Decree on issuing the Charter investment management and construction of the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
According to the recommendation of the Minister of construction, Minister of finance, Minister, Chairman of the State Planning Commission;
 
DECREE: article 1 attached to this Decree the Charter investment management and construction, replacing the Charter the basic construction management attached to Decree No. 385-dated 7-11-1990, and Established rules, verification, design review construction works attached to Decree No. 273-dated September 19, 1985 by the Council of Ministers.
Article 2 of the Decree has effect from the date of signing.
Article 3 the Secretary, the Chairman of the State Planning Commission, Ministry of construction, the Minister of finance is responsible for the detailed guide to the enforcement of the Charter investment management and building attached to this Decree.
Article 4 the Secretary of ministries, ministerial-level heads, government agency, the Presidents of the people's Committee of the central cities, is responsible for the implementation of this Decree.
The CHARTER INVESTMENT MANAGEMENT and construction (attached to Decree No. 177-CP dated 20 October 1994 from the Government) chapter I GENERAL PROVISIONS article 1 the explanation of terms: in this Charter, the terms below are interpreted as follows: 1-construction and investment management: investment management and state management is built on the investment and construction process from step identify investment project to make investments and to the process of putting the project into operation, using the specified goals.
2-project investment: project investment is a set of recommendations about which to create, expand or renovate those certain subjects in order to achieve steady growth in the number of, or improvements to enhance the quality of your product or service in a defined period of time.
3-construction: construction work is the product of construction technology attached to land (including water, sea and the continental shelf) was formed by building materials, equipment and labor.
Buildings include a category or multiple categories of works are in sync technology, complete (taking into account the production) to make the final product stated in the project.
4-owner: the owner is the owner of capital. The owner may be an individual or organization to abandon the whole or part of the capital and be responsible for mobilizing the remaining stake to investment under the provisions of the law.
The case of investment projects in mainly State owned, the owner is the person who granted the investment decision indicated right from the project and assigning responsibility to directly manage the use of capital.
5-total investment: total investment capital is expected to cost for the entire investment process in order to achieve the objective of investment to put into exploitation, use, at the request of the project (including the sliding elements).
6-total: total works is total costs necessary for the investment works are specific computing in engineering design phase. Total works include the expenses related to survey, design, construction, procurement of equipment, the cost of using land clearance and compensation costs, ancillary areas, home work, temporary housing construction worker for large scale works; other costs, including the cost of redundant (including the sliding elements).
7-capital investment: investment capital are finalizing is the entire cost of food made in the investment process to put the project into operation, use (the costs due to natural disasters or enemy, and the costs are unreasonable, unlawful were excluded).
8-construction standards: building standards are the legal documents including the regulations on technical conditions have to be used in the design, construction, management of civil and industrial.
9-standard construction: construction standards are technical standards are defined to make the jobs survey, design, construction, testing, quality assurance, applicable to each type of construction by the State or the professional construction manager.
Article 2 basic requirements of investment and construction management: 1-ensure the right strategic objectives of social-economic development in each period according to the Socialist orientation. Implementation of economic restructuring in the direction of industrialization and modernization, accelerate economic growth, enhance physical, spiritual life of the people.
2-mobilized and used efficiently for the investment capital in the country as well as of the foreign investment in Vietnam; good resources, tapping the potential of labour, land and other resources, all at the same time protect ecological environment.
3-construction must follow approved zoning, reasonable design, advanced, United States of America; Advanced construction technology; construction schedule, high quality, reasonable cost and warranty works.
Article 3 basic principles But of investment management and build: 1-investment management and to build must ensure creating the products and services of social and market acceptance of price, quality and meet the goals of economic and social development in each period.
2-implementation of unified state management mechanisms, policies and economic, technical standards for the whole process of investment and planning, from the building plan to sew and use of capital mobilization, technology selection, the solution architecture design, technical design construction, insurance, maintenance works.
3-make the right investment and construction sequence.
4-a clear delineation of the functions of State management with business management. Specify the responsibilities of the State administration, the owner, the advisory organization, the construction business, supplying materials and equipment in the course of construction and investment.
Article 4 the sequence of construction and investment: investment and construction process consists of 3 phases: 1-prepare 2-investment investment 3-end of building, insert the project into the harness use.
Article 5 investment projects: classification according to the nature and scale of the project, the investment was classified into three groups: A, B, C. Characteristics of each group are defined in the annex attached to this Regulation (particularly for investment projects by foreign direct investment are classified under separate regulations).
Article 6 responsibility for governance of investment and construction: 1-unity Government Administration nwóc on investment and construction of the economic sectors according to the law, consistent with the strategy of economic and social development and national defense, according to security planning, planned; issued the policy on the management of investments and construction: investment incentive policies for the fields and economic sectors, the preferential policies in investment, mobilizing mechanisms and payback.
2-the Prime Minister decides the project heading A delegation of Ministers, and the heads of ministerial agencies, Chairman of the provincial people's Committee, the central cities of the project investment decision in Group B and C according to the provisions of this Charter; private projects in Group B, before deciding to have the opinion of the Minister, the Chairman of the State Planning Commission. For the investment projects of the Government-affiliated agencies, organizations, unions centrally, the authoritative Prime Minister for heads the body that decided to invest in the project group C and delivered to the Secretary, the Chairman of the State Planning Committee decided the Group B project.

3-State Planning Committee: State Planning Committee is responsible for studying the mechanisms, the policy on the management of investments; planning the strategic objectives, the regulation of social-economic development, the region and the territory; determine the investment structure and list of priority investment projects for submission to the Prime Minister for approval, issued, or is the Prime mandate issued. Balance resources ensure investment needs according to the goals of development and economic structure. Guide to the preparation of the project; chairing the evaluation of investment projects in Group A to the prime investment decisions. Check, monitoring the implementation of the investment plan in the management by the State capital. Make sure the elements to perform partial mobilization plan investment results into action.
4-Ministry of construction: The building is responsible for the study of mechanisms, policies about construction management, planning, urban and rural construction, the Prime Minister's approval, issued; or is the Prime mandate is issued; issued or agreed to the building manager specialized in issuing the standards, rules, regulations and quality management economics building (the system of norms and technical-economic norms, price pooling); chairing the evaluation of project estimation in Group A the prime consideration to authorize the Secretary of industry management approval. Unified State management of investment consulting practice of building and construction business; management and bidding guidance, consultancy and construction contractor selection.
5-the Finance Ministry: the Ministry of finance is responsible for studying the mechanism of management of investment capital; the layout of the level of capital investment the State budget every year and measures to ensure balanced source process of the prime consideration, promulgation or be authorized by the Prime Minister. Management and allocate capital to the State budget and credit capital investment incentives in the State budget for the project, the objective of the Government's regulatory programs or for business lending through Bank of choice. The announcement of the plan to grant annual investment for the investor for the project are eligible under current rules; capital guarantee State budget and credit incentives for capital projects have been recorded in the investment plan; check the use of capital; guide the capital invested when the project (or projects) completion put into use; check settlement before the Agency approved investment decisions.
6-the State Bank of Vietnam: State Bank of Vietnam is responsible for studying the mechanisms of State management policy on currency, bank credit in investment and construction of the Government or a Prime Minister is the Prime mandate issued, instruct the Bank make the mobilization of domestic and foreign capital to the investor loans , and for the construction business working capital loans. The Bank decide whether loans, debt for investment projects according to market rates.
In collaboration with the Ministry of finance in the Bank selected resources appropriate to undertake the project loan from loan funds of the credit institution by the Ministry of Finance's international credentials.
7-the State Committee for cooperation and investment: the State Committee for cooperation and investment has responsibility for research policy mechanism attracting foreign direct investment the Prime Minister issued or is the Prime mandate issued investment licenses and guide the enterprises of foreign investment to implement the investment and build according to the law on foreign investment in Vietnam and the relevant provisions of the Charter; in collaboration with the relevant departments and organizations periodically check operation of enterprises under the investment license and other legal documents of the State.
8-other State functions are related: The functional State on land management, resources, technology, the environment, trade, the conservation of the Museum of monuments, landscape, cultural heritage, defence, political security and social order and safety, which is responsible only for the owner within a period not exceeding 30 days from the receipt of the text recommended by the owner and has the right according to the specific requirements of each project that made its management function in the investment and construction process, recommendations to suspend for investment activities and the unlawful construction.
The sector Manager is responsible for guiding the implementation of the specific mechanisms, investment policy and industry development of State management of investment projects in the industry.
The Ministry has specialized construction management (industrial, civil construction; building traffic, irrigation, mines, power lines and transformer stations, post office, agriculture, forestry); specific instructions the implementation mechanisms, building policy to suit the particularities of the majors; research and issued under regulation assigned by government standards, processes, technical construction; economic limit construction-engineering majors to issued with the agreement of the Ministry of construction.
9-the people's committees of provinces and cities under central: people's Committee, central cities are responsible for the administration of the State for all the organizations and individuals implement investment projects in accordance with the provisions of the law.
Article 7 responsibilities of the owner and the Organization of building, construction and equipment supply: 1-owner: the owner is responsible for performing or consulting organizations hire and construction businesses have legal personality, or evaluation project by the other consulting organizations; project management, the project investment through economic contract under current law.
The investor may use many different sources of capital under the provisions of this Charter in order to implement the project and is responsible for the continuous, comprehensive management of using investment capital from project planning, project execution and put the project into operation according to the requirements set out in the project browser.
The owner is responsible for repaying the loan capital, the capital on time and the condition has pledged to mobilize capital.
When the owner changes the new alternative is responsible for inherited the entire work of the previous owner and responsible of the investment work carried out during the incumbent.
The case owner is the real image of all business owners when bankruptcy then the investment made by the owner of which is processed according to the provisions of the law on enterprise bankruptcy.
When making feasibility studies and feasibility studies, the investor has the mission and requested the authorities of State directions on issues related to projects such as the land, resources, water resources, electricity, transportation, ecological environment, fire , protection of cultural relics, history, security defense.
2-The construction consultancy, construction and equipment supply: the organizations advice on investment and construction (survey, design, project implementation management ...), supply of equipment, supplies, building loop has the responsibility to fulfill the economic contract signed with the owner or operator of the project and is responsible before the law on the results and implementation contract.
Article 8 management principles using the capital source:

1-Which the State budget used to invest under the State plan for the project to build the economic infrastructure, the watershed forest planting projects, forest, national parks, nature reserves, the construction project of the cultural, social, and public welfare , governance, science and technology, defense, security and the key project of the State because the Government decided that no direct ability to payback.
2-credit Equity incentives in the State budget used to invest for the project to build the economic infrastructure, the production base to create jobs; the key projects of the State in each period (power, cement, iron, steel, water supply ...) and a number of other projects of the recovery likely industry which had been identified in the structure of the State plan. The deployment of oils for this project due to the Government the decision specific to each object in the plan period.
3-Which official development assistance (ODA) of the international organization and the main line direct support for the Government of Vietnam to be managed according to Decree No. 20-15-3-1994 Government.
4-commercial credit Capital refers to investment in new construction, renovation, expansion, technical innovation and technology business projects, effective services, likely payback and eligible for loans under the current rules. Commercial credit capital is applied according to the mechanism of self, the self pay and fully implementing the investment procedures and conditions of loans charged to capital.
5-Which itself mobilized by the State enterprises used to invest in production development-business and improving the quality and competitiveness of products; business must use the capital management regime. Enterprise-organizational management, the organization which is responsible for examining closely, make sure to use the correct capital purposes, effectively.
6-capital joint venture cooperation with foreign enterprises to the State under the law on foreign investment in Vietnam.
The case of the State enterprises be allowed foreign venture capital contribution by the right to use land, water, sea, plant, equipment and other buildings owned by the State must be allowed and authorized receive capital to be responsible for repayment to the State under the current rules.
7-people's contribution with money, materials, or labor for the investment projects are mainly used in the construction of public welfare works directly for the service, which is under the conditions when seeking funding.
8-capital of the State of economic organization and the capital of, the owner must establish procedures for the Agency to have the authority to consider granting business licenses, building permit.
9-managing capital of the foreign direct investment made by Decree No. 18-16-4-CP dated February 1993 the Government detailing the implementation of the law on foreign investment in Vietnam.
10-capital of the foreign agencies, international organizations and other foreign agencies are allowed to build on the land of Vietnam are managed according to the agreement or the agreement has been signed between the Government of Vietnam with the Governments or organizations, foreign bodies mentioned above.
11-A project can use many different sources of capital, but not be contrary to the rules of use of this Charter capital; do not use the career capital to invest in the construction of infrastructure works, except in the target program by government regulations. The local branches, not be arbitrarily moved investment capital has been issued or loans under the plan from this project to other projects without the opinion of the Prime Minister or the authorized bodies (the State Planning Commission, the Ministry of Finance).
Article 9: investment planning-investment planning must reflect all the capital investment of the economic sectors, first of all the projects of the State-owned.
2-investment plan under the project browser. Capital State-owned are browser once for the whole project according to the total invested in the investment decision. When the need to adjust the extended project progress must be authorized for investment decisions.
3-capital investment projects and business capital construction properties are to be included in the State plan and is managed according to this Charter.
4-sequence and conditions recorded investment plans: a) investment plan in order to be able to follow these steps: plan to fund the work of census, survey and planning industry, the territory planning, urban and rural construction.
Investment preparation plan covering the investment to implement the project (including the investigation, survey) project appraisal and investment decisions.
Preparation of the project allow capital to perform surveying, design, engineering, founded the total establishment of the bid, the construction of temporary housing, construction workers for the project need to be permitted and authorized costs for preparation work done in other relevant projects.
The project plan includes investment capital to make the purchase of equipment, construction and other costs related to bringing the project into operation, use.
b) record conditions on project investment plan: the project was written to prepare investment plans must be in sector development planning and territory.
The project was written to prepare plans of the project must have the appropriate investment decisions the provisions of this Charter.
Private investment projects have built up record in project implementation plan must have technical and design of estimation; or technical design and estimation under the stage, projects launched (for large scale construction projects, long construction time) be approved by the authority.
 
CHAPTER II article 10 INVESTMENT PREPARATION preparation: preparation content includes: 1-research on the need for investment and the investment scale.
2-conducted poll, the market exposure in the country or abroad to sourcing materials, devices or products. Consider the possibility that can mobilize the funds to invest and the choice of forms of investment.
3-the investigation, survey and select the construction location.
4-investment project.
5-project appraisal for investment decision.
Article 11 Establish investment projects: project investment process includes the following steps: identify the investment projects.
Feasibility research and feasibility studies.
For A group of projects and projects using ODA to proceed to step 2: feasibility study and feasibility study.
The remaining projects are taken a step: feasibility study.
Article 12 content of feasibility research report: 1-preliminary research results about the need to invest, the type of conditions to be able to proceed to invest (legal bases, conditions, natural resources, investment opportunities, market forecasting, etc.).
2-expected investment scale, the elements and the ability to ensure the project's operations, compared the choice of forms of investment.
3-Select the location and the construction sector expected to demand land use area.
4-preliminary analysis on technology, engineering and construction, the choice of solutions and resources to provide materials and equipment, sources and conditions of supply of raw materials, energy, services, infrastructure.

5-financial analysis: determine the total investment, the possibilities and conditions for the mobilization of resources; the estimated cost of production, the ability to payback debt, currency and interest rates.
6-preliminary calculations of investment efficiency in terms of Economics, the social project.
Article 13 contents of the feasibility study report: 1-The base to determine the need for investment.
2-choose this form of investment.
3-program production and the factors must meet.
4-the specific location (or works).
5-analysis of technical options technology.
6-The building solutions and projects.
7-mining management organizations, employers.
8-financial economic analysis.
The detailed content of the feasibility study report by the State Planning Commission and the Ministry of construction guidelines.
Article 14 evaluation of the investment project: 1-feasibility study report was issued through investment decisions in writing is the basis to conduct the feasibility study reports, or to continue exploration, negotiation, the signing of the agreement between the partners prior to the establishment of the feasibility study report. Depending on the complexity and meaning for each specific project, when through a study report, the level of investment decision may request that the relevant bodies have comments or through the authority to appraise. The deadline passed in writing no more than 20 days of getting enough outdoor facility (including the case right through the authority).
2-feasibility study report: Group A project must pass state appraisal Board before deciding to invest.
The President of the Council of the authority can choose organizations or consultants to assess each of the sides or the entire project before Council for consideration. Authority responsible before the law on evaluation results.
The project group B, C: level decided to invest can use the specialized agencies affiliated to the full capacity or established authority, or can choose from consulting to project evaluation before deciding to invest.
3-the evaluation of the projects of foreign direct investment have separate rules.
Article 15 requires the evaluation projects: 1-all projects are built in every capital and all economic sectors to the appraisal of construction planning, architectural projects, technology, land use, natural resources, protecting the ecological environment and social aspects of the project.
2. With regard to the use of capital investment projects of the State have to be appraised of the financial plan and the economic efficiency of the project.
3. for projects using ODA must conform to the requirements of the State and international practices.
Article 16 the Council assess the levels: the composition of the Council assess the levels are as follows: 1. The Council of State-level appraisal by the Chairman of the State Planning Committee Chairman. The permanent members are the Ministry of construction, Ministry of finance, Ministry of science, technology and the environment and Government offices. The other members by the President of the Council invited depending on the project. For the projects of foreign direct investment, the State Committee for cooperation and investment as permanent members.
2. the authority granted by the Vice President. The permanent members of the Council the Ministry's Director in charge of the formulation, planning, finance, accounting, economics, science and technology.
3. provincial authority by the Deputy Chairman of the provincial people's Committee as the President of the Council. The permanent members are the Chairman of the Planning Committee, Director of the construction Department and Director of the Department of construction management majors, financial, scientific-technological, Chief Architect in the city has been established.
Article 17 duration evaluation projects: 1. for investment projects in Group A due diligence period not exceeding 45 days from the receipt of a valid application.
2. for investment projects in the Group B evaluation time not exceeding 30 days from the receipt of a valid application.
3. for investment projects in the Group C evaluation time not more than 20 days from the receipt of a valid application.
Article 18 investment decisions: 1. All of the projects in the State capital to the investment decision of authority before making the investment.
2. content of investment decisions: a) identifies the owner and project implement forms.
b) determine location, land use.
c) design capacity.
d) total investment and capital sources.
e) bidding method, selected, or specify the bid.
h) building and the major progress milestone.
Article 19: change the content of the project: 1-when the need to change the content of the project must be approved by the authorized or decided that projects accepted in writing.
2-when the need to change the content of the project was decided to clearly explain the reason for the intended content changes and to conduct the evaluation, decision under the provisions of this Charter.
3-the project may be suspended or cancelled in the following cases: after 12 months when there are investment decisions if the investor does not implement projects without the approval of the authority.
Change the target of the project that was not approved by the authority.
Extends the implementation of the project too 6 months compared to the progress recorded in the investment decision (or the investment license) without good reason.
Article 20.
Project funding, investment project evaluation: 1-investment projects in the capital funding for the project assessment, included in that capital. The project has not yet identified the source of capital, then investors used its legal capital or bank loans to make and after determining the official capital will repay.
2-the level of funding for the project consulting, project appraisal by the Ministry of construction regulations after reunification with the State Planning Commission and the Ministry of finance.
 
CHAPTER III IMPLEMENTATION article 21 content INVESTMENT project for construction investments: 1-level certificate of right to use land (including water, the sea, the continental shelf).
2-preparing the ground for construction.
3-select the consultation survey, design, technical expertise and the quality of the work.
4-design works.
5-organization of procurement, equipment and construction.
6-building permit and license resources (if any).
7-signing of the contract with the Organization, individuals are related to project implementation.
8-construction works.
9-track, check out the performance of the contract.
Article 22, received the land building: 1-owner wishing to establish land use application for land under the provisions of the State.
2-time address application delivery land and out to the decisions of the competent authorities do not exceed 25 days from the date of receipt of a valid application.
3-the delivery, get to land at the scene was made when the investor has sufficient money to use land, cadastral fees and complete the procedure for compensation for damages under the provisions of the State.
Article 23: construction premises preparation 1-owner in charge on the ground clearance and compensation built before delivery using the building for construction unit. Investors can sign contracts with organizations who are dedicated to the work of the compensation and the local ground clearance to perform this task.
2-the work of ground clearance and compensation is made according to the regulations of the State.
Article 24 selected survey consulting, design, technical expertise and the quality of works:

The choice of building contractor is made according to the regulations of the State. The case of selected international consultants follow international practices, taking into account the specific conditions of Vietnam.
Article 25 the design works: 1-the legal document used to design.
The material on the probe, survey the topography, geology, hydrogeology, meteorology and materials used to build design works by professional organizations have legal personality established according to building standards, construction technical standards of the State. Applicable standards and technical standards in the construction of the Foreign Ministry of construction must be approved.
2-process design.
Depending on the nature and complexity of the works that make the design step 1 or step 2.
Works with highly technical requirements, have the foundations of complex hydrological geology must perform step 2: design the engineering design and construction drawing design.
Simple technique works or had design templates, non Foundation complex processing is done step 1: design the design construction techniques.
Design organization to establish total match with the design, engineering, or technical design.
The content design step by step profile made according to the regulations of the Ministry of construction.
Article 26 the appraisal and approval of the design: all construction projects in all economic sectors and sources of capital are to be appraised.
1-for the construction projects of the State-owned: technical design projects in Group A by the Minister of industry for approval after the management was professional agency evaluation.
Technical design of the project by the agency heads are authorized to approve investment decisions after the specialized agencies was appraisal. Private technical projects design in Group B of the part of the Government, organizations, unions centrally by the Minister approved construction.
2-for projects directly invested by foreign countries, the evaluation of the design according to the instructions.
3-for the economic component, The build guide people's Committee and the central cities of the design review divisions to suit the actual situation of the locality.
Article 27.
Building permit: 1. These cases are exempting building permit: works in A group project has been the prime investment decisions and management industry Ministers approved engineering designs.
Traffic engineering, irrigation in Group B and C approved technical design does not pass through the municipality and has the agreement of the Chairman of the provincial people's Committee.
The case of the repair does not alter the structural, architectural works and face no civil disputes.
2. the licensing authority: Minister of construction permit to build the project to build the Union on the basis of the relevant local confirm project eligibility granted a building permit.
The licensing of new construction, renovation, repair works on urban land made under Decree No. 91-CP on August 17, 1994 by the Government.
The Director of the Department of building construction permit the construction projects not in the land of the town.
President of the County, district, town tree construction permit individual housing and new construction have capital below 500 million.
3. Application for a license to build (or repair): application for permission to build (or repair).
Profile design works.
Land use right certificates.
The certificate of house use rights legally (if home improvement repair).
4. the term of validity of building permit: after 12 months from the date of being granted a building permit for which the owner has not yet started construction of the building permit was no longer valid.
5. Modification, additional building permit: When in need of additional modifications, building permit, the owner must have written authority proposal to grant a building permit review.
The Agency only has the authority to grant new building permits was the right to amend, supplement a building permit.
Article 28 permits the exploitation of resources: the case of investment projects in need of resource extraction, the owner must apply for the license resource extraction under Decree No. 95-dated 23 March 1992 of the Council of Ministers (Government) of the enforcement Ordinance of mineral resources.
Article 29 tender project: 1. The projects of the State-owned are to hold a tender or bid selection according to the regulations issued by the State (including the tender or the tender selected stores equipment; construction; and consulting) except the following project implementation method to specify the bid : project research nature, testing.
Project urgency due to natural disaster, the enemy.
The project has little value under 500 million.
The project has particular properties of a few Prime allows.
Financial institutions or banks of the levels not funding or loans for projects that the owner arbitrarily subcontract contravention on, at the same time handle relevant issues depending on the level of violation by the owner.
2. Depending on the scale, nature and type of the project and the specific conditions of each project, can hold a tender or bid the whole project, or individual works, projects, or the kind of massive work.
3. The organization of the international bidding for the project is held in Vietnam.
Article 30 economic contracts on consulting, equipment procurement and construction: consultation, equipment procurement and construction were done through contracts between the owner (or person authorized to legally) with consulting organizations, business and industry have enough legal right under the trades register are issued. Before signing the contract on the owner (or authorized person) must be based on the progress of the project, preparing the conditions to hold a tender or the tender according to the rules of the State or of international practices according to the project's investment capital.
Article 31 commencement conditions: All works like to start to have precipitated the conditions below: building permits (for the project to have a building permit).
Technical design (particularly for the State-owned buildings must have total be competent browser). The case for the large scale construction projects, building long time without qualified establishment of estimation to the engineering design and estimation are staged, or browsing the category works started.
Delivery of the tender contract.
Article 32 technical and quality management of construction: 1. survey organizations, designed to implement stricter internal review each of the projects. Each of the projects designed to have the Chairman of the projects of personal responsibility before the law on the quality and efficiency projects. Monitoring regimes author, head of projects of works closely with the owner and construction business timely solving the problems arising in the course of construction to ensure quality.
2. The construction business responsible to the State and the owner of the technique, quality construction. Construction business with technical check and quality to make the management of the technical facts and the quality of construction and installation; together with the investor, organization design, organization monitoring the implementation of the test records test the quality of each work, each of the categories and the whole works.

3. the owner is responsible for implementing or execution of counseling organizations hire the construction quality inspection during construction.
4. The Ministry of construction is the unifying function of State management of the quality of construction works, in collaboration with the specialized Ministry to enact or hierarchy issued the regulations on the management of professional quality.
5. The Department is the agency that helps build people's Committee, the city of centrally implemented system functions for the State management of the quality of construction works on the province, the city, is responsible for coordinating with the Department of specialized guide and organize the inspection, test State examiner, about the quality of construction works on the province, city.
Article 33 company: company work must proceed, immediately after every done ngững volume of works, the bearing structure, these parts or projects and the whole works.
Article 34 financing and payment: 1. Allocation, lenders, payment of capital projects, specify the bid according to the value of the volume achieved monthly test, but must be located within the annual investment plan and has scored in economic contracts and in the level of the estimation of the project browser.
For construction projects according to the method of bidding and bid selection, then the advance capital and payment can be made according to the bidding rules and select the bid.
With regard to the contract of building it was to advance at least 25% of the contract value.
2. In the end, the project owner from the French level only or maximum loan is 95% of the value of the volume year of the plan. The remaining 5% of the amount the investor payments right after the report.
3. The work of restoration, repair works, the Government goal of program decisions are more details from career capital construction nature of the State budget is also applied to the mechanism of the French supply and payment under the provisions of this Charter.
Article 35-settlement capital: 1. Every year, the owner must report the investment was made with the issuing agency or for a loan. When the project is completed (or projects), the owner must submit a report to the investment allocated, or for loans and investment decisions.
2. Projects of the different sources, in the report must breakdown each source of capital.
3. investment projects lasting many years, when finalizing the owner to redeem the investment made on the premises at the time of the handover in order to determine the value of the new fixed assets increase and asset value delivered.
The Ministry of construction is responsible for guiding the unified price conversion methods in each period to the investors make when finalizing.
4. Slowly as 1 month after the end of the plan year, the owner must complete the capital report done last year sent the agency allocated or loans and The provincial people's Committee or the city, centrally.
At the latest 6 months after the completion of projects put into operation, the owner must complete the report capital sent the agency allocated or loans, the Agency has the function of settlement or assessment the competent authority and the approval of the settlement.
5. The Ministry of finance is responsible for setting time manual finalizing, report content, content verification and approval of capital investment in the State-owned projects.
Article 36 verification and approval of the settlement: 1-before approving capital investment project completed should conduct verification: for projects in the Group A, the Ministry of finance is responsible for presiding over the investigation.
For the remaining projects by the ministries or the province to organize the investigation.
Financial institutions have a responsibility to check and have comments received in writing prior to the approval authority.
2-approval of the settlement: for complete investment projects (or projects) who has the authority to decide to invest at the same time as the settlement approval.
Private projects in Group A, the Prime Minister authorized the Minister of finance approved the settlement duyết.
With regard to the investment made, the agency allocated or to inspect loan capital used according to the approved plan.
3-cost assessment and browser is included in the settlement of capital project, led by the Ministry of finance regulations.
 
CHAPTER IV FINISHED building, PUT the PROJECT into OPERATION using Article 37 the content of the work of the end stage of building, insert the project into use: 1-handed.
2-end works.
3-warranty works.
4-operating the project.
Article 38:1-handed construction work must be delivered only to users when the complete construction according to the approved design and achieve quality requirements (including the Interior and exterior finishing works and clean sanitation of premises).
2-when the Commission, must communicate both the record complete works and the issues relevant to the work to be delivered.
3-The records of construction works to submit store according to the rules of the archives of the State.
Article 39 end of construction: 1-construction activity was ending when the works were handed over to the owner.
2-after the Commission, the building must liquidate or move most of its assets out of the construction area and return the loaned or leased land to serve the construction according to the provisions of the contract.
3-obligations under the construction contract be terminated completely at the end of the warranty period.
Article 40-warranty works: 1-supplying documents, survey data (including the product copy, drawing, experimentation) serves the design, construction and installation, testing, inspection process; The Chairman of the project design; Home bidding, the provision of materials and equipment for construction and building supervisors are fully responsible to the law on product liability or its work results done.
2-the warranty period; rights, obligations of the parties; implementation procedures, litigation regarding the rights and obligations which, by the competent State agency rules: for the survey product, design construction, due to The building regulations.
For other types of materials, equipment, goods and industrial products by the Ministry of science, technology and environment regulations.
Article 41: project operation after receiving delivery of the work, the owner is responsible for the exploitation, use of capacity, synchronization works organization of production, sales, service; improve organization and management methods; in order to promote the full range of technical-economic targets set out in the project.
Article 42 repaid capital: 1-recovery of capital investment is the voluntary principles required for all investment projects capable of payback.
2-for investment projects by the State budget funds, preferential credit, bank credit, the investment of the enterprises to which the owner is responsible for repayment or repayment of the loan, the funds to recover and repay the loan covers the entire depreciation basics , a part of the profit and other funds (if any).
The case of irrecoverable debts repayment and loan capital, the investor must bear responsibility according to the current law.

3-for the project by the direct lending business of foreign guarantee of the State, the responsible businesses pay according to the loan contract. The business case does not have the ability to pay off debt that has expired, then the guarantee agency are responsible to pay the debt, and commercial business property rights as stipulated in the law on enterprise bankruptcy.
 
Chapter V FORMS the GOVERNING PROJECT IMPLEMENTATION Article 43 forms the governing project implementation: depending on the specific conditions of the project (works) can apply the following management real: investors directly managing the project.
The Chairman of the project.
Keys.
DIY.
Article 44 the real Image direct owner project management: investors bid selection and direct organizations contracted with one or more of the advisory organization to perform surveys, design works, prepare the tender, tender or bid. After the owner contracts with a construction bid unit, task management, monitoring the construction process to ensure the progress and quality of work still do counseling organizations were selected.
Article 45 the form owner project: 1-owner organizations selected and contracted with a consulting organization instead of as the Chairman of the project stand out deals, signed with the institutions survey, design, supply, construction and installation of equipment, to perform the tasks of project implementation at the same time responsible for monitoring, managing the entire process of project implementation.
2-this form only applies to large scale projects, technical complexity and long construction period.
Article 46 key forms: 1-investor project tender to choose a contractor (General contractor) performs the entire implementation of the project (design, procurement of materials, equipment, construction, ...). The owner just browse the technical design, total, and received a delivery of the finished project when put into use. Construction general contractor may subcontract the survey, design, procurement of equipment or parts of the volume of building works for the subcontractors.
2-this form is often applied in the construction of buildings, works and works produced in small scale business, simple techniques. For these works (projects) are eligible to apply to this form.
Article 47 the DIY: form 1-owner used the force to be allowed to practise his construction to make construction volume.
2-this form only applies to works of repair, small scale improvements, special majors construction (construction, agriculture, forestry, etc.).
Article 48 the Organization construction and investment: investment consultant organization and build includes professional consulting companies in the economic sectors is established and functioning according to the law; the Agency has legal personality and is allowed to practice advice on investment and construction. Consulting organizations listed above depending on capacity can make the establishment or evaluation of the project (feasibility, feasibility); total design, drafting of tender, tender, monitoring and managing the process of construction, company and also contracted with other consulting organizations to perform part of the work of the Advisory mission.
 
CHAPTER VI Article 49 CONSTRUCTION BID MANAGEMENT principles established and construction management: 1-State management reviews to build through the enactment of policy regimes, the principle of the method of estimating, bases (technical-economic norms, unit price construction investment performance, ...) to determine the total level of investment projects, total works (or project) and estimating projects.
2-all the State-owned project must establish sufficient estimation documents define the necessary costs of the project, the construction of the works. The owner, consulting organizations is based on the construction cost management regulations of the State to establish, assess, and authority for approval of estimation, estimation categories as a basis to review the bid the State-owned projects. Construction contracting businesses based on the stipulated price management of the State's construction to reference when determining the tender price of the business.
3-the price paid (or projects) is the winning bid and the conditions stated in the contract between the oil and the construction business.
Article 50 the State management of construction: The building hosted the same state management agencies concerned are responsible for the management reviews building (the technical-economic norms, unit price, price, price consulting: prospecting, designing, planning, construction design) and directly manage the norm , the unit cost of public works projects in the Group A of the State as a basis for determining the price considering the bid (or tender when selected) and determine the unit price paid (specify State bidding case).
Article 51 total management of the State-owned projects: 1-Construction Minister chairing the appraisal of project estimation in Group A the prime consideration, the Minister of industry management authorization approval.
2-heads have the authority to decide the investment projects in the Group B and C approved total after valuation professional bodies.
Total private projects in Group B of the part of the Government, organizations, unions centrally by the Minister approved construction.
3-for the works done bidding method and choose the bid price winning bid does not exceed the total approved estimate.
4-for the works are allowed to specify the bid, the price paid in these cases really need only be crossed below the 5% of the total approved and must be approved by the total level of approval.
5-the case of total change from Group B to group A or group C from up up Group B, then the owner must report back to the browser in the feasibility study with the right authority decided to invest.
Article 52 buildings insurance: 1-when conducting construction and investment, the investor must buy insurance works at an insurance company be allowed to operate in Vietnam. For the projects of foreign direct investment to buy insurance as prescribed in the law on foreign investment in Vietnam.
2-the cost of insurance works is a division of capital investment projects. Insurance costs calculated at the rate of% compared to the value of works.
3-The organization of construction, Contracting, consulting organizations buy insurance for materials and equipment, factory construction service, personal accident insurance, liability insurance against third persons, insurance for the product survey, designed in the project implementation process. The premiums charged to cost of production.
4-conditions and rules of insurance rights and obligations of the parties to the insurance agreement by the parties but are not contrary to the rule of law in Vietnam, international practices and guidelines of the Ministry of finance.
 
CHAPTER VII INSPECTION, test and HANDLE breach of article 53 inspections, to check the activities of investment and construction: 1-all the investment and construction activities of all relevant organizations are subjected to inspection, inspection of the State authorities in each management field.
2-depending on the specific situation of each investment project, can the Inspector, checking each stitch or stitch all of the construction process.
Article 54

Handle violation for investors: 1-the investor must make the State's rules on the management of investment projects stipulated in the Charter, if damaging violations will be sanctioned administratively, or prosecuted before the law depending on the degree of violation.
2-When the owner doesn't fulfill its responsibility in economic contracts with the contractor Organization (consulting, equipment procurement, construction), the owner must pay the contractor organization fines violate the contract and in case of damage have to compensation under the provisions of the Ordinance on economic contracts.
3-When the owner of serious violation of the rules stated in the building permit, the toxic pollution to the surroundings, are at risk of collapsing buildings next to be technical examiners determined will is revoked the license to build and handle the offense.
Article 55 handle breaches the Organization (personal) project appraisal, design, total and the total settlement: Organization (individual) responsible for evaluation before the Agency decided to invest about the accuracy of the documents, data and conclusions in the report the results of its evaluation. The case of wrong decision authority (crashes, wasted or not effective, economic, social) because the materials, data and conclusions of the Organization (individual) appraise exactly lack Organization (individual) evaluation which dealt with administratively or may save the criminal liability.
Who has the authority to decide wrong about investment policy, location, construction, etc. cause serious consequences on the social, economic, environmental, the signers decided to take responsibility before the law.
Article 56 for the infringement processing consultancy, supply of equipment, construction and installation: 1-cases detected risk losing labor safety during construction, or building institutions violated several times the rules of safe labor, construction management, construction safety inspector has the right to temporarily suspend construction.
The temporary suspension of execution will expire when the building organizations has overcome the risk or breach thereof.
2-major violations on technical advisory organization or organizations build triggers do a serious decline in the quality of the project (works) cause collapse, damaged, including the case when putting projects (works) to exploit the use of the consultant and the Chairman of the Organization of the project construction organization design or to compensation for damage and was elements before the law.
3-If the advisory organization, supply organization construction equipment does not perform properly the contract about the quality, progress and then subjected to offset any loss and be subject to fines. Specific penalties (not including costs, repair damaged ...) by the unity party scored in economic contracts but not more than 10% of the total costs of the consultancy work or 5% for the offending devices or value of 5% of the value of construction volume section violates. Fine source of profits from use of the unit, after having performed the obligation to pay tax to the State.
Article 57 sanctions against individuals.
For those individuals in the agency owner, consulting organizations, providing supplies and equipment construction and the relevant authority when violations suffer the sanctions administrative, material compensation or be prosecuted before the law depending on the degree of violation.
 
CHAPTER VIII TERMS OF IMPLEMENTATION of Article 58 A Charter alternative to a Charter of basic construction management attached to Decree No. 385-dated 7-11-1990 and regulations establish, verify, review of the design of construction works attached to Decree No. 237-dated 19 September 1985 by the Council of Ministers.
Article 59 sets of Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, central cities are responsible for the full implementation of this Charter.
The Minister of construction along with the heads of the relevant Government Ministry issued the necessary documents attached to this Charter and is responsible for guiding, monitoring the implementation check.
Article 60 A statute to take effect from the date of enactment and applies to all economic sectors in the country.
 
APPENDIX CLASSIFICATION of INVESTMENT PROJECTS (attached to the Charter investment management and building attached to Decree No. 117-CP dated 20 October 1994 from the Government) investment projects (not to mention the project of the foreign direct investment) are classified into three groups A, B and C according to the rules below : 1-A group project is the project that one of the following conditions: 1.1-The new investment projects regardless the level of capital in the scope of national security or political sense, of the country's important social and investment projects in the sector: production of toxic substances , explosives, mining and processing of rare minerals (gold, silver, precious stones, rare-earth).
1.2-The investment project has a total investment is greater than the level specified below: a) On 200 billion Vietnam or over 20 million USD for the industrial sector: electricity, mining, metallurgy, machinery, fuel and cement.
The transportation industry, irrigation, urban water supply and sewerage.
b) On 100 billion Vietnam or over 10 million USD in the heavy industrial sectors: electrical, electronics, chemical, fertilizer, mechanical manufacturing, building materials.
Light industry: faience, porcelain, glass, paper, textiles, leather, apparel.
The post office.
The manufacturing industry: pharmaceutical goods, medicines, food products processing, fisheries, agricultural production (not including the station camp) aquaculture.
c) over 50 trillion Vietnam or above 5 million for the rest of the industry.
1.3-project restore, renovate expand technical innovation, have a total investment by 70% compared with the level of investments specified in section 1.2.
2-projects in Group B as the projects have one of the following conditions: 2.1-investment projects in the section 1.2 a) have a total investment from 25 billion to 200 billion Vietnam Vietnam or the use of foreign currency from 2.5 million to 20 million.
2.2-investment projects in items 1.2 b) has a total investment of 15 billion to 100 billion dong Vietnam Vietnam or the use of foreign currency from 1.5 million to 10 million.
2.3 – investment projects in category 1.2 c) have a total investment of 5 billion to 50 billion dong Vietnam Vietnam or the use of foreign currency from 0.5 million to 5 million.
2.4 the project in section 1.3. total capital investment levels by 70% compared with the level of investments specified in section 2.1; 2.2; 2.3.3-projects in the Group C is the project not the subjects mentioned above.