Decree 12/2003/nd-Cp: About The Modification, Addition Of Some Articles Of The Statute And Building Investment Management Attached To Decree No. 51/1999/nd-Cp Of July 8, 1999 And Decree No. 12/2000/n

Original Language Title: Nghị định 07/2003/NĐ-CP: Về sửa đổi, bổ sung một số điều của Quy chế quản lý đầu tư và xây dựng ban hành kèm theo Nghị định số 52/1999/NĐ-CP ngày 08 tháng 7 năm 1999 và Nghị định số 12/2000/N

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Decree on amendments and supplements to some articles of the Statute and building investment management attached to Decree No. 51/1999/ND-CP of July 8, 1999 and Decree No. 12/2000/ND-CP dated May 5, 2000 by the Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Considering the recommendation of the Minister of construction, Minister of planning and investment, the Minister of finance.

DECREE: article 1. Amendments and supplements to some articles of the Statute and building investment management attached to Decree No. 51/1999/ND-CP of July 8, 1999 and Government Decree No. 12/2000/ND-CP dated May 5, 2000 of the Government (hereafter abbreviated as ND and ND 12/CP 52/CP) as follows : dd account Point (1). 2 article 3 ND 52/CP be amended and supplemented as follows: ") for the investment project of Vietnam representative offices in foreign countries; the project has required security in the Privy, Defense; the project to buy the owner of the copyright, the project made under the provisions of paragraph (11) of article 1 of this Decree (excluding the content does not conform with the nature of the project); the project appraisal, investment decisions and manage projects according to the decision of the Prime Minister on the basis of suggestions and recommendations of the project ".

(2) paragraph 1 of article 1 point 2 ND 12/CP be amended and supplemented as follows: "2. for Group A project consisting of many component projects or subprojects, which if each project components or subprojects can independently operate, exploit or follow the investment divergence recorded in writing approved feasibility study report or written a decision on the investment policy of the authority shall each project components or subprojects that are made from the stage prepared to invest and manage the investment process as an independent investment projects ".

(3) article 8 ND 52/CP be amended and supplemented as follows: "article 8. Managing the project planning 1. The Ministry of planning and investment is the State agency about master plan for socio-economic development of the region, contact the national in scope, are responsible for: a) guide the content, sequence, evaluation and management of the project master plan for socio-economic development; development of the industry.

b) held up the project master plan for socio-economic development of the region, contact the Prime Minister's approval process.

c) appraise the project master plan for socio-economic development of the local people's Committee, the central cities (hereafter referred to as the provincial level) established under decentralization; development of the industry due to the logical Prime programming industry approval.

The content includes: assessment of conformity of the planning with the strategy of economic development-society;

The rationality of the planning in the allocation of resources;

Uniformity of the development of social-economic Department, territory, industry development planning, building planning;

The feasibility of the plan.

2. The Ministry of construction is the State governing body of planning urban and rural construction, planning to build the key responsibility: a) guide the content, sequence, appraisal and management of project planning urban and rural construction, the key.

b) held up the plan to build the key process of approval by the Prime Minister.

c) appraising projects for rural and urban construction by the provincial people's Committee, the Prime programming approval by hierarchy.

The content includes: assessment of conformity of construction planning with economic development strategy-social long-term construction plan;

The suitability of the construction planning in the allocation of population;

Uniformity of construction planning with the planning of social-economic development, territory, industry development planning;

The feasibility of the plan and the measures of construction planning management.

3. provincial people's Committee held up overall planning the social-economic development, overall planning of development of urban space, residential; the construction planning of the municipality, the province's industrial zone, approved and the browser to build the project.

4. The management of the industry held up development of the industry.

5. The Ministry of finance instructed the advance payment, the cost of content and evaluation of the projects.

6. The project master plan for socio-economic development, industry development planning, planning urban and rural construction, when the research project must obtain the opinion of the Ministry, local branches concerned. Planning the urban and rural construction when the research project, the Agency held up the project to publicize, surveys of people's Council and people's lives on the planning. Construction projects (both in overall planning and detailed planning) has been approved by the authority must be announced publicly, often at the level of people's Committee and the public in the planning to the people to make and test the implementation.

7. Ministry of planning and investment, Ministry of construction done (by function) reviewing the legal text on planning the social-economic development; development of the sector; construction planning to enact or the authority ".

(4) clause 2 article 10 ND 52/CP be amended and supplemented as follows: "2. The Authority decided to invest the capital project budget: a) the seat tưướng the Government decided to invest in projects of national importance by the decision of investment undertakings. The Council of State assessment of the investment project appraisal project organization the prime investment decisions.

b) Ministers, heads of ministerial agencies, government agencies, the financial administration of the Central Party, the Central Agency of social-political organizations (defined in the State budget Law), Chairman of the provincial people's Committee decided to invest in the project group A had in planning the social-economic development industry development plan, approved or had decided to investment undertakings in writing of the authority, after the Prime Minister allowed the investment.

Who has the authority to decide the Group A project investment assessment organization feasibility study reports, are responsible for the written opinions of the management of the sector, the Ministry of planning and investment, the Ministry of construction (for the construction of investment projects), the Ministry of finance and the Ministry of industry, local, relevant to the project to the Prime report allows investment. Within 15 working days from the date of the application, the Ministry asked local branches, comments must be responsible to reply in writing.

The case of A group project using local budget must put forward the people's Council discussed, decided and announced publicly.

Please report content allows for investment include: conformity of the project with the planning of social-economic development, industry development planning, building planning was approved by the authority;

The mode of exploitation and use of national resources; technology projects;

Financial viability of the project;

The incentives, the State's support for the project;

The effectiveness of investment projects;

Duration of the project;

The influence on the environment, ecology, safety, fire prevention, resettlement, security and defense.

The enclosed report allows investment involved in writing the opinion of the Ministry, local branches concerned.


The case of A group of projects not yet in the master plan of socio-economic development, industry development planning, building planning be browser or text yet decide the investment policy of the authority shall before reporting feasibility study must be the prime consideration through the feasibility study report and allows the investment.

Ministers, heads of ministerial agencies, government agencies, the financial administration of the Central Party, the Central Agency of social-political organizations (defined in the State budget Law), Chairman of the provincial people's Committee decided to invest or authorized projects investment decision Group B C consistent with approved plan.

With respect to the Group B project is not yet in the master plan approved before reporting the feasibility study must have opinions agree in writing of the person who has the authority to approve the master plan.

Particularly for Group C projects, the Agency decided to invest to ensure the balance of capital to carry out projects not exceeding 2 years.

c) depending on the specific conditions of the ministries, local authorities, investment decisions are allowed to authorize the objects specified in point d of this paragraph decide to invest in the project group B, c. Authorized Person be responsible before the law on the authority of his own. Authorized users are responsible for their decisions before the law and the authorization.

d) objects to be authorized:-investment decisions for the Ministry: General Director, Director, Chairman of the Board Of the company, the directors of State enterprises, heads directly; The Commander of the military zone, the Corps, the Corps, the border guard and the equivalent title Ministry of Defense.

-For the province level: Director, Chairman of the district people's Committee, district, town, city in province level (hereinafter the district), Chair of the Board Of the company, the directors of State enterprises, the heads of the Agency directly under the provincial people's Committee.

DD) Chairman people's Committee at district level, the level was decided to invest in projects within the local budget (including additional amounts from the budget level above) have a level of capital below the 3 billion (for the district level) and under 1 billion (for the social level) depending on the specific conditions of each locality by the provincial people's Committee rules specifically on the basis of planning, socio-economic development plan of local society was granted authority for approval and implementation capacity of the object hierarchy.

Before deciding to invest, people's committees at district level, social responsibility the opinions of professional organizations sufficient capacity (including consulting) to appraise the project. The management of the project must comply with the law.

For the projects using the State budget investment capital and build the technical infrastructure works and social infrastructure after the people's Council granted through the Township to be the people's Committee at district level approval of investment objectives and planning. If the contribution from investment of the people, the people's Committee of social responsible investment organizations and built according to the regulations of the Organization, management and use of the voluntary donations of the people to build the infrastructure of the communes attached to Decree No. 24/1999/ND-CP dated 16 April 1999 from the Government.

e) competent person decided not to use the career capital to new construction. For the improvement, expansion, if using the career level of capital expenditures from 1 billion to invest to make the procedure for preparing and implementing investment investment under the provisions of this Decree ".

(5) Article 5, paragraph 2, point 1 ND 12/CP be amended and supplemented as follows: investment decision jurisdiction the utilizes capital project investment development credit of credit capital, State by State guarantee: "2. The seat tưướng the Government decided to invest in projects of national importance by the decision of investment undertakings. The Council of State assessment of the investment project appraisal project organization the prime investment decisions.

The group projects A, B, C by enterprises, enterprises investment project appraisal itself, decide first prescribed tưư and responsible before the law; the group projects A, B to ensure conformity with approved plan; projects of the Group A, before deciding to be Prime for investment. Please report content allows investing as prescribed in paragraph (4) of article 1 of this Decree (minus the text taking the opinions of the ministries, relevant local).

Industry Manager, provincial people's Committee, organized inspection report feasibility study group A project of business in administration and is responsible for the written opinions of the Ministry of planning and investment, the Ministry of construction (for the construction of investment projects), the Ministry of finance and the Ministry of , local branches are related to the project to sum the Prime report allows investment. Content verification feasibility study report of the project is the content owner must ask permission to invest mentioned in paragraph (4) of article 1 of this Decree. Within 15 working days from the date of receiving the application, the Ministry asked local branches, comments must be responsible to reply in writing.

The case of investment projects in the Group A or group B not in approved plan shall comply with the provisions of point b of paragraph (4) of article 1 of this Decree.

Depending on the specific conditions of the enterprise, the Authority decided to invest are allowed to authorize the Director of subdivisions, decided to invest the project group B, c. Authorized Person be responsible before the law on the authority of his own. Authorized users are responsible for their decision and authorized person before the law ".

(6) point 1 and point 6, point 1, paragraph 3 Article 7 paragraph 1 ND 12/CP be amended and supplemented as follows: investment decision jurisdiction the project using private capital for development of business and other capital sources: "1. The seat tưướng the Government decided to invest in projects of national importance by the decision of investment undertakings. The Council of State assessment of the investment project appraisal project organization the prime investment decisions.

The group projects A, B, C investment by enterprises (irrespective of economic sectors) enterprise project appraisal itself, decide first prescribed tưư and responsible before the law; the investment project must be secured in accordance with approved plans; projects of the Group A, before investment decisions must be the Prime allows the investment or the Prime Minister for authorization, the Chairman of the provincial people's Committee to allow investment.


Industry Manager, provincial people's Committee, organized inspection report feasibility study group A project of business in administration and is responsible for the written opinions of the Ministry of planning and investment, the Ministry of construction (for the construction of investment projects), the Ministry of finance and the Ministry of , local branches are related to the project to sum the Prime report allows investment. Content verification feasibility study report of the project is the content owner must ask permission to invest mentioned in paragraph (4) of article 1 of this Decree (excluding the content of technology projects, financial capacity, the efficiency of investment projects and documents involved comments from The , local branches are related). Within 15 working days from the date of receiving the application, the Ministry asked local branches, comments must be responsible to reply in writing.

The case of the projects the Group A or group B not in approved plan shall comply with the provisions of point b of paragraph (4) of article 1 of this Decree.

3. for projects using many different sources of capital, the owner has the responsibility of separate items or part of the project to individual layout type for capital items, the work and management of items, this section according to the regulations for this type of funding was arranged.

The project uses multiple sources of capital that could not separate the categories or the part of the project, the project which is managed according to the rules for funding the largest rate% out of the total investment of the project.

For projects that use the capital of many members, based on the rate of share and the characteristics of the project, the members of the agreement determines the method of organization and management project ".

(7) article 14 ND 52 CP/additional paragraph 3 as follows: "3. In the receipt of the bid, and payment of capital investment, the investor is prohibited behavior demands, received bribes of contractors.

In the bid, prohibits the owner of the specified content to create unequal competition between contractors; prohibiting the bids arrangement and the conditions imposed rules to advantage.

Direct owner project management and project management are responsible for the effective use of capital; fully implementing the content of the regulations on financial management; to compensate the damage if the cause waste of investment capital or of the business and was blind for criminal liability in accordance with the law.

Project management is the organization performing the role, the responsibility of the owner, have the task of directly managing the project, responsible before the law and the owner ".

(8) article 15 ND 52 CP/edit account and 3rd add paragraph 4 as follows: "3. The liability of the investment consultant organization and build: a) investment consultation institutions and build upon the business activities to ensure adequate conditions, under provisions of the Ministry of construction.

b) responsible before the law and the owner of the content has committed in the contract, especially the economic-technical content is identified in its advice and products to compensate the damage caused.

c) consulting organizations to purchase professional liability insurance. The premium is calculated on the price of the product. Buying professional liability insurance consulting is a legal conditions of investment activity and construction.

d) capital projects budget, the credit capital by State guarantees, credit capital investment and development of the State require to hire foreign consultants, the Organization, foreign consultants hired to advise with Vietnam to make (unless the Prime Minister allowed). Consultants are allowed to associate, affiliate or organization hire, foreign consultants in investment advisory activities and build.

DD) In the consultancy products, prohibit the Organization of investment advice and build specified using the type of material or technical supplies of a product, providing that only allowed the General requirements about the technical features of a material or technical supplies.

e) prohibits the Organization of investment and building buy, sell legal to join the bid or buy, sell, or disclose information about contractors bidding for contractors participating in the bidding.

4. Ministry of finance regulations occupational liability insurance and construction investment ".

(9) clause 2 article 16 ND 52/CP be amended and supplemented as follows: "2. The responsibility of the construction business: a) The construction business when construction activities construction must ensure adequate conditions, under provisions of the Ministry of construction.

b) responsible before the law and the owner of the content has committed delivery in contract bidding and to compensation for damage caused.

c) construction businesses to buy insurance for supplies, equipment, factory construction service, accident insurance for workers, insurance civil liability with regard to third persons. Premiums are charged to production costs. The purchase of insurance is a legal condition of building activity of the construction business.

d) prohibits the construction business buy, sell legal to join the bid or negotiated sale, purchasing, bid or collusion, the hook brackets with investors in tender ".

(10) article 20 ND 52/CP be amended and supplemented as follows: "article 20. Monitoring, assessment of investment: 1. Monitor, evaluate the investment activities of the national economy, sectors, areas, locally known as surveillance, the overall assessment investment. Monitoring reviews of investment projects by people with the authority to allow the investment or investment decision called monitor, evaluate investment projects.

2. request and content monitoring, assessment of investment include: a) monitor, evaluate investment overall; tracking, reviews of the scale, speed, structure and efficiency of investment in the economy, local branches each period; tracking, reviews the implementation of the investment according to the master plan, the plan, the program has been approved.

b) monitor, assess the suitability of the project investment decision of the ministries and competent than planned, approved plan.

c) supervision, reviews the implementation of the project by the owner according to the content has been approved by the authority and the observance of the regulations of the State of construction and investment.

d) through the monitoring, assessment, and recommendations for investment decisions, agency owner or related agencies consider, handle the problems arising.

3. Implementation, monitoring investment rating: a) the Prime Minister directs the implementation of monitoring, the overall assessment of investment and the national important project, the project group A due to the prime investment decisions or allow investing.

The Ministry of planning and investment to guide the work of monitoring, evaluation of investment in the country; implementation of surveillance, the overall assessment of investment and the national important project, the project group A due to the prime investment decisions or allow investment; General supervision work, reviews of investment in the country, the quarterly report from the Prime Minister.

b) ministries, provinces and cities under central implementation monitoring, reviews the overall project management authority; six month report the Prime Minister.

c) Investor, Project Management Committee is responsible for monitoring, evaluating investment projects according to the regulations; periodically the three-monthly reports with aggregate investment project decision issued (which, progress, tenders, quality) and propose solutions to overcome.


d) The Authority is not allowed to adjust the investment for the project is not implemented, monitoring investment rating as specified.

DD) costs for the monitoring work, assessing the investment by the Ministry of finance in cooperation with the Ministry of planning and investment guide.

The Ministry of planning and investment guide-specific monitoring rules on content, reviews of investment ".

(11) repealed paragraph 9 Article 1 ND 12/CP; Article 22 ND 52/CP be amended and supplemented as follows: "article 22. Investment project 1. The owner must hire the consulting organization has legal capacity, enough to meet the requirements of the project to establish feasibility research report, feasibility study report or report of investment and be liable for the content of the request in the feasibility study report viable, or investment report.

For a number of qualified owner, if auto execution reporting feasibility study feasibility study report or report of investment must be decided by the competent person decided to invest given the task of establishing the project.

2. A group of projects already in the planning be browser or had written investment policy decision of the authority shall not establish feasibility research report that immediately feasibility study report.

The case of A group of projects not yet in the master plan approved or not yet have written investment policy decision of the authority, the owner must establish feasibility study reports the prime consideration, and through feasibility study report.

The project group B the owner held up feasibility study report, if it deems it necessary to establish feasibility research report, then the person has the authority to review investment decisions, decisions.

3. The following projects are not viable research reports that only investment reporting, design and estimation: a) the project has a small investment (under 3), repair projects, capital maintenance career.

b) social infrastructure projects, small scale (project group C) using capital budget (not business purposes) with suitable planning, socio-economic development plan of the society and be competent to decide the investment policy.

4. investment projects, machinery equipment shopping travelers not feasibility study reports that only investment reports and cost estimates ".

(12) Clause 26 of 52 ND/CP Article 6 be amended and supplemented as follows: "6. Authority to appraise the project investment: Who has the authority to decide the institutional evaluation report feasibility studies according to the content of the provisions of article 27 of 52 ND/CP.

With regard to the use of credit capital projects, capital lending organisation evaluation of financial plans and repayment schemes to approve loans or no loans before authorities decided to invest.

Authorities decided to use professional body affiliated to the organizational capacity assessment and feasibility study report could invite specialized agencies of the ministries related to project evaluation. Exclusively for the use of capital projects budget in the provincial administration, provincial people's Committee delivered to the Department of planning and investment is the focal project appraisal organization is responsible for obtaining the opinion of the Department of finance, Department of construction (for the construction of investment projects) and bodies relevant to the content of the evaluation project ".

(13) Article 28 of 52 ND/CP be amended and supplemented as follows: "the Council of State assessment of the investment project was established under the Prime Minister's decision to assess or appraise the following projects: 1. large investment projects, important before the Government through Congress and investment policy decisions.

2. The investment project has passed the evaluation process but the Prime Minister deems necessary to verify again.

3. The projects and project planning at the request of the Prime Minister.

Minister of planning and investment is the Chairman of the State appraisal of investment projects ".

(14) repealed paragraph 12 article 1 ND 12/CP; Point 3.1 paragraph 3 Article 38 ND 51/CP be amended and supplemented as follows: approval authority and technical design of the estimation: ' 3.1 '. For investment projects and built using the State budget, which by the State credit guarantees, credit capital investment and development of the State: a) technical design and total national important projects due to the prime investment decision, A group of projects using the State budget by the Minister , The heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee has the investment or project authority approved investment decision after the opinion of the evaluators built.

Separate specialized construction work of the project group A capital budget to follow rules: irrigation, construction, agricultural and forestry affairs, Ministry of agriculture and rural development; construction traffic Affairs Ministry of transport; mine construction, power plants, electrical transmission lines and transformer stations, Industrial Affairs; the construction of telecommunications that specialized technology section is mostly delivered the post and telecommunications Ministry; the process of security, defence and protection of national secrets entrusted the Ministry of defence, the Ministry of public security, the host evaluation, technical design and approval of estimation.

For group projects A use of capital by the State credit guarantees, credit capital investment and development of the State and the investment project stores the equipment have the required specialized expertise, the ministries, local self-organized design and evaluation of estimation to the authority for approval.

The Agency chairing the Organization of technical design and evaluation of estimation must be responsible before the law for the content of their assessment.

b) project to build Group B, C in the ministries, central agencies, managers who have the authority to decide on project investment approved engineering designs and the total after the appraisal of professional body building management function of the level of investment decisions;

The project construction investment group B, C by local management, Chairman of the provincial people's Committee approved technical design and total after construction or Facility has built specialized appraisal (depending on the nature of the project).

Investment projects of building groups A, B, C do the business investment, business valuation organization itself, the Authority decided to approve the design, engineering and General estimation.

c) Who has the authority to approve the technical design of the estimation provided in details a, b of this point are allowed to authorize heads of subdivisions directly approving engineering design-total but must be responsible before the law about the authority. Authorized person responsible for his decision before the law and the authorization.

d) for investment projects of construction engineering design and construction drawing design (detailed design), the base level of technical complexity of projects and level of competence, the expertise of the owner, who has the authority to approve technical design-total authorized for investor approval of the detailed design and estimation of the projects fit in with the design and engineering of the approved estimate.


Case when setting the detailed design and the estimation process has changed in comparison with the technical design and the total has been approved, the owner must have the authority to review approved.

In the process, investors are only allowed to change the design, estimation after authorities decided to inspect investment and allow. The case actually needed to handle just the design changes, the owner is allowed to decide and take responsibility before the law and the authorities decided to invest ".

(15) Article 5, Paragraph 45 of 52 ND./CP be amended and supplemented as follows: "5. The projects using the State budget, which by the State credit guarantees, credit capital investment and development of the State, capital growth of State enterprises before starting to design and estimate be approved by the authorized medium status prohibited design finishing.

With regard to the project group A if not technical design and total approved but need to start designing and estimation of items was authorized to approve and contract logistic lawful tender. At the latest after implementation was 30% of total investment must have the technical design and total are approved by the authority.

The Ministry of construction is responsible for checking the implementation of the provisions of this paragraph's content and process or recommendations the Agency has the authority to handle the case of deliberately not done ".

(16) paragraph 3 to article 47 of 52 ND/CP be amended and supplemented as follows: "3. The Prime Minister decided to form the Council of State trials of the construction works. The Council of State has responsibility for collecting test considering the work experience of the client and direct the process in A group project, the national important projects when necessary and the other work required by the Prime Minister.

-Chairman of the State test is the Minister of construction.

-Organizational structure, mandate, powers and responsibilities of the Council of State by the Prime test Government Regulation ".

(17) Article 49 ND 52/CP be modified the paragraph 1, 6, 8, 9, 12 and 13 the following paragraph added: "1. for projects or tenders in construction make the specified form bid then the payment is based on the capital value of the mass execution was staged trials, or mass values are checked every month according to the contract signed.

6. The owner, funding agencies or the loans have a responsibility to consider and create conditions to meet the essential needs of advance capital for some products, constructions in building great value must be produced prior to ensure the progress of investment and some kind of special materials , materials are stored according to the season and some of the content of the work arising in the process of implementation of the investment.

8. the end of the year to build or bring projects or works in use, the volume of construction projects or works of that year are only paid when the contractor has enough settlement works with the investor; foreign contractors for the custody and payment according to international practices.

Annually, funding agencies, loans on hold at 5% total capital investment plan of the project and will announce after the owner enough done on time capital settlement stipulated in clause 18 article 1 of this Decree in the year of the plan.

9. The payment of capital construction bids made in the bidding are paid according to the progress of package recorded in the delivery contract bids and the value of the contract was signed (for the package) or payment according to the price winning bid and the particular conditions stated in the contract.

After the end of construction, the settlement tenders not exceeding total and total investment were competent person approved investment decisions.

Billing period: within 10 working days from the date the contractor sufficient payment procedure, the owner must pay the value of the workload has made to the contractor. The profile base pay of the owner, within 7 working days, from receipt of a valid application, the agency allocated, for loans (depending on the investment capital of the project) is responsible for the payment as the method of payment specified in this paragraph and the content is not modified, the provisions of article 49 of the 52 ND/CP.

12. Capital investments for career building and some specific works, the advance payment and invested by the Ministry of finance for specific instructions.

13. With regard to requirement or project done under the contract design-supply equipment supplies-construction (abbreviated as EPC contract), the advance to shop equipment is based on the payment of the supply contract. The other work, advance levels by 15% of the value of the package but does not exceed the annual capital plan "package.

(18) Article 56 item 2 ND 52/CP be amended and supplemented as follows: "2. The time limit for capital investment: a) for important national projects, after the project put into operation, the slowest is 12, the owner must complete the report the investment authority approved.

b) with respect to the project group A, after the project put into operation, the slowest is 9, the owner must complete the report the investment authority approved.

c) for Group B, C project after project completion put into exploitation, use, slow for 6 months the owner must complete the report the investment authority approved.

d) for the project, these projects can put into exploitation, using independent after the completion of the transfer for the investor, the latest is 3, the owner must complete the report projects to the approval authority ".

(19) Article 57 ND 52/CP be amended and supplemented as follows: "The use of capital investment projects in the State budget, which by the State credit guarantees, credit capital investment and development of the State must be verified and approved investment capital under the rules: 1. investment capital assessment before approval of capital investment all of the report must be verified. Who has the authority to approve settlement decided to organize the prescribed settlement assessment: a) Hiring independent audit organization operating in Vietnam audit report. Case authority approving settlement of self assessment organizations must have a professional body capable of performing.

b) settlement assessment responsibilities:-funding agencies, lenders and are responsible for payment confirmation number which grants, loans and payment for the project.

-Audit organizations and professional bodies perform inspection report must be responsible before the law for results assessment report.

2. Approved capital investment: a) the Minister of finance for approval of investment capital the Prime project investment decision and the project group A capital budget.

b) for the remaining projects, the Authority decided to invest at the same time as the approval of the investment capital.

3. The cost of verification and approval of capital investment is included in the total.

The Ministry of finance guidelines on content inspection report, management used the charge verification and approval of capital investment ".

(20) Article 60 ND 52/CP be amended and supplemented as follows:


"1. The form owner directly managing the project made for the eligible owner of profession, professional with investment projects.

2. for construction projects using the State budget, when making direct investment form of management of the project, the investor must establish a project management Committee are qualified professional competence, expertise in accordance with the Ministry of construction ".

(21) Article 62 ND 52/CP be amended and supplemented as follows: "1. the form of the key provisions in this Decree is the form of the management of the project after the project had decided to invest. On the basis of the feasibility study report was approved by the authority, the owner and contractor selection for contractors to perform general contractor from survey, design, procurement of materials, equipment, construction and installation until finish handed to the owner through the EPC contract.

EPC contract can be applied for projects or subprojects (project components) or the package.

EPC contract content according to the guidelines of the Ministry of construction.

2. When EPC contracts made use of capital projects budget, the owner must establish project management committee are eligible under the provisions of the Ministry of construction.

3. The owner is responsible for hiring a supervising implementation of EPC contract and contract testing organization under the regulations.

4. for the owner without direct project implementation management, promoting key form through the EPC contract; When applied to select qualified contractors in the implementation of the project on the basis of quality assurance, schedule, reasonable prices and owner requirements set out in the EPC contract ".

(22) Article 16, paragraph 1, point 1 ND 12/CP be amended and supplemented as follows: "1. Self-service project only applies in the following cases: a) is a registered business operations, building consistent with requirements of the project, irrespective of the source of investment capital.

b) Investor have sufficient operational capacity of production, building consistent with requirements of afforestation projects, crops (including new planting and care of trees planted each year); farming, planting projects, fisheries (in the agriculture, forestry, fisheries, industry); seed pet project, reclaiming the construction field; investment projects in the mining, coal mining, ore, maintaining regular repairs, the buildings, the equipment; the process of building the detention camp ".

Article 2. Handling of incomplete projects: "The project was approved before the decree to this effect but not yet implemented projects or are incomplete, the implementation of the content of the next stage of work investment made under the provisions of this Decree , not the browser back to the project ".

Article 3. The content of the investment and construction management in some of the provisions in the ND 52/CP and ND 12/CP contrary to the content of the article to edit, supplement the provisions of this Decree are repealed.

Article 4. The Ministry of construction, Ministry of planning and investment, Ministry of Finance (by function is assigned), in coordination with the ministries concerned is responsible for guidance and examine the implementation of this Decree.

Six months, every year the Ministry, local branches, State Corporation responsible for synthesis of the implementation of the investment and construction of the units themselves and the issues and problems sent the Ministry of construction, Ministry of planning and investment, the Ministry of finance to the General report of the Prime Minister.

Article 5. This Decree takes effect after 15 days from the date the report.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central, Chairman of the Board of the State-owned enterprises and institutions concerned is responsible for the implementation of this Decree.

 
 

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