Pursuant to decision No. 02/2008/QD-TTg dated 7/1/2008 of the Prime Minister on the issuance of regulations of the investment project of building the Vietnam representative offices abroad and other agencies of Vietnam abroad;

Pursuant to Decree No. 15/2008/ND-CP on 04/02/2008 regulations on functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

The Foreign Ministry instructed some points on the management of the project construction of the Vietnam representative offices abroad and other agencies of Vietnam abroad (hereinafter referred to as the Vietnam authorities abroad) as follows: i. GENERAL PROVISIONS 1. Subject to the provisions in clause 2 article 1 of the regulation be directed as follows: construction investment project of Vietnam authorities in foreign countries using capital budget or capital budget of State origin include: 1.1. The new construction project; renovating, upgrading the existing facilities.

1.2. Project to buy home, buy land to build the Office and housing for officers and employees.

1.3. Project to buy land, buy houses in combination with build, renovate, upgrade.

2. Management principles prescribed in article 2 paragraph 1 of statute to be directed as follows: 2.1. The construction project of the Vietnam authorities abroad are managed under a number of provisions of the law of Vietnam consistent with characteristics of the project and the law of the country. Where there are different rules for the same problem then follow the rule of law.

2.2. for investment projects of other agencies of Vietnam abroad, before investment decisions must have the written opinion of the Foreign Ministry of investment undertakings. To base long-term plans and medium term have been the Prime Minister for approval and the actual situation on the construction of the Vietnam authorities abroad, the Foreign Ministry's comments about the investment policy of the investment project of Vietnam's other agencies overseas. Investment projects profiles according to the content of annex 1 of this circular.

II. SPECIFIC PROVISIONS 1. Owner, the task owner's rights stipulated in paragraph 3 of article 3 of the statute be directed as follows: 1.1. Owner: Is the overseas Vietnam Agency assigned responsibility to directly manage and use the capital to project implementation and management, use of works after the investment.

In the case of Vietnam authorities abroad are not eligible to perform the work, the owner, agency management agency of Vietnam in implementing foreign investment projects. As part of the investor's direct work of officials at the Agency of Vietnam abroad to perform the work of investors abroad and manage the work of the construction works.

1.2. in case the investor abroad, Government Ministry, agency management Vietnam abroad established an organization on behalf of the owner of the work done by the owner in the country.

1.3. The owner has the task and powers prescribed by the law of Vietnam, and must comply with local regulations since the project preparation phase, project implementation and delivery put the work into use. The owner is responsible for the work in the missions, of their powers under the provisions of the law of Vietnam and the country.

2. investment plan provided for in article 4 of regulation be directed as follows: 2.1. Long term investment plan and medium term: 2.1.1. Pursuant to the strategic orientation, long-term plan of international cooperation of State, Ministry of Foreign Affairs and the ministries to plan long term and medium term (5 years) about the construction headquarters of the Vietnam agency abroad.

2.1.2. mid-term and long-term planning on the construction headquarters of the Vietnam overseas agencies are divided into two categories:-the Vietnam agency headquarters abroad by the Ministry, the investment management industry.

-Based agencies of Vietnam abroad but is a Department located in the Vietnam representative offices abroad because of the foreign investment management.

2.1.3. The Foreign Ministry:-planning long-term and medium-term investment in the construction of the headquarters of the Vietnam representative offices abroad, including other agencies Office of Vietnam abroad but is a Department located in the Vietnam representative offices abroad because of the foreign investment management.

-General planning long-term and medium-term investment in the construction of the headquarters of the Vietnam agency overseas, including the headquarters of the Vietnam representative offices abroad because of the foreign investment management and other agencies of Vietnam abroad due to The industry, investment management; opinions joined by the Ministry of planning and investment, Ministry of finance; the Prime Minister's approval.

2.2. annual investment plan: 2.2.1. To base long-term plans and medium term about building the Vietnam agency headquarters abroad has been approved by the Prime Minister, the Ministries having competence in project investment management investment planning every year according to the current rules on the planning of investment projects in the State budget; Council sent the Foreign Ministry to aggregate, track.

2.2.2. after a decision of the Prime Minister delivered the State budget estimation, the ministries allocated which details each project has enough investment procedure, sent the Foreign Ministry, the Ministry of planning and investment to follow; Send The payment to Financial capital.

2.2.3. The projects deployed capital in the annual plan must have enough investment procedures according to regulations. Investment procedure necessary can be perfected in the years of planning, not required to be approved before 31 October of the previous year.

2.3. for the necessary investment projects in the plan but not yet have categories in the investment plan to build the Vietnam authorities abroad to 2015 has been approved by the Prime Minister, the Ministries consult with related ministries, conduct the necessary investment procedure the Prime Minister, to review the decision. Then perform the procedure as the above steps.

3. Establishing, assessing, approving investment projects.

3.1. Establishment of the project are specified in clause 1 article 5 of the regulation the following instructions:-the investment project profiles defined for each type of project: the project to new construction, renovations, upgrading the existing facilities: including part presentation and part design.

+ Project to buy home, buy land: only the presentation part.

The project to buy land, buy houses associated with the build, renovate, upgrade: including part presentation and part the basic design for the building, renovate, upgrade.

The project should ensure the requests mainly about project content, design ..., as defined in the legal texts concerned.

The owner can perform or consultancy organizations hire project. The owner is responsible for legal and quality of investment projects.

3.2. Evaluation and project approval prescribed in clause 2 article 5 of the regulation are as follows:-Guide The projects total capital (rules of Exchange) from the 10 million or more: the ministries have projects hosted evaluation, the prime investment decisions.

-Projects with total capital (foreign exchange rules) under $ 10 million: the ministries have organized project evaluation and investment decisions.

-For the project to buy houses, land, the approval of the project was made after the agreed principles of competent authority country of purchase, the land and house purchase price, expected to land between the investor and the seller; the total investment was temporarily on the basis of the expected price and approved on the basis of the official price of house purchase, the land is stated in the contract signed between the investor and the seller. The owner was only contracted to buy, sell houses when the investment project has been approved by the authority.

-The owner is responsible for the Organization and the project profile submitted to the project evaluator. The project evaluator's professional unit affiliated to the investment decision. The evaluator of the project appraisal organization before the person who has the authority to approve investment decisions.

-The profile project evaluation includes: the project assessment Sheet + according to the model in annex 2 of this circular.

+ The project of investment.

+ The legal text in the country and abroad.

-Unit project evaluator is responsible for receiving the project profile of the client and sent to the relevant authority to consult (if needed).

-Unit project evaluator in accordance with current building legislation. Then sum up the opinions of the relevant authorities (if necessary) reviews, reviews, recommendations, and decided to approve the investment project.

-Project approval process records include: project process Sheets + according to the model in annex 3 of this circular.

+ Records of the owner to appraise the project.

+ The writing involved the evaluation of competent authorities related to the project (if any).

4. The work of the design, estimating, building permit: 4.1. Design work prescribed in clause 1 article 6 of the regulation be directed as follows:-the new construction project; renovated, upgraded a total investment level (rules of Exchange) from the 10 million or more to design three steps, including: basic design, design, engineering, construction drawing design.

-New construction investment projects; renovated, upgraded a total investment level (rules u.s. dollars) under $ 10 million to design the two steps, including: facility design, construction drawing design.

-Investment projects in home buying, land purchase: no step design but must have the documents, drawings by hand.

-The project of the land purchase, buying a House associated with the build, renovate, upgrade: constructing part must depend on the value of part improvement to design one step, two step or three steps for the build, renovate, upgrade.

The design of the building comply with building standards, construction technical standards issued by the State, except to apply the standard rules of building and construction engineering standards of the country.

Consulting design build (including organized in Vietnam) must perform the work of the author supervision during the construction process.


4.2. Estimating the provisions in clause 2 article 6 of the regulation are as follows:-Guide to the preparation, approval and management of the estimation, the total investment made under the provisions of the law about the cost management of construction works, and to be consistent with the provisions of the country in the authority for approval. Specifically about the norms, unit price estimating need regulatory bases and characteristics of water in there projects.

-For property purchase project: no need to estimate and total; the base total investment approved and contracts to buy homes, the land was signed to implement management.

4.3. Evaluation, approved construction design and total-investor advisory organizations hire construction design and evaluation of estimation according to the regulations of the country in investment projects, send the project to gather clues to unit and sent to the relevant authorities to obtain comments (if necessary). Comment clue Unit reviews, recommendations, the Authority decided to invest in building and design approval of estimation.

-If no condition evaluation in country, the investor submitted the design and total unit to the clue. Clue unit design organization. In case water does not have the key of the estimation, the owner is responsible for the accuracy of the total estimate. Clue unit gathered and sent to the Agency to take comments (if necessary), recommendations, the Authority decided to invest in building and design approval of estimation.

-Profile process of building design and total (if countries have evaluation units design and estimation) including: + sheets of construction design evaluation process and of the estimation form in annex 4 of this circular.

+ Building design profile and total works and results evaluation.

+ The legal text in and out of the country concerned.

-Your profile approved construction design and total estimate includes: + profile design and construction total (if countries have evaluation units design and estimation).

+ Sheets of the approval of the design and construction of the estimation form in Appendix 5 of this circular.

+ The text of comments involved authorities in relation to building design and total (if any).

-Based on the design and approval process-sheet total of the clue, the Authority decided to invest will decide will review building design and total according to the model in annex 6 of this circular.

4.4. construction permit specified in clause 3 article 6 of regulation guide are as follows: the investor is responsible for implementation of the issues related to applying for a building permit, the permit of industrial safety, fire, sanitation and other necessary licenses guarantee according to the provisions of the country in investment projects.

4.5. the disposal arising in the process of construction is specified in clause 4 Article 6 of the regulation the Guide as follows: in the process of construction, if there arises the need to modify the design, estimating, but does not change the scale and total works have been browsing the owner review decisions and take responsibility for his decisions. In case of need to change the design, estimating change scale, target and exceeding the total investment of the project was approved, the owner must report the decision of investment decisions.

5. insurance: the owner made the problems related to the purchase of insurance for the work, ensuring the country's regulations have investment projects.

6. selecting the contractor to design, construct the provisions of article 7 of the Statute are guided as follows: the investor holding the selection of contractors on the basis of competence, experience, competitive prices and have legal personality fit with the legal provisions of the country in investment projects. The owner made the reviews ensure the choice was the contractor that best meets the requirements of the project proposed, the authority for approval.

7. The construction of the provisions of article 8 of the regulation be directed as follows: a) the owner must fulfill the rules of construction. Management of construction works, including: construction quality management (building survey, quality of design, quality of construction, maintenance and upkeep of buildings);

b) investor choice forms to manage the construction of suitable according to the scale of the project and the power of the owner. Investors can directly make managing the construction work. Case the investor incompetent management of the construction could sign the lease all or part of the work management of the construction;

c) Organization, the individual was the owner hired to perform consulting services, project management, construction supervision, law advice, must have proper license provisions of the country in investment projects. The owner is responsible for the quality and progress of the signed contract with the consulting unit.

8. payment and payment of capital specified in article 9 of the regulation are the following instructions: follow the instructions of the Ministry of finance.

9. Responsible for the management of the agencies specified in article 10 of regulation be directed as follows: 9.1. The ministries made the management of investment projects in Vietnam authorities in foreign jurisdiction under the provisions of this regulation and the provisions of relevant laws; To perform monitoring, testing, synthesis and guide the owner in the management of investment projects implementation in accordance with the regulations.

9.2. Every year, the ministries reported the results of the investment construction projects of other agencies of Vietnam abroad for the Ministry of planning and investment and the Ministry of finance to the General and the Prime Minister's report.

III. IMPLEMENTATION 1. This circular has the effect after 15 days from the date The report.

2. During the implementation process, if there are obstacles to suggest reflection on the Foreign Ministry to guide, revised and supplemented accordingly./.