Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law No. 16/2003/QH11 on November 26, 2003 of the National Assembly;

Pursuant to the law amending and supplementing some articles of the law concerning the basic construction investment of 38/2009/QH12 on June 19, 2009 by the National Assembly;

Considering the recommendation of the Minister of construction, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction works as follows: 1. the last point a supplementary paragraph 3 article 2 as follows: "article 2. Project classification and state management for the project construction investment 3. In addition to the provisions in paragraph 2 of this Article, then, depending on the resources used for the project, the State also managed according to the following rules: a) for capital projects budget including the project component, the State manage the entire construction process from the identification of investment undertakings , projects, investment decisions, set design, estimation, selection of contractors, the construction until the trials, hand over and put the work into use. The investment decision is responsible for arranging financing according to the progress of the project, but no more than 3 years for the project to group C, not more than 5 years for the Group B project. "

2. Paragraph 1 article 10 be amended and supplemented as follows: "article 10. Competent appraisal of investment projects construction 1. The decision of responsible investment project appraisal organization before approval. Focal project appraisal is the unit directly under the professional-level investment decisions. The project evaluator is responsible for sending the project to obtain the opinion of the governing body; the State administration of building and other agencies related to the project in order to assess the project. Investment decisions people can hire consultants to verify that a part or the whole content specified in paragraph 1, item 2, item 3 article 11 of this Decree.

Time review of related agencies, since the date of the project is:-not more than 45 days for important national projects;

-Not more than 20 working days for A group project;

-Not more than 15 working days for the Group B project;

-Not more than 10 working days for the project group.

So the time limit stated above, if the agencies had no idea shall be regarded as agreed and must take responsibility for its management.

For the project to construct buildings within the municipality by the State Agency has the authority to approve the investment decision must take the comments on the basic design of the competent State agencies before approving the project. For other projects, the opinions of design basis due to the investment decision to decide when necessary.

Clue unit is responsible for sending the project to get comments on the basic design of the management of specialized construction work prescribed in clause 6 of this Article. Participating agency comments on the basic design are entitled to 25% of the cost evaluation of the project. The Ministry of Finance issued guidance documents make this rules.

For the project were decentralized or delegated the investment decisions are decentralized or delegated the decision of responsible investment project appraisal organization. "

3. Item 1 and item 2 article 14 be amended and supplemented as follows: "article 14. Adjust the project construction investment 1. The project construction works have used 30% of the State capital back up to be adjusted when there is one in the following cases: a) is affected by a natural disaster such as an earthquake, hurricane, flood, floods, tsunamis, fires, pest or other unforeseen events;

b) appears the elements bring greater efficiency to the project;

c) When planning to build changes directly affect the location, the scale, the goal of the project. "

2. When adjusting the project to alter the location, the scale, the project's goal, exceeding the total investment has been approved, the owner must report the investment decision the decision; project adjustment case does not alter the location, the scale, the goal of the project, not exceeding the total investment, the investor is to decide. The content of the project adjustment must be appraised before deciding.

Project adjustment case is inconsistent with the master plan the master plan, construction industry was the State Agency has the authority to approve, they must take the opinion of the Agency. "

4. Article 15 be amended and supplemented as follows: "article 15. Examination, selection of the architectural design of buildings 1. The public works have large scale, require particular architecture must be the investment decision to decide the choice of forms of exam or a selection of architectural design works, including: a) The large-scale public works level I, level in particular;

b) works of architecture specific requirements include:-the iconic works, works, works highlights being built in the position to have a direct influence on the appearance of landscape architecture, municipality or public works that requires particularity as international border gate, the monument , broadcasting centre, the central railway station, the air terminal;

-Works require formal architecture, representing the power as the headquarters of the party, the State, the political-administrative center of provincial level;

-Traffic in the municipality have high aesthetic requirements;

-Works as a symbol of cultural and historical traditions have special thought important for local.

2. In addition to the works prescribed in paragraph 1 of this article, for other works, the owner decide the examination or selection of architectural design works.

3. Costs for making examination, selection of architectural design works are included in the total cost of the project.

4. the authors of works of architecture design be selected via examination or selection is the copyright protection and favor negotiations, signed a contract to establish investment projects in construction and building design as author of architectural design are eligible under the regulation. The case of the author of architectural design does not qualify the capacity it can with design consultant organization eligible capacity to negotiate the contract with the owner.

If the author of the chosen architectural design refused to implement the investment project construction and building design, the owner held other contractors selected under the provisions of the law. "

5. Paragraph 3 article 20 be amended and supplemented as follows: "article 20. Application for construction permit and urban housing 3. Design drawings show the location of the premises; sections, the main facade; side by side, cutting the nail works; location or online works (for works by); the system diagram and technical connection points power supply, water supply, drainage, sewage. Particularly for works of repair, restoration requires a building permit, you have the snapshot of the status quo. "

6. Article 23 paragraph 1 be amended and supplemented as follows: "article 23. The authority to grant a building permit.

1. the people's committees of provincial level organizations building permit for the construction of special levels, level I, level II; religious works; works of historical-cultural; monumental buildings, murals in the administrative boundary management by themselves; the works on the line, the axis of the main street in town; works of the project have foreign direct investment; the work of the project and other projects by the provincial people's Committee rules. "

7. Point a clause 2 and clause 4 Article 36 be amended and supplemented as follows: "article 36. General provisions on condition that the capacity of the Organization, the individual 2. The Organization, individuals participating in the following areas must have sufficient capacity conditions: a), investment project evaluation of construction works; valuation of construction;

4. Individuals assumed the title Chairman, presided over the design of specialized construction plan; Chairman, presiding over the building design; the Chairman of the building survey; supervision of construction works must have a certificate of practice under the rules. Individuals involved in the project manager must have professional certification of project management of construction works. "

8. additional terms of 5 to article 57 as follows: "article 57. Implementation 5. The Ministry of planning and investment guide on conditions, the capacity of the Organization, individuals involved in evaluation of investment projects in construction. "

9. the abolition of article 4 to article 2. Effect 1. The Decree has effect as from December 1, 2009.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.