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Decree 12/2000/nd-Cp: About The Amendments And Supplements To Some Articles Of The Statute And Building Investment Management Attached To Decree No. 51/1999/nd-Cp Dated 8 July 1999 From The Government

Original Language Title: Nghị định 12/2000/NĐ-CP: Về việc 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 của Chính phủ

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GOVERNMENT DECREE amending and supplementing some articles of the Statute and building investment management attached to Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Considering the recommendation of the Minister of construction, Minister of planning and investment, the Minister of finance;
 
DECREE: article 1. The present amendments and supplements to some articles of the Statute and building investment management attached to Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government as follows: 1. Paragraph 1, paragraph 2 article 6 be amended and supplemented as follows: 1. Depending on the nature of the project and investment scale domestic investment projects are categorized into three groups: A, B, C to decentralized management. Characteristics of each group are specified in the annex, have modified the capital of Group A, B attached to this Decree.
2. for Group A project consisting of many component projects or subprojects, which if each project components or subprojects can independently operate, exploit, and follow the investment divergence recorded in writing approved feasibility study report of each project or sub-project was implemented the investment preparation stage , sewn up, the browser report feasibility studies and implementation management of investment as an independent investment projects.
2. Point c paragraph 2 article 7 be amended and supplemented as follows: c) presided together with ministries, local engineering and design evaluation of estimation of investment projects and the construction of Group A to the approval authority. Except for A group of projects in the ministries have specialized construction made under the provisions of Article 12, paragraph 1 of this Decree.
Unified State management on the quality of construction works, track, test, detection and handling recommendations quality of construction works; especially about the quality of the construction work in A group project.
3. additional terms; khoản1, item 2 article 9 is amended as follows: 1. Capital to establish the project planning including capital investigation, survey, study, and review of project planning.
2. Capital to establish the project master plan for socio-economic development of the region, territory, industry development planning, building Planning Department, planning urban and rural General, detailed planning of the urban centre, the detailed planning of land uses are using State budget funds and be balanced in the annual investment plans of the State.
6. Ministry of planning and investment is the host the final evaluation of the types of projects for socio-economic development, industry development, the key economic region the Prime Minister for approval.
4. d, e, paragraph 1 point c paragraph 2 article 10 be amended and supplemented as follows: d) Capital in the Government's foreign loans and international aid resources for investment and development (even which official development assistance ODA) be managed under section b item 2 article 21 of the law on the State budget and the Law Enforcement Guide text The State budget. The Agency arranged the funding on the project development investment capital allow for application in water to ensure the implementation of the project.
Remove point DD account 1.
c) General Director, Director of the Ministry; The Commander of the military zone, the Corps, the Corps, the border guard and the equivalent directly under the Ministry of defence can be authorized Ministers decided to invest in the project group C;
5. Article 11 is amended as follows: 1. Investor capital projects by the State credit guarantees, credit capital investment and development of the State: responsible investment and the repayment of loans; the lending organization is responsible for the evaluation of financial schemes, repayment plans and capital supply, monitoring implementation of the right loan and loan recovery purposes. For projects using foreign loans by the State guarantee, the investor has to make the commitment when the loan under the provisions of the law.
2. The Authority decided to invest in projects of State-owned enterprises used credit capital by the State guarantee and credit capital investment and development of the State, made under the provisions of item 2 article 10 of the regulation on investment management and building attached to Decree No. 51/1999/ND-CP dated 8 July 1999 from the Government (hereinafter referred to as Investment management regulation and construction) and paragraph 4 Article 1 of this Decree.
The Board of the State Corporation was the right decision for investment projects of Group c. the State company Own by the Prime Minister decided to form (Corporation, 91), the Board of the Corporation is entitled to decide on the investment project for Group B, C. 3. Who has the authority to decide on the investment project has been granted rights to decide the work during project implementation according to the provisions of the law.
Capital lending organisation monitor and check the make investments under the investment decision and make capital investments.
6. Article 12 is amended as follows: the Authority decided to invest and make investments for projects using capital development of State enterprises are defined as follows: 1. for A group project, the Authority decided to invest and make investments to be applied according to the regulations for the use of capital projects budget;
2. for project groups B, C, State enterprise based on the planning or industry development plan has been approved by the authority to the investment decision; If land use projects, they must be the people's Committee of local authority where approved land please about location, land of the project and the procedures for land or rent land under the provisions of the law of the land. The process of implementing the investment by enterprises responsible on the basis of the correct implementation of the regime of the State's current policy on the management of investments and construction, the bidding rules.
Governing the capital of enterprises and the organizations which support for the project is responsible for checking the implementation of investment decisions and make capital investments.
3. The project using private capital development of the State enterprises is the project: having to use a portion of capital support from the State budget or capital derived from the budget, which was due to businesses to accrue capital, trade credit to invest in development; Development Fund, the Reserve Fund (offset the loss of property), Welfare Fund (investment in the welfare work); capital depreciation of fixed assets and revenues of the State for leaving for enterprises to invest.
The Ministry of finance coordinated with The relevant specific guidelines on the management and use of capital investment and development of State enterprises as capital depreciation of fixed assets in the State capital, an investment fund development section, the business must submit the State budget allow to leave.
7. Article 13 is amended as follows: 1. production projects of private economic organizations, State enterprises, not the investor decide on investment and responsible business, production efficiency; for land or rent land, building permit procedure stipulates as follows:

a) for investment projects that requires the delivery of land or land rent, the owner must have the petition attached investment project production business has been accepted in the business registration certificate, the people's Committee of local authority where please ground to be approved of the location the project's land area, and the procedures for land or rent land under the provisions of the law of the land.
The investment and construction projects have the right to use the land legally, if there is no request for the delivery of land or land rent, the owner doesn't have to do the procedure please land or rent land that just ask for a building permit.
General Directorate of cadastral detailed instructions for assigning the land or rent land.
b) setting the profile body competent to apply for licensing construction made under the provisions of the regulations on investment and construction.
2. The project of the foreign agencies, international organizations and other foreign investment agency building on the land was under the management of Vietnam or the agreement has been signed with the Government of Vietnam and the owner must set the application for license under the provisions of the building regulations and construction investment.
3. for the projects which use of many members, based on the rate of share and the characteristics of the project, the Member Agreement define the owner, management methods, project organization.
8. Article 14 paragraph 1 b is amended and supplemented as follows: b) for agencies, career, the Authority decided not to part-time owner.
Agencies, career owner only made the project to build the technical infrastructure of the Agency.
For State enterprises due to the Prime Minister decided to form (Corporation, 91), the Board Of the company may be delegated to the Director of the unit members deciding Group C projects using funds prescribed in clause 5, paragraph 6 article 1 of this Decree.
9. Point a Article 2, clause 22 be amended and supplemented as follows: a) A group of projects has been the Prime through feasibility research report and allows subgenus out component projects or subprojects, the project components or subprojects that are reporting feasibility study , browse and manage projects as an independent investment projects.
10. Article 27 paragraph 3 is added as follows: 3. Organization agency investment project appraisal is responsible before the law for the content of their assessment and the authority decides to report investment appraisal, the necessary documents, accompanied by the draft investment decisions.
11. Article 35 be amended and supplemented as follows: 1. In respect of the investment project and construction of manufacturing nature, business owner, coordinated with the local people's Committee to unify the compensatory approach, the clearance plan, cost, schedule and payment clearance to the local people's Committee to implement the to compensate, the clearance of construction according to schedule and delivery using the building for construction contractors.
2. for the investment project and construction of the infrastructure of social-economic, defense, security and national important projects, the level of people's Committee chaired together with the investor is responsible for organizing the clearance and compensation handed the premises according to the progress of , established resettlement areas and the implementation of the resettlement under the regime of State policy and the policy of support of the investment projects.
3. Department of Defense coordinated with local guide, clear rules must also land demining; in coordination with the ministries concerned guide work demining the ground construction.
12. Details 3.1 points a and d Article 38 be amended and supplemented as follows: a technical and design) of the estimation of the project group A by the Minister, the Ministerial agency heads, heads of government agencies, the Board Of State-owned companies led by the Prime Minister decided to form (91 Corporation) , Chairman of the provincial people's Committee has approved investment projects after the construction Ministry was chairing the evaluation organization. Construction works in the private transportation under the Ministry of transportation; mine construction, the construction industry under the Ministry of industry; construction, agriculture, forestry, irrigation Department of the Ministry of agriculture and rural development; construction works in the post Office Of the postal Bureau; the work of the Ministry of culture and information; the defense works, protection of national security, the Ministry of Defense, Ministry of public security, the ministries and agencies which self host technical design and evaluation of estimation to the approval authority.
With regard to investment projects only stores the equipment have the required specialized expertise, the ministries themselves 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.
The Ministry and the Agency say on guide for lower levels perform the evaluation of the design and engineering of the estimation of the project group B, C in their industry.
d) Investor allowed approval of the detailed design and estimating the extra work items (fences, permanent home) and the projects are not tender, but not affect the technical design and total works have been approved.
13. Remove paragraph 4; paragraph 5 was changed to paragraph 4 to article 41.
14. Article 43 be amended and supplemented as follows: projects using the State budget, which by the State credit guarantees, credit capital investment and development of the State, capital growth of State enterprises must follow the bidding rules.
15. Point b paragraph 4 to article 46 be amended and supplemented as follows: b) the Department of building and construction departments of specialized provincial people's Committee, central cities have state management responsibility for the quality of the construction work in the province's local, city.
16. Article 63 is amended as follows: 1. the free form projects only applies in the following cases: a) the investor has sufficient operational capacity of production, building consistent with requirements of the project and the project using its own legal capital as own capital in the enterprise which self mobilization of the organizations, individuals, except for loans of credit organizations;
b) Investor have sufficient operational capacity of production, building consistent with requirements of the new plantation projects, annual crop care, aquaculture (in the agriculture, forestry, fisheries, industry), plant breeding of pets, reclaimed fields building, maintaining regular repair works building , production equipment.
2. When implementing self-service project (self-produced, self build), the owner must be held closely monitor the production, construction and be responsible before the law on product quality, the quality of construction works.
The build guide details the forms of project management.
Article 2. This Decree takes effect after 15 days from the date of signing.
Article 3. The construction of coordinated with the ministries concerned is responsible for guidance and examine the implementation of this Decree.
Article 4. The Secretary of the Ministry, ministerial heads, government agencies, the Chairman of people's Committee of the province, central cities, the Board of the State Corporation and related institutions responsible for the implementation of this Decree.

The appendix is amended and supplemented as follows: APPENDIX classification of projects of investment management regulation and construction (attached to Decree No. 12/2000/ND-CP on 05/05/2000 of the Government about amending and supplementing Decree No. 51/1999/ND-CP on 08/07/1999) The investment project (not counting projects of direct investment abroad) are classified into 3 Group A, B, C according to the following rules: the TT type of investment projects total investment capital I. Group A 1 The projects in the scope of the security guard, the defense of national security, meaningful social-political importance, to establish and build new industrial infrastructure.
 
Regardless of the level of capital The project: the production of toxic substances, explosives are not dependent on the scale of capital investment.
Not counting capital level 3 projects: power industry, oil and gas extraction, oil and gas refining, chemicals, fertilizer, machine building (including purchase and shipbuilding, automobile Assembly), cement, metallurgy, mining, mineral processing; transport projects: bridges, seaports, river ports, airports, railways, highways.
 
 
On the 600 billion 4 projects: irrigation, transportation (other in I-3), water supply and infrastructure works, electrical equipment, information equipment manufacturing, electronics, information technology, pharmaceutical chemistry, medical equipment, other engineering works, manufacturing, telecommunications, domestic BOT , the construction of housing, roads in the municipality had approved the detailed planning.
 
 
Over 400 billion of 5 projects: infrastructure of new city;
the project: light industry, faience, porcelain, glass, printing; national parks, nature reserves, stores equipment for construction, agriculture, forestry, aquaculture, agriculture, forest products.
 
 
Over 300 billion 6 projects: health, culture, education, radio, tv, storage, construction, tourism, sport, scientific research and other projects.
Over 200 billion II. GROUP B 1 of the project: power industry, oil and gas; chemicals, fertilizer, machine building (including purchase and shipbuilding, automobile Assembly), cement, metallurgy, mining, mineral processing; transport projects: bridges, seaports, river ports, airports, railways, highways.
From 30 to 600 billion 2: irrigation projects, traffic (in point II-1), water supply and infrastructure works, electrical equipment, information equipment manufacturing, electronics, information technology, pharmaceutical chemistry, medical equipment, other engineering works, manufacturing, telecommunications, domestic BOT , the construction of housing, schools, roads in the municipality had approved the detailed planning.
From 20 to 400 billion 3 projects: infrastructure of new city;
the project: light industry, faience, porcelain, glass, printing; the National Park, nature reserve, construction equipment, agriculture, forestry, aquaculture, agriculture, forest products.
From 15 to 300 billion 4 projects: health, culture, education, radio, tv, storage, construction, tourism, sport, scientific research and other projects.
From 7 to 200 billion III. GROUP C 1 The project: power industry, oil and gas, chemicals, fertilizer, machine building (including purchase and newbuilding ships, automobile Assembly), cement, metallurgy, mining, mineral processing; transport projects: bridges, seaports, river ports, airports, railways, highways. The school is located in the planning (not counting capital levels).
Under 30 billion 2: irrigation projects, traffic (in point III-1), water supply and infrastructure works, electrical engineering, electronics, information technology, medical devices, pharmaceutical goods, other engineering works, manufacturing, telecommunications, domestic BOT, built houses, schools inner-city transportation lines, has approved the detailed planning.
 
Below 20 billion 3 projects: infrastructure of new city;
the project: light industry, faience, porcelain, glass, printing; the National Park, nature reserve, construction equipment, agriculture, forestry, aquaculture, agriculture, forest products.
 
Under 15 billion 4 projects: health, culture, education, radio, tv, storage, construction, tourism, sport, scientific research and other projects.
Under 7 billion notes: 1. The project group A on railway, roads have to be segmented according to the length of the road, the level of road, bridge, under the guidance of the Ministry of transportation after the reunification with the Ministry of planning and investment.
2. The project construction headquarters, the work of State bodies must follow the decision of the Prime Minister.