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THE MINISTRY OF
CONSTRUCTION
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 18/2016/TT-BXD
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Hanoi, June 30,
2016
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CIRCULAR
SPECIFYING AND
PROVIDING GUIDANCE ON CERTAIN CONTENTS OF EVALUATION AND APPROVAL OF PROJECTS,
CONSTRUCTION DESIGNS AND COST ESTIMATES
Pursuant to the Law on Construction No.
50/2014/QH13 dated June 18, 2014;
Pursuant to the Government's Decree No.
62/2013/ND-CP dated June 25, 2013 defining the functions, tasks, powers and
organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No.
59/2015/ND-CP dated June 18, 2015 on management of investment and construction
projects;
Pursuant to the Government’s Decree No.
46/2015/ND-CP dated May 12, 2015 on construction quality management and
maintenance;
Pursuant to the Government’s Decree No.
32/2015/ND-CP dated March 25, 2015 on management of investment and construction
costs;
Upon the request of the Director of the
Department of Construction Activities,
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Chapter I
GENERAL PROVISIONS
Article 1. Scope and subjects of application
1. Scope of application:
a) This Circular specifies evaluation and approval
of investment and construction projects, design and cost estimate of
construction works according to the Government’s Decree No. 59/2015/ND-CP dated
June 18, 2015 on management of investment and construction projects
(hereinafter referred to as Decree No. 59/2015/ND-CP).
b) Evaluation of the pre-feasibility study report, investment
proposal and investment decision shall be subject to law on investment and law
on public investment.
2. Subjects of application: specialized
construction bodies affiliated to specialized construction management
Ministries, People’s Committees of provinces and districts; investment decision
makers, project developers and other entities or individuals concerned.
Article 2. Definition
For the purposes of this Circular, terms used
herein shall be construed as follows:
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2. Evaluation body refers to a specialized
construction body under decentralization or a specialized body directly
affiliated to the investment decision maker referred to in Article 10, Article
24, Article 25 and Article 26 of the Decree No. 59/2015/ND-CP.
Article 3. Principles of evaluation and approval
of projects, construction designs and cost estimates
1. Submission and evaluation of projects,
construction designs and cost estimates shall be carried out under correct
jurisdiction, and ensure compliance with regulations on the evaluation process
and duration.
2. Design and construction cost estimate evaluation
shall be required for the entire project or a component of the project or a
stage or contract of the project, but must ensure consistency and uniformity in
terms of contents and calculation bases of evaluation results.
3. Evaluation processes, procedures, documentation
and results must be made available to the public, ensure transparency, and must
conform to regulations on administrative procedure reform during evaluation
activities.
4. Project, construction design and cost estimate approval
shall be carried out under correct jurisdiction or authorization after the
evaluation result notification is received and after the application
documentation for approval has been supplemented or completed upon the request
of the evaluation body.
5. With regards to projects with the number of
design steps which is greater than legally required, the specialized
construction body shall only evaluate the design documentation at the
prescribed design step while the investment decision maker shall have a
discretionary power to carry out evaluation and approval at the remaining
design steps. If names and contents of project design steps conform to
international conventions other than those applied to prescribed design steps,
the specialized construction body shall only evaluate the design documentation
having similar contents in comparison with the basic design, engineering design
or construction drawing development steps.
Article 4. Responsibilities of organizations or
individuals for evaluation and approval of projects, construction designs and
cost estimates
1. Responsibilities of the investment decision
maker:
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b) Assign and examine implementation of evaluation
activities by specialized affiliates;
c) Approve or authorize approval of a project,
design or cost estimate of a construction work as per law.
2. Responsibilities of the project developer:
a) Submit a project, basic design, construction
design and cost estimate as prescribed by this Circular; organize evaluation
activities as the basis for considering and approving a construction drawing
and cost estimate with respect to the 3-step design;
b) Check, review and assume responsibility to the
evaluation body and liability for legitimacy and contents of the application
documentation for evaluation; explain and complete the application
documentation for evaluation upon the request of the evaluation body;
c) Directly select a consulting entity having
competence in performing inspection activities for evaluation purposes and bear
responsibility for examining where inspection contents of that consulting
entity conform to inspection requirements;
d) Keep records as provided by paragraph 3 Article
6 of the Decree No. 59/2015/ND-CP.
3. Responsibilities of evaluation entities and
organizations:
a) Organize project, construction design and cost
estimate evaluation activities as per law;
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c) Report and explain evaluation activities as
requested by competent regulatory authorities whenever necessary;
d) Keep necessary files and records relating to
evaluation activities as provided by paragraph 4 Article 9 of this Decree.
4. Responsibilities of construction consulting
organizations:
a) Observe construction consulting rights and
obligations referred to in Article 70 and Article 86 of the Law on Construction
upon formulation and inspection of projects, basic designs, construction designs
and cost estimates;
b) Provide a full amount of documents, explain and
correct contents of the application documentation for evaluation upon the
request of the project developer and the evaluation body.
Chapter II
PROJECT, CONSTRUCTION DESIGN AND COST ESTIMATE
EVALUATION
Article 5. Processes for project, construction
design and cost estimate evaluation
Processes for project, construction design and cost
estimate evaluation shall be subject to Article 11 and Article 30 of the Decree
No. 59/2015/ND-CP which is specifically guided as follows:
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2. Project submission:
a) With respect to projects financed by the state
budget’s funds, the application documentation for evaluation shall be submitted
to the specialized construction body who holds authorization to evaluate
feasibility study reports, investment and construction economic-technical feasibility
reports;
b) With respect to projects financed by
out-of-budget state funds, the application documentation for evaluation shall
be submitted to the specialized construction body who holds authorization to
evaluate basic designs (or construction drawings or cost estimates with respect
to projects that require preparation of economic-technical feasibility reports)
and to the specialized body directly controlled by the investment decision
maker for the purpose of evaluation of other contents of a feasibility study
report, investment and construction economic-technical report or technological
design (if any);
c) With respect to projects financed by other
funds, the application documentation for evaluation shall be submitted to the
specialized construction body who holds authorization to evaluate basic designs
(or construction drawings with respect to projects that require preparation of
economic-technical feasibility reports) with respect to special-class, class-I
investment and construction projects, public utilities projects, projects
having great impacts on landscape, environment and community safety. The
specialized body directly controlled by the investment decision maker shall
evaluate other contents of feasibility study reports, investment and
construction economic-technical feasibility reports and technological designs
(if any);
d) With respect to the rest of projects which are
not under evaluation by specialized construction bodies, specialized bodies
directly controlled by investment decision makers shall evaluate all contents
of feasibility study reports, and investment and construction
economic-technical feasibility reports.
3. Submission of construction design which is
implemented after the basic design and construction cost estimation:
a) With respect to components of projects financed
by the state budget funds, the application documentation for evaluation shall
be submitted to the specialized construction body who holds authorization to
carry out evaluation;
b) With respect to components of projects financed
by the out-of-budget state funds, the application documentation for evaluation
shall be submitted to the specialized construction body who holds authorization
to carry out evaluation. Regarding technological designs, designs of class-IV
projects and medium-voltage grid construction projects, the application
documentation for evaluation shall be submitted to the specialized body
directly controlled by the investment decision maker for evaluation purposes;
c) With respect to components of projects financed
by other funds and put under evaluation by specialized construction bodies as
per paragraph 1 Article 26 of the Decree No. 59/2015/ND-CP, the application
documentation for evaluation shall be submitted to the specialized construction
body who holds authorization to evaluate construction designs and to the
specialized body directly controlled by the investment decision maker for the
purpose of evaluation of technological designs (if any) and construction cost
estimate;
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4. The evaluation body shall implement evaluation
according to the process and contents prescribed in Article 5 through Article 9
hereof.
Article 6. Application documentation for
evaluation of a project, basic design, construction design and cost estimate
1. Evaluation requesting person shall submit one
(01) set of (original) documentation to the evaluation body as per Article 5
hereof for evaluation purposes. Where it is necessary to obtain opinions
contributed by other relevant entities or organizations, the evaluation body
may request him/her to supplement their submission with contents on which
opinions need to be given.
2. Application documentation for evaluation must
ensure legality and relevance to contents subject to evaluation. Application
documentation for evaluation shall be considered valid when satisfying contents
referred to in paragraph 3, 4, 5 of this Article, standardized and written in
Vietnamese or bilingually (Vietnamese prevails) and shall be examined and
stamped.
3. Application documentation for evaluation of a
project and basic design shall be composed of the request form for evaluation
and list of documents submitted for evaluation as given in the Sample No. 01 of
Appendix II of the Decree No. 59/2015/ND-CP.
4. Application documentation for evaluation of an
investment and construction economic-technical feasibility report shall be
composed of the request form for evaluation and list of documents submitted for
evaluation as given in the Sample No. 04 of Appendix II of the Decree No.
59/2015/ND-CP.
5. Application documentation for evaluation of an
engineering design, construction design and cost estimate shall be composed of
the request form for evaluation and list of documents submitted for evaluation
as given in the Sample No. 06 of Appendix II of the Decree No. 59/2015/ND-CP.
Article 7. Receipt and checking of submitted
documentation
1. The evaluation body shall be held responsible
for receiving and checking adequacy and validity of documents sent directly or
by post. The submitted documentation shall be returned to the evaluation
requesting person in case of rejection as provided by paragraph 4 of this
Article.
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3. The evaluation requesting person shall take
responsibility for paying the evaluation fee to the evaluation body. The amount
of fee for evaluation of projects, basic designs, construction designs and cost
estimates shall be subject to the decision issued by the Ministry of Finance.
4. The evaluation body may refuse to receive the
submitted documentation in the following circumstances:
a) The documentation is not under the evaluation
body's jurisdiction;
b) The project, basic design, construction design
or cost estimate is not prescribed as the subject of evaluation under law on
construction;
c) The submitted documentation does not ensure
legality or validity as per paragraph 2 Article 6 hereof;
d) As for the documentation sent by post which are
referred to in subparagraph a, b and c of this paragraph, the evaluation body
is required to send a written notification to the evaluation requesting person
in which reasons for such refusal to carry out evaluation are clearly stated.
Article 8. Evaluation stage
1. Evaluation shall be started when the evaluation
body has received all required documents as per Article 6 hereof and ended upon
receipt of the written notification of evaluation results. The evaluation
duration shall be subject to paragraph 4 Article 11 and paragraph 8 Article 30
of the Decree No. 59/2015/ND-CP.
2. Evaluation contents shall be subject to Article
58 and Article 83 of the Law on Construction, Article 6 and Article 10 of the
Government's Decree No. 32/2015/ND-CP dated March 25, 2015 on management of
investment and construction costs.
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4. In the course of evaluation, the evaluation body
shall be vested with the following powers:
a) Request entities or organizations concerned to
provide documentary information and data which are necessary for evaluation
activities;
b) Hire organizations or individuals which have
relevant qualification, competence and experience to participate in evaluation
activities;
c) Request the project developer to directly select
a inspection consulting organization to assist in evaluation activities or
consider using the project developer’s evaluation results (where the project
developer has already carried out inspection under paragraph 2 Article 10
hereof);
d) Request the project developer to give explicit
interpretation or explanation of evaluation-related issues whenever necessary;
dd) Temporarily cease evaluation activities and
promptly inform the evaluation requesting person of any defect or error arising
from the calculation method, load bearing, drawing description and map, etc.
existing in the submitted documentation contents which may result in failure to
arrive at evaluation conclusion. If the aforesaid defect or error is not
corrected within duration of twenty (20) days, the evaluation body shall decide
to cease evaluation activities and the evaluation requesting person may resubmit
their request for re-evaluation when necessary.
Article 9. Inspection results and inspection
result notification
1. Evaluation results must convey assessment and
conclusive opinions on conformance of each evaluated contents and all of
contents subject to evaluation by adopting the sample given in the Appendix II
of the Decree No. 59/2015/ND-CP; must give certain recommendations to the
investment decision maker and the project developer. Assessment comments and
remarks shall be given by the evaluation body according to the following
detailed instructions:
a) With regards to evaluation of a project or basic
design, they shall give assessment comments and remarks on relevance and
conformance to investment policies, requirements concerning development of a
project, basic design and criteria reflecting necessity for investment and
construction, feasibility and effectiveness of the project;
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c) They shall give assessment and update of
inspection results for evaluation of, contribution of opinions on fire
prevention, firefighting, environmental protection and contribution of opinions
made by relevant entities or organizations (if any).
2. The evaluation body shall take responsibility
for sending the written notification of evaluation results to the evaluation
requesting person directly or by post.
3. The application documentation for evaluation
which has been completely modified shall be checked and sealed as a proof of
completed evaluation by the inspection body with respect to one (01) set of the
project documentation, basic design drawing, engineering design drawing or
construction drawing and cost estimate. The sample evaluation seal is given in
the Appendix I hereof. The evaluation requesting person shall take
responsibility for submitting a copy (photocopy or PDF file) of a feasibility
study report, basic design, construction design and cost estimate all of which
have already been sealed by the evaluation body.
4. After evaluation, the evaluation body shall
assume the following responsibilities:
a) Keep and store certain documents such as
evaluation request forms, conclusions of organizations or individuals involved
in evaluation, records of contribution of opinions from relevant entities and
organizations, evaluation result notification and copies of documents which have
already been sealed as a proof of completed evaluation as prescribed in
paragraph 3 of this Article;
b) Return documents submitted to request evaluation
to the evaluation requesting person, except archived or deposited documents
referred to in subparagraph a of this paragraph.
Article 10. Inspection carried out to serve project,
construction design and cost estimate evaluation purposes
Inspection carried out to serve project,
construction design and cost estimate evaluation purposes shall be subject to
Article 11 and Article 30 of the Decree No. 59/2015/ND-CP which is specifically
guided as follows:
1. Based on inspection requirements imposed by the
evaluation body, the project developer shall be responsible for directly
selecting a consulting organization having competence in performing inspection
activities for evaluation purposes.
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3. The consulting organization which is designated
to carry out inspection activities to serve evaluation purposes of the
specialized construction body must satisfy the following requirements:
a) Have competence in performing construction
activities under law;
b) Have information about its construction
competence posted on the electronic information page of the Ministry of
Construction or a Department of Construction as per Article 69 of the Decree
No. 59/2015/ND-CP. Where an inspection consulting organization has not
registered information about its construction competence, specialized bodies
directly controlled by the Ministry of Construction or Department of
Construction shall decide to grant their approval in writing;
c) Be independent of the project developer and
contractors providing consultancy for development of a project, construction
design and cost estimate in legal and financial aspects.
4. The process for directly selecting an inspection
consultant that assists in evaluation activities upon the request of
specialized construction body shall be specifically prescribed as follows:
a) The evaluation body proposes requirements and
scope of inspection activities serving evaluation purposes, including certain
major contents:
- Those prescribed in subparagraph c, d, dd
paragraph 2 and paragraph 3 Article 58 of the Law on Construction with respect
to project and basic design evaluation;
- Those prescribed in paragraph 4 Article 58 of the
Law on Construction with respect to economic – technical feasibility report
evaluation;
- Those prescribed in paragraph 1, 3, 4, 5, 6, 7
Article 83 of the Law on Construction with respect to construction design and
cost estimate evaluation.
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c) Upon the project developer’s inspection request,
the consulting organization sends a proposal to carry out inspection activities
to the project developer that proceeds to consider, negotiate about and enter
into a contract.
5. Duration of project, basic design, construction
design and cost estimate inspection shall be subject to paragraph 5 Article 11
and paragraph 4 Article 30 of the Decree No. 59/2015/ND-CP. Where it is
necessary to extend the inspection duration, the project developer must send
the evaluation body a written notification which specify reasons for
application for extension.
6. The project developer shall take responsibility
for examination and assessment of an inspection report prepared by the
consulting entity before sending it to the evaluation body. The sample
inspection report is given in the Appendix I hereof.
Article 11. Decentralization or authorization of
project, construction design and cost estimate evaluation
1. Specialized construction bodies directly
controlled by construction management Ministries may recommend specialized
construction Departments to competent persons who are accorded the
discretionary power to authorize them to evaluate reports of economic -
technical feasibility of investment and construction for state-funded class-II
or lower-class projects developed under the investment and construction
decision of Ministries, Ministry-level organs, centrally-controlled organs of
political organizations, socio-political organizations, economic groups and
state-owned incorporations within a provincial-level administrative
subdivision.
2. Depending on present local conditions,
provincial People’s Committees shall decide to decentralize and authorize
evaluation of projects, construction designs and cost estimates to divisions
having competence in construction management controlled by district-level
People's Committees, industrial zone management boards, export processing
zones, hi-tech parks and economic zones with respect to projects or
construction works that specialized construction management Departments are
accorded authority to evaluate.
3. Evaluation decentralization referred to in
paragraph 1 and 2 of this Article and arising in other contexts (if any) must
ensure conformance to rules and requirements specified in paragraph 6 Article
34 of the Law on Government Organization and Article 13, 14 of the Law on Local
Government Organization.
Article 12. Evaluation of investment and
construction economic – technical feasibility reports
The process for evaluating projects in which
economic-technical feasibility reports are required shall be subject to Article
5 hereof. In particular, authority to evaluate economic-technical feasibility
reports referred to in subparagraph a paragraph 3 Article 13 of the Decree No.
59/2015/ND-CP shall be specifically guided as follows:
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a) Investment and construction economic – technical
feasibility reports of state-funded projects developed under decisions of
Ministries, Ministry-level organs, Governmental bodies, centrally-controlled
entities of political organizations and socio-political organizations, except
those of which authority over evaluation is granted to specialized construction
Departments as per paragraph 1 Article 11 hereof;
b) Construction drawings (except technological
design) and cost estimates of out-of-budget state-funded projects developed
under decisions of Ministries, Ministry-level organs, Governmental bodies,
centrally-controlled entities of political organizations, socio-political
organizations, economic groups and state-owned incorporations, except those of
which authority over evaluation is authorized to specialized construction
Departments as per paragraph 1 Article 11 hereof;
c) Construction drawings (exclusive of
technological designs) of special-class and class-I projects financed by other
funds.
2. Specialized construction Departments shall
undertake evaluation of:
a) Investment and construction economic – technical
feasibility reports of state-funded projects developed within a province under
the decision of the provincial government, and economic – technical feasibility
reports of class-II or lower-class projects developed under the decision of Ministries,
Ministry-level organs, Governmental bodies, centrally-controlled entities of
political organizations and socio-political organizations which is made as per
regulations on decentralization laid down in paragraph 1 Article 11 hereof,
except those referred to in paragraph 3 of this Article;
b) Construction drawings (except technological
designs) and cost estimates of out-of-budget state-funded class-II and
class-III projects developed under the decision of the provincial government, Ministries,
Ministry-level organs, Governmental bodies, centrally-controlled entities of
political organizations, socio-political organizations, economic groups and
state-owned incorporations as per regulations on decentralization laid down in
paragraph 1 Article 11 hereof, except those prescribed in paragraph 3 of this
Article;
c) Construction drawings (except technological
designs) of public utilities projects, and projects having great impacts on
landscape, environment and community safety which are financed by other funds
and developed within a province, except for those referred to in paragraph 1 of
this Article.
3. Construction management divisions of
district-level People’s Committees and management units of industrial zones,
export processing zones, hi-tech parks and economic zones shall evaluate
investment and construction economic – technical feasibility reports of
projects financed by the state budget's fund; construction drawings and cost
estimates of out-of-budget state-funded projects shall be subject to evaluation
as per regulations on decentralization laid down in paragraph 2 Article 11
hereof.
Article 13. Other regulations on project,
construction design and cost estimate evaluation
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2. With respect to projects comprising multiple
construction works of different types and classes, a body acting as an
evaluation leader shall be responsible for evaluating main works or
highest-level ones in these projects.
3. With respect to projects
executed under Public - Private Partnership (PPP) contracts, competent
regulatory bodies referred to in paragraph 1 Article 26 of the Government’s
Decree No. 15/2015/ND-CP dated February 14, 2015 on PPP investment shall act as
leaders of evaluation of these projects. Evaluation of basic designs,
construction designs and cost estimates shall be the same as that of
out-of-budget state-funded projects as provided in paragraph 2 Article 11 and
paragraph 1 Article 25 of the Decree No. 59/2015/ND-CP.
4. The specialized entity directly controlled by
the investment decision maker shall undertake evaluation of construction
designs and cost estimates of projects whose main activities are purchase of
goods and provision of services, but comprise construction components including
construction works, those whose activities do not have a decisive influence
over investment objectives, operational safety, those that use and have a
proportion of construction cost to total investment outlay which is less than
15%; shall undertake evaluation of economic – technical feasibility reports of
projects for repair, alteration and improvement of construction works financed
by state budget allocations intended for investment activities.
5. Evaluation of projects financed by mixed funds
part of which is state budget fund or out-of-budget state fund which equals at
least 30% or under 30% but more than VND 500 billion in proportion to total
investment outlay shall be the same as that of out-of-budget state-funded
projects.
Chapter III
APPROVAL AND MODIFICATION OF PROJECTS, CONSTRUCTION
DESIGNS AND COST ESTIMATES
Article 14. Approval of projects, grant of
investment and construction decisions
Approval of projects and grant of investment and
construction decisions shall be subject to Article 12 and Article 13 of the
Decree no. 59/2015/ND-CP which is specifically guided as follows:
1. The body leading project evaluation activities
that are controlled by the investment decision maker shall be responsible for
preparing a general report on evaluation results for submission to seek
approval. In other cases, the investment decision maker shall consider and
authorize their specialized affiliates to prepare a general report on
evaluation results for submission to seek approval.
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3. The sample investment and construction decision
is given in the Appendix I hereof.
Article 15. Approval of construction designs and
cost estimates
1. The investment decision maker and the project
developer shall be vested with authority to approve construction designs and
cost estimates with the contents specified in Article 28 of the Decree No.
59/2015/ND-CP. The investment decision maker shall be authorized to approve
construction designs and cost estimates as referred to in paragraph 1 Article
72 of the Law on Construction.
2. The investment decision maker shall be accorded
authority to approve construction drawings and cost estimates of projects of
which investment and construction economic - technical feasibility reports are
required.
3. The sample application form for approval of
projects, construction designs and cost estimates is given in the Appendix I
hereof.
Article 16. Modification of investment and
construction projects
1. State-funded or out-of-budget state-funded
investment and construction projects may be modified if they fall into cases
referred to in paragraph 1 Article 61 of the Law on Construction. The
investment decision maker shall be vested the right to make their decision on
modification contents regarding investment objectives, scale, project execution
location, progress, total investment outlay and funding source structure.
2. Projects or basic designs of which authority to
grant approval is delegated to the investment decision maker shall be evaluated
according to the procedures prescribed in paragraph 3 of this Article.
3. The process for evaluation of modified projects
and basic designs shall be specifically guided as follows:
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b) Based on the written consent obtained from the
investment decision maker to the plan for modification of the submitted
project, the project developer shall assume responsibility for preparing
modified project and basic design documentation for submission to the body
leading evaluation under its delegated authority;
c) Preparation of a general report on evaluation
results and submission of the modified project shall be subject to paragraph 1
Article 14 hereof.
4. Approval of modified investment and construction
projects granted by the investment decision maker shall comprise modified
contents or all of project contents after being modified.
5. The body leading evaluation of the modified
project and basic design shall also be the one leading evaluation of the
approved project and basic design.
Article 17. Modification of construction designs
and cost estimates
1. Modification of construction designs and cost
estimates shall be subject to Article 84 of the Law on Construction and Article
11 of the Government’s Decree No. 32/2015/ND-CP on management of investment and
construction costs.
2. The investment decision maker shall be
authorized to make their decision on modification of construction designs and
cost estimates when such modification entails modification of investment and
construction project. Modification in other cases shall be decided by the
project developer who is responsible for their modification decision. The
project developer shall be responsible for reporting to the investment decision
maker on contents of modification of construction design carried out under their
decision.
3. The specialized construction body shall evaluate
construction designs and cost estimates in the following cases:
a) Modification of construction design is carried
out due to any change of geological conditions, design load, structural
solutions, materials used in load bearing structures (except if modification
results in an increase in safety for construction works) and impacts of
construction methods on load bearing safety;
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4. Modified construction designs or cost estimates shall
be approved under the discretionary decision of the project developer as
prescribed in paragraph 2 of this Article, shall not be subject to evaluation
as provided in paragraph 3 of this Article, and where necessary, shall be
evaluated at the project developer’s discretion as the basis for their approval
decision.
5. Approval of modified construction designs and
cost estimates granted by the investment decision maker and the project
developer shall encompass approval of modifiable contents or all of contents of
modified construction designs and cost estimates. The investment decision maker
or the project developer shall be accorded authority to approve construction
designs and cost estimates modified at their discretion as provided by
paragraph 2 of this Article.
Chapter IV
IMPLEMENTING PROVISIONS
Article 18. Responsibilities of the Ministry of
Construction
As regards project, construction design and cost
estimate evaluation activities, the Ministry of Construction shall assume the
following responsibilities:
1. Lead and guide implementation of project,
construction design and cost estimate evaluation activities of sectoral
Ministries, local jurisdictions and enterprises.
2. Delegate authority to relevant specialized
construction bodies in implementation of project, construction design and cost
estimate evaluation activities.
3. Conduct periodic or ad-hoc inspection of
implementation of evaluation activities by specialized construction bodies at
different administrative levels. Make a decision on revocation and cancellation
of evaluation results or request re-evaluation whenever there is any error in
carrying out evaluation activities which leads to impacts on legality, quality,
safety, costs and progress of construction works; prepare a general review
report on evaluation results.
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5. Hold training courses on evaluation activities
that are attended by relevant entities, organizations and individuals.
6. Issue and guide application of assessment
criteria for evaluation activities; norms of costs of project, basic design,
construction design and cost estimate inspection consultancy.
Article 19. Responsibilities of relevant
Ministries
As regards project, construction design and cost
estimate evaluation activities, Ministries shall bear the following
responsibilities:
1. Specialized construction Ministries:
a) Direct, guide and examine evaluation activities
of specialized construction bodies that are put under their assigned
management; give authority to relevant specialized construction bodies to
organize project, construction design and cost estimation activities; make a
decision on revocation and cancellation of evaluation results or request
re-evaluation whenever there is any error in evaluation activities that may
cause impacts on legality, quality, safety, costs and progress of construction
works.
b) Collaborate with other specialized construction
Ministries and provincial People’s Committees in organizing evaluation
activities with respect to projects of national importance, directional
investment and construction projects connecting different administrative
subdivisions;
c) Prepare a quarterly general report on implementation
of project, construction design and cost estimation evaluation activities under
their jurisdiction and send it through to the Ministry of Construction for its
review and supervision during 15 first days of the following quarter. The
sample evaluation report is given in the Appendix II hereof.
2. Ministries, Governmental bodies and centrally-governed
entities of political organizations and socio-political organizations:
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b) Assign their affiliated entities to participate
and cooperate in project, construction design or cost estimate evaluation under
their management in accordance with laws on construction;
c) Check evaluation activities of affiliated
specialized bodies and cooperate in promptly resolving any difficulty that may
arise during the evaluation process.
Article 20. Responsibilities of provincial and
district-level People's Committees
As regards project, construction design and cost
estimate evaluation, provincial and district-level People’s Committees shall
assume the following responsibilities:
1. Decide delegation of authority, decentralization
or authorization in carrying out project, construction design and cost estimate
evaluation and approval within their jurisdiction in conformity with laws on
construction and specific conditions of each jurisdiction.
2. Direct and inspect evaluation activities of
specialized construction Departments or divisions having competence in
management of construction which are controlled by district-level People’s
Committees, make a decision on revocation and cancellation of evaluation
results or request re-evaluation whenever there is any error in carrying out
evaluation activities which leads to impacts on legality, quality, safety, costs
and progress of construction works.
3. Resolve difficulties arising from processes and
documentation requirements and cooperate in performing evaluation activities
within their jurisdiction.
4. Prepare a quarterly general report on
implementation of project, construction design and cost estimate evaluation
activities under their jurisdiction and send it through to the Ministry of
Construction for its review and supervision during 15 first days of the
following quarter. The sample evaluation report is given in the Appendix II
hereof.
Article 21. Transition and entry into force
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a) Resubmission of investment and construction
projects, construction designs and cost estimates which have been submitted
before this Circular's entry into force shall not be required and these
projects, designs and cost estimates shall be evaluated in accordance with
applicable regulations existing before entry into force of this Circular;
b) Modification of projects, construction designs
and cost estimates carried out after this Circular’s entry into force shall be
subject to provisions laid down herein.
2. Entry into force:
a) This Circular shall take effect from August 15,
2016.
b) Regulations on inspection, evaluation and
approval of investment and construction projects, construction designs and cost
estimates laid down in the Circular No. 03/2009/TT-BXD dated March 26, 2009 of
the Ministry of Construction providing details of certain contents of the Government’s
Decree No. 12/2009/ND-CP dated February 12, 2009 on management of investment
and construction projects; the Circular No. 10/2013/TT-BXD dated July 25, 2013
specifying certain contents of management of construction quality; the Circular
No. 13/2013/TT-BXD dated August 15, 2013 of the Ministry of Construction
prescribing inspection, evaluation and approval of construction designs and the
Circular No. 09/2014/TT-BXD dated July 10, 2014 of the Ministry of Construction
on amendments to certain articles of Circulars providing guidance on the
Government’s Decree No. 15/2013/ND-CP dated February 6, 2013 on management of
construction quality, shall be repealed from this Circular's entry into force.
In the course of implementation of this Circular,
if there is any difficulty that may arise, entities, organizations and
individuals should promptly inform the Ministry of Construction for its
assessment and revision.
PP. THE
MINISTER
THE DEPUTY MINISTER
Le Quang Hung
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APPENDIX I
SAMPLE DOCUMENTS
REQUIRED IN THE PROCEDURES FOR PROJECT, CONSTRUCTION DESIGN AND COST ESTIMATE
EVALUATION
(Issued together with the Circular No. 18/2016/TT-BXD dated June 30, 2016 of
the Ministry of Construction)
Sample document
No.01
Project developer’s general report.
Sample document
No.02
Project inspection report.
Sample document
No.03
Report on inspection of construction design and
cost estimate.
Sample document
No.04
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Sample document
No.05
Decision on approval of construction design and
cost estimate.
Sample document
No.06
Sample stamp for evaluation and inspection of
design.
Sample document
No.01
Project
developer’s general report
(Issued together
with the Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Ministry of
Construction)
THE PROJECT
DEVELOPER
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No.: ………………
Re.: ………………
………, date
(dd/mm/yyyy)………….
GENERAL REPORT
On documentation
submitted to apply for evaluation
Dear (Name of the
evaluation body)
Pursuant to the Law on Construction No.
50/2014/QH13 dated June 18, 2014;
Pursuant to the Government’s Decree No. 59/ND-CP
dated June 18, 2015 on management of investment and construction projects;
Pursuant to the Circular No. 18/2016/TT-BXD dated
June 30, 2016 specifying and providing guidance on certain contents regarding
evaluation and approval of projects, design and estimate of costs of
construction works;
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On other relevant legal grounds;
(Name of the project developer) hereby submits the
General Report on design and estimate of costs of construction works (if any),
including the followings:
1. Conformity of components and representation of
the design documentation to terms and conditions of a construction contract and
legislative regulations (design documentation composed of design
interpretation, drawings, construction surveying materials and other related
documents, which are required by relevant laws);
2. Statistics of technical regulations or standards
which are mainly applied in the construction design documentation;
3. Information about capability of the surveying
contractor, the contractor of construction design and cost estimation (if any)
(sectors or industries allowed for carrying out construction surveying and
design activities which are specified in the business license or other
certificates issued by competent authorities);
4. Practicing certificate and information about
competency of the principal investigator and leader of construction surveying,
design and cost estimate (describing in detail qualifications and competency of
these principal investigators and leaders);
a. Construction surveying principal investigators:
- Construction surveying principal investigator is
accredited to have sufficient competence in carrying out…(construction
surveying activities allowed according to the practicing certificate)……….and
those referred to in the Certificate No. .........issued on (date).......which
remain unexpired till the date of submission.
b. Principal investigators and leaders of
construction design:
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- Construction design leader specializing in design
operations licensed under the practicing certificate)……..is accredited to have
sufficient competence in undertaking construction design activities and those
referred to in the Certificate No. .........issued on (date).......which remain
unexpired till the date of submission.
Sent to:
- The aforesaid;
- Archives.
PROJECT
DEVELOPER
(Signature, full name, title and stamp)
Sample document
No.02
Project
inspection report
(Issued together
with the Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Ministry of
Construction)
THE INSPECTION
BODY
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No.: …………
Re. Project inspection report…………….
………, date
(dd/mm/yyyy)……
Dear the project developer,
(Name of the inspection body) has received the
Document No……dated…..that request the inspection of the project ……(Name of the
construction project).
Pursuant to the Law on Construction No.
50/2014/QH13 dated June 18, 2014;
Pursuant to the Government’s Decree No.
59/2015/ND-CP dated June 18, 2015 on management of investment and construction
projects;
Pursuant to the Circular No. 18/2016/TT-BXD dated
June 30, 2016 specifying and providing guidance on certain contents regarding
project evaluation and approval, and construction design and cost estimate;
Pursuant to the Consultancy Contract No.
……..dated………..which has been signed between ……(the inspection body) and……….(the
project developer);
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After reviewing project dossiers, (the inspection
body) shall inform the inspection results of.....(the project name), including:
I. GENERAL INFORMATION ABOUT THE PROJECT
1. The project name:
2. Project group, type, class and scale:
3. Investment decision maker:
4. Project developer’s name and contact information
(address, telephone, etc.):
5. Construction location:
6. Value of investment outlay; financing source:
7. Project execution duration:
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9. Other information (if any):
II. COMPOSITION OF THE PROJECT DOSSIER
1. Legal documents (List down legal documents in
the application package):
2. Project-related, surveying and design dossiers
and materials:
3. Contractor competency dossiers:
III. CONTENTS OF THE PROJECT DOSSIER
1. Main contents of the project
(Briefing basic contents of dossier of the project
to be inspected)
2. Main regulations and standards to be applied.
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(Commenting on and specifically evaluating details
of the following contents upon the project developer's inspection demand)
After receipt of the dossier of the project
(project name) and after review of such dossier, (the inspection body's name)
informs the quality of the application documentation for inspection, including:
1. Representation and list of documents to be
inspected (commenting on representation, validation and sufficiency/adequacy of
the dossier in comparison with regulations in force).
2. Remarks and comments on contents of the
feasibility study report, as prescribed by Article 54 of the Law on
Construction 2014.
3. Conclusion of the inspection body on whether the
project is eligible for inspection.
V. PROJECT INSPECTION RESULTS
1. Contents of inspection of basic design: (several
or all contents below, depending on the inspection demand of the project
developer).
a) Relevance of a technological solution or
technological line which is selected with respect to any project that requires
technological design;
b) Relevance of design solutions in terms of
assurance of construction safety, environmental protection, fire and explosive
prevention and control: Reaching conclusions on assurance of construction
safety of design solutions; examining uniformity between design solutions and
environmental protection and fire safety solutions based on opinions of
competent authorities as prescribed by the Law on Environmental Protection and
the Law on Fire Prevention and Control;
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2. Inspection of other information included in the
feasibility study report:
a) Assessment of necessity of investment and
construction, including conformity to the investment plan, capability of
meeting increasing demands concerning scale, output, operational capacity for
the purpose of satisfying socio-economic demands, assuring national defence and
security over periods of time;
b) Evaluation of factors assuring feasibility of
the project, including relevance of the project to the planning for industrial
development and the construction planning; capability of meeting the demand for
land occupancy and clearance for construction purposes; the demand for use of
natural resources (if any), assurance of input factors and satisfaction of
demands for products derived from the project; the project developer’s
managerial experience; maintenance of national defence and security as well as
other factors;
c) Evaluation of factors that assure the project
effectiveness, including the investment outlay:
- Examination of the method for estimating total
investment outlay; evaluation of contents of total investment outlay structure
to be inspected; examination of relevance of application and utilization of
relevant norms, unit prices, policies or regulations for estimation and
management of investment and construction costs;
- Examination of relevance of workloads in relation
to total investment outlay; examination of soundness and rationality of
specific costs included in total investment outlay;
- Post-inspection value of total investment outlay
(specifying value of specific cost-related accounts, causes of increase or
reduction).
d) Evaluation of the project execution progress;
project operation costs; possibility of mobilizing capital depending on the
project execution progress, and analysis of risks, financial and socio-economic
effectiveness of the project.
3. Request for modification of the submitted
application (if any).
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- The project (Project name) which is Eligible (or
Ineligible) for further steps to be taken.
- Several recommendations (if any).
PROJECT INSPECTION PRINCIPAL INVESTIGATOR OR
LEADER
- (Signature and full name)
(Inspection results may be supplemented with
other contents, depending on requirements or scope of inspection activities of
the project developer and the contractor rendering inspection consultancy
services).
Sent to:
- The aforesaid;
- Archives.
INSPECTION BODY
(Signature, full name, title and stamp)
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Report on
inspection of construction design and cost estimate.
(Issued together
with the Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Ministry of
Construction)
THE INSPECTION
BODY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ……………
Re. Report on inspection of construction design and cost estimate
………, date
(dd/mm/yyyy)……
RESULTS OF
INSPECTION OF CONSTRUCTION DESIGN AND COST ESTIMATE
Project:
………......
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Pursuant to the Law on Construction No. 50/2014/QH13
dated June 18, 2014;
Pursuant to the Government’s Decree No.
59/2015/ND-CP dated June 18, 2015 on management of investment projects;
Pursuant to the Circular No. 18/2016/TT-BXD dated
June 30, 2016 specifying and providing guidance on certain contents regarding
project evaluation and approval, and construction design and cost estimate;
Pursuant to other relevant Decrees or Circulars;
Pursuant to the Document No…..dated…..of (the
applicant for inspection)......on....;
On other relevant legal grounds.
As agreed upon in the inspection consultancy
contract (contract number) between (the project developer’s name) and (the
inspection body’s name) on inspection of engineering design, design of
construction drawings and construction cost estimate of (the project’s name).
After a completed review, (the inspection body’s name) hereby informs the
following inspection results:
I. GENERAL INFORMATION ABOUT THE CONSTRUCTION
WORK
- Name of the construction work: ..... Type and
class of the construction work: .....
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- Project developer: …
- Construction estimated value: …
- Funding source: …
- Construction location: …
- Construction surveying body: …
- Construction design and cost estimating body: …
II. LIST OF THE APPLICATION DOCUMENTATION FOR
INSPECTION
1. Legal documents:
(List legal documents used for validating the
project)
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3. Materials used in the inspection process (if
any)
III. MAIN CONTENTS OF CONSTRUCTION DESIGN AND
COST ESTIMATE
1. Main regulations and standards to be applied.
2. Major design solutions of the construction work.
(Describing major design solutions of components of
the construction work).
3. Bases for construction cost estimation
IV. REMARKS ON QUALITY OF THE APPLICATION
DOCUMENTATION FOR INSPECTION
(Commenting on and specifically evaluating details
of the following contents upon the project developer's inspection demands)
After receipt of the dossier of the project
developer (the project developer’s name) and after review of such dossier, (the
inspection body's name) informs the quality of the application documentation
for inspection, including:
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2. Remarks and comments on contents of the
construction design, as prescribed by Article 80 of the Law on Construction
2014.
3. Comments and remarks on construction cost
estimate, specifically including:
a) Cost estimation approach which is selected in
comparison with regulations in force;
b) Bases for determination of cost accounts;
c) Unit prices to be applied for the construction
work;
d) Reasonable construction costs (Solutions to
design and use of building materials, substances or equipment relevant to the
function of the construction work for the purpose of enhancing construction
cost efficiency).
4. Conclusion of the inspection body on whether the
project is eligible for inspection.
V. DERSIGN INSPECTION RESULTS
(Certain or all of the following contents,
depending on the inspection demand of the project developer and specialized
construction entity).
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a) Engineering design (development of engineering
drawings) compared with the primary design;
b) Development of the engineering design compared
with design objectives in case of single-step design process.
2. Compliance with applicable technical standards
and regulations; legislative regulations on use of building materials for the
construction work:
- Compliance with applicable technical standards
and regulations:
- Use of building materials which is permitted by
laws:
3. Evaluation of relevance of construction design
solutions to useful effects of the construction work, level of safety of the
construction work and assurance of safety for adjacent construction works:
- Evaluation of relevance of each construction
design solution to useful effects of the construction work.
- Evaluation and conclusion of load bearing
capacity of construction structures and design solutions for maintenance of
safety for adjacent structures.
5. Rationality of selected technology lines and
equipment for design of the construction work in conformity with technological
requirements (if any).
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7. Request for modification of the submitted
application (if any).
VI. PROJECT INSPECTION RESULTS
1. Inspection rules:
a) Consistency between major estimated costs and
designed costs;
b) Accuracy and rationality of application and use
of construction unit prices, proportional cost norms, estimated consultancy
costs and estimated cost accounts included in the construction cost estimate;
c) Construction estimated value.
2. Post-inspection construction estimated value
Depending on the aforesaid bases and rules,
post-inspection estimated value shall be calculated as follows:
No.
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Value to be
inspected
Post-inspection
value
Increase or
decrease (+;-)
1
Construction cost
2
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3
Project management cost
4
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5
Others
6
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Total
(Detailed Appendix
hereto attached)
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3. Request for modification of the submitted
application (if any).
VII. CONCLUSION AND RECOMMENDATION
Engineering design/construction drawing development
documentation and construction cost estimate which satisfy conditions for
further steps.
Several recommendations (if any).
SPECIALTY-SPECIFIC INSPECTION PRINCIPAL
INVESTIGATOR OR LEADER
- (Signature, full name and number of practicing
certification…)
- …………………
- (Signature, full name and number of practicing
certification…)
(Inspection results may be supplemented with
other contents, depending on inspection demands of the project developer and
the inspection consultancy contractor).
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Sent to:
- The aforesaid;
- Archives.
INSPECTION BODY
(Signature, full name, title and stamp)
Sample document
No.04
Decision on
approval of investment and construction project
(Issued together
with the Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Ministry of
Construction)
THE APPROVING
BODY
-------
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: …………….
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DECISION
On approval of
investment and construction project
(Name of
approving individual/entity)
Pursuant to the Law on Construction No.
50/2014/QH13 dated June 18, 2014;
Pursuant to the Government’s Decree No.
59/2015/ND-CP dated June 18, 2015 on management of investment projects;
Pursuant to the Circular No. 18/2016/TT-BXD dated
June 30, 2016 specifying and providing guidance on certain contents regarding
project evaluation and approval, and construction design and cost estimate;
On other relevant legal grounds;
Based on the inspection result notification No….
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HEREBY DECIDES
Article 1. To approve the investment and
construction project with the following main contents:
1. The project name:
2. The project developer:
3. Investment and construction objectives:
4. Investment and construction contents and scale:
5. Invitation of bids for development of the
project:
6. Principal investigator undertaking development
of the project:
7. Construction location:
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9. Type and class of the construction work
(specifying type and class of main construction works belonging to the
project):
10. Number of designing steps:
11. Construction plan (basic design plan):
12. Technological equipment (if any):
13. Site clearance and resettlement plan (if any):
14. Total investment outlay:
Total amount:
Including:
- Construction cost:
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- Site clearance compensation and resettlement
cost:
- Project management cost:
- Investment and construction consultancy cost:
- Others:
- Contingency cost:
15. Financing source (specifying the proposed fund
allocation plan, depending on the project execution duration):
16. Project management form:
17. Project execution duration:
18. Useful life of the construction work:
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Article 2. Implementation.
Article 3. Responsibilities of relevant
bodies for enforcement of this decision./.
Sent to:
- As stated in Article 3;
- Relevant entities;
- Archives.
APPROVING BODY
(Signature, full name, title and stamp)
Sample document
No.05
Decision on
approval of construction design and cost estimate
(Issued together
with the Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Ministry of
Construction)
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.: ………………
………, date
(dd/mm/yyyy)……
DECISION
On approval of
construction design and cost estimate
(Approving body)
Pursuant to the Law on Construction No.
50/2014/QH13 dated June 18, 2014;
Pursuant to the Government’s Decree No. 59/2015/ND-CP
dated June 18, 2015 on management of investment projects;
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Based on the inspection result notification No….
Upon the request of …given in the report No….dated…
and the evaluation result notification No…. dated…;
HEREBY DECIDES
Article 1. To approve the construction
design and cost estimate (if any) with the following main contents:
1. Name of the construction work:
2. Belonging to the project:
3. Type and class of the construction work:
4. Construction location:
5. Contractor that undertakes preparation of the
construction surveying report:
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7. Principal investigator and leader that undertake
construction surveying, design and cost estimation:
8. The body undertaking inspection of construction
design and cost estimate (if any):
9. Scale and main technical specifications and
design solutions of the construction work:
10. Construction estimated value (if any):
(In words: …)
Including:
- Construction cost:
- Equipment cost:
- Site clearance compensation and resettlement cost
(if any):
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- Investment and construction consultancy cost:
- Others:
- Contingency cost:
11. Useful life of the construction work:
12. Other contents:
Article 2. Implementation.
Article 3. Relevant entities and individuals
shall be responsible for enforcement of this decision./.
Sent to:
- As stated in Article 3;
- Relevant entities;
- Archives.
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Sample document
No.06
Sample stamp for
evaluation and inspection of construction design
(Issued together
with the Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Ministry of
Construction)
SAMPLE EVALUATION
STAMP OF THE EVALUATION BODY
(Sample stamp
dimensions: width ranging from 4 cm to 6 cm; length ranging from 6 cm to 9 cm)
(THE EVALUATION
BODY’S NAME)
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EVALUATION
According to the
document No………../……..
dated
(dd/mm/yyyy)…….
Signature:
SAMPLE INSPECTION
STAMP OF THE INSPECTION BODY
(THE INSPECTION
BODY’S NAME)
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INSPECTION
According to the
document No………../……..
dated
(dd/mm/yyyy)…….
Signature: