Decree on amending and supplementing a number of articles of Decree No. 16/2005/ND-CP on the management of investment projects in construction _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law building on November 26, 2003;
Considering the recommendation of the Minister of construction, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 16/2005/ND-CP of July 8, 2005 on the management of government investment project construction works as follows: 1. Amendments, supplements article 3 paragraph 1 as follows: "1. for projects using the State budget, the building owner due to the investment decision decided before the establishment construction investment projects consistent with the provisions of the law on the State budget.
a) for the project by the prime investment decision, the owner is one of the agencies, the following organizations: ministries, ministerial agencies, government agencies, other central agencies (collectively referred to as The Agency), provincial people's Committee, the central cities (collectively, the provincial people's Committee) and State enterprises.
b) for projects by the Minister, The agency heads, the President of the people's Committee of the level of investment decisions, the investment management unit, is used.
Unspecified case management unit, use the process or management units, use the work does not qualify the owner then decided to investment choice units are eligible for the investor. In the case of unit management, use of works not eligible investors, who decided to invest the assigned unit will manage, use the process responsible for election participants with the owner to manage the construction investment and management of reception , used when the process is complete. "
2. additional amendments clause 1 article 4 as follows: "1. for important national projects according to resolution No. 66/2006/QH11 of Congress, the owner must report the investment process considers Government to process through Congress and advocates to permitted investments. For other projects, the owner is not reporting investment.
The project group A is not in the master plan was approved by the authority, the owner must report the logical industry to consider additional planning, according to the authority or the Prime Minister approves planning supplement before project construction investment.
The location, the scale of construction must conform to the building plan was approved by the authority; If not yet in construction planning, the people's Committee should be granted the province approved. "
3. Amendments, supplements article 7 as follows: "article 7. Basic design content of the project 1. Basic design content includes captions and section drawings, warranties expressed was the design, is the base for determining the total investment and deployment of the next design step.
2. the theory of intelligent design basis includes the content: a) the characteristics of the premises; the online approach works for the construction under online; the architectural approach to the architectural requirements; plans and schematics for the technology works has the required technology;
b) bearing structure of the work; Prevention of fires; protection of the environment; system engineering and technical infrastructure works, the connection with the technical infrastructure works outside the fence;
c) characterize the load and the implications for the work;
d) directory of standard rules, standards are applied.
3. the basic design drawing is shown with the dimensions, mainly including: a) drawings of the premises, the online approach works for the construction under online;
b) expression approach drawing architecture for works that require architecture;
c) technology scheme for works that required technology;
d) drawings express the main bearing structures of buildings; systems engineering drawing and technical infrastructure works. "
4. Amendments, supplements article 8 as follows: "article 8. Records the approval of investment projects in construction project approval process record investment in building construction including: 1. the project approval Sheet according to the model in Appendix 2 attached to this Decree;
2. The project consists of the presentation and the design basis;
3. The text of the assessment the competent authority;
4. The text allows for investment projects of national importance; the additional approval of the planning for A group project yet in the planning industry. "
5. Amendments, supplements article 9 as follows: "article 9. Competent appraisal of investment projects construction 1. The decision of responsible investment project appraisal organization before approval. Focal project appraisal is the professional units subordinated to the investment decision. The evaluator of the project are responsible for submitting project ideas design facility of the competent agency specified in clause 6 of this and opinions related agencies to appraise the project.
2. The Prime Minister established the Council of State assessment of the investment project to organize the evaluation project by the prime investment decisions and projects if necessary.
3. for projects using the State budget: a) The Agency held its project appraisal for investment decision. Focal organized project appraisal is the professional units directly under the investment decisions;
b) provincial people's Committee held its project appraisal for investment decision. The Department of planning and investment is the focal project appraisal organizations.
The people's Committee at district level, the social organization of project appraisal investment decisions by themselves. The clue is the project appraisal function budget plan management directly under the investment decision.
4. for other projects, the people decided to invest himself held project appraisal.
5. for projects of a particular construction, the project appraisal made under the provisions of Decree No. 74/2005/ND-CP dated 10 June 2005 by the Government.
6. Authority to appraise base designs: a) for important national projects and the project group A, irrespective of resources, the evaluation of the basic design are as follows: Ministry of industry organization design basis of the investment project in the works to build mine , oil and gas, power plants, electrical transmission lines, transformer stations, chemicals, explosives industry, machine building, metallurgy and other industrial majors;
The Ministry of agriculture and rural development organization evaluation of the basic design works in investment projects to build irrigation, Dyke;
The Ministry of transport of the organization design basis of the investment project in the public works building traffic;
The Ministry of construction organization design basis of the works under the project building civil works, construction materials industry, urban infrastructure and investment projects to build other buildings due to the Prime requirements.
Private investment projects for the construction of a civil works under 20 floors, the Department of construction organization design basis.
The project includes many different kinds of works, then The host base design is one of The above functions to manage the process to decide the nature and objectives of the project. The host has base design responsible for the written opinions of the Ministry of public works management, specialized and related agencies to appraise base designs.

b) for project groups B, C, irrespective of resources, except the project group B, C in c, d, the evaluation of the basic design are as follows: industrial organization design basis of the investment project in the works to build mine , oil and gas, power plants, electrical transmission lines, transformer stations, chemicals, explosives industry, machine building, metallurgy and other industrial majors;
The Department of agriculture and rural development organization evaluation of the basic design works in investment projects to build irrigation, Dyke;
The Department of transportation organization design basis of the investment project in the public works building traffic;
Department of construction organization design basis of the works of the project construction of civil and industrial building materials and construction investment projects in other works by the people's Committee Chairman granted the request.
Private investment projects in the construction of urban infrastructure, the Department of construction or major department or the Department of transportation design organization basis consistent with the functions and duties by the provincial people's Committee.
The project includes many different kinds of works, the Department chaired the organization design basis is one of the above functions to manage the process to decide the nature and objectives of the project. The Department chaired the Organization the evaluation design is responsible for the written opinions of the Department of construction management majors and related agencies to appraise base designs.
c) for Group B, C projects by the Ministry of industry, Ministry of agriculture and rural development, the Ministry of transport, Ministry of construction, the corporations and the State investment corporation specialized in the management of his Ministry, this business valuation organization design basis after the opinion of the local planning and building protection the environment.
d) for Group B, C projects are under construction in various local routes, the Ministry specified in point a of this paragraph organization design basis and responsible local opinions where there is construction work on planning the construction and protection of the environment.
7. organizational assessment agency design basis has the responsibility to send the results to verify the basic design to the project evaluator. Design time than 30 day basis working for national important projects, 20 working days for A team project, 15 days working in the project group B and 10 working days with the project group C from the date of receipt of a valid application. "
6. additional amendments to article 10 as follows: "article 10. Content evaluation of investment projects in construction 1. Content evaluation of investment projects in the construction of the investment decisions: a) consider the factors that ensure the effectiveness of the project, including: the need for investment; the inputs of the project; the scale, capacity, technology, time, the progress of the project; financial analysis, socio-economic efficiency of the project;
b) reviewed the factors which guarantee the viability of the project, including: the fit with planning; land use needs, resources (if any); clearance ability, the ability to mobilize capital to meet the progress of the project; the management experience of the owner; results the evaluation design; the ability to repay the loan; fire prevention solutions; the factors affecting the project as defense, security, the environment on the basis of the written opinion of the body concerned and the provisions of relevant laws.
2. Content of the design basis of the competent agencies: a) the suitability of the basic design with construction planning; the connection with the technical infrastructure works outside the fence;
b) the application of the standard rules, standards of construction, environment, fire prevention;
c) condition of capacity building activities of the advisory organization, capacity of practice of individual design basis according to the rules. "
7. Amendments, supplements paragraph 1, paragraph 4 Article 12 as follows: a) modify, supplement paragraph 1 as follows: "1. When investing in the construction of the following buildings, the investor does not have to establish the project construction works that only economic report-construction techniques to process the approved investment decisions : a) buildings for religious purposes;
b) The new construction, repair, renovation, upgrading, has a total investment of under 7 billion, in line with the development of social-economic, sector planning, building planning; unless someone decides to invest the necessary and required to establish investment projects construction. "b) modification, additional paragraph 4 as follows:" 4. The owner has the responsibility to organize the evaluation design drawing to the investment decision to approve technical-economic report. "
8. Amendments, supplements article 13 paragraph 1 as follows: "1. Projects of building construction are adjusted when there is one in the following cases: a) is affected by a natural disaster such as an earthquake, hurricane, flood, floods, tsunami; title graphics or other unforeseen events;
b) appears the elements bring greater efficiency to the project;
c) When planning to build changes directly affect the location, scale, nature and objectives of the project. "
9. Amendments, supplements article 17 paragraph 1 as follows: "1. Before construction works, the owner must have a building permit, including the competent authority verify the basic design, except for the construction of the following buildings: a) works under the State secret construction, emergency orders, temporary structures serving major construction;
b) construction work by not going through the municipality, but in accordance with approved building plans, works in construction investment projects were the competent State agencies;
c) construction project in the urban area, industrial zones, residential construction details on planned rate of 1/500 was the competent State agencies;
d) works to repair, renovate, equipment installation inside does not change the architecture, bearing and structural safety of the buildings;
DD) technical infrastructure works in small scale in remote areas region;
e) individual housing in remote areas not belonging to the municipality, not in concentrated population points; individual houses in the rural settlement not yet have approved building plan. "
10. Amendments, supplements paragraph 3 Article 18 as follows: "3. Design drawings show the location of the premises, the cut, the facade of typical; using the Foundation of works; location or online works; the system diagram and technical connection points power supply, water supply and drainage; the snapshot status quo (for repair works, restoration requires a building permit).
For works have to be competent authorities appraise base designs, the owner filed results evaluation of the basic design instead of the documents referred to in this paragraph. "
11. additional amendments to article 35 as follows: "article 35. The form of project management 1. The investment decision to decide the form of project management according to the provisions in paragraph 2 to article 45 of the law building.

2. in case the investor directly manage the project owner Project Management Committee established to help investors do manage projects. Project management the Organization has the capacity to perform project management duties at the request of the owner. Project management can hire management consulting, monitoring some parts work that project management does not qualify, the capacity to make but must be approved by the owner.
For small scale projects, simple have a total investment of under 1 billion, then the investor may not establish project management which uses his expertise to the management, project or hire someone who has the expertise and experience to help manage project implementation.
3. where the owner hires management consulting organization project, the advisory organization that must have qualified management organization capacity consistent with the scale, the nature of the project. The responsibilities and powers of the management consultancy projects are carried out according to the contract agreed upon between the two sides. Project management consultant was hired, individual counseling organizations join the management but must be approved by the owner and in accordance with the contract signed with the owner. When applying this form of project management rental, the owner must still use the specialized units in his or assigned clues to check, monitor the implementation of contracts project management consultant. "12. Amendments, supplements Article 36 as follows:" article 36. The duties and powers of the investor and project management in the event of the owner's project management board 1. The owner performs the tasks, powers since the preparatory phase of the project, the project to when collecting handed putting works into the harness used to ensure efficiency, the feasibility of the project and in compliance with the provisions of the law. The owner is responsible for establishing the project management committee to help investors manage project implementation. The delivery of tasks and authorization for project management should be reflected in the decision to establish a project management Committee. The owner is responsible for the direction, check and take responsibility for the results of the mission and powers of the Board of management of the project.
2. project management tasks by owner and owner powers authoritative. Project Management Board responsible to the owner and the law according to the tasks and powers is authorized. "
13. additional amendments to article 37 as follows: "article 37. The duties and powers of the investor and project management advice in case the owner hired project management consultant 1. The owner performs the tasks, powers since the preparatory phase of the project, the project to when collecting handed putting works into the harness used to ensure efficiency, the feasibility of the project and in compliance with the provisions of the law. The owner is responsible for the selection and contracting of consulting organizations manage projects that qualify the capacity management organization to help investors manage project implementation. The owner is responsible for checking and monitoring the implementation of contracts project management consultant.
2. project management tasks and powers as agreed in the contract signed between the investor and project management advice. Project management consultant is responsible before the law and the owner on the implementation of the commitments in the agreement. "
14. additional amendments clause 2, clause 5 Article 43 as follows: a) additional amendments clause 2 as follows: "2. Investment capital are finalizing is the entire legal costs made for construction and investment projects in the mining, use. Legal costs are costs that are realized in the scope of design, estimates have been approved including the adjustable parts, additional fees are made true to the contract concluded, in accordance with the provisions of the law. For projects using the State budget, the capital invested in the settlement are limited to total investment was approved by authority. "b) modify, Supplement 5 clause as follows:" 5. The owner is responsible for making investment capital project completion to the authority for approval at the latest 12 months for the projection National important projects and project group A; 9 months for the Group B project; 6 months for the Group C project since the work put into exploitation, use. After six months since the decision approving settlement projects completed, the owner has the responsibility to resolve the debt, all payment accounts of the project at the Agency for payment, loan capital. "
15. additional amendments to article 46 paragraph 1 as follows: "1. Depending on the scale, nature and time requirements of the project, the owner contracts with one or more of the main contractor. The main contractor can sign contracts to perform the work with one or more sub-contractors but must be approved by owner in the contract concluded with the owner and in accordance with the provisions of the law of tenders. "
16. Replace Annex number 1 on investment projects classified building attached to Decree No. 16/2005/ND-CP of July 8, 2005 by the Government on the management of project construction investment by the annex on classified projects building attached to this Decree.
Article 2. Remove the Article: 24, 25, 26, 27, 28 and 29 on the selection of contractors in construction activities of Decree No. 16/2005/ND-CP of July 8, 2005 on the management of government investment project construction.
Article 3. Handle forward 1. The investment project of construction was approved before the decree to this effect but not yet implemented or are incomplete, the implementation must not do the procedure of approval of the project again, the next job is done according to the provisions of this Decree.
2. The project construction works have not yet been approved, then follow the provisions of this Decree.
Article 4. This Decree enforcement provisions have effect after 15 days from the date The report.
The Ministry of finance is responsible for guidance on insurance in construction activity. The Ministry of construction is responsible for establishing the information system of the capacity and activities of the Organization, building consultants, individual contractors construction activity within the country, including foreign contractor building activity in Vietnam.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, Chairman of the Board of the State enterprises and the related organization is responsible for the implementation of this Decree.