Circular No. 84/2011/tt-Bnnptnt: Regulating Certain Content On Project Management Of Construction Works Using State Budget Funds By The Ministry Of Agriculture And Rural Development Management

Original Language Title: Thông tư 84/2011/TT-BNNPTNT: Quy định một số nội dung về quản lý dự án đầu tư xây dựng công trình sử dụng nguồn vốn ngân sách nhà nước do Bộ Nông nghiệp và Phát triển nông thôn quản lý

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The CIRCULAR stipulated some content about the project management of construction works using State budget funds by the Ministry of agriculture and rural development management _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Government Decree No. 01/2008/ND-CP dated 9 January 2008 functions, tasks , powers and organizational structure of the Ministry of agriculture and rural development and number 75/2009/ND-CP dated 10 September 2009 amending article 3 of Decree 1/2008/ND-CP of March 1, 2008 regulations the functions, duties, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant to the law No. 16/2003/QH11 on November 26, 2003;
Pursuant to the law the bidding No. 61/2005/QH11 on November 29, 2005;
Pursuant to the law amending and supplementing a number of articles related to basic construction investment of 38/2009/QH12 on June 19, 2009;
The Ministry of agriculture and rural development regulation some content about the project management of construction works using State budget funds by the management as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the sequences, procedures and responsibilities, powers of the Directorate, the Department, Service Department and organization, the individuals involved in the project management of construction works (hereinafter referred to as project) using State budget funds (budget focus which government bonds) issued by the Ministry of agriculture and rural development management.
This circular does not adjust for the ODA projects and forestry projects born by decision 73/2009/QD-TTg on 06/11/2010 of the Government of Prime Minister issued the regulations on investment construction and forestry.
Article 2. The object to apply The General Directorate, the Department, Service Department and the organizations and individuals involved in the management of the project construction works using State budget funds by the Ministry of agriculture and rural development management.
Chapter II the order and PROCEDURE of PROJECT CONSTRUCTION INVESTMENT article 3. Investment undertakings 1. Establish the investment policy: based on industry development planning, building planning approval, the proposed general plan of investment requirements of the unit, the opinions of related units and Vice Minister in charge of, the Minister decided to investment undertakings.
2. The authority approved investment policy: Minister of agriculture and rural development approved investment undertakings.
3. content approval decisions undertakings invest, including: name of the project; the name of the owner; estimated location construction; the mission; the scale of the project; capital investment projects; the evaluator and the assigned led The charge.
Article 4. Owner and project management organization 1. The investor of the project by the Minister when the decision for approval of investment undertakings. A project can have one or more investors.
2. for projects with many investors, the Ministry delivered an investor do clue has the task of synthesizing the whole project. The owner is responsible for comprehensive in scope is the management interface and is responsible for coordination with the owner assigned in the process of project implementation. The case owner assigned clue completed delivery of the previous settlement, the Department will assign a unit made the clue of the owner.
3. in the project phase of investment, the investor is delivered do clue has a duty to provide a profile of the project (the option selected, the range of use of the land, the work progress projects) for local base establishment support, compensation and resettlement.
Article 5. Set up investment projects, technical-economic report 1. The owner held up the outline (or tasks) for the work of survey design consultation phase investment project or technical-economic report is the opinion the agreement in writing of the evaluator before approval.
2. investment project content, technical-economic report to ensure that the requirements under the rules of the applicable law and the following requirements: a) matching plan for socio-economic development, industry development plan and construction planning and regulation of the law of environment protection : 52/2005/QH11 on November 29, 2005. The case is not in the project planning was approved by the authority, made under the provisions of paragraph 3 article 6 Decree 12/2009/ND-CP; to set the design and technology projects to have the basis of choosing optimal; safety in construction, operation, exploitation, use, safety, fire, explosion, storm, flood prevention and protection of the environment; ensure the socio-economic efficiency;
b) Have support, compensation and resettlement are approved according to the provisions of the law;
c) plans and funding for flooding prevention, synthesised in the other genera in total investment construction (if needed).
Article 6. Competent appraisal, approval of investment projects, technical-economic report 1. The General Directorate, Department, Service is the evaluator of the project was the Minister in the approval decisions undertakings investing.
The proposed evaluator assessment consultant (if needed) in the project stage to verify that a part or the whole content of the project, the people decide the investment decision, made pursuant to the owner to perform the next step.
2. The investor held the appraisal, construction drawing design estimation for technical-economic report before submission to the investment decision of approval.
3. The authority approved investment projects, technical-economic report: Minister approved the project group, the project is important for the development of the sector and assigned to the Deputy Minister in charge of approving the project.
Article 7. Adjust the investment project 1. Adjust the project construction investment.
Investment projects are only allowed when there is an adjustment in the following cases: affected by a natural disaster such as an earthquake, hurricane, flood, floods, tsunami, champion graphics or other unforeseen events; the appearance of factors of higher efficiency for the project; When planning the build changes directly affect the location, scale, nature and objectives of the project;
The case of the work or category of the work of the project design changes compared to the basic design was approved or have the volume generated exceeded the percentage (%) of backup cost volume of works or projects in the total investment of the project, the owner must report the investment decision review decision.
2. When adjusting the project owner must perform surveillance report, reviews the investment (excluding the projects do not have to perform monitoring, assessment of investment).
Article 8. Competent appraisal, approval of the design, estimating 1. The owner organizes appraisal, approval of the design, engineering, construction drawing design, financing consistent with the basic design has been approved and made the following provisions: a) for the problem was noted in the decision approving investment projects, to organize the report design solutions works with the evaluator to have comments before approval. For works that require complex technical or apply new technology investors must report the investment decision prior to the approval of the design;
b) for technical-economic report, the estimation of works at the same time as the total investment. Estimation of works including the compensation costs, support and resettlement (if any) and by the investment decisions of approval. The case of estimating need to adjust that value estimate does not exceed the value estimation has been approved, the owner of self evaluation and approval organization; the case of estimating value exceeds or adjust drawing changes the objectives, tasks, scale, location of the project has been approved, the owner must report the investment decision to review the decision.
2. cost estimation project phase: the owner is responsible for the organisation, evaluation and approval of the cost estimates together with the Mission (or the outline of survey design) stage set up investment projects consistent with the investment policy was approved by the Minister and prescribed by the law. Task and estimating this cost is the basis for investors to choose the contractor making the investment projects construction according to the provisions of the law of tenders;
Before the approval of the owner must report the Department (through the project evaluator) task or outline of the survey design.
3. After approval, investors sent the decision to approve the attached evaluation report and a full assessment of the Department (through the project evaluator) not exceeding 7 working days to sum up the track, check.
BIDDING chapter III article 9. Plan 1. The owner when to split packages in addition to the base technical properties, the sequence done, ensuring synchronization of the project, the need to ensure a reasonable scale package, consistent with the conditions of the capacity of local contractors, ensure maximum competition conditions for businesses in the country to receive the contract , created jobs for domestic workers.
2. the international tender held Only when the goods, materials, the equipment in water or domestic contractors do not meet the requirements of the package or in the water not enough production capacity. No international bidding organization EPC packages (package includes all of the design work, provision of equipment, supplies and construction) for the projects in which parts of the work that the contractor in Vietnam can join to provide services, goods, construction.
The owner may not use foreign laborers when domestic workers to afford to meet the performance requirements of package.
3. With regard to the value in the specified limits specified by government contractors, when suggesting contractor, the owner must clearly be urgency, specific specialization and guarantees the efficient contractor bidding by quantifying widely through the elements of : progress, quality, economy and socio-economic factors.
4. in case of need to adjust content bids in the tender plan, the investor must proceed the procedure to adjust the bidding plan under the provisions of the law.
Article 10. Preparation of tender 1. Owner, approved the bid, records requested:

a) tender must include these important requirements (prerequisites) as a base to remove tenders; tender, records required to be stamped before release; tender, records request is not specified the conditions to restrict the participation of competing bidders; need detailed instructions on specific ways and sealed tenders; tender rules have to be typed, printed by ink eraser, no page numbering in order continually and stamped by the contractor or the contractor representative between the adjacent page, snapshot of tenders must be taken from the original tender;
b) During bidding, records required to make a claim about the bronze Vietnam bids for the cost of the water; only allow bids in foreign currency with respect to the content of the cost (goods, services) are derived from foreign countries when in the country do not meet the requirement that the contractor must import from abroad;
c) in the decision to approve the bid, the profile required by the owner to have the details of the standard evaluation tenders, records suggest.
2. The owner must submit the decision to approve the evaluation report (both in file documents with the Times New Roman Font) of the Department (through the evaluator) to sum up the track, check after approval no more than 3 working days.
Article 11. Tender and contract 1. The owner was not tender when not present by construction progress and not yet have funding to make bids.
2. At the time of tender, the owner must approve the financing package as specified. The case of estimating packages (not including backup) increase is higher than the price of package was browsing in the bidding plan then this estimation will replace the price of package to consider bids which do not adjust the price of package in the bidding was browsing, with conditions beyond which lies within the limits of the percentage% of the value of items in total investment (including backup and backup volume slider reviews), if exceeding the value of items, the owner must submit the investment decision reviewed, approved before implementation.
3. The owner must submit a report on the open tender of Ministry (through the evaluator) to sum up, follow after the opening bid no more than 7 days.
4. The owner must send the decision approving the bidding results, results indicated the bid report reviews bids, proposals and record reports results for the evaluation of the Department (through the evaluator) to sum up, follow after the approval of not more than 10 working days.
5. A contract concluded between the investor and the contractor are the specific agreement of the cases was adjusted the contract, the contract price adjustment, the adjustment of the contract schedule, sequence, scope, method and base contract price adjustment.
In the course of performing the contract, if it is necessary to adjust estimation, design to suit the reality market and market prices, before signing the addendum to contract adjustments, additions, the owner must approve the plan for workload incurred and unit price adjustments; the case reviews the contract after adjusting the higher estimate of package plus (+) with the percentage (%) of the value of the corresponding item in the total investment (including backup and backup volume slider reviews) then the owner reported the investment decision reviewed, approved before implementation.
6. The owner is responsible for general contractors, list the objects concerned violated the law on tenders, on contracts in The report construction activity periodically.
Article 12. Check, solving petitions of tender 1. Check on bidding: the evaluator is responsible for chairing check on bidding of investors in the observance of the rules of the bidding.
2. Solve the petitions about tender: a tender Side) and the owner is responsible for presiding over the settlement recommendations about bidding in the jurisdiction;
b) the evaluator is responsible for presiding over the tackle on tender under the authority of the investment decision.
Chapter IV MANAGEMENT of the QUALITY, progress and CONSTRUCTION SAFETY article 13. Quality control of building survey 1. Before performing the work building survey, investors are held up and approval: the task of building survey, technical survey, built according to regulations. For the period of the investment project or technical-economic report, investors made according to the provisions in clause 1 5 of this circular.
2. The owner must conduct the survey monitoring construction according to the rules: a) organize regular monitoring force survey and management of records from the beginning of the survey until the completion of the work as defined;
The case of complex geology, topography, need additional survey compared to the approved outline then the owner reported the investment decision to review the decision;
b) organizing trials construction survey results according to the rules. After collecting building survey, the owner is responsible for records management, survey construction and preservation organization landmarks terrain system; the nõn model of geological drilling for the next step.
Article 14. Quality management in construction design 1. The owner held up, evaluation and approval of building design under the rules and take responsibility before the law on the quality of building construction design, including: a) the results of the evaluation, approval of the design, engineering, construction drawing design must be made in writing (assessment report the decision of approval), including the following: the suitability of technical design with the design basis, the suitability of the design of construction drawing design with the previous step; the rational solution of the structure; compliance with the building standards, standards are applied; the safety assessment process; the rationality of the choice lines and equipment for works that required technology; compliance with the regulations on the environment, on fire, fire, flooding prevention;
b) where the owner rent assessment advice part or all of the content on to as the basis for the evaluation, the assessment results are full of the content requirements. Design verification chaired and organized design verification consultant construction must guarantee and take responsibility before the law and the owner of assessment results;
c) for the design, equipment selection lines for technology equipment or animal varieties (collectively referred to as the goods): stage design, engineering, construction drawing design must take out quality standards for goods, provided the goods quality certification, quality management system of the goods , check the quality of the goods in the process of use;
Directory of selected goods in addition to fit the goals of the project, compatible with the system already have lines (for upgrading and improvement projects) have to meet the requirements of the standard, current rules;
d) as part of the profile design, engineering, construction drawing design, including: presentation design, the design drawings, survey related documents, maintenance works, construction estimation. The own water reservoir, the owner must establish processes to regulate water reservoirs, the process of operating the gate valves works before water reservoirs to operation organization to regulate the safety, efficacy and gathering records Commission.
2. The owner held up approval, appraisal, design, engineering, or construction drawing design consistent with the basic design. The case design, engineering or construction drawing design changes compared to the basic design, then follow the content specified in clause 1 7 of this circular.
Article 15. Quality control of construction works 1. The owner is responsible for governing the entire quality of the construction of the projects since the construction of console experience to when putting the work into use of quality assurance, performance and compliance with the current rules; responsible before the law for the damage caused by failure to comply with the full regulations on quality management of construction works.
2. management unit using works are responsible people involved with investors in organizing projects, design, monitoring, management, monitoring, testing and putting into operation works, use. Who was involved with the owner who will join the management, use or later works who have expertise consistent with the nature of the project. The case of new construction, does not yet have formal management unit using the owner reported the people's Committee (PPC) the central cities, where construction work on the area, to the PPC, the city appointed centrally managed unit to use the works and dispatched officers to join the managed monitoring.
3. safety management work in the construction process: investors coordinated with construction contractor make and maintain the work of the safety works in the process of building and neighboring buildings under the current rules.
Every year before the season, the owner must be held up approval, anti-flooding works and organizations make the safety works. Funding to implement the prevention of flooding for the works done under article 5 of this circular.
Article 16. Manage the progress of the construction works 1. The base project progress, progress in the tender, contract negotiation, a plan which was delivered, the progress of the clearance after the signing of the contract, the owner approval progress details for each item, each package.
a) for items, the new package, the owner held for approval a detailed construction schedule due to the contractor immediately after the signing of the contract.

As for the categories, there are package duration lasts to the year after, the owner held for approval a detailed construction schedule items, the volume left in January of every year;
b) after approval of the July days, not to exceed the investor sends the decision to approve the attached progress the progress (includes: detailed work progress, progress on the mobilization of manpower, equipment, and materials) of the Department (through the evaluator) to monitor, check, directing.
2. The owner is responsible for the organisation of monitoring progress of the construction works in accordance with a detailed construction schedule was approved.
Cases adjusted contract progress perpetuate progress and completion of the project, the owner must report the investment decision to review the decision.
Article 17. Delivery put the work into use.
1. Works, projects after the end of the construction quality assurance must be delivered to the management unit to ensure effective use and avoid damaged, degraded. The owner is responsible for handing the management unit for use according to the regulations.
2. using the management unit has the task of receiving the operation management process to ensure effectiveness. Particularly for the clue irrigation reservoir, the owner held level base and handed over to the management unit use and created the profile Ministries decided to test the provincial PEOPLE'S COMMITTEE (where the local work) according to article 8 of Decree 72/2007/NĐ-CP on 7/5/2007 of the Government on dam safety management.
Chapter V PAYMENT and SETTLEMENT Article 18. Payment of capital construction 1. The owner is responsible for the Organization, the payment volume to complete (including the volume generated) to the contractor under the contract and the synthesis report the investment decision about the results and disbursements of the monthly project.
2. The owner made the advance contracts for contractors and the recovery of the advance as prescribed. In other cases the owner must report the investment decision to review the decision.
Article 19. Capital construction investment 1. Settlement jurisdiction for the project by The investment decisions of Ministers delegated approval finalizing the project complete: Deputy Minister in charge of approving settlement projects of Group A and Group B project has a total investment of over 200 billion.
Director of finance approval finalizing the project group B has a total investment of under 200 billion and Group C projects by the Ministry of investment decisions (not including the Minister authorized for projects the General Director approves the settlement project by the subdivisions Bureau invested).
General Director of the General Department for approving settlement projects of Group B have total investment below 200 billion, the project group C due to the subdivisions Bureau invested.
2. Agency of project settlement verification completed for the project by the Ministry of investment decisions, Financial Services is the clue made project settlement verification complete (with the participation of the focal unit evaluation and Service Plan) before submitting The settlement approval (does not include the projects the Minister delegated to the Chief Directorate for approval finalization of the project by the subdivisions Bureau invested).
 General Director of the General Directorate of the organization undertaking the project complete settlement for the project was delegated to the Minister General Director approves the completed settlement.
Chapter VI PROVISIONS Enacted 20. Implementation 1. Service plans guide the unit the proposed investment projects, general investment policy and allocation of annual plan submission to the Minister for approval; in coordination with the focal unit project appraisal process of The approval of investment projects (including the new establishment and adjustment of investment projects); presiding over the establishment of the monitoring report, the overall assessment of investment of 6 months and a year to send the Ministry of planning and investment.
2. construction management Bureau a) guidelines, procedures for basic construction, including the task: creation, investment project evaluation of construction works; tenders (construction, consulting, procurement of goods); manage the cost of construction works; quality control of construction works and related regulations;
b) clue project appraisal, procurement plan project; test, urge investors on the progress, the quality of construction works; monitoring implementation, assessing investment; in collaboration with the Bureau, the Bureau, in the trials Commission completed the operation using the project construction investment was Minister of affairs;
c) chaired and coordinated with the units of the Ministry involved comments on the basic design of the project group A is delivered;
d) advised the Minister of management help the quality of building works in the scope of the governance;
DD) instructions, check the implementation of the technical-economic norms in basic construction investment; your organization, build The process evaluation, published or promulgated system technical-economic norms related to basic construction applied in the industry;
e) synthesize the work of tender, the management quality of construction work as defined in the investment project by the Ministry of construction management.
3. The Bureau, the Bureau of the first Ministry of Service, traffic management evaluator steer project implementation responsibilities: a) clue project appraisal, procurement plan project; test, urge investors on the progress, the quality of construction works; monitoring implementation, assessing investment; trials completed handed operation use the investment project was construction Minister;
b) chaired and coordinated with other units of The organization taking comments on the basic design as been;
c) instructions, check the implementation of the technical-economic norms related to basic construction investment in the range of majors in charge; your organization, build The process evaluation, published or promulgated system technical-economic norms characteristic applied in the industry;
d) report (through Service plans) results and monthly disbursements of investment projects was construction Minister;
DD) reported bidding, quality management of construction works under the provisions of investment projects by the Ministry of construction, Ministry of communication (through construction management Bureau to synthesize);
e) General Director of the General Directorate of the organization approved the settlement evaluation project completion was authorized Ministers.
4. Service personnel: host, guide and the General Directorate, the Directorate, the Service and the unit in The process of The establishment of the Steering Committee of A group project (if needed) and other organizations to help the Secretary of project management according to the legal provisions.
5. Science, technology and environment: the investor's guide the application of the standard, the national technical regulation as a rule; presided, along the General Directorate, the Directorate, the Service and the unit in The process of The establishment of the Scientific Council, the technical Council for the projects of building construction (if needed).
Chairing the evaluation the suitability and reasonableness with the current rules on technology, environment for the investment project stores the equipment, science and technology.
Guide and assess reports of environmental impact assessment for the project construction.
6. Financial Services have a responsibility to guide the work of capital construction investment in the State budget according to the level of the annual budget and the annual task of finalizing the project completion; implementation verification, approved project completion settlement be authorized Ministers.
7. The owner is responsible for implementing the provisions of this circular and the current rules.
a) perform reporting on the progress, results and disbursements by month, quarter, six months, in accordance with the provisions of the State and of the Ministry;
b) implementation report on the investment review: monitoring report, and the report when adjusted for the project; Quarterly report, 6 months and years the project group A back-up for the Ministry and the Ministry of planning and investment as prescribed;
c) recurring reports of bidding; General contractors, list the objects concerned violated the law on tenders, on contracts in construction activities; the quality of construction works: 6 months, years, end construction.
Article 21. Effect 1. This circular effect after 45 days from the date of signing. The regulations of the Ministry of agriculture and rural development, contrary to this circular are repealed.
2. During the implementation process, if there are obstacles to timely reflect the units of the Ministry in writing (via the construction management Department) to consider and resolve.