GOVERNMENT DECREE on management of project construction investment the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law building on November 26, 2003;
According to the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. The scope of application of this Decree Law enforcement guidelines build on established, the project construction works; the contract in construction activities; conditions of the capacity of the Organization, the individual project construction, survey, design, construction and supervision of building works.
Article 2. Project classification and state management for project construction 1. The project construction works (hereinafter referred to as the project) are classified as follows: a) according to the scale and nature of national important project because Congress passed the policy and allow investment; the remaining projects are classified into 3 groups A, B, C as specified in annex 1 of this Decree;
b) As investment capital:-use of capital projects budget;
-Use of capital projects by the State credit guarantees, credit capital investment and development of the State;
-Use of capital investment projects development of State enterprises;
-Use of other capital projects including private capital or mixed use multiple sources of capital.
2. The investment construction must conform to overall planning the social-economic development, planning, building planning, ensuring security, social safety and environmental safety, in accordance with the provisions of the law of the land and other related laws.
3. In addition to the provisions in paragraph 2 of this Article, the subject of resources used for the project, the State also managed according to the following rules: a) for capital projects budget including the project component, the State manage the entire construction process from the identification of investment undertakings , projects, investment decisions, set design, the total estimation, selection of contractors, the construction until the trials, hand over and put the work into use. The investment decision is responsible for arranging financing according to the progress of the project, but not more than 2 years for the project to group C, 4 years for the Group B project. The project using the State budget because the State Agency has the authority to decide according to the hierarchy in accordance with the provisions of the law on the State budget;
b) for projects of the business use of capital by the State credit guarantees, credit capital investment of State capital and development of State enterprises, the State only managed about scale and investment undertakings. Businesses have the responsibility project implementation and project management of under the provisions of this Decree and the provisions of the relevant legislation;
c) for the use of other capital projects including private equity, investors decide the form and content of project management. For the mixed use project to many different sources of capital, the sides had agreed on the method to manage or administer prescribed capital the largest rate% of total investment.
4. for the project by Congress through investment undertakings and project group A consists of many components, project if each project components can operate independently, extraction or follow the investment divergence recorded in writing approved investment report, each managed component project , implemented as a stand-alone project.
Article 3. Owner building construction owner is the person who owns or is assigned people to manage and use the capital to invest in the construction of works include: 1. for projects using the State budget, the building owner due to the investment decision decided before the establishment of the project construction line with the provisions of the law on the State budget.
2. The projects using credit loans people capital is invested.
3. The use of other capital projects, the owner is the owner of capital or is represented under the provisions of the law.
4. for the projects which use the mixture, then the investor due to the capital contribution agreement members sent out or is the person who has the highest ratio of capital contribution.
CHAPTER II ESTABLISHMENT, appraisal, APPROVAL of INVESTMENT PROJECTS in CONSTRUCTION of article 4. Reporting on investment construction and ask permission to invest 1. National important projects are reporting construction investment to process through Congress and advocates to permitted investments; the project group A does not distinguish capital sources are reporting construction investment to the Prime Minister for allowing the investment.
2. investment report content built works include: a) the need to invest in the construction works, the favorable conditions and difficult; the mode of exploitation and utilization of national resources if available;
b) expected the scale of investment: capacity, building area; the projects include the main works, the extra works and other works; expected construction of the location and needs of land use;
c) analysis, preliminary selection on technology, engineering; the conditions for providing materials and equipment, raw materials, energy, services, technical infrastructure; approach clearance, resettlement if available; the effects of the project on the environment, ecology, fire prevention, security, Defense;
d) investment form, determine the total investment, the duration of the project, financing projects under progress and socio-economic efficiency of projects and investment if there is divergence.
3. Please allow a construction investment) investor is responsible for sending the report to the construction investment management industry. The sector Manager is the clue to help the Prime Minister taking the opinions of the ministries, relevant local, General and suggested the Prime Minister's comments.
b) time limit for comments: within 5 working days of receiving the report construction investment, industry Manager must send the written opinions of the ministries, local relevance.
Within 30 working days from the receipt of the proposal, the Agency asked the opinion must have a written answer on the contents in the range of his management. Within 7 days after receiving the written answer under the time limit on, industry Manager must report to the Prime Minister.
c) reported the Prime Minister include: summarize the content of the investment report, summary of comments the ministries and proposed ideas for allowing construction work accompanied by the original text of the opinions of the ministries, local relevance.
Article 5. Project construction investment 1. When the construction works, the owner must have held up the project to make clear about the need for investment and the investment performance of construction works, except in the following cases: a) works only requires reporting of technical-economic construction of the provisions of paragraph 1 of article 12 of this Decree;
b) The construction of individual houses is prescribed in clause 5 Article 35 of the law on construction.
2. Content of the project cover the presentation according to the provisions of article 6 and the basic design in accordance with article 7 of this Decree.
3. With respect to the Group B project is not yet in the social-economic planning, planning, planning the construction industry before founding the project must have the opinion and agreement of the competent authority approval of the master plan.
Article 6. The content part of the project

1. The need and investment objectives; reviews of market demand, product consumption for production projects; the business form of construction works; location of construction, land use needs; conditions of supply of raw materials, fuels and other inputs.
2. Description of the scale and an area of building construction, the projects include major works, the extra works and other works; analysis of technical options, technology and capacity.
3. The solutions implemented include: a) approach clearance, resettlement and support projects to build infrastructure if available;
b) the architectural design for the works in urban and architectural request works;
c) mining project approach and use of labour;
d) segment done, progress and project management forms.
4. environmental impact assessment, solutions, against fire, explosion and the requirements of security and defense.
5. The total cost of the project; possibility of arranging, funding and funding possibilities under the schedule; repayment plan for the project that requires divestment; the financial criteria and analysis assess economic performance, social efficiency of the project.
Article 7. Basic design content of the project 1. The content part the basic design of the project must be primarily a design solution, ensuring qualified to determine the total investment and deployment of the next steps, including presentation and drawings.
2. basis of presentation design are presented separately or presented on the drawings to interpret the design with the following principal contents: a) summarized the mission design; brief relationship of works with planning to build in the area; the data on natural conditions, load and impact; Directory of standards, standards are applied.
b) presentation technology: brief technology projects and technology scheme; Directory of technology equipment with specifications primarily relating to building design.
c) demonstration of construction:-overview of the ground: brief characteristics of the ground, pitch and coordinates construction; the technical infrastructure and the connection point; an area of land use, construction area, an area of trees, building density, land use, elevation leveling and other necessary content.
-In respect of construction works under online: brief characteristics, higher level works online and coordinates construction, process the main obstacles on the route; protected corridors and other characteristics of the process if there are;
-For works that require architecture: brief relationship of works with the planning of building in the area and the surrounding buildings; the idea of architectural designs; the color works; design solutions suited to the climate, the environment, culture and society in construction;
-Technical part: brief geological characteristics of works projects to strengthen the background, nails, the main load-bearing structure, system engineering and technical infrastructure works, leveling, digging the soil; Directory of software used in the design;
-Brief fire, explosion prevention projects and environmental protection;
-Estimated volume of construction, equipment to establish the total cost and construction time.
3. The basic design drawings include: a) embodied technology drawing diagrams technological lines with the specifications mostly;
b) construction drawings express the total solutions, architecture, systems engineering, structural and technical infrastructure works with the size and volume of primarily, the landmarks, coordinates and altitude;
c) system diagram drawing room against fire, explosion.
4. for the project construction has a business purpose, then depending on the nature and content of the project can reduce some basic design content specified in paragraph 2 of this Article, but be sure to ask about the planning, architecture, determine the total investment and the calculation results of investment projects.
5. The number of captions and the drawing of the basic design was created a minimum of 9.
Article 8. Records the approval of investment projects in construction 1. The owner is responsible for applying the project construction works to the investment decision for approval.
2. investment project profiles built works include: a) project approval process Sheet according to the model in Appendix 2 attached to this Decree;
b) project includes presentation and design; due diligence documents of the ministries concerned (if any);
c) allows the investment of authority for national important project, the project group a. Article 9. Competent appraisal of investment projects construction 1. Evaluation of investment projects in construction including joint appraisal presentation and evaluation of the basic design of the project.
2. The Prime Minister established the Council of State assessment of the investment project to organize the project by Congress through investment undertakings and other projects by the Prime requirements.
3. provincial people's Committee organized the appraisal of projects using capital budgeting under its decision. Other projects by people with the authority to decide on investment appraisal organizations.
4. Authority to assess the basic design for the project to group A shall be as follows: a) The industrial design basis of the investment project of construction of mines, oil and gas, power plants, electrical transmission lines, substations and industrial specialization;
b) Ministry of agriculture and rural development organization evaluation of the basic design of the project to build irrigation, Dyke;
c) Ministry of transport organized the design basis of the investment project of construction traffic;
d) Ministry of construction organization design basis of the investment project of construction of civil works, industrial (excluding the industrial evaluation by the Ministry of industry) and the project to build other buildings due to the Prime requirements.
DD) for projects related to the construction of many major Ministry chaired the evaluation design is The function of the State management sector has the deciding factor about the nature and goals of the project, is responsible for obtaining the opinions of the ministries concerned.
5. jurisdiction to assess the basic design for the project of Group B, C of the ministries, local and other economic components to build locally made according to the following rules: a) industrial design evaluation organizations facilities of the project to build mine , oil and gas, power plants, electrical transmission lines, substations and industrial specialization;
b) Department of agriculture and rural development organization evaluation of the basic design of the project to build irrigation, Dyke;
c) Department of transportation organization design basis of the investment project of construction traffic;
d) design construction base of the investment project of construction of civil works, industrial (except industrial buildings by the Department of industry evaluation organization) and the project construction investment by the province people's Committee Chairman asked.

DD) case of investment projects in construction related to a variety of majors, the Department chaired the evaluation design is the Department of State management functions of the industry there are factors that determine the nature, the objectives of the project, is responsible for obtaining the opinion of the Department concerned.
6. With regard to the basic design of the project group B, C have the construction line through many local due The specified in clause 4 of this assessment and the organization is responsible for obtaining the opinion of the relevant Departments on planning environmental impact of construction, where there is construction work.
7. The evaluation of the investment project of construction that requires security, secret defense made according to the regulations of the Government.
8. The owner is responsible for the project profile submitted to the competent State agencies as defined in paragraph 4, 5, 6 of this assessment for the basic design. Design time than 30 day basis working for A group project, 15 days for the Group B project and 10 working days with the project group C from the date of receipt of a valid application.
9. Time of project appraisal, including assessment time design, not too: 60 days for A group of projects; 30 days to work with project B, 20 working days with the project group C from the date of receipt of a valid application. Special cases, project appraisal time longer possible but must be people who decide to invest.
10. project appraisal fees, design basis by the Ministry of finance regulation after the reunification with the Ministry of construction.
Article 10. Content evaluation of investment projects in construction 1. Conformity of the project with the planning of social-economic development, industry development planning, building planning; case the planning on the right are of the opinion and agreement of the State Management Agency about that field.
2. The content of the project made under the provisions of article 6 of this Decree.
3. Conformity with the report construction investment has been the National Assembly or the Prime Minister to allow the investment for the project is reporting construction investment.
4. The suitability of the design of construction planning, construction scale, technology, design capacity, level of works; the figures used in the design, the standard rules, the applicable standards; the technical-economic indicators compared with the requirements of the project.
5. Fit of the basic design with architectural projects were selected through examination with regard to the case of examination methods in architecture.
6. The rationality of design solutions in the design basis.
7. Conditions of operational capacity of the organizations consulted, the capacity of practice of individual projects and design basis according to the rules.
Article 11. The Authority decided to invest construction 1. The Prime project investment decision has been passed by Congress and advocates to permitted investments.
2. for other projects which use State budget: a) Ministers, heads of ministerial agencies, government agencies, the financial administration of the party, the central organ of the Organization of social-political, social-political organizations professional and President of the provincial people's Committee decided to invest in the project group A , B, C. Ministers, heads of ministerial agencies, government agencies and the Chairman of the provincial people's Committee is authorized or decentralized investment decisions with respect to the project group B, C for the direct subordinate agencies;
b) President of the people's committees at district level, the social level are decided to invest in projects in the scope of local budget after peoples Council through the same level;
c) depending on the specific conditions of each locality, the Chairman of the provincial people's Committee of the specific regulations for the people's Committee Chairman at district level are decided to invest in projects in local budgets have invested no more than 5 billion and Chairman of people's Committee of social no larger than 3 billion. For the city in Central, the decentralized according the Prime Minister's private lets.
3. The use of other capital projects, mixed capital investors decide to invest and take responsibility.
4. Who has the authority to decide on investment only be decided when the project appraisal. Exclusively for the use of credit capital projects, capital lending organisation evaluation of financial plans and repayment schemes to approve loans or no loans before authorities decided to invest.
5. investment decision content construction according to the model in annex 3 of this Decree.
Article 12. Economic report-engineering works 1. When construction of the following buildings, the investor does not have to establish projects that only economic report-construction techniques to process the approved investment decisions: a) buildings for religious purposes;
b) improvements, repairs, upgrades, new headquarters building has a total investment of under 3 billion;
c) social infrastructure projects have a total investment of under 7 billion capital budget is not the purpose of the business, consistent with the master plan of socio-economic development, building and planning has advocated investing or have been arranged in the annual investment plan.
2. The content of the technical-economic report of construction works done according to the provisions in paragraph 4 to article 35 of the law on construction.
3. Who has the authority to decide the investment specified in article 11 of this Decree are responsible for organizing economic report-evaluation of engineering construction and investment decisions.
4. use of capital works budget has a total investment from 500 million over, construction drawing design of technical-economic report construction due to the facility prescribed in clause 5 article 9 of this Decree organizes appraisal. For the remaining work, the evaluation of construction drawing design of technical-economic report of construction works by the owner of self evaluation and organization of the report the investment decision prior to approval.
Article 13. Adjust the project construction investment 1. The project construction investment was decided only when there is an adjustment in the following cases: a) appear to unforeseen factors due to a natural disaster such as an earthquake, hurricane, flood, Tornado, flood, tsunami, landslides; war or danger of war;
b) due to the volatility of raw material prices, due to the change in the exchange rate for the foreign currency or use of capital by the State issued the new policy regime, the regulations are changed using the price of construction works;
c) due to the decision to invest or owner changes when new elements appear effective socio-economic higher for the project;
d) When planning to build was browsing changes have a direct influence on the project.
2. When adjusting the project does not change the scale, investment objectives and not exceeding the total investment has been approved, the owner is allowed to manually adjust the project. The case project adjustment alters the basic design on architecture, urban planning, scale, the goal or exceed initial investment total investment has been approved, the owner must submit the review investment decisions, decisions. The content of the change must be appraised.
3. Decide to adjust the project construction works have to be responsible before the law for his decision.
CHAPTER III IMPLEMENTATION of INVESTMENT PROJECTS in CONSTRUCTION section 1 design, CONSTRUCTION ESTIMATION article 14. The construction design stage

1. Project construction can consist of one or more types of works with one or more different works under the provisions of the Decree on quality management of construction works. Depending on the scale, the nature of the construction, the design of the construction can be done in one step, two step or three steps as follows: a) a step design is the design of construction drawings for works only economic reports-civil engineering works prescribed in paragraph 1 of article 12 of this Decree;
b) two step design including design steps and base construction drawing design applicable to works rules to establish the project except for the works specified in point a and c of this paragraph;
c) designed three steps included the basic design, design, engineering and construction drawing design applicable to works rules to set up the project and there is a special level scale, level I and level II structures are complex engineering due to the investment decision.
The case made two or three-step design step, then the next step is to match the previous design steps were approved.
2. for simple structures such as fences, class, school, houses, you can use design patterns, design by competent State agencies issued to implement the construction drawing design.
3. Building design must comply with the regulation, construction standards by the competent State agencies issued and must be made on the prescribed drawings. The design must be the volume of construction mainly to determine construction costs.
Article 15. Profile design, construction estimation 1. The document as a base to design: a) the materials of construction surveying, hydrography, meteorology and the related legal documents;
b) design;
c) listing standards, building standards are applied;
d) rules about architecture, planning to build.
2. design documents are created for each of the works include captions, the design drawings, construction estimation; minutes of test design, survey; design verification report, verify the estimation if available.
3. organizations and individuals designed to transfer the profile construction design in numbers sufficient to ensure service of the construction works, management requirements and stored but not less than 7 for technical design and 8 sets for construction drawing design.
4. Profile design construction must be stored in accordance with the law on archives. The construction of specific provisions on the design records.
Article 16. Evaluation, estimation, design approval, total construction 1. Appraisal and approval: a) the investor himself held the evaluation, approval of the design, engineering, construction drawing design, estimation, the total estimation for the construction work to set up the project;
b) construction drawing design and estimation of item, works before construction must be appraised, approved.
2. Design evaluation content: a) The match the stepped front design was approved;
b) compliance with the building standards are applied;
c) reviews of the level of safety works;
d) affordability of the choice lines and technology equipment, if available;
DD) environmental protection; Prevention of fires;
3. Content of the appraisal estimate, total building construction including: a) conformity between the mass design and volume estimation;
b) the correctness of the application of the technical-economic norms, norms costs, unit price; the use of norms, unit price, the relevant policies, and the items in the cost estimation according to regulations;
c) valuation estimate, total construction.
4. where the client is not eligible for the capacity evaluation then allowed individual organizations hire consultants are qualified to design verification capacity, estimation works as the basis for approval. Depending on the requirements of the owner, the design verification, estimation, the total can be made with respect to the whole or part of the content of the provisions in paragraph 2 and paragraph 3 of this Article.
5. The cost of the appraisal, assessment, estimation, design of construction estimation due to The Build Guide, and be calculated on the total cost, total construction.
Section 2 article 17 BUILDING PERMIT. Construction permit 1. Before the construction works, the owner must have a building permit, except in the case of construction works: a) works under the State secret, construction works on the orders of an emergency, temporary structures serving major construction;
b) construction work by not going through the municipality, but in accordance with approved building plans in the project construction has been 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; rural settlement planning yet have built browser.
2. The construction of individual houses, Buildings Department has announced the planned construction of approved but not yet implemented, only temporary construction licence has timelines according to the time limit for implementation of the master plan.
3. license conditions of construction works in the municipality made according to the provisions of article 65 of the law building. The rights and obligations of applicants licensed building made according to the provisions of article 68 of the law building.
4. Building permit according to the form prescribed in annex 6 of this Decree.
Article 18. Application for construction permit and urban housing application for construction permit include: 1. An application for a license to build the form in annex 4 attached to this Decree. The case please license the makeshift building has a time limit then in application level building permit have to have committed itself dismantling works when the State made the clearance.
2. a copy of the papers on land use in accordance with the laws of the land are certified.
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).
Article 19. Application for a license to build the rural housing application for licensing in rural house construction including: 1. Application for a license to build the form attached in annex 5 of this Decree.
2. a copy of the papers on land use are certified by the town Committee.
3. The construction on the plot of land and the adjacent works if there is due to host in which self draw.
Article 20. Receiving application for license to build 1. Construction licensing agency has the task of receiving application for the building permit, check the validity of the profile according to the provisions of article 18 and article 19 of this Decree.
2. Upon receipt of a valid application, the Agency granted a building permit must have a receipt including date of receipt of results. A receipt was established 2 a, a copy of the building permit application and a save in the licensing agency building.

3. where the application for the building permit, construction permit agencies to explain and guide license applicants to build additions as prescribed. Complete time records are not calculated in the time limit granted a building permit.
Article 21. Issued building permit 1. The provincial people's Committee authorize the Director of building Department granted a building permit for the construction of special levels, level I according to the hierarchy works at the Decree of quality management of construction works; religious works; historic buildings-culture; monumental works, advertising, murals in the administrative boundary management by themselves; the works on the shaft, the main street of the town by the provincial people's Committee that regulation.
2. the people's committees at district level to license build the remaining buildings and individual houses in the municipality administrative boundary due to the District Manager, except the works prescribed in paragraph 1 of this article.
3. the people's Committee of the commune to license individual housing construction in the rural population had approved construction planning in the administrative boundary management due under the provisions of the district people's Committee.
Article 22. The responsibility of the licensing agency building 1. Listed conditions, sequence and the procedure for granting a building permit at the Agency headquarters licensing construction.
2. Provide written information regarding building permit when required by the building permit applicants. The time limit for providing information is slow as 7 working days, since when requested.
3. When the need to clarify information related to other agencies to serve the construction license without the responsibility of building permit applicants, the licensing authority is responsible for building the opinions of relevant agencies to clarify and handle.
Within 10 working days from receipt of the written consultation, the organizations asked answering responsible comments in writing to the licensing agency building. So the time limit on text if no answer then regarded as agreed and shall be responsible before the law for any consequences that occur due to the failure to respond or answer delay.
4. A building permit is granted within a period not exceeding 20 working days from the date of receipt of a valid application. For individual houses, the building license period not exceeding 15 days from the date of receipt of a valid application.
5. Who has the authority to grant a building permit must be responsible before the law and damages caused by the wrong license or permit slow. The case due to the slow licensing that person permission to build the commencement, the authority to grant a building permit to the compensation for the permission to build when construction works suspended administrative sanction or not consistent with construction planning, being forced to unload.
6. check the implementation built under license. Construction licensing agency to suspend construction when found to have violated. The case had decided to suspend the construction for which the person was licensed to build continued violation shall revoke a building permit and transferred to competent handling.
7. Inform the competent authority does not provide electric service, water, suspension of business activity for the service the false construction planning, unlicensed building or construction works are not true to the building permit was issued.
8. Resolved complaints, accusations about the granting of a building permit as prescribed by law.
9. Collect licensing fees to build according to the regulations.
10. Licensing Agency building not designated organizations, individual design or set design units subordinated to make design for building permit applicants.
Article 23. Building permit renewal 1. Within a period of 12 months from the date granted a building permit which works have not yet commenced the construction permit applicants must apply for renewal of building permit.
2. an application for renewal of building permit include: a) the application to renew the licence;
b) original building permit has been granted.
3. time extension granted a building permit at the latest within five working days of receipt of a valid application.
4. the licensing authority is the body building building permit renewal.
Category 3 SELECTION of CONTRACTORS in CONSTRUCTION ACTIVITIES article 24. Principle of selection of contractors in construction activities 1. The selection of contractors in construction activity to select qualified contractors to provide capacity building services, product suitability, the tender price reasonable, meet the requirements of the investor and the goals of the project.
2. The selection of contractors in construction activity is done in two stages as follows: a) selected stage selection of contractors.
The applicants in order to select qualified contractors competencies consistent with the requirements of the tender for the package at a later stage.
Depending on the nature, scale packages, investors bid announcement on the mass media or send invitations for bids. The owner has the responsibility to provide for the contractor to attend the tender dossier includes preliminary information about the package, the table of the questions stated in Appendix No. 7 and the main content of the tender dossier in accordance with paragraph 1 of article 25 of this Decree. The tender dossier may be sold or provided free of charge to the contractor. The contractor selected to attend must submit tenders accompanied by the tender guarantee to ensure the contractor over the selected period must attend the bidding. The tender guarantee levels because investors decided to but does not exceed 1% of the package price.
The investor consider, assess the capacity of the selected project contractors to remove the contractors do not qualify under the requirements of the tender dossier.
b) bidding period: investors provide the tender dossier for the contractor was selected on the bidding phase. The tender dossier may be sold or provided free of charge to the contractor. The contractor bidding must attend the tender submission accompanied by tender guarantee to ensure the contractor negotiate the contract after being declared the winning bid. The tender guarantee levels because investors decided to but does not exceed 3% of the package price.
3. Depending on the scale, nature and requirements of the tenders, the tender side can make combine the two above stages or just make the bidding period when choosing contractors.
4. principles of assessment, selection of contractors.
a) selected stage, tender side to check the response of the contractor with regard to the requirements of the tender package and use the grading method to judge the capacity of experience, technical and financial capabilities of the contractor to attend;
b) during the period of tender, tender side to consider the possibility of providing the products, the services of the contractor on the basis of evaluation criteria at the same time as progress is made, the tender price and the standards of the product, the service, the conditions of the contract and the conditions proposed by the contractor in order to achieve the objective of effective and investment projects. The contractor was selected as the contractor has reasonable tender price and the highest efficiency for the project.
5. The selection of contractors in construction activity for the projects of capital construction budget, which by the State credit guarantees, credit capital investment of State capital in development of State-owned enterprises must comply with the provisions of this Decree and of the law of tenders has the view.

Article 25. General requirements for tender documents, tender, tenders and tender 1. The tender documents include the following: a) package information: job range; the scale, the nature of the package; the type, grade works; investment capital; location of construction works;
b) The question of the capacity, the experience for the contractor specified in Appendix No. 7 attached to this Decree;
c) the instructions required for contractors;
d) asked about the tender guarantee.
2. the tender dossier includes the following principal contents: a) The information on the design include the drawings and captions if available, progress and the conditions of the investor;
b) The General conditions and the specific terms of the contract by bidding parties given apply to tenders;
c) request or instruction if any of the sides bidding for contractors about the tender dossier;
d) tender guarantee requirements.
The case did not make the shortlist phase content of the tender documents did not have the capacity requirements on contractors.
3. Tenders include the following principal contents: a Single tender form) Regulation;
b) the tender guarantee;
c) documents proving the capacity of contractors as required by the tender dossier is shown by the form.
4. Tender consists of the following principal contents: a) the drawings, implementation solutions, technical measures and the progress made;
b) prognosis spreadsheet and reviews bids;
c) technical proposals if any; proposed additional amendments to the General conditions, the specific terms of the contract apply to tenders tenders launched by the parties;
the tender guarantee).
Article 26. Examination architecture design construction 1. The following constructions are held examination architectural design: a) State institutions from district level upwards;
b) works for culture, sports and other public works have the scale level I, level in particular;
c) architecture works in a large municipality as the monument, the bridge crossing the River, the large viaduct, the radio and television center, the central railway station, international air port terminal, works as a symbol of culture, history and traditions of the local.
2. The decision of investment decisions the organization implement the architecture works. Depending on the scale and conditions of time, financial capacity and other conditions, the owner can organize examination in the country or internationally. The method of selection through the Board examination or survey of the people.
3. The examination of architectural design was done by examination of the dossier. Contents dossier examination must clearly state: a) the purpose, requirements of the examination; location of construction works; design tasks, required architecture for building construction and guide the examination;
b) awards, the responsibilities and rights of the objects involved examination;
c) other regulations concerned.
4. The author of the chosen architectural design are copyright secured, made up the project and the next step when the eligible capacity, if not eligible then capacity can be organized with design consultants are qualified to implement the capability. The case of the author chosen to refuse to take steps next design then the owner will choose suitable design contractor to perform.
5. In addition to the work required to implement the architecture prescribed in clause 1 of this article shall encourage examination for the required works on architecture.
6. Ministry of construction guiding the examination architecture design construction.
Article 27. The choice of contractors construction consultant 1. The bidding documents consulted in addition to the question of the capacity, the experience specified in Appendix No. 7 accompanied by the Decree have to have asked about the list of experts along with price, schedule, and other suggestions if there.
2. consultancy tender dossier must meet specified requirements of tender tender party consultant. Consultant does not have to submit the guarantee made the contract but must have professional liability insurance as specified.
3. The contractor has tender points the highest regulatory capacity are invited to negotiate price and other conditions to the contract. The case of the negotiations not succeed, the tender side invited contractors have to score adjacent to high capacity to negotiate the contract.
4. The selection of the general contractor construction design to make the whole design work construction is done as follows: a) for the tender dossier: in addition to the provisions in clause 1 of this article, the tender documents must have the required content design general contractor provided a list of sub-contractors and the type of work performed by subcontractors. Case associates to do general contractor must have written agreement in which associates expected responsibilities, the work of each Member and the head of the partnership;
b) for tender: in addition to meet the requirements stipulated in paragraph 2 of this Article shall have to meet the provisions in point a of this paragraph;
c) the evaluation, selection of contractor design made in accordance with paragraph 3 of this article.
Article 28. Selection of construction contractor works 1. The selection of contractors to the construction works done according to the provisions of article 24 of this Decree.
2. in case if there are less than 5 contractors attend selected tender parties, may invite the bidders to attend the bidding right and combine reviews selected period, the bidding period to minimize the time the choice of contractors.
3. When there are special requirements regarding the duration of the project, on the bidder knows only a qualified contractor make bids, you can direct this contractors invited to participate in the bidding stage.
The event invites direct a qualified contractor perform the tender side of the package to give the request for tenders to contractors the proposal price, schedule and implementation package solutions. If the contractor's proposal is approved, the tender side of the Organization, negotiating the contract.
4. evaluation, selection of contractors bidding: bidding contractor is a contractor be evaluated technically satisfactory according to the rules the tender price and the highest efficiency for the project.
5. where the contractor is to associate the tenders in the preliminary stage must enumerate the capability of each contractor in partnership about the experience, financial and technical conditions include: construction equipment, manpower mobilization for tenders and the text agreed upon divided in which associates the workload , the responsibility of each Member and associate head of the contractors.
6. The selected general contractor bidding the construction of works to make the entire work the construction works. The tender documents in addition to the provisions in clause 1 article 25 are required to declare the list of general contractor and subcontractors capacity expected.
General contractor right choice of sub-contractors are qualified, suitable to meet the requirements of the tenders and the owner agreed.
Article 29. Selection of general contractor designing, equipment procurement, construction (EPC) 1. Depending on the nature and scale of the tenders, the selection of the EPC can follow the provisions in paragraphs 1, 2 and 3 Article 28 of this Decree.

2. the tender documents in addition to the provisions in paragraph 2 of article 25 of this decree must also specify the requirements, directions of the party invite bids for tenders on the design, supply of materials and equipment, the construction organization, progress made, technology transfer and other requirements.
3. Tender of the EPC must meet the requirements of the tender dossier.
4. in case of direct selection of a contractor to do the EPC, then the investor is not establishment bid that set the right profile required by the owner with the content specified in paragraph 2 of this Article. EPC is determined the choice of subcontractors.
5. The selection of the general contractor designing and building construction, general contractor key follow the rules as to the choice of EPC. For package private key then the general contractor have to set up the project and tender side of conducting the procedure browser project.
Section 4 MANAGING the CONSTRUCTION WORKS in article 30. Content construction management construction management of construction works including quality management, build management, construction progress, manage the volume of construction works, industrial safety management on the construction site, construction environmental management. Private construction quality management is performed according to the provisions of the Decree on the management of the quality of construction works.
Article 31. Manage the progress of the construction works 1. Construction works before deploying to be scheduling the construction. The progress of the construction works to be consistent with the overall progress of the project has been approved.
2. for the large scale construction and prolonged construction period, the progress of the construction works shall be established for each phase, month, quarter, year.
3. the construction contractor is obliged to work scheduling the construction details, alternating layout combines the work needs done but be sure to match the overall progress of the project.
4. The owner, contractor, construction, supervision and relevant parties are responsible for monitoring, tracking the progress of the construction works and adjust the schedule in the case of the construction progress at some stage was long but did not affect the overall progress of the project.
The case found of the progress of the project was long, the owner must report the investment decision to decide the adjustment of the progress of the project.
5. Encourages the continued speeding up construction on the basis of ensuring the quality of works.
Cases of speeding up the construction of higher efficiency for the project, the contractor who built the reward under contract. The case stretched the construction progress of damage then the offending side must compensate for damages and breach of contract penalty.
Article 32. Manage the volume of construction works 1. The construction works must be done according to the volume of the approved design.
2. The volume of the construction are calculated, validated between the owner, the construction contractors, supervising over time or stage of construction and be reconciled with the volume of approved design to testing, payment under the contract.
3. When the volume incurred beyond the design, the construction estimation to be browsed, the owner and building contractor must look to handle. Private use of works for which the State budget, the owner must report the investment decision to review the decision.
Volume arising is the investor, the investment decisions of approval, approval is the basis for payment, settlement works.
4. Prohibiting the opening control, increase the volume or collusion between the parties leading to the wrong payment volume.
Article 33. Safety management on construction sites 1. Construction contractor must establish safety measures for people and works on the construction site. Safety measures in cases involving multiple parties must then be agreed.
2. safety measures, safety rules have to be made public on the construction site so that people know and obey. in dangerous positions on the market, to guide layout, the alert to prevent accidents.
3. the construction contractor, the owner and the relevant parties must regularly monitor the work of construction site safety. When found to have violated labour safety to suspend construction. People to happen in violation of labor safety in the scope of its management must be responsible before the law.
4. Building Contractor is responsible for training, guidelines, common regulations on labor safety. For some the work of strict labor safety, the workers there are certificate of safety training. Prohibits the use of workers have not been trained and have been instructed on occupational safety.
5. the construction contractor is responsible for the fully equipped labor protection, labor safety regulations for workers when employers on construction sites.
6. When there are safety issues, building contractor and the parties concerned have the responsibility to organize the handling and reporting of State administration of safety according to the rules of the law at the same time responsible for remedy and compensation for the damage caused by the contractor does not guarantee safety.
Article 34. Construction environmental management 1. Construction contractor must implement the environmental guarantee measures for construction workers and protect the environment, including any measures against dust, noise, waste disposal and mop-up. For those buildings in the urban areas have to implementing measures cover, clean waste brought to the prescribed place.
2. In the process of transporting building materials, scrap must have shielding measures ensure the safety, hygiene and the environment.
3. the construction contractor, the owner must have the responsibility of monitoring the implementation check protection of the built environment, and subject to the supervision of the State Agency on environment. The case of the construction contractors do not comply with the rules on the protection of the environment, the owner, the management authority of the State of the environment has the right to suspend the construction and require contractors to implement environmental protection measures.
4. People to occur acts harming the environment during the construction works to be responsible before the law and compensation for damage caused by his fault.
ITEM 5 of the FORMS of INVESTMENT PROJECT MANAGEMENT in CONSTRUCTION of Article 35. The form of project management 1. Base conditions the capacity of institutions, individuals, the requirements of the project, who decided to invest in the construction of public works decided to choose one of the forms of project management of construction works: a) management consulting organizations Hire the project when the building owner are not eligible;
b) directly managing the project when the building owner are eligible project management capacity.
2. where the owner directly in project management, the client can establish a project management Committee. Project management responsibility before the law and the owner according to the tasks and powers assigned to it.
3. organizations, individual project managers must be qualified under the provisions of this Decree.

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 is responsible, the following powers: a) assessment organization and approved the step design, construction estimation after the approved project;
b) approved plans to tender, the tender documents, tender and bidding results for packages not using capital budget;
c) signed the contract with the contractor;
d) payment to the contractor under the contract or by progress summary trials;
DD) to put construction work on tap, use.
Depending on the particular characteristics of the project, the investor may authorize the Management Board projects a part or the whole of the missions, their powers.
2. Project Management Board has the following powers and duties: a) to perform the procedure on ground delivery, please grant a building permit, to prepare the ground for building and other work in service to the construction works;
b) documents the design, estimation, total building to the investor held due diligence, regulatory approval;
c) establishment bids, contractor selection organization;
d) negotiate, sign contracts with the contractors under the authorization of the owner;
DD) made the task of supervising the construction works when eligible capacity;
e) trials, payment, settlement under contracts signed;
g) quality, volume, tempo, the cost of construction, safety and sanitation of buildings;
h) trials, Commission;
I) reporting capital investment annual implementation report, when the completed project put into exploitation, use.
3. project management are simultaneously managed multiple projects when there is enough capacity and conditions to be the owner for permission. Project management is not allowed to establish the project management committee or the establishment of the business units have the currency to make the management of the project.
For investment projects the construction of large-scale, complex or by the project management committee are allowed to hire the consulting organization to manage the project components.
4. Management of the project was contracted to hire individuals, organized foreign consultants have the experience, the ability to coordinate with the project management committee to manage the work of building a new technology application that consultants are not yet capable of performing or have other special requirements.
Hiring foreign consultants for the project which the State budget must be the person who has the authority to allow investment decisions.
5. The case of the project to follow the form of the general contractor, in addition to performing the tasks according to the provisions in clause 2 of this project management also must perform the following tasks: a) deals with the general contractor of the tender dossier, procurement of equipment and technology about the costs of purchasing the equipment in the total value of the Council;
b) approving the list of subcontractors in case specified general contractor.
Article 37. The Mission of the investor and management consultant Organization project in case the owner hired project management consultant 1. The investment decision decided to form the choice of project management consulting. The selected consultant organization to qualify the capacity consistent with the scale, the nature of the project. The organization is consulting independent consulting organization.
2. The liability of the owner in case of hiring management consulting project: a) the selection and contracting of consulting organizations qualified project management competencies consistent with the project;
b) payment to the contractor at the request of project management consulting;
c) Creating conditions for the activities of the Organization project management consulting;
d) responsible before the law and damages when collusion with organized project management consultants or contractors do capital losses.
3. The Mission of the Organization of the project management consultant: a) check the profile design, estimation, the total estimation of construction works to the owner for approval;
b) founded the bid, the contractor selection consultation;
c) perform the task of supervising the construction works if the eligible capacity;
d) trials, payment, settlement of contracts already signed; project management consulting is fully responsible to the owner and the law for the accuracy, of the value of payments;
DD) manage quality, volume, tempo, the cost of construction, safety and sanitation of the project;
e) trials, Commission;
g) reporting make annual capital investment, set up report as finished projects put into exploitation, use.
Customize conditions of the project, the investor can be assigned other tasks for project managers and consultants must be specified in the contract.
4. Organized project management consultant to be responsible before the law and the owner of the content has committed to in the agreement. To compensate the damage caused by his fault caused in the process of project management. Project management consultant is responsible for project management activities at the construction site.
SECTION 6 COST MANAGEMENT of PROJECT CONSTRUCTION INVESTMENT Article 38. The principle of cost management of project construction investment 1. The State issued, instructions and check the implementation of the policies, principles and methods, adjusted unit price, estimation; technical-economic norms in construction; norm cost in construction activity to creation, evaluation, approval and management of the total investment, the total estimation, estimation and payment of capital construction investment.
2. The cost of the investment project of construction is defined as the process of with suitable design and construction steps are denoted by the total investment, the total estimation, estimation of construction works.
3. Project cost of construction investment projects using capital budget, capital investment credit development of credit capital, State by State guarantees, capital investment and development of State enterprises must be created and managed on the basis of the system of technical-economic norms , the level of costs in construction activities, building systems and relevant policy mechanisms by the competent State bodies.
4. provincial people's Committee to base the principles specified in the paragraph 1, 2, 3 This directs the Department of construction, in cooperation with relevant Departments establish the price of materials, labour and cost of using a construction consistent with the specific conditions of the local market to enact and apply guidelines for construction building on the province.
5. The build instructions in the preparation and management of project investment costs of building works.
Article 39. The total investment of the project construction investment 1. The total investment of the project is estimated to cost of the whole project are defined in the project phase, including construction costs; the cost of the equipment; the cost of compensating clearance, resettlement; other expenses including working capital for business projects, interest in construction time and costs.
2. The total investment of the project was recorded in investment decisions is the basis for planning and capital management investments, define the efficiency of investment projects. For projects that use State budget, total investment is limited to the maximum fee that the owner be allowed to invest in the construction works.

3. The total investment of the project is determined on the basis of the volume of the work to implement the project, design, productivity, capital costs of building standards, construction costs of the project, the technical-economic standards have done.
4. The total investment of the project are only adjusted when the project was adjusted according to the provisions of article 13 of this Decree.
5. Adjusting the total investment projects using which the State budget must be the person who decided to allow investment and qualified again for the section changes compared to the total investment approved. As for the other capital projects using construction owner decide the adjustment.
Article 40. Estimation and total construction 1. Construction estimation is determined by the construction works. Estimation of building works include construction of estimation, estimation of work items in the work.
Estimation of construction works was established on the basis of the volume identified by design or from the requirements, job duties require the execution of works and unit cost norms costs needed to carry that weight. The content estimation of building works include construction costs, equipment costs, other expenses and costs.
2. Estimation of approved construction is the basis for the contract, payments between the investor with the contractor in the case indicated the bid; is the basis for determining the cost of construction.
3. The total estimated construction of the project is the entire cost of investment needed to build the structures, defined in the technical design phase for the case of the 3-step design, construction drawing design for the case of the 1-step and 2-step design and is the base to manage construction costs.
Total cover of the construction estimates and other costs of the project. The project has only one works, then the estimate is construction of estimation.
4. for projects using the State budget, which by the State credit guarantees, credit capital investment and development of the State when the construction works must be designed, estimation and total. With regard to the important national project, the project group A if total approved but need to start the process, projects must have started the design and estimation. The latest is to be done when 50% of the value of construction in total investment must have the total approved.
5. Adjust the estimate, total building construction: a) estimate, total building construction are only adjusted when occurs a in the case prescribed in clause 1 article 13 of this Decree;
b) for capital projects budget, if the total was adjusted beyond the total approved then the owner must assess, approve and report the investment decisions and is responsible for the approval of his. In the case of estimation have been adjusted beyond the total investment approved, they must be people who decide to invest 41 Thing allowed. Advance construction investment of The capital advance was made right after the construction contract in effect, unless the parties have agreed otherwise and are defined as follows: 1. for contract advice, advance capital level a minimum 25% of the value of the contract for the layout of work to hire consultants. For consulting contracts by foreign consultancy organization made the advance, according to international practices.
2. for tenders in construction: a) package from 50 billion over the level of advance capital by 10% of the contract value;
b) package from 10 billion to below 50 billion capital advance levels by 15% of the contract value;
c) package under 10 billion capital advance levels by 20% of the contract value.
3. for the purchase of equipment, depending on the value of the capital advance level package by the two parties to the agreement but not less than 10% of the value of the package. Some products, constructions in building great value must be produced prior to ensure the progress of the construction and some kind of special materials, materials are reserved for seasonal working capital advance. Capital advance level according to the needs of the production, import and reserve these kinds of materials.
4. With regard to the implementation of the project or package according to the EPC contract, the advance to shop equipment is based on the progress in the supply contract. The other work, advance levels by 15% of the value of the contractual items.
5. Working capital advance for clearance work to be carried out according to the plan.
6. With respect to the requirement to use the capital budget, the level of working capital advance does not exceed the annual capital plan package.
7. The recovery which began when advance paid package complete volume reaches from 20% to 30% of the contract value. Advance capital to be recovered gradually in each period and complete payments are recovered off when packages are complete payment reaching 80% of the contract value. With regard to the clearance work, the recovery of the capital advance ended after having done the work clearance.
Article 42. Payment of capital construction 1. The capital payment for the work, group work or whole project work, survey, design, construction, monitoring, and other construction activities are based on the actual weight value complete content and the method of payment in the contract has been signed.
2. investment and construction projects that use foreign capital or package of the international tender held in the credit agreement signed with the Government of Vietnam have regulations on advance payments, which are made under the agreement has been signed.
3. for projects using the State budget, which in the end build or in bringing the work into use then the owner must pay the whole for the contractor the value of work completed except for monies withheld under the provisions for warranty work.
4. within 10 working days from the date of submission of contractor payment valid according to the regulations, the owner must pay the value of the workload has made to the contractor. With regard to the use of capital projects funded within 3 working days from receipt of application proposed the valid payment of the contractor, the owner must complete the procedure and disbursement recommendation to transfer the agency allocated, for loans. Within 7 working days of receipt of a valid application, the agency allocated, for loans are responsible for the payment.
The agency allocated, for loans must be responsible for the payment of compensation to slow his fault causes.
5. In the course of project implementation, if the owner paying the workload has finished then pay interest according to bank interest rates because the parties agreed in the contract to the contractor with respect to the volume of payment delay.
6. The Ministry of finance instructed the advance details, payment of capital construction projects using the State budget.
43 things. Capital construction investment 1. The owner is responsible for implementation of capital construction investment as soon as complete works put into use according to the request of the investment decision.

2. Investment capital are finalizing is the entire legal costs was made in the process of investing to put the project into operation, use. Legal costs are costs that are done with the right design, estimates are approved, ensure proper norms, unit price, finance and accounting regime, economic contracts signed and other regulations of the State concerned. For projects using the State budget, the capital invested in the settlement are limited to total investment is approved by the authority.
3. The investment decision is the decision authority to approve capital projects completed. The own project by the prime investment decisions, the Minister of finance for approval.
4. Who has the authority to approve capital investment to use functional units administered to directly verify capital investment project complete or verify for the project audit rental investment before approval and responsible before the law for his decision.
5. The owner is responsible for making investment capital project completion to the authority for approval at the latest 12 months for national important project, the project group A and 9 months for the projects of Group B and 6 months for the Group C project since the complete works , mined, used.
6. The Ministry of finance is responsible before the Government made consistent governance of investment capital; detailed guidance on capital investment in the project is complete, check the work of investment capital; periodic or irregular appraisal of the investment capital for the project group A capital budget.
7. The build instructions conversion method construction costs have made about using the price at the time of delivery of the project's work in putting the exploitation, using as a base to profile the investment capital, asset valuation, fixed and mobile assets to produce business.
CHAPTER IV CONTRACT of CONSTRUCTION ACTIVITIES in Article 44. General contract principles in building activity 1. Contracts in construction operations (hereinafter referred to as the construction contract) was signed after Party subcontract complete the selection of contractors under the regulation.
2. construction contracts must be set in writing in the form prescribed by the Ministry of construction.
3. The signing and implementation of construction contract must comply with the provisions of this Decree and the regulations and legislation of other relevant contracts.
Article 45. Profile construction contract 1. Profile construction contract include the construction contract and the documents attached to the construction contract. The basic content of the construction contract are specified in article 108 of the law on construction.
2. documents enclosed construction contract are integral parts of the contract. Depending on the scale, the nature of the work, the materials enclosed construction contract covering the whole or part of the following content: a) the notice or the tender specified text;
b) conditions and general conditions of the contract;
c) tender documents, tender documents, tender, tender;
d) contractor's proposal;
DD) technical instructions;
e) The design drawings;
g) The modified, supplemented by text;
h) The table, schedule;
I) guarantee the implementation of the contract, the guarantee for the advance and other guarantee types if there;
k) other related documents.
3. The Contracting Parties are agreed on the order of precedence when applicable contract documents prescribed in paragraph 2 of this Thing if between documents have different rules.
The build guidance on contracts in construction activity.
Article 46. Negotiations, signing of the construction contract 1. Depending on the scale, nature and time requirements of the project, the investor could sign a contract with one or more of the main contractor. The main contractor can sign contracts to perform the work with one or more subcontractors. The volume of work performed by subcontractors may not exceed 30% of the volume of work of the contract.
2. where the owner contracts with many of the main contractor, the content of this contract shall ensure the unity, uniform in the process make the work of the contract.
3. where the contractor is a joint venture, then the contractors in the venture to associate representatives to negotiate. Associate head contractor or contractors involved all Associates must sign contract to build depending on the requirements of party affairs. The contractors in the venture are responsible before public and private investors on the progress, the quality of the work under the contract has been signed.
4. The negotiation, the contract is based on the results of selection of contractors, work conditions, the tender documents, tender, proposals of contractor choice and other relevant documents.
5. According to the agreement, the parties to the construction contract may be mandated to coordinate, monitor, perform trials "work under contract.
6. construction contracts in force from the date of the party to the contract the contract unless the parties have agreed otherwise.
Article 47. Method of payment in the contract base construction duration of contract, the nature of the contract, the parties to the agreement on the application of one or a combination of the following payment methods: 1. payment according to the price package (package price): party subcontract payment to the contractor according to the package price in the contract , are applied to the package defined in volume, quality and time. The case arises out of the contract but not due the contractor cause will be determined considering the investment decision.
The number of staged payments may, as part of the work already completed or paid once when completing the entire contract.
2. payment under the fixed-price menu: party subcontract payment to the contractor of the work completed by the unit cost has been determined beforehand in the contract. The value to be paid determined by multiplying the volume of work completed with the actual unit price has been determined in the contract. The case of the volume incurred greater than 20% of the initial volume of the contract unit price portion allows playback volume agreement.
3. payment according to the price adjustment: apply for the package which at the time of signing the contract do not qualify for accurate determination of the number and the volume or have large fluctuations in price due to the altered state and contract duration on May 12.
Chapter V CONDITIONS the CAPACITY of ORGANIZATIONS and individuals ACTIVE in the CONSTRUCTION of Article 48. General provisions on condition that the capacity of the Organization, the individual 1. Organizations and individuals when construction activities involved must be qualified with the appropriate capacity; the type, level and work according to the provisions of this Decree.
2. Individuals involved in construction activities must have the qualifications, certificates match the work assumed by the legal institutions.
3. Individuals assumed the title Chairman of the projects of construction planning design, construction design; the projects of design; the Chairman of the building survey; construction supervision and independent practitioners perform the design work of building planning, design construction, monitor construction must have a certificate of practice under the rules.

4. Personal accept Director project management consultant, Chief of construction, construction supervision was not simultaneously take too a job under the title in the same time.
Individuals assumed the position as prescribed in clause 3 and 4 this only signed long-term employment contracts with an organization under the provisions of the law.
5. Capacity-building activities of the Organization are defined according to the rank on the basis of the practice of building capacity of individuals in the Organization, experience, capability building activities, equipment and financial management capability of the organization.
6. A Consultative Organization made one, some or all of the work on the establishment of investment projects in construction, project management, building surveying, construction design, construction supervision works if eligible under the provisions of this Decree. The project uses a capital budget, capital credit by the State guarantee, credit capital investment and development of the State, the contractor designed the building not be contracting supervising with the owner for his design works; the contractor overseeing the construction of not signing the contract with the construction contractors perform quality control of construction for its works supervision.
Counseling organizations when performing consulting work would then be rated according to consulting work.
7. When choosing a contractor to perform the work in construction activity, the owner must rely on the rules on the conditions of competence in this Decree and to be responsible before the law for the damage caused by the selection of the contractor do not qualify the capacity consistent with the work.
Article 49. The certificate of practice 1. The certificate of practice is the professional competence certificate issued to engineers, architects, have enough expertise and active professional experience in the field of construction planning design, building surveying, construction design, construction supervision.
2. The certificate of practice is regulated by the unified model and value within the country. The certificate of practice must state clearly the scope and areas are allowed to practice.
3. The certificate of practice issued by the Minister of construction. Minister of Ministry of construction decided to set up the Advisory Council helps the Minister to grant a certificate of practice.
4. The construction of specific guidelines the granting of a certificate of practice; functions, duties, regulations of the Advisory Council.
Article 50. Conditions of certificate of practice of architects Who are practising certificate the architect must have a university degree in architecture or planning to build, with experience in design work a minimum of 5 years and has been involved in architectural design at least 5 works or 5 construction plan is approved.
Article 51. Conditions of certificate of practice of Engineers Who are professional level engineers must have university degrees in specialized practice areas fit please register, have experience in the field of registration for at least 5 years and have participated in the survey design or at least 5 works.
Article 52. Conditions of certificate of practice supervision of building works in 1. Practising certificate who oversaw the construction of the works must have university degrees in accordance with the field of practice registered; were directly involved in the design, execution or construction supervision of construction works for at least 5 years; the class has passed professional training supervision of the construction.
2. for the remote areas, those with college degrees, intermediate in specialization construction of fit; were directly involved in the design or construction or supervision of construction works for at least 5 years; the class has passed professional training supervision of the construction. This certificate is only used within the scope of the practice areas.
Article 53. Conditions of the capacity of the Chairman of the project 1. The capacity of the Chairman of the project are divided into two types according to the class of works. The Chairman of the project to the University level in accordance with the nature and requirements of the project and meet the conditions corresponding to each of the following: class a) 1: continuous time working a minimum of 7 years project, already is the Chairman established a project group A or group B of the same project or is the Chairman of first class design 1 for the same type of project works.
b class: time) is continuously working on projects to a minimum of 5 years, was established as a project group B or group C project 2 of the same kind or was Chairman of the class design and over for the same type of project works.
c) particularly for remote areas, these individuals have associate, intermediate in specialization matching type project, time has constantly working on project, a 5 year minimum design shall be recognized as 2nd class project.
2. scope of activities: a) the # 1: be made Chairman of the project for national important project, the project group A, B, C of the same kind;
2 Class b): be as Chairman of the project for projects in the Group B, C of the same kind;
c) for individuals not yet rated was made Chairman of the project for projects only require reporting of technical-economic construction of the same type.
Article 54. The Organization's capacity in terms of consulting project planning 1. The capacity of the organization projects are divided into two types according to the class project as follows: a) 1: at least 20 people are architects, engineers, economic engineers fit the requirements of the project; in which the person is eligible to make the Chairman of the project's class 1 or class design works of the same kind.
2 Class b): at least 10 people are architects, engineers, economic engineers fit the requirements of the project; in which the eligible owner class or project owner class design works of the same kind.
2. scope of activities: a) 1: set an important national project, the project group A, B, C of the same kind;
b) project was created to runner-up Group B, C of the same kind;
c) for organizations not yet eligible to be rated only established technical-economic report of the work of the same kind.
Article 55. Conditions of the capacity of the Director of the project management consultant 1. The capacity of the Director of the project management consultants are classified into 3 grades according to the type of project. Director of project management degree in University specialized in construction match the requirements of the project and meet the conditions corresponding to each class below: a) Director project management consulting 1: continuous time-work design , the construction of a minimum of 7 years, had the Director or Deputy Director of project management a project group A or group B of the same project or have a construction Chief, class 1 or class design.
b) Director project management consulting second of continuous time:-working on the design, the construction of a minimum of five years, was the Director or Deputy Director of project management a project group B or group C project 2 of the same type or have a construction Chief, class 2 or class design.
c) for remote areas, those with college degrees or specialized in the building match type works, have experience in project work or the design or the construction of a minimum of 5 years was Director of project management consulting.

2. in case the investor established project management, the project manager must have the capacity to correspond with the Director of management consulting projects as defined in paragraph 1 of this article.
3. scope of activities: a) 1: project management is important to the country, the project group A, B, C;
2nd class: b) is a project management group B, C. Article 56. Conditions of the capacity of the Organization as consultant project management consultant 1. The capacity of the Organization to project management are classified into 3 grades as follows: 1st class:-have a) Director of project management, class 1 match project type;
-Have a minimum of 30 architects, engineers, economic engineers fit the requirements of the project in which at least three economic engineers;
-Has made at least 1 project management group A or group B 2 project of the same type.
2nd class:-b) has a Director of project management, class 2 consistent with the type of project;
-Have a minimum of 20 architects, engineers, economic engineers fit the requirements of the project in which at least two economic engineers;
-Has made at least 1 project management group B or group C two projects of the same kind.
2. scope of activities: a) 1: project management is important to the country, the project group A, B, C;
2nd class: b) is a project management group B, C;
c) not qualified organizations rated made in project management for the project just ask economic report-construction techniques.
Article 57. Conditions of the capacity of the Chairman of the building survey 1. The capacity of the Chairman of the survey are classified into 3 grades as follows: a the first class: certificate) practicing engineers, was Chairman of the class survey and was Chairman of the survey mission 5 grade II;
b class: certificate) practising engineers, have joined mission 3 survey of grade II or 4 missions survey of grade III, since when has professional engineers.
2. scope of activities: a) the # 1: be made Chairman of the survey the same type grade, level I, level II, level III and level IV;
2 Class b): be as Chairman of the same survey process level II, level III and level IV;
c) for surveying the terrain, the Chairman of the survey be made Chairman of the survey the kinds of scale.
Article 58. The Organization's capacity in terms of consulting when building survey 1. The Organization's capacity building survey are classified into the following: class 2, class a):-at least 20 people as engineers to fit the requirements of the survey mission, in which the person is eligible to make the owner class surveys;
-Have sufficient appropriate equipment with each type of survey and laboratory standards;
-Has made at least 1 survey mission of the same kind of special grade or level I, or 2 the task of surveying the same type of grade II.
b) 2: Class-at least 10 people as engineers fit the requirements of the survey mission in which the eligible Executive class surveys;
-Survey equipment enough to make each type of survey;
-Has made at least 1 survey mission of the same kind of grade II or 2 the task of surveying the same type of grade III.
2. scope of activities: a) the # 1: made the task of surveying the same type grade, level I, level II, level III and level IV;
2 Class b): made the same survey mission process level II, level III and level IV;
c) for surveying the terrain, only the class survey organization 1 and 2 new surveys made the kind of scale.
Article 59. Conditions of the capacity of the Chairman of the construction design 1. Chairman of the construction design is separated into two grades as follows: 1st class:-have a) professional architects, engineers fit the work assumed;
-Is the Chairman of design at least 1 grade or level I or level II works of the same type 2 or did chaired the design 1 of 3 field grade or level I of the same type.
2nd class:-b) Have professional architects, engineers fit the work assumed;
-Is the Chairman of design at least 1 grade II or grade III 2 of the same type or did chaired the design's main areas of expertise 1 3 level II works of the same kind.
2. scope of activities: a) the # 1: be made Chairman of the design works of the same kind of special levels, level I, level II, level III and level IV and project group A, B, C of the same kind;
2 Class b): was Dean of design works of the same kind of level II, level III and level IV and was made Chairman of the project group B, C of the same type.
Article 60. Eligibility the capacity of host construction design 1. Chaired the design construction are classified into 3 grades as follows: 1st class:-have a) professional architects, engineers fit the work assumed;
-Did chaired the design expertise of at least 1 grade or level I or level II work 2 of the same type.
2nd class:-b) Have professional architects, engineers fit the work assumed;
-Did chaired the design expertise of at least 1 grade II or grade III 2 of the same type or has participated in the design of 5 works of the same kind.
c) particularly for the remote areas, the individual has a college degree, intermediate in specialization matching type works, time has constantly working on a 5 year minimum design then made chaired the design grade III, grade IV, except the works specified in article 28 of Decree on quality management of construction works.
2. scope of activities: a) the # 1: made chaired the design the same professional field grade, level I, level II, level III and level IV;
2 Class b): made chaired the design areas of expertise work together to level II, level III and level IV.
Article 61. Capacity condition of the Organization consulted when designing construction 1. The capacity of the Organization to build design consultants are classified into 2 categories by class works as follows: a) 1: Class-at least 20 people are architects, engineers specialized in the match in which the person is eligible to do home construction design, class 1;
-Have enough chaired first class design of the Department of public works in the same category;
-Has designed at least 1 grade or level I or level II work 2 of the same type.
b) 2: Class-at least 10 people as the architect, the engineer in the appropriate disciplines in which people are eligible for home construction design, class 2;
-Have enough chaired first class design of the Department of public works in the same category;
-Has designed at least 1 grade II or grade III 2 of the same type.
2. scope of activities: a) 1 Class: designed special supply, level I, level II, level III and level IV of the same kind; National important project, the project group A, B, C of the same kind;
2 Class b): designed the work level II, level III and level IV of the same kind; project group B, C of the same kind;
c) for organizations not yet eligible to rated level IV buildings designed of the same type, reporting technical-economic construction of buildings of the same type.
Article 62. The Organization's capacity in terms of counseling upon supervision of building works in 1. The Organization's capacity to oversee the work are classified into 2 categories by class works as follows: a) 1: Class-at least 20 people have professional supervision of building works in the majors;
-Had supervised the construction of at least 1 grade or level I or level II work 2 of the same type.
b) 2: Class-at least 10 people have professional supervision of building works in the majors;
-Had supervised the construction of at least 1 grade II or grade III 2 of the same type.
2. scope of activities:

a 1st class): supervised the construction of special facilities, level I, II, III and IV of the same kind;
2 Class b): supervised the construction project from level II, III and IV of the same kind;
c) for organizations not eligible for ranking shall be supervised the construction of grade IV of the same type.
Article 63. Conditions of the capacity of the Commander of the 1. The capacity of the Commander of the school are divided into 2. Commander of the field must have a university degree or above in accordance with the type of works and meet the conditions corresponding to each of the following: class a) 1: Class-time has constantly working on the construction of a minimum of 7 years;
-Was the Commander of a special supply or level I or level II work 2 of the same type.
2nd class:-b) Has continuous time working on the construction of a minimum of 5 years;
-Was the Commander of the school of grade II or grade III 2 of the same type.
c) for remote areas, those with college degrees or specialized in the building match type works, have experience of 5 years minimum construction be hold the title Commander of the 2nd class.
2. scope of activities: a) the # 1: be as Commander of the special supply, level I, II, III and IV of the same kind;
2 Class b): was made Commander of the works from level II, III and IV of the same type.
Article 64. The Organization's capacity in the conditions of construction when the building construction works 1. The capacity of the Organization to the construction works are divided into two types according to the class works as follows: a) 1: Class-Commander 1st class Have the same type of works;
-Have enough architects, engineers specialized in accordance with types of construction works;
-Have enough technical workers have appropriate training to take on;
-Have construction equipment mainly to the construction works;
-The construction of at least 1 grade, level I or level II work 2 of the same type.
2nd class:-b) had the Commander of the 2nd class over the same type of works;
-Have enough architects, engineers specialized in accordance with types of construction works;
-Have enough technical workers have appropriate training to take on;
-Have construction equipment mainly to the construction works;
-The construction of at least 1 grade II or grade III 2 of the same type.
2. scope of activities: a) the # 1: be the construction of special facilities, level I, level II, level III and level IV of the same kind;
2 Class b): are the construction works from level II, level III and level IV of the same kind;
c) for organizations not eligible for ranking are construction repair, restoration has a total investment of under 3 billion, individual housing.
Article 65. The condition of the individual independent practice design, surveying, supervision of construction works 1. The condition of the individual independent practice design, surveying, supervision of construction works as follows: a) the certificate of practice consistent with the field of practice;
b) Have active business registration practice design, survey, monitoring the construction according to the provisions of the law.
2. scope of activities: a) individual independent practice building survey is only to advise the owner of the establishment survey, evaluation missions to approve the results of each survey line with the certificate;
b) independent practice personal construction design designed the grade IV of the same type and individual houses;
c) practised personally oversaw the construction of independence be supervised the construction of grade IV of the same type and individual housing.
3. independent practice when individual works must follow the rule of law.
Article 66. The rights and obligations of individuals are granted the certificate of practice 1. Individuals practising certificate has the right to: a) use the certificate of practice to perform the work in accordance with the law;
b) complaint, denouncing violations of the regulations on professional level.
2. Individuals practising certificate is obliged to: a) join the refresher class on professional expertise related to the grant of the certificate of practice survey, design, construction supervision;
b) only made building survey, design, supervision of construction within the scope of the certificate of practice;
c) responsible before the law for the content, the quality of the work done by themselves;
d) not erasing, lent the certificate of practice.
Article 67. Capacity condition of the individual, project organization, project management, building surveying, building design, supervision of construction in Vietnam held, foreign individuals when practice project, project management, building surveying, construction design, construction construction supervision, construction in Vietnam have to qualify under the provisions of this Decree and guidance of the Ministry of construction about the certificate of practice.
CHAPTER VI PROVISIONS Enacted 68. Implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central, heads the political organization, social-political, social-political organizations, the Chairman of the Board, Chairman of the Board of Directors of enterprises and organizations concerned is responsible for the implementation of this Decree. Construction Minister guide the implementation forward.
2. The projects approved before the date this Decree is in effect, then, not the browser back to the project, the content of the subsequent work done under the provisions of this Decree.
Article 69. Effective enforcement of this Decree takes effect after 15 days from the date The quote and replace the rules of construction activity in the investment management and regulation of building attached to the Government's Decree No. 51/1999/ND-CP of July 8, 1999, no. 12/2000/ND-CP dated May 5, 2000 , 07/2003/ND-CP dated 30 January 2003; replace the contents of construction bidding rules in bidding regulations attached to the Decree of the Government: 88/1999/ND-CP on 1st September 1999, no. 14/2000/ND-CP dated May 5, 2000 and no. 66/2003/ND-CP dated 12 June 2003 which are contrary to the rules of selection of contractors in construction activity in this Decree of the main ./.