Circular 11/2014/tt-Bxd: Regulating Public Information About Capacity Building Activities Of The Organization, Individuals Involved In Construction Activities

Original Language Title: Thông tư 11/2014/TT-BXD: Quy định công khai thông tin về năng lực hoạt động xây dựng của tổ chức, cá nhân tham gia hoạt động xây dựng công trình

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The CIRCULAR regulates public information about capacity building activities of the Organization, individuals involved in construction activities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 62/2013/ND-CP dated 25 June 2013 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 15/2013/ND-CP of June 2 in 2013 of the Government on the management of the quality of construction works;
Pursuant to Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction;
Pursuant to Decree No. 83/2009/ND-CP on October 15, 2009 by the Government about amending and supplementing a number of articles of Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction;
Pursuant to Decree No. 37/2010/ND-CP on 07 April 2010 the Government establishment, evaluation, approval and management of urban planning;
At the suggestion of the Director of building operations manager;
Minister of Ministry of construction issued a circular regulating public information about capacity building activities of the Organization, individuals involved in construction activities.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope this circular stipulates the provision, reception, review, publish, and manage information on the capacity building activities in the areas of: a) Established the project construction works;
b) project management of construction works;
c) planning design construction;
d) design verification of construction works;
specialized experiments);
e) monitor the quality of construction works;
g) inspection, quality inspection of construction works;
h) survey, design, construction and building works.
2. apply object a) organizations, domestic and foreign individuals in need of publicity information on the capacity building activities in the areas referred to in Paragraph 1 of this article on the territory of Vietnam;
b) state management agencies about building in the review and decided to publish information on its electronic information management;
c) Investor, the investor of reference information on the capacity building activities in the selection of the Organization, individuals involved in the construction activities.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. focal agency is the Secretary and Chairman of the provincial people's Committee, the city of centrally assigned reception, review, publish, and manage information on the capacity building activities of the Organization and individuals (hereinafter referred to as the Agency), including: a) in central agencies: the Bureau of building management is the clue of the Ministry of construction. Focal agency of the Ministry of construction management majors, the Ministry of public security, the Ministry of defence's subdivisions are assigned management function active capacity building;
b) construction is the focal agency in the province, the central cities.
2. Information on capacity-building activities: a) information on the capacity-building activities for the organization is the information on the business address, head office address; legal representative; the decision established; Business registration certificate; Charter capital; the number of officials and employees of the host institutions; the quality management system; a number of projects by type, the scale of the work has been done, the form of participation, the work performed, form rewarding;
b) information on the capacity building activities for individual is personal information such as full name, date of birth, permanent address; information about the professional qualification, the certificate of practice, number of years of experience in the fields of construction, projects have been implemented.
Article 3. Principles of public information about the capacity of the Organization, the individual construction activity 1. All information on the capacity-building activities by the organizations and individuals who provided must be accurate and honest. When there are changes to the information, organizations, individuals are responsible for providing information adjusted to the focal agency as defined in article 8 of this circular.
2. focal agency must consider, check when the need for information on the capacity building activities of individual organizations to publicize on electronic information page by the governing body.
3. All information on the capacity building activities of the Organization, individuals are published on the website of the Agency must be transferred to clue The construction (construction management Bureau) to consider the data integration, announced on electronic information page by Ministry of construction management as a basis for choice , individuals involved in construction activities within the country specified in paragraph 3 article 8 Decree 15/2013/ND-CP on 06/02/2013 of the Government on the management of the quality of construction works.
Chapter II PROVIDES, POSTING and INFORMATION MANAGEMENT CAPACITY BUILDING ACTIVITIES article 4. Provide the information the capacity building activities 1. The Organization, the individual building activity that demands disclosure of information about capacity building activity posted a registration, the registration file disclosure information and profile registration form published to clue the provisions of article 5 of this circular to be reviewed , published on the website of the Agency. The files sent to the organ the clue must be formatted (.pdf .doc .docx;;;;. zip;. rar).
2. Registration information disclosure statement form in the appendix to this circular, including: a) Addendum No. 01 for organizing information disclosure;
b) Addendum No. 2 for personal information disclosure.
3. Profile registration published, include: a) A primary copies the format (. pdf) papers of organizations: business registration certificate; investment certificates are issued according to the provisions of the law; registration by the competent authority of the country where the contractor granted citizenship in the case of foreign contractors;
b original copy of y) format (. pdf) papers of individuals: Diploma, certification training, licensure, employment contract of the individual presiding over the Division in the organization.
4. With regard to the Organization of construction activities abroad, then a registration, the registration capability profile and other relevant documents must be translated into Vietnamese and notarized or legalized consuls.
Article 5. Focal agency 1. Construction activity Management Department-Ministry of construction to receive registration information of organizations building activity directly; the Organization Of business and investment company capital management; the building activities organized directly under the Ministry of public security, the Ministry of Defence participated in the construction of works not in the fields of security, Defense; the organization operates under investment certificates; the building activities organized by the research institutes, universities and professional associations, management established; the construction activities organisation established in Vietnam have 100% foreign capital; the organization works to build overseas capacity announced participation in Vietnam; the Organization of construction activity in the focal agencies specified in clause 1 2 of this circular Thing but the bodies have not clue enough infrastructure to publish the information; the remaining objects not yet specified in paragraph 2 and Paragraph 3 of this article.
2. focal agency under the Ministry of transportation, Ministry of industry and trade, the Ministry of agriculture and rural development to receive registration information of the active organization which belongs to the Ministry of construction management.
3. Department of construction is clue to receive registration information of organizations building activity had the certificate of registration of the enterprises in the business registration Office-Department of planning and investment in the region and the construction of the personal certificate of practice except for the organizations subject to the provisions in clause 1 and clause 2 of this Thing.
Article 6. Disclosure of information 1. Within 7 working days from the date of receiving the application, the Agency's reception clue will inspect, examine the validity of the profile. Invalid profile case, the Agency only clue was reported once in writing to the organisation or individual wishing to publish.
2. check the focal agency, reviewed the records of publication of: a) the validity and accuracy of records;
b) actual capacity of the Organization, individuals in case of need.
During the test, if information about the capacity of the Organization, the individual discrepancy, the clue must have the required text personal organizer, explanations and provides edit information.
3. During 30 days from the date of receiving full valid information about capacity building activities by organizations, individuals provided, the agency responsible for the disclosure of information on its electronic information management and have announced confirmation text sent to the Organization , personally.
4. After the publication of information on electronic information page, within a period of 7 working days, the focal agency responsible for sending reports and files about the Ministry's focal agency building to organizational management, integrated public information about the capacity of the Organization, the individual building activity up www.moc.gov.vn information page of the Ministry of construction.
Article 7. Archive records announced 1. Focal agency is responsible for storing the profile published in accordance with the law to serve additional checks and information for publication.
2. An archive including the records referred to in item 2, 3, 4 Article 4 of this circular and the records adjusted, additional information.
Article 8. Change, additional information 1. 12 months or recurring during 10 working days, since the individual organizations has changed, adjust the record announced the Organization, individuals are responsible for providing information in writing regulators attached files are the format (.pdf .doc .docx;;;;. zip;. rar) to the focal agency.
2. In the period up to 20 working days, from receipt of sufficient information to adjust the profile, the clues are responsible to check information and post the information to the Organization, individuals on its electronic information management. Then, send the file and report immediately adjusted to the Ministry of construction to adjust.
Article 9. Posting of information management

1. The Ministry of construction announced on electronic information page for information about the capacity of the Organization, the individual building activity nationwide. The information at the www.moc.gov.vn page on the capacity building activities of the Organization, the individual as the basis for the selection of organisations, individuals involved in construction activities in the areas referred to in paragraph 1 of article 1 of this circular.
2. The Department build coordinated with departments: transport, Industry, agriculture and rural development in the process of testing, review of information management, personal organization has announced.
Chapter III IMPLEMENTATION article 10. The responsibility of the organization or individual providing information active capacity building 1. Implementation of the principle of providing the information referred to in paragraph 1 of article 3 of this circular.
2. legal representative of the organisation and the individual must take responsibility before the Agency leads and the laws about the truthfulness, accuracy of the information provided.
Article 11. The responsibility of the relevant agencies 1. The Ministry of construction is responsible for: a) check or coordinate with the Ministry of transport, Ministry of industry and trade, the Ministry of agriculture and rural development, Department of construction and management of specialized construction works in order to check local activities, review and disclosure the capacity building activities of the Organization individuals are prescribed in paragraph 2 and paragraph 3 article 5 of this circular;
b) receiving, checking information, data by the Agency's transportation Ministry, the Ministry of industry and trade, the Ministry of agriculture and rural development, the construction of the local provider to publish on electronic information page by the information management capability of the Organization, the individual construction activity nationwide;
c) regularly monitor, manage, check access, exploitation, operation, process information published about the capacity and activities of organizations and individuals in the country;
d) decide whether removed information capacity-building activities of the Organization, the individual breach announced on electronic information and recommendation by the management bodies of the Ministry of transport, Ministry of industry and trade, the Ministry of agriculture and rural development, the local building Department to remove the name of the Organization individuals violating on electronic information page by the bodies this focal management. Removing the information specified in article 13 of this circular.
2. The clue of the Agency of transportation, the Ministry of industry and trade, the Ministry of agriculture and rural development, local construction Departments are responsible for: a) hosted reception, guidance, published, examine the implementation of this circular for the Organization, individuals are the responsibility of management;
b) regularly monitor, manage, check access, exploitation, operation, process information published about the capacity and activities of the Organization, the individual referred to in Paragraph 2, paragraph 3 of the article 5 of this circular;
c) decide whether removed information capacity-building activities of the Organization, individuals violating on electronic information page by the governing body. At the same time to send results on The type information to coordinate building management.
3. The professional associations, organizations, individuals are responsible for timely reflection on the focal agencies if the information was announced by the Organization, individuals involved in the construction activities have changed, adjust or not accurate.
Article 12. Violations of individual organizations have published information 1. Providing information is not correct or change the information but not declared, according to the report. Violation of article 8 paragraph 1 of this circular.
2. Violate the law in construction activity has been declared in the judgment effect.
3. Join elaborate activities exceeds the capacity condition.
Article 13. Remove the information capacity-building activities of the Organization, the individual has to be published 1. Organizations and individuals involved in the construction activities have violations as defined in article 12 of this circular shall be notified in writing and on the pages of information have been published by the Agency.
2. Within a period of 60 days from the date of violation detection if the Organization, individuals do not, fix the damage caused by the infringement will be removed information that was published on the Agency's electronic clues.
Article 14. Handle forward the organizations are making the disclosure of information in accordance with decision No. 02/2008/QÐ-BXD dated 20/02/2008 Minister's building on the regulations to manage information on the capacity of the Organization to build on the information page of the Ministry of construction is responsible for adjusting the , provide additional information, the data according to the provisions of this circular and sent about clues to keep public information on the information Page of the Ministry of construction.
Article 15. Terms of implementation 1. This circular in force from 10/10/2014. Replacing decision No. 02/2008/QÐ-BXD dated 20/02/2008 Minister's building on the regulations to manage information on the capacity of the Organization to build operations through electronic information Page of the Ministry of construction. The content of published information that has been defined in a number of circular by the Ministry of construction issued contrary to the provisions of this circular are abolished.
2. After 30 days from the date of this circular effect, all information of the Organization has posted as specified in decision No. 02/2008/QÐ-BXD dated 20/02/2008 of the Ministry of construction is no longer in effect.
3. The Ministry of transport, Ministry of industry and trade, the Ministry of agriculture and rural development, the provincial people's Committee, the Department and the Department of building construction management majors and the Organization, individuals are responsible for implementation of the provisions of this circular.
4. in the implementation process, if there are obstacles, suggest the Organization, individuals send comments on The building for research, additional amendments accordingly.
 

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