total cost estimates (or the detailed cost estimates if the
total cost estimate has not yet been made) of constructions of the projects (of
bid packages) with appointed contractors.
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1.2. Projects of Groups B and C:
- The person competent to decide
the investment shall approve the technical designs or technical construction designs.
- For a project (or a bid
package) with appointed contractor, the person competent to decide the
investment shall approve the total cost estimate (or the detailed cost
estimates if the total cost estimate has not yet been made) of the
construction.
Article 27.- The time
limit for approval of designs after the receipt of full dossiers stated in
Article 23
The following shall be added to
the end of Article 27:
In case of any amendment and/or
addition to the architecture, the planning or the main structure in the design
already approved by the competent level, the investor shall effect such
amendment and/or addition only after it is agreed upon by the level competent
to approve the technical design or technical construction design.
Article 28.- The written
approval of the technical design, technical construction design and the total
cost estimate of a construction project must be sent to the following agency
for supervision and management:
To be amended and supplemented
as follows:
1. For constructions of
State-funded investment projects:
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- For a project (or a bid
package) with appointed contractor(s): The Office of the Government, the
Ministry of Planning and Investment, the branch-managing ministry, the Ministry
of Construction, the Ministry of Finance, the People's Committee of the
province or city directly under the Central Government, where the project is to
be constructed.
- For a project (or a bid
package) for which a bidding must be organized: The branch-managing ministry
shall send a set of dossier of the approved technical design and the written
approval of the bid result to the Ministry of Construction for monitoring and
recommendation when necessary. Besides, the branch-managing ministry shall send
the written approval of the technical design and the bid result to: The Office
of the Government, the Ministry of Planning and Investment, the Ministry of
Construction, the Ministry of Finance, the People's Committee of the province
or city directly under the Central Government, where the project is to be
constructed.
1.2. Projects of Groups B and C:
the planning and financial agencies of the same level, the People's Committee
of the province or city directly under the Central Government, where the
project is to be constructed, the provincial/municipal Departments of
Construction and Management of Specialized Construction (for specialized
constructions) and the construction permit-granting agency.
2. For constructions belonging
to investment projects not funded with State ital: the People's Committee of
the province or city directly under the Central Government where the
construction is to be erected, the provincial/municipal Departments of
Construction and Management of Specialized Construction (for specialized
constructions) and the construction permit-granting agency.