Circular No. 03/2009/tt-Bxd: Detailing Some Of The Content Of The Decree No. 12/2009/nd-Cp Dated February 12, 2009 On The Management Of Government Investment Project Construction

Original Language Title: Thông tư 03/2009/TT-BXD: Quy định chi tiết một số nội dung của Nghị định số 12/2009/NĐ-CP ngày 12/02/2009 của Chính phủ về quản lý dự án đầu tư xây dựng công trình

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Pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;

Pursuant to Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction;

The Ministry of construction detailing some of the content of the Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction works (hereinafter abbreviated as Decree 12/CP) as follows: chapter I the PROVISIONS on DETERMINING the DETAILS of the OWNER; APPRAISAL of INVESTMENT PROJECTS, approving CONSTRUCTION of article 1. Identify the investor for the project using the State budget prescribed in point b, c paragraph 1 of article 3 of the Decree of 12/CP 1. For projects by the Minister, The agency heads, the President of the people's Committee of the level of investment decisions, the investment decision people assigned to the Unit Manager, use the work invested.

Unspecified case management unit, use the process or management units, the use of works that do not qualify for the organization implementing the project, the people decide the investment allocated to eligible units invested. Management unit, use the process responsible for election participants with assigned units invested in organizing projects, design, monitoring, management, and put the work into the harness, 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 owner is responsible for the layout of the unit management, use of works on the position suitable for participation in the management of the work outlined above ensures the effectiveness and goals of the project.

2. Cases not identified for delivery to the unit invested according to the regulations stated on the identification of the owner is made as follows: a). People simultaneously investment decision made.

b) Who decided to invest given its project management Committee decided to make the investor if the project management committee which has legal personality and may qualify the organization implementing the project or investment decisions people make mandated through a contract with a qualified organization invested.

Article 2. Evaluation of investment projects in the construction of the provisions of article 10 of the Decree of 12/CP 1. For projects that use State budget: capital a) after receiving the project profile of the investor, the project evaluator is responsible for obtaining comments on the basic design of the management of specialized construction works specified in paragraph 3 of this article and the comments of the agencies relevant to the project.

b) the evaluator General project evaluation content, comments to participate on the design basis and comments of other relevant agencies; reviews, reviews, recommendations, and decided to approve the investment project.

c) project evaluation period as specified in paragraph 7 article 10, Decree 12/CP, in that time consider commenting on the basic design and the opinions of the relevant authorities, from the date of receipt of application are:-no 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.

2. for projects using the other sources of capital: a) Who decided to invest himself held project appraisal. The evaluator of the project due to the investment decision.

b) When appraising the project investment decision people have to get comments on the basic design of the management of specialized construction works specified in paragraph 3 of this article and the comments of the agencies relevant to the project in accordance with the law.

c) review period for comments on the basic design and the opinions of the bodies concerned as specified in point c of paragraph 1 of this article.

3. The Authority join comments on the basic design of the construction management majors: a) for important national projects and the project group A, taking comments on the basic design are as follows:-industry join comments on the basic design for the projects of mine construction , oil and gas, power plants, electrical transmission lines, transformer stations, chemicals, explosives industry, machine building, metallurgy and other industrial projects, except industrial building materials.

-Ministry of agriculture and rural development involved comments on the basic design for the project to build irrigation, dikes and other agricultural work.

-Ministry of transport taking comments on the basic design for the projects of construction traffic.

-Ministry of construction involved comments on the basic design for the projects of construction of civil works, construction materials industry, urban infrastructure and investment projects to build other buildings due to the Prime requirements. Private investment projects for the construction of a civil works under 20 floors, the Department of construction projects taking comments on the basic design.

The project includes many different kinds of works, then The host taking comments on the basic design is one of The above functions to manage the process to decide the nature and objectives of the project.   

b) for Group B, C projects taking comments on the basic design are as follows:-industrial and commercial Departments join comments on the basic design for the projects of construction of mines, oil and gas, power plants, electrical transmission lines, transformer stations explosive materials, chemical, industry, machine building, metallurgy and other industrial projects, except industrial building materials.

-The Department of agriculture and rural development involved comments on the basic design for the project to build irrigation, dikes and other agricultural work.

-Department of transportation taking comments on the basic design for the projects of construction traffic.

-Department of construction involved comments on the basic design for the projects of construction of civil works, construction materials industry, urban infrastructure and investment projects to build other buildings due to the Chairman of the provincial people's Committee asked.

The project includes many different kinds of works, the Facilitator chaired join comments on the basic design is one of the above functions to manage the process to decide the nature and objectives of the project.   

c) for Group B, C projects by Ministry of industry and trade, the Ministry of agriculture and rural development, the Ministry of transport, Ministry of construction decided to invest, if in State Affairs Manager was himself considering the basic design, not opinions about the design of the facility management of specialized construction works referred to in point b of paragraph 3 Article This time.

d) for State economic corporations, if the Government Affairs State management in the field would then be considered the basic design of the project construction works in the field of investment decisions by themselves, not taking comments on the basic design of the construction management majors. For projects in other fields due to this group the investment decision must still get comments on the basic design of the management of specialized construction works specified in point a, b of this paragraph.

4. The responsibility of the participating agency comments on the basic design: a) the governing body of specialized construction work to look for comments and is responsible for the content of the provisions in paragraph 3 article 11 of the Decree 12/CP.

b) The management of specialized construction work when taking comments on the basic design does not charge a fee or fees. The project evaluator is responsible for allocation of project appraisal fee for participating agencies to appraise the project.

Article 3. Appraise, approve economic reports-civil engineering works prescribed in article 13 of the Decree of 12/CP 1. For the capital works budget: a) the investor held the design evaluation and estimation of construction drawings of works to the authority approved investment decisions. Where necessary, the owner can hire a consultant to survey as the basis for the evaluation of construction drawing design and construction estimates. The content of State management of the construction was done through the granting of a building permit.

Results evaluation of construction drawing design and estimation are established according to the model in annex 1 of this circular. 

b) economic report profile-civil engineering works (here abbreviated technical-economic report) by the investor the appraisals, including:-the evaluation of the technical-economic report form in annex 2 of this circular;

-Technical-economic report;

-Evaluation results report drawing design and estimation;

c) Person responsible investment decisions the organization assess technical-economic report before approval. The evaluator technical-economic report is the professional units subordinated to the investment decision.

d) time appraisal of technical-economic report no more than 15 working days.

DD) content evaluation of technical-economic report:-consider the factors ensuring efficiency, including: the need for investment; the scale; execution time; the total investment, the effect on social-economic.

-Consider the factors that ensure the viability, including: land use needs the ability clearance; the factors affecting the work as defence, security, the environment and the other rules of a relevant law.

-Consider evaluation results drawing design and estimation.

e) approval of the technical-economic report:-the first unit evaluator technical-economic report is responsible for applying the technical-economic report to the investment decision for approval.


Records the approval of the technical-economic report includes: sheets of the approval of the technical-economic report form in annex 3 of this circular; Profile of the investor the appraisals of technical-economic reports referred to in point b of paragraph 1 of this article.

-The decision to approve the technical-economic report according to the model in annex 4 of this circular.

Economic report-approved technical means competent investment decision has approved construction drawing design and estimation; the investor does not have to approve it again that just signed and stamped approval on the construction drawing design before construction.

2. for works using the other sources of capital: Who has the authority to order investment decision assessment organization, approval of the technical-economic report and take responsibility for the content of his approval. The content of State management on the construction will be done through the licensing of construction. 

Chapter II DETAILED RULES REGARDING BUILDING PERMITS article 4. Works do not have to apply for a building permit specified in point b of article 19 paragraph 1 of the Decree of 12/CP works do not have to apply for a building permit specified in point b of article 19 paragraph 1 of the Decree of 12/CP, include: 1. Construction work by not going through the municipality, but in accordance with approved building plans;

2. Works in construction investment projects were the Prime Minister, head of the Ministry, President of the people's Committee of the level of investment decisions; except only works for the technical-economic report.

Article 5. Temporary construction permit specified in clause 2 article 19 Decree 12/CP 1. The temporary building permit applies only for the Department had approved construction planning and announced but not yet implemented.

2. Pursuant to the nature, characteristics and duration of planning construction of each area, the provincial people's Committee specified scale was licensed to build a temporary accord with the actual situation of the locality.

3. in the temporary building permit content must specify the allowed time of expiry, the works specified in the temporary building permit if the State has not yet ground clearance, the works are allowed to survive until the State clearance to perform the planning , then the owner must manually dismantling works, if not coerced, then dismantling dismantling and the owner must bear all the costs for the demolition works.

4. The authority to grant temporary building permit as prescribed for the works please license the build is regulated in article 23 Decree 12/CP.

5. The compensation, clearance to perform the planning application under current rules; the building of a temporary construction licence shall not be compensated.

Article 6. About home building permits in rural areas 1. For the town centre, the town if the development of the town, but no construction planning, the district people's Committee to come up with regulations to make the base for the licensing and management of building construction order as specified.

2. The construction of the provisions in paragraph 3 article 21 Decree 12/CP is done according to the model in annex 5 of this circular.

The works are clearly the size and area of land occupied the House, works on the plot of land, about how to work around and the electrical connection point, communication, water supply with the construction of public infrastructure outside (if available). On the drawing must specify the host name, the address where the in-building location, and the name, address of the graph.

Article 7. Issued building permit specified in clause 1 Article 23 Decree 12/CP of the provincial people's Committee organized the construction permit or authorization for the Director of the Department of building construction license for the construction work prescribed in clause 1 Article 23 Decree 12/CP.

Article 8. Adjust the building permit provided for in article 24 of the Decree 12/CP 1. When in need to adjust other construction design with content building permit has been issued to: location of building construction, building construction background; the only red line, is just about building; building area; the total floor area; height works; number of stories (for works) and other content recorded in the building permit, the owner must please adjust a building permit before construction works according to content adjustments. Other changes not please adjust the building permit has been granted.

2. The Agency has granted a building permit is the agency competent to adjust building permit and be responsible for the content that allows adjusting the building permit. The content adjust building permit are additional notes on the "renew, modify," or by Appendix a building permit has been issued to the owner.

Article 9. Construction management for works that are free of construction permit specified in clause 1 article 19 Decree 12/CP of The construction works to be free of a building permit as specified in points b, c, d paragraph 1 article 19 of Decree No. 12/CP, before construction of the owner must submit a written notice of commencement day accompanied the drawings building, ground floor, main facade works for the Agency to have the authority to grant a building permit according to the hierarchy and social people's Committee said, to monitor and manage according to regulations. For the process to set up the project in addition to the documents mentioned above, have to submit the documents involved comments on the basic design of the construction management majors.

Article 10. Demolition of construction works specified in article 32 of the Decree 12/CP 1. The Authority decided to demolition works: a) the people's Committee issued decision demolition works to the clearance under the planning and building works are coercive dismantling in accordance with the law.

b) Investor, the project owner or Server Manager, use the work decided to demolish the work prescribed in clause 1 Article 32 Decree 12/CP.

2. dismantling approach works: a) The demolition works must be done by dismantling projects. The decision to demolish the work is responsible for approving demolition plans.

b) Who decide the demolition works has responsibility for the organization plans to hire consultants or demolition plans demolition works.

c) dismantling works projects must be measures, process of dismantling; the page-equipment for dismantling, shielding measures to ensure safety of life and property, security, environmental hygiene, order, progress, the cost of demolition.

d) The demolition works due to the unit having the capacity and experience. Units dismantling works are performed according to the approved demolition projects, ensuring the safety of people, property and the surrounding buildings. Before dismantling, demolishing unit must notify the social people's Committee and the owners of neighboring buildings know.

Chapter III DETAILED REGULATIONS GOVERNING INVESTMENT PROJECTS for CONSTRUCTION projects using the State budget, the investor base of the scale, the nature of the project and the actual circumstances, conditions of work, his unit to choose the form and organization of the project management for following suit.

For projects that use other funds then only encourage reference, apply.

Article 11. Direct owner form project management provisions of article 33 and article 34 of Decree No. 12/CP 1. The owner directly in project management is the form of the owner to use the apparatus of the organ, his unit to direct the Organization of the project management or project management delivered by his organization to manage specific projects such as the following : a) model 1: investors do not establish project management that use the existing machine to direct the Organization to manage the project. This model is applicable to small scale project has a total investment of under 7 billion, when the investor's concurrent was the management of the project.

b) model 2: the investor established project management to help yourself directly governing the project, in particular as follows: – the owner assigned to the existing project management committee to manage the add new project.

-The case of the project management committee we have not qualified to add the new project manager, then the investor established the new project management committee to manage the implementation of the project.

2. in case of application of the model 1, the client uses its legal personality to directly manage the implementation of the project. The investor must have decided to get involved in project management and assigned specific tasks, which must be the person directly in charge of the project management work. Those who are involved in project management work under part-time or dedicated mode.

3. in case of application of the model 2 must ensure the following principles: a) management project by the investor, the investor of the affiliated unit. The powers and duties of the Board of management of the project by the owner.

b) Project Management Committee have legal personality or use legal owner for organisations to manage the project.

c) organizational structure of project management, including the Director (or head of Department), the Deputy Executive Director (or Deputy Director) and the professional service. The structure of the project management committee to be consistent with the mission and ensure the project to be implemented on schedule, quality, and cost savings. The members of the project management work under part-time or dedicated mode.

d) A project management can be delivered simultaneously to manage many projects but must ensure each project is tracked, documented and timely settlement in accordance with the provisions of the law.

DD) project management activities according to the regulations issued by the investor, responsible to the owner and the law according to the tasks and powers assigned to it.


e) the owner must send is responsible for directing, urging, check project implementation management authority, the mission to ensure the project is done correctly the content and the schedule was approved. The owner is responsible for the comprehensive work in the missions, of their powers under the provisions of the law, including the work was assigned to the management of the project implementation.

4. The owner (in this case applied the model 1), project management (in this case applied the model 2) if qualified under the provisions of Decree No. 12/CP and the legal texts concerned are self made the work in the project as : creation, design evaluation, estimation; selection of contractors; construction supervision; quality control of construction works, ... Owner, hired project management organizations, individual consultants to perform the tasks in the scope of management of the project.

5. Project Management Board cases have legal personality and competences can be tasked to manage the project by the owner when the Agency instituted major project management is the investment decisions of that project. In this case, the level of investment decision must have decided to segment the specific mission and the issue of coordination between the investor and project management to ensure the project to be implemented on schedule, quality, and efficiency. After the completion of construction works, project management handed to owner mining, use. This type of project management may be getting bids to do project management consultants for the other owner if there is enough of the conditions prescribed by the law and be the Agency decided to establish project management allows.

Article 12. The form owner hired management consulting projects the provisions of article 33 and article 35 of Decree No. 12/CP 1. The owner hired a management consulting project is the form the owner signed a lease to another entity to do project management. In this case, the owner must undertake election, distributed simultaneously tasked for units in his staff to perform the tasks and powers of the owner and management of the implementation of contracts project management consultant.

2. project management consultant must have sufficient capacity to match the work assumed according to the provisions of Decree No. 12/CP of the Government on the management of investment projects in construction.

3. project management implementation of the content management project under a contract signed with the owner. Lease consultant project manager must specify the scope of work and content management; powers, responsibilities of counsel and of the investor.

4. project management consultant is responsible for organization and curator to directly perform the management tasks of the project according to the contract signed with the owner. Project management consultant must have written notice of the mission and powers of the person in charge and the direct consultation of implementation of project management for the owner to know and inform the other contractors and individual organizations concerned.

5. project management consultant be hired more organization, other individuals involved with making some part of the project management, but must be approved by owner.

Chapter IV RULES on HANDLING the FORWARD article 13. Handle forward the evaluation procedure, approval of investment projects in construction and the next job 1. Before the Decree 12/CP effect, the project construction has been appraised but not yet approved, the projects of building construction has been approved but not yet implemented or are incomplete, the implementation of the procedure was assessed not assessed again. The next step follow provisions of Decree 12/CP and the provisions of this circular.

2. for the project was approved before the date the Decree 12/CP effect, during project implementation, the case of the project to alter the basic design has been verified, the owner must report the decision of investment decisions. The project evaluator sent the records section to adjust the project to the State Management Agency to join comments on design basis according to the provisions of the Decree of 12/CP and the provisions of this circular.

3. The provisions on due diligence, approval, adjust the project construction investment in the Decree 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works other than the provisions of Decree No. 12/CP shall follow the provisions of Decree No. 12/CP.

Article 14. Forward processing of building permit the construction of the project construction works have been approved before the date the Decree 12/CP effect subject to a building permit, if applying for a permit to build prior to the Decree 12/CP effect is not made back the application for building permit according to regulations Decree 12/CP and the provisions of this circular.

Article 15. Handle transition on condition that the capacity for those who join the project management of construction works and The individuals involved in the management of projects as defined in paragraph 4 of the 12 Decree 36/CP Thing since 01/01/2010 must have professional certification of project management of construction works as specified.

Chapter V article 16 ENFORCEMENT TERMS. This circular replaces circular No. 01/2007/TT-BXD dated 14/02/2007 of the Ministry of construction guide some content about the creation, appraisal, approval of investment projects in construction; building permit and project management organization construction works specified in Decree No. 16/2005/ND-CP on 07/02/2005 and Decree No. 112/2006/ND-CP on 29/9/2006 by the Government.

Article 17. Effect 1. This circular has effect from the day 11/5/2009. The previous regulation on determining the owner; appraisal, approval of investment projects in construction; construction permit; demolition works; project management organization of investment construction contrary to the provisions of Decree No. 12/CP and this circular are repealed. 

2. During the implementation process if there are concerns, organizations, individuals submit comments to the Ministry of construction to consider, resolve./.

 





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