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775/qd-Nhpt Decision: On The Enactment Of Regulations On Construction Management In The System Of Vietnam Development Bank

Original Language Title: Quyết định 775/QĐ-NHPT: Về việc ban hành Quy định về quản lý xây dựng công trình trong hệ thống Ngân hàng Phát triển Việt Nam

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The decision on issuing regulations on construction management in the system of Vietnam Development Bank _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ceo of Vietnam Development Bank pursuant to the law No. 16/2003/QH11 on 26/11/2003 by Congress;
Pursuant to the law the bidding No. 61/2005/QH11 on 29/11/2005 of National Assembly;
Pursuant to Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction; Decree No. 112/2006/ND-CP on 29/9/2006 by the Government about amending and supplementing a number of articles of Decree No. 16/2005/ND-CP on the management of the project construction works;
Pursuant to Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works; Decree No. 49/2008/ND-CP dated 18/4/2008 of the Government revising, supplementing a number of articles of Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works; Decree No. 58/2008/ND-CP dated 10/5/2008 of the Government Procurement Law Enforcement Guide and selection of building contractor construction law; Decree No. 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works; Decree No. 03/2008/ND-CP dated 7/1/2008 of the Government about amending and supplementing a number of articles of Decree No. 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works;
Pursuant to decision No. 110/2006/QD-TTg dated 19/5/2006 of the Prime Minister approving the Charter organization and operations of the Vietnam Development Bank;
Chief's proposal to manage the property and construction sector, Cabinet decision: article 1. Attached to this decision rules of construction management in the system of Vietnam Development Bank.
Article 2. This decision is effective from the date of signing and replacing decision No. 561/QD-NHPT on October 30, 2007 by the General Director of Vietnam Development Bank.
Article 3. The heads of the units and subordinated to the Vietnam Development Bank is responsible for the implementation of this decision.
Regulations on management of construction investment in the banking system development in Vietnam (attached to decision No. 775/QD-NHPT on December 2nd, 2008 by Director General of Vietnam Development Bank) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ chapter I General provisions article 1. The object to apply the project construction works (repair, renovate, upgrade and new construction) in the banking system development in Vietnam (NHPT) used the State budget (GOVERNMENT EXCESSIVE), capital development (ĐTPT) and the other capital of NHPT.
Article 2. Basic principles-unified management, centralized, tightly and make the correct sequence of construction according to the provisions of the law on investment and construction.
-Make the right investment purpose, suitable sector development plan has been approved; use the investment capital in accordance with the regulations of the State, improving the efficiency of investment, savings, practice against waste.
-A clear delineation of powers, responsibilities of the level, the unit concerned and the owner in the process of implementing the investment construction.
-The issue is not mentioned in this regulation made under the current rules of the State.
Article 3. Hierarchy in project management of construction works 1. All investment projects in construction NHPT system must be approved by the Director General of investment undertakings.
2. The Director General (or authorize a Deputy Director General in charge of the construction sector) approved the investment decision and the next steps for the project construction have a total investment of 100 million words and over NHPT system.
3. The Heads of subdivisions (the owner) approval of economic reports construction techniques and the next steps for the project construction have a total investment of less than 100 million.
4. The Director General may authorize the heads of subdivisions approved economic reports construction techniques and the next steps for the project to renovate, repair, upgrade the headquarters has a total investment from 100 million to 2 billion, depending on the level and the capacity of each unit.
5. for the projects authorized in the investment decision of the Director General: Delivered owner approval survey mission, estimation, survey construction and technical survey of the building (after the President's approval), approval of the bid, the profile required , approved the results of selection of contractors for bids package price is under 2 billion and signed contracts in construction activity.
For the project by NHPT invested, General Director of the authorization contract in construction activity for each specific case.
Article 4. The responsibilities of the units belonging to NHPT 1.  Management of the property and construction industry insider (QLXD):-Chief of staff, helped General Manager in supervising, managing, urging investors to organize the project.
-The construction industry development master plan of NHPT system in each period reported the Director General of the Board of management (HĐQL) for approval.
-General construction plans, construction investment (XDCB) of the whole system; General and reporting the implementation of XDCB investment plan the system periodically and annually according to the rules, recommendations to adjust the plan to the Director General to review the decision.
-Inform the approved XDCB plan for the units and individuals concerned for implementation.
-Hosted, in cooperation with the information technology centre (for projects with investment categories computer network) the Organization verifies the basic content of the preparation, implementation and end of project investment. Proposed measures to remove the obstacles arising during project implementation.
-Hosted, in collaboration with internal inspection Board (KTNB) and financial accounting Board and Vault (TCKT) in the work of checking the content industry XDCB project at NHPT units.
-Chairing, reports the content relevant to the work of the civil XDCB the industry with state management agencies when required.
2. Accounting and finance Fund (TCKT):-join the XDCB investment plan every year and according to the stage of full NHPT system.
-Join construction undertakings, the transfer of land use rights, Office ... of Headquarters and subsidiaries.
-Join the investment capital verification works, construction projects completed for the project investment decision under the authority of the Director General.
-Balancing the investment capital of the entire system to build annual investment plan and according to the stage of full NHPT system.
-The level of the advance payment and funding for the owner in the process of construction of the project.
-Participate in the work of checking the content industry XDCB project at NHPT units.
3. The Center for information technology (it):-organization design, estimation category of computer networks (for projects with investment categories computer network) the Director General for approval; monitor and guide the owner in the construction management process in computer networking.
-Join the computer network systems test before put into use.
-Participate in project settlement verification completed (for content related to the computer network).
4. internal inspection Board:-chaired, coordinated with the Board of QLXD the Director General approved the plan to check the work of the annual XDCB NHPT system.
-Participate in the work of checking the content industry XDCB project at NHPT units.
-Perform unscheduled inspections at the request of the Director General.
Article 5. The investor for the project's construction headquarters, NHPT is the owner. The Board of investment projects in the headquarters unit was General Manager of mission delivered owner.
As for the other projects implemented in the province, the city would then be assigned units managed to use close in geographical works as the owner. Special cases by the Director General to review the decision.
Article 6. The responsibility and authority of the owner the owner is responsible for managing the project, from the preparatory phase of the project, the project to when collecting handed putting works into the harness used to ensure effectiveness and compliance with the provisions of the law. Specifically the following: 1. To manage and implement the project in accordance with the approved content in investment decisions and other decisions in the process of implementing construction investment.
2. Perform the responsibilities and authority of the owner under the provisions of this regulation and the provisions of the State on the management of construction works.
3. Approval of the steps in the process of investment project under the authorization of the Director General (if available).
4. Full report project implementation with ceo NHPT and bodies of local function 5. Responsible to the Director General about NHPT results implement the work assigned are relevant to the work of XDCB; Compensation for damage caused by using inappropriate consultation with project capabilities conditions construction works; To perform the evaluation, not as prescribed cause damage to quality and project progress.
Chapter II specific provisions article 7. Management of the new construction project in NHPT system must conform to local building planning and development planning of industry NHPT.
The case arises not yet in project planning was the browser before the establishment of investment projects in construction, the QLXD reported General Director HĐQL additional approval processes that project into the planning.
Article 8. Conditions of the layout plan of annual capital investment every year in October, the units and subordinated to NHPT needs XDCB XDCB investment planning of the following year sent to Headquarters.
For the project at the stage of preparation of investment: must match the construction planning and development planning of industry NHPT; the text must be allowed to conduct projects of General Director NHPT; project preparation costs investment.

As for the projects in the period of investment realization: must have decided to invest from the time before 31 October of the year preceding the year of planning, design, and the estimation of estimation.
Article 9.  Establishment and general plan annual investment of 1.  Construction phases and plans registration:-based on the requirements of planning, capital planning for the following year of his unit, sent NHPT headquarters.
-Deadline for registration of capital investment annual plan of October every year, the registered investment capital plan as part of the annual financial plan of the unit.
-Contents include: plan registration + listing investment preparation projects and projects under construction (to specify the content and expected level of investment capital in the year of each project).
+ The progress of preparation and execution of the project.
(Registered investment plans according to the model: II. BCN accompanied this provision).
2. General, capital investment plan balance: QLXD Committee chaired, coordinated with the Board of aggregate TCKT capital construction plan of the unit, balance and capital planning for system-wide reports Of the Director of the HĐQL approval.
The annual investment plans of the whole system is completed in November of the year before the plan to the Director General of the HĐQL approval.
3. Notice of the planned investment: investment plan base is approved, the Board of HĐQL QLXD draft capital plan announcement to the membership the Director General for approval. Include the norms:-portfolio investment recorded investment plans.
-the content and the level of capital investment in the project plan.
-capital investment in the plan. 
Article 10.  Adjust, additional investment plan 1.  The case has arisen outside investment project plan, or need to adjust the content, the scale for the project have been credited to the plan, the investor must make the procedure the Director General review, approved before deployment and make investments. The investment plan after the adjustment, no additional capital investment plans for the year have been approved by HĐQL.
 2. The owner not be arbitrarily adjusted or additional content investment or portfolio investment in the investment plan of the year has been approved by the authority.
3. in case of sudden, General Director of additional plan only once in September of the year; the record capital investment plans for the transition project based on the progress of project implementation and investment needs of the project in the year of the plan.
4. Investors scrutinize the progress made in the project in order to plan adjustments. The term adjusted annual capital plan ending December 31 of year plan (form adjusted in annex No. 2, circular No. 27/2007/TT-BTC dated 3/4/2007 of the Ministry of finance guidelines on management, payment of capital and capital investment nature of careers in the State budget).
Article 11. This form of project management in The construction projects of infrastructure in NHPT system must choose this form of management consulting organizations hire project. However, when applied to this form, the owner must still use the specialized units in his or assigned clues to check, monitor the implementation of contracts project management consultant.
For small scale projects, simple, has a total investment of less than 1 billion, the investor can use the expertise of its executive management or hire someone who has the expertise and experience to help manage project implementation.
The owner held up cost estimation, project management costs and project management consultant browsing before you deploy the project. (Estimated costs of project management is not greater than the maximum level of the cost of corresponding work was approved in the estimates process).
Article 12. Select locations to build investor responsibility survey, selection of construction investment (for the project required construction location) reports to the Director General to review the decision.
The location, the scale of construction must conform to the building plan was approved by the authority; If not yet in construction planning must be the provincial people's Committee approval.
Article 13. The architectural design of buildings according to the scale, the purpose of use of construction works newly NHPT, the Director General will decide to implement architecture.
-For the construction work to implement in architecture, the owner is responsible for establishing the design task to the Director General for approval; organizations implement the architecture works, chooses the optimal architecture design process of the Director General for approval. The sequence organization of the work of examination made in accordance with circular No. 05/2004/TT-BXD dated 12/4/2005 of the Ministry of construction about manual examination of architectural design of buildings and other legal texts concerned.
-For the construction works do not have to implement the architecture, the owner must still organize plans architectural design process to the Director General for approval before implementing project construction investment.
Article 14. Survey the construction of The new building projects to be done building survey at the construction works; The upgrade improvement projects that affect the structure, the quality of the work must be audited reviews the current state of the quality of the work before the project.
The task of building survey (by design consultants or contractors surveyed building) and technical building survey (by survey contractors build up) must be approved by the authority. When necessary, the organization can hire qualified individuals are about capacity building survey verifies the task of building survey, technical survey of construction as the basis for approval.
The volume, content, technical requirements for building survey is consistent with survey duties, standards, building standards. Report the survey results have to be checked, owner, formed thereon and a legal basis to take steps designed to build public works.
Content of the survey mission, content reporting survey results, monitoring survey made under the provisions of Chapter III of Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works; Decree No. 49/2008/ND-CP dated 18/4/2008 of the Government revising, supplementing a number of articles of Decree No. 209/2004/ND-CP and the other legal texts concerned.
Article 15. Establish investment projects all new construction work, the project to renovate, repair, upgrades the project has invested in building the system up to NHPT investment projects in construction or economic reports construction engineering (hereinafter referred to as project). Maintenance work own works by maintaining just estimating the funding sources suits maintenance are approved by the authority.
The investor must choose consulting organization has legal personality, qualify the capacity to set up the project; responsible for its decision with respect to the content required in the project. For the project to have casting organization architecture design, the author of the chosen architectural design is made up of the project.
Article 16. Evaluation of investment projects in construction investment projects of NHPT must be assessed before deciding to invest. For the project investment decision under the authority of the Director General, the Board of QLXD is a hosted project appraisal, the participation of a number of units at Headquarters at the request of the Director General. The case needed to be General Manager allows, can invite or hire experts in the field of architecture, build ... join consulting.
 Project evaluation content must comply with the State's regulations on the management of investment projects in construction.
Note:-solution, explosive in the basic design of the project must be the police fire on writing approval.
-The basic design of the project must be approved by the Director General before the owner State administration competent for the evaluation design.
Article 17. Clearance of The construction building clearance must be established as alternatives. Clearance approach embodied in the construction project and the construction was approved simultaneously with approval of the project.
For projects in need of resettlement to plans or resettlement project and must perform before clearance for construction.
After the compensatory approach, the plan was approved by the authority, the investor has to send text switching to NHPT clearance funding for the Compensation Board building clearance to the organization performing the clearance under the construction progress and delivered using the building for construction contractors. Funds clearance was obtained directly from project construction.
Article 18. Demolition of construction works The demolition of existing buildings to clear the ground for new construction must be established as alternatives. Dismantling schemes are shown in project construction, when dismantling to ensure safety, environmental hygiene and was approved at the same time with the project.
Article 19. Set up, design, construction estimation: author of architectural design projects are selected via examination will be made up of design, estimation of works. If not eligible then capacity can be organized with design consultants are qualified to implement the capability. Cases not organized examination or selected authors refused to perform these steps, the next owner will choose another design consultant on the basis of compliance with the provisions of the law of tenders.
Content creation, technical design, construction estimation made according to the regulations of the State.

The owner hired qualified consultants with suitable capacity categories, levels works to make estimation, design verification and must take responsibility for results assessment. The case design does not guarantee required under the contract, the owner requires the contractor to design, re-design and bear all costs, including costs of design verification.
For the project investment decision under the authority of the Director General, the Board is the QLXD chaired the evaluation design, the estimation process.
Note:-design, estimation of fire protection category of the project must be FIRE PROTECTION public security organs on the jurors.
-Design, estimation substations items (if any) of the project must be power management agency on the appraisal.
-Design, estimation of the category of computer networks (if any) must be verified the INFOTECH Center Director General approval and compliance with the content of the decision No 76/QD-NHPT on 6/3/2007 President NHPT on the regulation of active management in the information technology systems of NHPT.
(The cost of the appraisal, design verification, construction estimation due to The Build Guide, and be calculated on the total investment, construction estimation).
Article 20. Design changes during construction the construction works, if it detects that the unreasonable factors, affecting the quality of public works, construction progress, construction measures and effect of project investment, the investor must be writing the authority to review investment decisions decision changing the construction design.
In case the design process more work or categories compared to the approved project or worth estimating the work proposed for approval beyond the value of the total investment, the investor must have text stating the cause of the Authority decided to invest considering the decision approving (or approved) tuning projects.
Change case drawing designs that do not alter the design, engineering or design approved establishments, the owner was the decision to modify the design and responsible for the amendment. 
Article 21. For construction before construction works, the owner must have a building permit, including the competent authority verify the basic design, except for the repair, restoration works, equipment installation inside do not alter the architecture bearing structure and the safety of the works.
Article 22. The contractor selection of investment projects in construction NHPT system must comply with the legal provisions on tender.
Procurement plan to be approved after the investment decision or approval simultaneously with the investment decision (in the case of eligible to do the legal basis for the investor held the choice of contractors). The case of package needs done before investment decisions by the competent person investment decisions consider the decision.
The investor advisory organization selection, individuals qualified, professional level of bids, bidding up savvy bid to ensure the quality of the bid.
The case was authority for granting permission to appoint contractors for bids made prior to the investment decision, the unit was tasked with preparing the project progress in the preparation and approval of the estimated costs as defined in paragraph 3 article 20 of the law on tenders. In this case, the estimate is the value corresponding to the volume of work had been approved by the authority.
Contractor selection form and order tenders comply with the provisions of the tender Law, Decree No. 58/2008/ND-CP dated 10/5/2008 of the Government Procurement Law Enforcement Guide and selection of building contractor under the construction Law and other legal documents related to article 23. The contract, liquidated the entire construction contract jobs as project, survey, design, construction, monitoring, and other construction activities shall be signed between the owner and the contractor.
Only contracts are liquidated after the party has to fulfill the obligations stipulated in the contract; the procedure of liquidation of the contract must be established thereon; the investor must ask beneficiaries to offer full invoices, vouchers for expenses paid in accordance with the current rules.
The provisions of the contract records, some of the main content of the agreement and implementation contract samples as specified in circular No. 01/2007/TT-BXD dated 25 July 2007 by the Ministry of construction on contract in construction activity.
Article 24. Conditions of construction works in construction works just started NHPT when the following conditions:-the completion of the compensation, clearance and delivery by use of land under the provisions of the law.
-Building permits (for projects with GPXD requirements).
-Construction drawing design and estimation.
-Construction contract.
-Capital planning layout.
-Take measures to ensure the safety, hygiene and the environment in the process of construction.
Article 25. Quality supervision of building works of the owner 1. The owner organized monitoring of the quality of the construction works under the provisions of article 21 of Decree No. 209/2004/ND-CP when qualified supervision ability construction of the provisions of article 62 of Decree 16/2005/ND-CP dated. 2. The case owner not qualified supervision ability construction according to the regulations, the owner assigned to the organization management consulting project execution supervision of building works when there is enough capacity conditions stipulated in article 62 of Decree 16/2005/ND-CP. 3. The case held project management consultants do not have qualified supervision capability building of the owner to hire a supervising the construction.
4. The owner must check regularly and urge supervision work of construction organization and project management consultant supervising construction done.
5. The owner must inform the decision about the tasks and powers of the person supervising the construction works for construction contractor design consultant and works construction to coordinate implementation.  
6. The owner is responsible to the Director General and the law when collecting do not assure quality of falsifying test results, the test volume is not correct, the wrong design and other violations. When detecting violations of construction quality of contractor construction contractors to stop construction and remedial requirements.
Article 26. Handling mass arises when there is a mass arising outside of the design, the construction estimates, the investor must have text explanations of specific cause. The volume incurred beyond or outside the contract must have written approval (if the volume incurred are tender) or supplementary estimates approved (if the volume incurred specified bid) of the authority. Strictly prohibited status made before, the following report.
Don't accept the settlement bars for workload incurred made but not yet approved in writing by the authority and approved by regulators, the decision added.
Article 27. Company to build 1. Construction contractor must organize the construction works, in particular the work, the Department is obscured; the Department of public works; the categories of works and public buildings, before asking the owner. For the construction work have been collecting but not constructed immediately before the construction must be checked again. With respect to the work, the construction phase after the trials be moved to other contractors continue to be contractors that confirmed, trials.
2. The owner is responsible for the Organization of construction company promptly after the requirement of test construction contractor. Experience of construction works are divided into:-individual construction jobs during the construction.
-Trials parts of construction works, the period of construction.
-Experience of completing projects, building construction to put into use.
The volume of construction are calculated confirmed between the owner, the construction contractors, supervising over time or stage of construction and be reconciled with the volume of approved design is the basis of trials, payment under the contract.
3. The categories of complete constructions and construction works completed are only allowed to put into use when it has been collecting.
The minutes of trials completed construction works is the legal base to do the procedure owner handed putting works into the harness use, capital investments and property registration execution in accordance with the law.
4. for those parts, projects or works containing the required explosions or when tapping, use has adverse impact on the environment and safety, when the trials entering must have the Agency's approval of specialized technical management of the State on the above mentioned requirements.
5. The owner is responsible for filing the document, complete the construction according to the provisions of the State records and documents.
(The base, the sequence and composition company building, the Department of public works, construction phase, completed projects and work put into use following the provisions of article 24, 25, 26, Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works; Decree No. 49/2008/ND-CP dated 18/4/2008 of the Government revising, supplementing a number of articles of Decree No. 209/2004/ND-CP).
Article 28. The completed drawing the completed drawing is the drawing of parts of constructions, construction work completed, which reflected actual size compared to the size of the design, which was created on the basis of construction design drawing has been approved. Every modification compared to the approved design must be made on the complete drawing.

In case the file size, the actual parameters of construction of parts of buildings, construction works properly with the dimensions, parameters of construction drawing design, the design drawings that is complete the drawing.
The building contractor is responsible for drawing up public works Department completed the building and construction works. In the completed drawings must indicate the name, the signature of the person who created the drawing of complete success. Legal representative of the building contractor must sign and seal. The completed drawing is the basis to perform warranty and maintenance.
The completed drawing is the person who oversees the construction of owner signature confirmation.
Article 29. Certification of qualified safety certificate and withstand the consistent quality of the construction works to build the new headquarters in NHPT system from level II and above all must be granted qualified certification ensures safe bearing before put into use.
The construction of the new headquarters in NHPT system regardless of the type and level to make the certificate of conformity of the quality of construction works upon the request of the management organ or NHPT on local construction.
The investor selection and contracting of consulting organization has the function of practice meets the requirements specified in circular No. 16/2008/TT-BXD dated 11/9/2008 of the Ministry of construction to carry out the inspection and certification of qualified safety bearing and certificate of conformity of the quality of construction works.
The order, eligible test content secure bearing and conformity of the quality of construction works done according to the provisions of Decree No. 49/2008/ND-CP dated 18/4/2008 of the Government revising, supplementing a number of articles of Decree No. 209/2004/ND-CP; Circular No. 16/2008/TT-BXD dated 11/9/2008 of the Ministry of construction about manual checking and certification of qualified safety bearing and certificate of conformity of the quality of construction works and the relevant legal texts.
Article 30. Warranty works investment projects in construction NHPT system, after completion of put to use to perform warranty work. The warranty period is calculated from the day the owner sign collecting items of construction works, construction works were fulfilled to put to use.
Contractor and construction contractors supply the only refund warranty for the work after the end of the warranty period and was the owner of confirmation has completing the warranty work.
Building contractor of works and the investor can deal the replacement money construction warranty by letter of guarantee of Bank of equivalent value.
(The warranty period and warranty funds specified in article 20, Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works).
Article 31. Public works maintenance process after it is put into test use must be maintained to operate long-term exploitation.
The duration of maintenance works is calculated from the date the test put construction work on using up early expiry date specified by the contractor construction design.
For new construction, contractors design, construction equipment manufacturers created the maintenance of construction works conform with the type and level of construction works. For the construction works that are used but not have the maintenance process, the owner of the home, manage the use of construction works to hire auditing consulting organizations back the quality of construction works and maintenance of construction works.
The owner, who manages the use of construction works in the construction maintenance has the following responsibilities:-perform maintenance construction work according to the maintenance of construction works.
-Responsibility before the law about the construction quality degraded due to not perform maintenance of construction works as specified.
Content, methods of maintenance of construction works of the level of maintenance and maintenance performed in accordance with circular No. 08/2006/TT-BXD dated November 24, 2006 of Ministry of construction on the maintenance work of construction works.
Article 32. Insurance works in The new headquarters building in NHPT system, must buy insurance of construction works in the insurance business, legal activity in Vietnam and been permitted to offer insurance products.
Article 33. The advance payment and the object to be complete advance, advance capital levels, the divestment of the advance payment procedure sequence and the volume of construction completed, the finished device volume, the volume of the work to complete counseling and other finished follow instructions in circular No. 27/2007/TT-BTC dated 3/4/2007 of the Ministry of Finance on payment of capital and capital investment nature of careers in the State budget and the relevant legal texts.
Article 34. Set the report project completion 1. All investment projects in construction completion NHPT system put into use are to make settlement project completion. The owner is responsible for establishment of the report immediately after completion of the project works completed operation using the approval authority.
2. Settlement project completion must be set fully, properly and ensure required content time, verify, approve the settlement specified in circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance about the Guide project completion settlement in the State capital and the text of the relevant law.
3. Total capital settled the whole package of the project, after completion of construction works, not exceeding the total estimation and total investment has been approved by the authority.
Article 35.  Verified and approved the settlement project completion report complete project screened in accordance with the circular of the Ministry of investment capital financing.
1. Form of payment verification organizations: a. the form of firstly: Who has the authority to approve settlement using expert has sufficient capacity in its management rights to directly verify payment for projects with a total investment of less than 1 billion.
b. the second form: the owner is responsible for the choice of independent audit institutions operate legally in Vietnam to oversee the deployment of audit report project completion for construction projects in valuable NHPT system proposed settlement from 1 billion or more. The selection of audit organizations perform according to the rules of the bidding.
The signing of the contract with the audit organization performs audit report of capital construction works are completed in accordance with the current regulations of the State. The value of the contract according to the agreement between the two sides but does not exceed the prescribed limit at the "Table level of cost assessment, approval of the settlement, the cost of audits completed project settlement" in decision No 2177/QD-BTC dated 25/6/2007 of the Ministry of finance regarding the revised circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance and the law have related.
Funds audit was used from XDCB capital and other costs are included in the value of the settlement project.
2. content: a/settlement assessment for the project was audited report, the unit hosted settlement assessment performed verification according to the content of the provisions of point 1, 1.1 Weather, VI, part II, circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance about the Guide project completion settlement in the State capital and the French text the relevant law.
b/for the project does not audit report, the unit hosted settlement assessment done testing and reporting the results of project settlement verification completed in sequence and content specified in point 2 of section VI, part II, circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance about the Guide project completion settlement of capital source State, circular No. 98/2007/TT-BTC dated 9/8/2007 of the Ministry of finance to modify some additional points of circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance about the Guide project completion settlement in the State capital and the text of the relevant law.
3. Responsible for settlement assessment: a/for the project by the investor of the investment decision, investors choose the professional units administered to verify settlement project completion. 
b/for the project by the Director General of the investment decision, the Board QLXD Board coordinated TCKT, it Center (if necessary) directly verify payment at the same time responsible to the General Manager and the resulting legislation assessment report implementation by themselves.
c/time set the report project completion audit time, settlement reports and the time of inspection, approval of the settlement made in accordance with circular No. 33/2007/TT-BTC dated 9/4/2007 of the Ministry of finance about the Guide project completion settlement in the State capital and the text of the relevant law.
4. the approval authority of settlement: authority investment decision was the approval of the settlement project completion.
Article 36.  Manage and store records of construction projects 1.  Investment projects of building long-term storage should be in accordance with the provisions of the State archive records (in the whole process of construction, management and use of the work). The owner and the Board of QLXD is responsible for hosting the profile, there are clear advantages to the list when the lookup, delivered.
2. the original records of construction works to be stored in full: a. Management Unit, using the work (the owner).
b. the Board of QLXD.
(The case of a document or certificate from which only one original, the original owner will be stored. The document sent Ban QLXD is a copy of the investor).

3. The owner has the accountability, provide full all records related to the project for the unit in the headquarters when required.
Chapter III implementation Article 37. Reporting, monitoring, evaluation of investment – for the project (or section) has been the General Director of decentralized or federated delegation, heads of subdivisions have the duty to immediately report its approval documents (send 1 original) of headquarters to serve the management throughout the system.
-Six months and completion of the work commissioned, the investor is responsible for reporting on quality construction of local building Department sent simultaneously send 1 of Headquarters (Ban QLXD) for monitoring, management (annex 4, together with circular No. 12/2005/TT-BXD dated 15 July 2005 of the Ministry of construction).
-Made the report as specified in circular No. 03/2003/TT-BKH on 19/5/2003 of the Ministry of planning and investment guide monitoring work, assessing investment.
-The owner must report the situation to make investment, the year of each project sent to headquarters at the latest on June 5, the first of the next quarter to Ban synthetic QLXD, reporting to the Director General before submitting the report to the Ministry of industry, regulatory function (model I.BCQ and II. BCN accompanied this provision).
Article 38. The heads of the units and subordinated to NHPT is responsible for organizing, directing, performing the management XDCB for investment projects in construction NHPT system and responsible to the Director General on the observance of the required content referred to in this regulation and the text of the relevant law.
Article 39. Chief QLXD, heads of units and subordinated to NHPT is responsible for General and periodic reporting, extraordinary results to perform XDCB send General Manager NHPT as prescribed. 
In the process, if there are obstacles, suggest these units reflect timely NHPT headquarters to study the resolution.