734/ct-Ttg Directive: On The Correct Management Of Epc Packages For

Original Language Title: Chỉ thị 734/CT-TTg: Về chấn chỉnh công tác quản lý đối với các gói thầu EPC

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Indicator of correct management of EPC packages for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ over the years, the application of bidding mechanism, including tenders, including tender bids in the projects using state capital in the form of EPC packages contributed to speeding up construction , shorten the duration of some projects, enhancing consistency, and improve the efficiency of management. However, the implementation of the EPC packages last time also revealed some exist such as: quality of the bid is still weak; estimate, the price of package was created yet close to the market price; the capacity, the experience of a number of EPC contractors limited, yet actually choose to be qualified contractors; the opportunity to participate of the contractors is also more limited; the management of foreign workers not properly; the monitoring by the owner has not yet seriously; duration of the contract many EPC packages was long. ... This problem led to the progress of implementation of the project, the work was delayed, the quality has not met the requirement, in particular the slow progress of the construction of the thermal power plants to make electricity shortages exacerbated, some transportation projects, sewer, sanitation in major cities causing delay in pressing the people , a major influence on the socio-economic development plan.
To enhance the efficiency of investment projects, work infrastructures, ensure energy security and promoting internal resources, improve the competitiveness of the local contractors, the Prime Directive: i. IMPLEMENTING the EPC PACKAGES Ministers, heads of ministerial agencies , Chairman of the people's Committee of the province, central cities, Chairman of the Board of the economic group, State corporations according to the tasks and functions within the scope of its management review and direct the implementation of EPC packages according to the following: 1. for contracts are made : a) strengthening monitoring ensure proper contract implementation plans, progress that contractors in the tender and the contract was signed;
b) taken seriously the handling of breach of contract for the slow progress, the behavior does not guarantee the quality of materials, equipment ... under the terms of an agreement and was committed to the provisions of the law of tenders, construction legislation and the provisions of other relevant laws;
c) taken seriously posting public information handled in violation prescribed;
d) specific reporting causes and economic damage due to the slow progress with regard to the contract of the project group A was slow compared to the plan from 6 months or more and have not made payment, submit to the Ministry of planning and investment to General, reviews.
2. for contracts in the period of the contract: a) scrutinize the terms of the draft agreement, in case the saw does not ensure the viability, effectiveness, the decision not to sign the contract;
b) clearly define the contractual sanctions strong enough to bind the contractor to ensure progress, the quality of the work, cost control in total investment (fine, stop and cancel the contract).
3. for projects, bid packages to be deployed in the coming period: a) When reporting feasibility study (project construction investment), investors need to keep abreast of the requirements of the modern, advanced technology equipment; accurately reflect the fluctuation and forecast of the price of equipment, supplies and commodities according to the market price in the country;
b) The owner, tender side when planning bid must consider dividing into EPC packages; the case could then split into a separate package such as consulting (E), provide equipment, supplies (P) and (C) the construction or split the package, providing supplies, equipment (EP) and construction and installation package (C) to create the conditions for businesses in the country could join the bidding and implementation package. Do not deploy the packages in the form of EPC when not actually needed. In case of strict compliance with the sync attribute in the implementation of the project in the form of the EPC in the tender should specify minimum requirements technically not lower than 90% of the total score (if reviews by the method of grading) or all the main standards are reached (if reviews by the method of achieving/not reached);
c) EPC packages case that likely the contractors make sure get over 50% of the workload shall not be held to international tenders that are tender in the water; for the most part, domestic technology equipment is not produced, then that can be done in 2 ways:-split technology equipment section into a separate package to organize tenders, international; in this case, the bid must express the binding commitment, close cooperation between the home built with foreign contractors in the country to successfully implement the project, ensuring synchronization of the project;
-Delivery contractors has awarded the organization selected subcontractors to provide special equipment to ensure quality requirements of modern, advanced; the selection of the contractor must have the approval of the owner.
d) case of EPC packages worth, a large scale requires diverse, complex technology in important projects of industries or national important projects, the sector Manager established the Scientific Council for economy-technique to study and propose methods of quality assessment (capacity , performance, operating costs, maintenance ...), and the lifespan of equipment throughout the life of the project, ensuring effective comparison between the types of technology equipment which the contractor solicits different when the international tender held stores, equipment and technology from abroad;
DD) strictly implement the use and management of foreign workers in accordance with the law on bidding and labor legislation.
4. Review the management team and the project owner, strengthen professional capacity training of procurement and project management, to ensure compliance with the professional requirements of the investor, on the bid, the bidding and expert individuals concerned according to the current rules at the same time enhance the sense of professional ethics, personal responsibility. Enhance the use of procurement professional organization to enhance the quality of the tender operation, ensure the selection of qualified contractors are, experience and reputation make package.
II. RESPONSIBILITIES Of The Ministries 1. The Ministry of science and technology, in cooperation with the Ministry of industry and trade:, resources and the environment, construction, transport, agriculture and rural development, information and communication technology standards, scrutinizing the industry make sure not to happen the import status of pirated technology of the world , only accepting advanced technology, environmental safety and have selected technology solutions ensure consistent with WTO commitments.
2. Industry chaired the summation, reviews the implementation of specific policy mechanisms for the electrical work according to the decision No. 1195/QD-TTg dated November 9, 2005 by the Prime where necessary, then the proposed adjusted accordingly.
3. The Ministry of construction, in cooperation with the Ministry of industry management review, recommendations to amend the relevant provisions on patent processing of breach of contract, breach of sanctions towards improving the sanctions limit the contract, ensure strict disposal with regard to the case of deliberately violating.
4. The Ministry of labour, invalids and Social Affairs research, proposed the amendment stipulates "foreigners working in enterprises, agencies, held in Vietnam from March, enough back up must have work permits" by regulation "foreigners working in enterprises, agencies and organizations in Vietnam must have a work permit" and the Department of labor, invalids and Social Affairs coordination with enhanced local police check, monitor the use of foreign workers on the field.
5. The Ministry of public security in coordination with the Ministry of Foreign Affairs directed the Immigration Bureau and the foreign authorities in the tightly controlled country granting immigration visas for foreigners; visa cases for 10 or more people to work in Vietnam in any form to the opinion of the governing body for investment or owner.
6. Ministry of planning and investment to review the proposals to amend the provisions of the law of tenders under the direction of the Prime Minister in writing the number 38/TTg-KTN on September 30, 2010.
III. IMPLEMENTATION 1. The Ministry of planning and investment to host, in cooperation with the Ministry of the industry monitor, the urge, test, inspection of the owner, tender side in implementing the right to this directive; the Prime recommendations handle the case does not make it true.
2. Ministers, heads of ministerial agencies, Chairman of people's Committee of the province, central cities, Chairman of the economic group, Members Of the company State, within his administration led the owner, tender side should seriously holds the spirit of this directive in order to ensure the effective implementation of the projects , important works, the country's industry.