GOVERNMENT DECREE On issuing the Charter investment management and build _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
The Minister's proposal to the Ministry of construction, finance, planning and investment, the DECREE: article 1. Issued following this Decree the Charter investment and construction management, Chartered alternative investment management and building were attached to Decree No. 177-CP on 20-10-1994.
Article 2. The Decree has effect from the date of signing.
Article 3. Construction Minister chaired in collaboration with the Ministry of finance, the Ministry of planning and investment, the ministries concerned is responsible for guidance and to check the enforcement of the Charter investment management and building attached to the designated Facilities.
Article 4. The Secretary of the Ministry, ministerial heads, government agencies, the Chairman of the provincial Committee, central cities, the Board of the State Corporation is responsible for the implementation of this Decree.
 
The CHARTER INVESTMENT MANAGEMENT and construction (attached to Decree No. 42-CP dated 16 July 1996 from the Government about amending and supplementing Decree No. 177-CP).
Chapter I GENERAL PROVISIONS article 1. Explanation of terms.
In this Charter, the terms below are interpreted as follows: 1. investment and construction management is to manage state on the investment and construction process from step identify investment projects to make investments and to the process of putting the project into operation, using the specified goals.
2. stupid investment project is a set of recommendations about which to create, expand or renovate those certain subjects in order to achieve steady growth in the number of, or improvements to enhance the quality of your product or service in a defined period of time.
3. Construction work is the product of construction technology attached to land (including water, sea and the continental shelf) was formed by building materials, equipment and labor.
Buildings include a category or multiple categories of works are in sync technology, complete (taking into account the production) to make the final product stated in the project.
4. The State Capital is capital owned the entire population or is derived from the owner of the entire population by State, according to the law.
5. Ministry of industry Manager, ministerial-level agencies, government agencies have sectoral management functions in the country according to the provisions of the law on organization of the Government.
6. Who has the authority to decide the investment is held or the State Government Agency assigned the rights or authorizations of investment decision according to the provisions of article 7 of the Charter.
7. The owner is the individual or organization with legal personality assigned direct responsibility management, use of capital in accordance with the law.
With regard to investment projects using state capital or the project, the dominant stock or shares of the State, the owner is the State Enterprise (company, Corporation), State agencies, political organizations, social-political organizations or project management organization was competent to decide to invest in direct management responsibility for communication use use of investment capital.
For investment projects of limited liability companies, joint stock companies or cooperative owner is the company or cooperative.
For the private investment project, the owner is the owner of capital.
For the projects of foreign direct investment, the investor is the business side (for form business partnership contracts); is the Board (for the venture companies); is the Organization, individual foreigners abandon the entire capital (for 100% foreign-owned enterprise and BOT projects).
8. Total investment is limited to the maximum costs that the Authority decided to allow investment to the investor the option of the project investment.
9. the total cost of works is required for the construction works of the project are specific computing in engineering design phase. Total works include the expenses related to survey, design, construction, procurement of equipment, the cost of using land clearance and compensation, fees and costs.
10. Investment capital are finalizing is the entire legal costs have made the investment process in order to put the project into operation to use. Legal costs are costs in accordance with contract signed guaranteed the right of State accounting mode and be audited upon request of competent investment decisions.
11. Construction standards are technical standards are defined to perform the work, survey, design, construction, testing, quality assurance, applicable to each type of construction by the State or the building manager speciality sector.
12. building standards is the text regulating the minimum technical requirements required to comply with all building activity and the solution, the construction standards are used to achieve the requirements which by the Ministry of construction issued.
Article 2. Basic requirements of investment and construction management.
The management of construction aims to: 1. Ensure the right strategic objectives of social development in each period according to the Socialist orientation. Implementation of economic restructuring in the direction of industrialization and modernization, accelerate economic growth, enhance physical, spiritual life of the people.
2. Mobilization and efficient use for the investment capital in the country as well as of the foreign investment in Vietnam; good resources, tapping the potential of labour, land and other resources, all at the same time protect ecological environment, against all acts of embezzlement, waste in investment and construction activity.
3. Build according to the planning, architecture and engineering design, ensuring sustainable, United States of America. Implementation of competition in the construction aims to apply advanced construction technologies, quality assurance and term built with affordability and warranty works.
Article 3. The fundamentals of investment management and construction.
1. State construction and investment management for all economic sectors on strategic objectives of social and economic development; planning and sector development plans, the territory; the planning and the construction plan of the town and countryside; construction standards, building standards; technology selection, land use, natural resources, protecting the ecological environment; design, engineering, architecture, construction, insurance, maintenance works and other social aspects of the project.
Private investment projects using state capital, the State also managed on commercial, financial and economic efficiency of the project.
2. Make the right investment and construction sequence.
3. clearly delineate state management functionality with business management. Specify the responsibilities of the State administration, the owner, the advisory organization, the construction business, supplying materials and equipment in the course of construction and investment.
Article 4. The investment and construction process.
The investment and construction process consists of 3 phases: 1. Preparation of the investment.
2. Make the investment.
3. Finish the building put into operation projects use.
Article 5. Classification of investment projects.
Depending on the form, the nature and scale of investment projects in the country are categorized into three groups: A, B, C. Characteristics of each group are defined in the appendix attached to this Charter. For investment projects with capital of foreign direct investment are classified according to the current rules of the State.

Article 6. Responsible for managing the State of construction and investment.
1. Ministry of planning and investment: Ministry of planning and investment has responsibility for research in built mechanisms, policies and economic management, state management in the field of domestic investment and foreign investment in Vietnam; determine the orientation and structure of foreign capital calls in Vietnam, ensuring the balance between domestic and foreign investment the Government decision.
The Government projects of laws and ordinances, the legal documents related to the mechanisms, the policy on the management of the economy, encourage domestic and foreign investment in order to make appropriate economic structure with strategy, planning, plan to stabilize and economic and social development. Licensing of investment and guide the enterprises of foreign investment the investment preparation according to the law on foreign investment in Vietnam and the relevant provisions of the Charter. Organize the evaluation of investment projects in Group A under the function to process the prime consideration of aggregate investment decisions and the prime investment plans grow every year and five years. In collaboration with the Ministry of finance checks, monitoring the implementation of the investment plan in the management by the State capital. Make sure the elements to perform partial mobilization plan investment results into action. Coordinated with the Ministry of construction, Ministry of Commerce and the local ministries, to guide and inspect the bidding regulations.
2. Ministry of construction: The building is responsible for research in built mechanisms, the policy on the management of construction, planning, rural and urban construction, the Prime Minister's approval, issued or authorised by the Prime Minister; issued or agreements to the building manager specialized in issuing the standards, rules, regulations and quality management economics building (the system of norms and economic norms of civil engineering, the standard price, unit price construction); organize the evaluation of total Group A projects to industry Manager for approval. Unified State management on the quality of construction works, of the grant of the certificate of competence for enterprises engineering consulting and construction. Coordinated with the Ministry of planning and investment, Ministry of finance and other ministries, local to guide and inspect the implementation of the Charter investment management and construction.
3. The Ministry of Finance: the Finance Ministry carried in State management functions of the financial investment in the field of development; construction research of policies, regulatory regimes to capital issued by the authority or the Prime Minister.
On the basis of the plan of social-economic development of the country, the principal balance of the national economy, actively collaborated with the Ministry of planning and investment to allocate capital allocation plans developed for The local, and the important work of the State. Unify the management of loans and Government củn aid for investment and development, management of State funds used for investment and development. Inspection, checking for financial institutions, the unit has used the State's capital, mentoring and inspecting the investment capital of the State.
The total development investment Bureau assists the Minister of Finance made the grade and credit financial incentives by the State (including the sources of loans, Government aid for investment and development) for the project, objectives, planned investment program and the direction of the Prime Minister.
4. State Bank of Vietnam: State Bank of Vietnam is responsible for studying the mechanisms of State management policy on currency, bank credit in the investment and construction process of the Prime Minister issued or authorized the Prime Minister to be issued; guide development and investment banks, commercial banks and financial institutions, other credit do mobilize domestic and foreign capital to lend long-term, medium-term projects and short-term loans investment development and manufacturing business; implementation of the tender guarantee regime and guarantee the implementation of the contract to the contractor when Vietnam joins the international tender in accordance with the Prime Minister. The Bank decide to borrow, debt collection by mobilized according to market rates.
5. The other relevant industry management: The Ministry of industry management of land, resources, technology, the environment, trade, conservation, Museum relics, landscape, cultural heritage, defence, security, fire and fire is responsible for the review and comments in writing on the relevant issues of the investment project within a period not exceeding 20 days from the date of the proposed text of the authorized investment decisions and allows for investment project after 20 days, if not get the reply comments of the Ministry of industry, the management was viewed as the Ministry that was consistent with the suggested text.
The sector Manager is responsible for guiding the implementation of the specific mechanisms, investment policy and industry development of State management of investment projects in the sector, and have the right to petition for the suspension of investment and construction activity contrary to provisions in State management functions of the Ministry.
The professional construction manager, construction Ministry for the construction of industrial, civil works; The Ministry of transportation for the construction of transportation; The Ministry of industry for the construction of mines, power lines and transformer stations, the Ministry of agriculture and rural development to build irrigation, agriculture and forestry; The postal administration for the construction of the post office an) specific instructions the implementation mechanisms, building policy to suit the particularities of the majors; research and issued under regulation assigned by government standards, processes, technical construction; technical economic quota of building specialized huật to enact after reunification with the Ministry of construction.
6. the people's committees, the central cities: people's Committee, the central cities in the scope of the functions, powers and duties prescribed by law with the decentralization of Government and the agencies of the central State Administration has the responsibility to implement state management for all organizations and individuals implement investment projects on the area under the provisions of the law.
Article 7. The Authority decided to allow investment, investment and investment license.
1. Jurisdiction to decide the investment projects using state capital.
a) Prime investment decision in project group A. b) Ministers, heads of ministerial agencies, government agencies, provincial people's Committee, the central cities decided to invest in the Group B and c. Type B projects in private before investment decisions require unity of Minister of planning and investment on investment plan and the Minister of industry regarding management planning industry development and economic content of the project.
c) Minister, Ministry of planning and investment decision to invest the capital levels of ODA projects is under 1.5 million (not counting the reciprocal stake in water).
d) The General Department and the Bureau directly under the Ministry are authorized Ministers decided to invest in projects in the Group c.

e) the Board of the Corporation established under decision No. 91 on 7 March 1994 of the Prime was deciding the project group B have small capital levels more than 50% of the corresponding upper limit of capital projects in the Group B defined in annex classified projects attached to this Charter and was the right decision for investment projects in Group c. special cases in addition to the above provisions must be prime. Particularly for the projects in the Group B before investment decisions should follow the provisions of points 1-b of this Article.
g) the Board of the Corporation established under decision No. 90-TTg dated 7 March 1994 from the Prime Minister's decision to invest in projects in Group C. h) the Chairman of the city people's Committee of Hanoi and Ho Chi Minh City was delegated to the Chairman of the district people's Committee , the district decided to invest in the project, the level of capital below the 2 billion depending on the specific conditions of each city. For the rest of the city and province, Chairman of the provincial people's Committee was delegated to the Chairman of the district people's Committee, the district decided to invest in the project, the level of capital below 500 million depending on specific local conditions.
2. Authority to permit and licensing of investment projects in the country not to use the State capital.
a) Minister of planning and investment licensed investment projects in the Group A after the Prime allows the investment.
b) Chairman of the provincial people's Committee, the central cities of concurrent license allows for investment projects in the Group B after the opinion of the Minister of industry management.
c) planning and investment licensed investment projects in the Group C after being Chairman of the provincial people's Committee, the central cities of investment allowed.
3. The project of the foreign direct investment made under the provisions of the law on foreign investment in Vietnam.
Article 8. The responsibility of the owner and the Organization of building, construction and equipment supply.
1. Liability of client: a) the owner is responsible for the Organization of the project investment through contracts under current law.
b) investor can use many different sources of capital under the provisions of this Charter to establish the project and is responsible for the continuous, comprehensive management of using investment capital from project planning, project execution and put the project into operation according to the requirements set out in the project browser.
c) investor is responsible for repaying the loan capital, the capital on time and the condition has other commitments when seeking funding.
d) when the owner changes, the new owner must take responsibility to inherit the entire work of the previous owner.
e) where the owner is the business of all forms of ownership when bankruptcy then the investment made by the owner which is processed according to the law on bankruptcy of enterprises.
g) When making feasibility studies and feasibility studies, the owner is responsible and has the right to request the authorities of the State directed to issues related to projects such as the land, resources, water resources, electricity, transportation, ecological environment , explosions, protection of cultural relics, history, security, defense and to full observance of the provisions of the State on the above mentioned issues in the whole process of investment and construction.
2. The investment consultant Organization building (survey design, project implementation management), supply of equipment, materials, construction is responsible for the full implementation of the contract signed with the owner or operator of the project and is responsible before the law about the results of the contract.
Article 9. Management principles using the investment capital to grow.
1. The State budget used to invest the State plan development include: The project to construct the infrastructure works, social economic, defense, security, without the possibility of recovery of the capital is managed using the following hierarchy of State budget expenditure for development investment.
Investment and capital support for State enterprises, contribute to equity, venture into the business sector need the involvement of the State under the provisions of the law.
The national investment fund and Fund for development assistance programs, economic development projects (in the central budget).
2. preferential credit Capital of the State refers to the investment for the project to build the economic infrastructure, the production base to create jobs, the important investment projects by the State in each period (iron and steel, cement, electricity, water supply, ...) and a number of other projects of the recovery likely industry which had been identified in the structure of the plan of the State. The layout for this project due to the Government the decision specific to each object in the plan period.
3. Equity in the foreign government loans and international aid resources for investment and development (even which official development assistance ODA) be managed under section b item 2, article 21 of the law on the State budget and other documents guiding the implementation of the law on the State budget.
4. Capital Investment Fund in the country and the State's other funds for investment and development.
5. commercial credit Capital refers to investment in new construction, renovation, expansion, technical innovation and technology production donnh project, effective services, likely payback and eligible for loans under the current rules.
Commercial credit capital is applied according to the mechanism of self, the self pay and implemented the investment procedures and conditions of loans charged to capital.
6. The capital of the State Enterprise (the basic depreciation capital, accumulated capital from profit after tax, which the self mobilization) refers to investment for production and business development to enhance the quality and competitiveness of products; business must use the capital management regime. Business organizational management organizations that also have to be responsible to check closely, make sure to use capitals for your purposes, effectively.
7. Which cooperate with foreign countries of the State enterprises.
The case of the State enterprises be allowed foreign venture capital contribution by the land use right or land rent, water, sea, plant, equipment and works in other State capitals should be permitted and authorized receive capital to be responsible for repayment to the State under the current rules.
8. Capital due to provincial and district level Governments mobilize the contributions of organizations and individuals to invest in the construction of infrastructure works in accordance with the Government.
Government funded grants communes to mobilize contributions from organizations and individuals to invest in the construction of infrastructure works of the communes on the voluntary principles.
The capital must be administered openly, check, control and ensure the correct use of the purpose, the true mode as specified by the law.
9. The investment of economic organizations not belonging to the State enterprise and capital of, the owner must establish procedures for the Agency to have the authority to consider granting business licenses, building permit.
10 The capital management of the foreign direct investment made by government regulations.

11. The investment of the foreign agencies, international organizations and other foreign agencies are allowed to build on the land of Vietnam are managed under treaty or agreement has been signed between the Government of Vietnam with the Governments or organizations, foreign body.
12. A project can use many different sources of capital, but not be contrary to the rules of use of this Charter capital; do not use the career capital to invest in the construction of infrastructure works, except in the national program due to government regulations. The local branches, not be arbitrarily moved investment capital has been issued or loans under the plan from this project to other projects without the opinion of the Prime Minister.
Article 10. Investment planning.
1. investment planning at all levels must reflect all sources of capital: the investment plan in the macro level must calculate capital balances the whole society include: Investment Department of the State budget, the credit capital investment, capital investment by the State-enterprises (which basic depreciation capital accumulation, from the return after tax and mobilization), capital of the inhabitants and of private business owners, the direct investment of foreign countries.
Investment plans at provincial, city must calculate the reflection and track the entire investment of the economic sectors in which investment was due to direct local management; at the same time guide the authorities granted under the calculated balance of the investment capital development (from a population health mobilization, from the revenues of the budget was to leave and ask for support from the upper level).
The investment plans of the business must balance reflects the basic depreciation capital, accumulated from profits after tax, from the mobilization of domestic and external resources, the State credit and budget support (if any).
The State Planning Agency the responsibility to perform direct planning state capital.
2. investment plan under the program and approved projects for: a) investment projects using state capital was total investment capital for the project.
b) The national drug program Congress decided the category and the Prime Minister approved objectives, progress, the total capital level and capital as the basis for the layout plan for the Ministry and the local. The project to build using state capital in the national program must follow the provisions of this Charter.
3. Which sector planning and territory planning, urban and rural construction must be recorded in the State plan. Contact the Ministry of planning and investment, finance specific guidelines this capital planning.
4. nature of career Capital construction investment used for the national program. The Ministry of finance with the Ministry of planning and investment, the layout plan and the notice of the Ministry, the central cities, made on the basis of the grounds: plan, got the estimation of the annual State budget, have detailed estimation of beneficiaries of State budget was approved by the authority.
5. content, planning and investment requirements, and reporting the implementation of the plan shall be as follows: a) content include: investment plan capital plan for census, survey and planning industry, the territory planning, urban and rural construction.
Investment preparation plan includes investment capital to make the investigation, survey, project feasibility, feasibility, project appraisal and investment decisions.
Preparation of the project include capital to perform surveying, design, engineering, founded the total establishment of the bid, the construction of temporary housing, construction workers for the project need to be permitted and authorized costs for preparation work done in other relevant projects.
The project plan includes investment capital to make the stores materials and equipment, construction and other costs related to bringing the project to harness use.
b) condition record annual investment plan: the project was written to prepare investment plans must be in sector development planning and territory.
The project was written to prepare plans of the project investment decision must be consistent with the provisions of this Charter.
The project was recorded on the project plan must have total authority structures.
The projects in the Group A, B, if not have the engineering design and total, but in the investment decision has capital levels specified for each category and had the technical design and the estimation of construction items are approved by the authority shall be recorded investment plans.
For the projects signed with foreign countries, including many small projects each project is under construction in the year must have technical and design expected to be approved by the authority.
c) reported the implementation of the plan: The Ministry, ministerial-level agencies, government agencies, the Corporation was established by decision No. 91-TTg dated 7 March 1994 from the Prime Minister's and the central cities, reported the implementation planning quarterly, 6 months , 9, and all five in the first week of the last month of the quarter to the Ministry of planning and investment, Ministry of finance, Ministry of construction, the General Department of statistics about the mobilization of resources, construction, mass payment allocations, project completion, the new mobilization capacities according to the form prescribed by the General Statistics Office. Particularly for the Group A project, the owner must report the situation on 25 months to the Ministry of planning and investment in General reported the Prime Minister.
 Chapter II article 11 INVESTMENT PREPARATION. Preparation of investment.
Content preparation work includes: 1. Studies on the need for investment and the investment scale.
2. Conduct the exposure, market exploration in the country or abroad to sourcing materials, devices or products. Consider the possibility that can mobilize the funds to invest and the choice of forms of investment.
3. The investigation, survey and select the construction location.
4. Establishment of the investment project.
5. Project appraisal for investment decision.
Article 12. Establishment of investment projects.
1. investment project sequence consists of the following steps: a) determined the need of investment projects.
b) feasibility study and feasibility study.
2. for Group A project conducted in 2 steps: feasibility study and feasibility study. The Prime case allow without feasibility studies, the owner only feasibility studies.
3. for a number of projects the Group B deems necessary to conduct 2 steps: research feasibility and feasibility studies by the competent person investment decisions decisions.
4. for the remaining project made a step in the feasibility study.
Article 13. The content of the feasibility study report.
The content of the feasibility research report includes: 1. the preliminary study about the need to invest in favorable conditions and difficult.
2. Expects the scale of investment, the choice of investment form 3. Select the area of the venue construction and expected to demand land use area.
4. preliminary analysis about the technology, engineering and construction, the conditions of providing materials and equipment, raw materials, energy, infrastructure services.
5. Financial analysis in order to determine the total investment, the possibilities and conditions for the mobilization of resources, ability to payback debt, currency and interest rates.
6. preliminary calculations of investment efficiency in terms of economic and social projects.
Article 14. The content of the feasibility study report.

The content of the report feasibility studies include: 1. The bases for determining the need to invest 2. The choice of form of investment.
3. production program and elements must satisfy.
4. The specific location (or works).
5. The analysis, selection of technology schemes.
6. The plans and building solutions.
7. Governing mining, employers.
8. the financial economic analysis.
The detailed content of the feasibility research report and the feasibility study by the Ministry of planning and investment and the Ministry of construction guidelines.
Article 15. Asked to appraise the project investment.
1. All of the projects are the construction of all sources of capital and the economic component must be appraised on planning building, architectural projects, technology, land use, natural resources, ecological environment protection, fire prevention and the social aspects of the project.
2. for projects using state capital must be appraised on financial and economic efficiency of the project.
3. for projects using ODA must conform to the regulations of the State and international practices article 16. Evaluation of investment projects.
The evaluation of investment projects are defined as follows: 1. The owner has the responsibility to establish feasibility research and feasibility studies to the competent person to direct investment decisions.
2. feasibility studies are authorized through the investment decision in writing is the basis to proceed with the establishment of feasibility studies or to continue exploration, negotiation, the signing of the agreement between the partners prior to the establishment of the feasibility study. For bigger groups project A, ' the Prime Minister consider the decision as proposed by the Ministry of planning and investment and the Ministry of industry management in term of no more than 20 days from the receipt of a valid application.
3. Feasibility study: A group project: Ministry of planning and investment appraisals; The Ministry of planning and investment has responsibility for obtaining the opinions of the ministries, relevant local and draft investment decision to the Prime Minister to review the decision.
Depending on the nature and necessity of each project, the Prime Minister asked the Council of State assessment of the investment project of research and advice before deciding to invest.
The project group B, C: competent person decided to invest can use the specialized agencies affiliated to the full capacity or can choose consulting to project evaluation before deciding to invest. (Private projects in Group B to have the opinion of the Ministry of planning and investment, Ministry of industry management as defined in article 7).
4. The evaluation of the projects abroad are made according to the regulations.
Article 17. The Council assessed the State of the project.
The Council of State assessment of investment projects was established by decision of the Prime Minister to advise the prime investment projects under the authority of the Prime Minister's decision.
Not established authority investment projects in other levels of 18 Thing. The project evaluation period.
1. for A group of investment projects, the evaluation period not exceeding 45 days from the date of receipt of a valid application.
2. for investment projects in the Group B, evaluation time not exceeding 30 days from the date of receipt of a valid application.
3. for investment projects in the Group C, not too verify time 20 days from the date of receipt of a valid application.
Article 19. Investment decisions and licensing of investment 1. Investment projects using state capital must be decided by the competent person before making the investment.
The content includes investment decisions: a) identifies the owner and project management forms.
b) determine location, land use.
c) design capacity.
d) total investment and capital sources.
e) method to implement the project.
g) build time and the major progress milestone.
2. for non-investment projects using state capital, the owner is granted the investment license under the provisions of article 7.
Content investment license by the Ministry of planning and investment regulations.
Article 20. Change the content of the project 1. When the need to change the content of the project must be the project investment decision that accepted in writing.
2. When you need to change the content of the project was decided to invest (or licensed investment) Investor have to explain clearly the reasons for the intended content changes, and must conduct the evaluation to decide investment or licensing of new investment.
3. Project can be suspended or cancelled in the following cases: a) after 12 months from the date of investment decision or investment permits investors to not deploy the project without the approval of the authority;
b) changed the objective of the project without the Authority decided to allow investment in writing;
c) extends the implementation of the project in comparison with the 12 month milestone too the progress recorded in the investment decision (or the investment license) without justifiable reason article 21. Project funding, investment project appraisal of investment projects in the capital funding for the project evaluation, is included in that capital. As for unspecified projects investment capital, the Investor uses her legal capital or bank loans to make and after determining the official capital will repay.
2. The level of funding for the project consulting, appraisal of projects identified in the investment project by the Ministry of construction regulations after reunification with the Ministry of planning and investment and the Ministry of finance.
 Chapter III INVESTMENT Article 22. The content of the project start.
The content of the project include: 1. Please land or rent land under the provisions of the State (including the water, the sea, the continental shelf);
2. Prepare the ground built;
3. the recruitment consultancy organization survey, design, technical expertise and the quality of the work;
4. Evaluation of design works;
5. Organize equipment procurement, construction;
6. Apply for a building permit and license resources (if any);
7. The contract with the contractor to implement the project;
8. Construction works;
9. Monitor, examine the implementation of the contract.
Article 23. Delivery of land.
1. Investors wishing to establish land uses land application or land rent under the provisions of the law.
2. review time to resolve land application or land rental to make decisions of competent bodies do not exceed 25 days from the date of receipt of a valid application.
3. The delivery, get đấi at the scene to prepare the build is done when the investor has paid land use or land rents, fees and location make the procedure of compensation prescribed by the law. The grant of land using right certificates made under the provisions of the law of the land.
Article 24. Preparing the ground for construction.
1. The owner is responsible for the damages and relieve the premises built before delivery using the building for construction unit.
Investors can sign contracts with organizations who are dedicated to the work of the compensation and the local ground clearance to perform this task.
2. The ground clearance and compensation is made according to the provisions of the law. The local authorities have the responsibility to create conditions for the owner prepare the ground building meets construction schedule.
Article 25. A selection of building it.

Recruitment consultant to survey, design, technical expertise and the quality of the work is performed according to the regulations of the State's bidding.
Article 26. The design works.
1. the legal document used to design.
The material on the probe, survey the topography, geology, hydrology, meteorology, and materials used to build design works by professional organizations have legal personality established according to building standards, construction technical standards of the State. If the applicable rules and standards of the foreign building techniques must then be approved by the Ministry of construction.
2. design process.
Depending on the nature and complexity of the works that make the design a step or two steps.
For works that require high technical foundations hydrogeological complex, they must perform two steps: design, engineering design and construction drawing design.
For simple technical works or had design templates, handling complex non Foundation made a step design: design construction techniques.
Design organization to establish total match with the design, engineering, or technical design. The content design step by step profile made according to the regulations of the Ministry of construction issued.
Article 27. Evaluation and approval of engineering designs, total.
All the construction projects in all economic sectors and capital must be professional body design before construction.
1. for the construction of investment projects using state capital: carefully designed truth and total projects in Group A by heads of industry Manager for approval after the deep professional bodies of The construction design and evaluation of estimation. Technical design and total project work in groups B, C by people with the authority to approve the investment decision after appraising professional bodies on the design and construction management agency evaluation unit cost estimates. The building management agency of the Corporation is the governing body of the Corporation. Building management agency of the province of the central cities is the basis of specialized construction.
2. For projects directly invested by foreign countries, the evaluation design is done by a private guide.
3. for non-investment projects using state capital, investors must hire the consultant has the legal appraisal of engineering design to qualify for a building permit.
Article 28. Building permit.
1. All the new construction, repair, improvement, change the function or purpose of use in the municipality and in the area in addition to municipalities, are required to apply for a building permit, except in the following cases are exempt from construction permits: a) works in A group project has been the prime investment decision and approval by the authorized digital design Arts, but before construction of the investor must submit a resume building construction design to the provincial people's Committee or the city in order to test, track and archive.
b) cases of minor repairs not affecting the structures surrounding the House and the streets specified in article 18 Decree No. 91-CP on 17-8-1994 Government's management about urban planning.
2. The authority to grant a building permit shall be as follows: a) the Chairman of the provincial people's Committee, the city directly licensing construction works in his territory, according to the proposal of the Director of the Department of construction or Chief Architect (for the local there was Chief Architect) Chairman of the provincial people's Committee the central cities, the grass can be delegated to the Director of building Department or Chief Architect (for was the Chief Architect.) directly to license build the works in his territory.
When is authorized to grant a building permit, the Director of the Department of construction or the Chief Architect is responsible for implementation of the administrative procedure. under the provisions of the law and must regularly report to the Chairman of the provincial people's Committee, the central cities know about the licensing situation in local construction.
b) President of the people's committees, districts, towns and cities in the licensing of individual housing construction of privately-owned and small scale works according to the hierarchy of the Chairman of the provincial people's Committee, the central cities. The licensing of construction works in this group are under the professional direction of the Director of the Department of construction or Chief Architect (for the local there was Chief Architect).
Base conditions of each locality, Director of the construction Department or Chief Architect (for the local there was Chief Architect) plans for licensing construction organization, classification and delineation of the other zones, the location of the licensed works are built to the Chairman of the provincial people's Committee the central cities, decided.
For the city of Hanoi, Ho Chi Minh City the construction license provisions (including the classification and delineation of the area to license build) by the Chairman of the city people's Committee issued after reunification with the Ministry of construction.
c) export processing zone authority, the industrial area of focus because the Prime decision established the right to license the construction works within the boundaries of industrial zones and export processing zones in accordance with the provisions of the laws and the professional guide's Director of building Department or chief architect of the city (towards was the Chief Architect).
3. Ministry of construction licensing procedure manual build.
Article 29. Resource extraction license.
The case of investment projects in need of resource extraction, then the owner must comply with the provisions of the law on mineral resources.
Article 30. Tender and specify the bid.
1. investment projects using state capital must be held by the tender regulations bidding of the State except the following specified project bid: a) the research nature of the project, testing.
b) urgent nature project due to natural disaster, the enemy.
c) project secret nature, security, national defense.
d) project worth under 500 million.
e) some special projects are prime.
2. Encourage investment projects do not use the State capital the bidding organization and recommended the project be allowed to specify the tender form bid the whole or partial projects as project.
3. Before approving plans to bid on projects in the Group B, if that package is worth over 500 million needed to apply the specified tender form, the authority of project investment decision must report the Prime Minister allows.
Article 31. The contract about consulting, equipment procurement and construction 1. After the text of the approval authority the tender results, the investor must negotiate and sign contracts with the winning bid unit according to the State's bidding rules.
The case of the contract with the foreign organizations shall have the authority to decide the investment approved the content of the contract.
2. where the specified implementation of the tender, the investor must base on design, estimation is to negotiate and sign contracts under the provisions of the law of contract.

3. in case the owner arbitrarily contract contrary to the provisions on the funding agencies not allocated or lending, was also disciplined according to the degree of the violation.
Article 32. Commencement conditions.
All the works want to start must have sufficient condition: a) building permits (for the project to have a building permit);
b) works using state capital must have total authority granted approval. For the construction of large scale, long construction periods that are not yet eligible to establish total right to technical and design estimates are approved by the authorized technical design and total staged approval or construction projects (such as leveling the ground ancillary buildings, housing, construction workers ...) but at the latest after implementation was 1/3 the value of the volume of building works the whole project must have the technical design and total submission to the approval authority as a base to manage project costs;
c delivery contract bidding) are valid.
Article 33. Technical management and quality construction.
1. The organization must design, survey implementation the internal review is strictly individual projects. Each of the projects designed to have the Chairman of the projects of personal responsibility before the law on the quality and efficiency projects. Monitoring regimes author, head of projects of works closely with the owner and construction business timely solving the problems arising in the course of construction to ensure quality.
2. The construction business owner responsible for technical, quality construction. Construction business with technical check and quality to make the technical management and quality construction along with the owner, organization design, organization monitoring the implementation of the file, check the quality of each work, each category and the whole works.
3. The owner is responsible for implementing or hire Consulting performs the quality control for the construction in the process of construction.
4. construction is functional Unity State on the quality management of construction works, in cooperation with the Ministry of construction management majors to enact or hierarchy issued the regulations on the management of professional quality.
5. The Department is the agency that helps build people's Committee, the city of centrally implemented system functions for the State management of the quality of construction works on the province, the city, is responsible for coordinating with the Department of construction management majors, guide and organize the inspection of , test, assess the State of the quality of construction works on the province, city.
Article 34. Company.
Collaboration company must be conducted each batch immediately after finishing the work volume, the bearing structure, these parts or projects and the whole works.
The owner is responsible for organizing the company under the guidance of the Ministry of construction.
For one. number of important projects or have complex requirements, the investment decision Council decision to conduct the test, considering the work experience of the client according to the proposals of the State Inspection Bureau for the quality of construction works in The building.
Article 35. The level of capital and payments.
1. for the construction and installation package applies the specified tender form the loan allocation, capital construction payment based on the value of the volume achieved monthly test, but must be located within the annual investment plan and within the total approved.
For tenders construction tenders organization made capital advance from 10% to 20% of the annual capital plan depending on the scale and specific conditions of each package and the capital payment is made according to the schedule defined in the plan.
2. for the purchase of equipment (including import equipment and manufacturing equipment in the country) are advance which match the current payment mode and conditions of the contract between the owner and the organization supplying the equipment but does not exceed the maximum annual capital plan.
3. The contract of building it was to advance at least 25% of the contract value according to plan which all year.
4. Allocation of capital construction nature career, industry, territory planning capital, planning urban and rural construction, by the Ministry of Finance shall guide after the reunification with the Ministry of planning and investment and the Ministry of construction.
5. the end of the year project (works, projects completed) interim financing agency holds 5% of the value of your plan year construction works (the category of complete works) and will pay immediately after having approved settlement reports: 6. funding agencies do not fund the State budget and credit capital incentives by the State for the damage risks in the coverage works for investors not to buy the insurance of construction works.
Article 36. Capital investment.
1. Every year, the owner must report the investment was made with the agency allocated for loans. When the project is completed (or projects) the owner must submit a report to the Agency capital allocations or loan capital and investment decisions.
2. Projects of the different sources, in the report must breakdown each source of capital.
3 investment projects lasting many years, when finalizing the owner to redeem the investment made on the premises at the time of the handover in order to determine the value of the new fixed assets increase and asset value delivered.
The Ministry of construction is responsible for guiding the unified price conversion methods in each period to the investors make when finalizing.
4. Slowly as 1 month after the end of the plan year, the owner must complete the capital report done last year sent the agency allocated or loans and The provincial people's Committee or the city, centrally.
At the latest 6 months after the completion of projects put into operation, the owner must complete the report capital sent the agency allocated or loans, the Agency has the function of settlement or assessment the competent authority and the approval of the settlement. The Ministry of finance is responsible for setting time manual finalizing, report content, content verification and approval of capital investment projects using state capital.
6. With regard to the investment project business cooperation and joint ventures with foreign capital use, when you complete the construction must be assessed the value of equipment and construction costs to determine the level of capital contribution of the parties and the obligations, other benefits of the business.
Article 37. Verified and approved the settlement.
1. Prior to the approval decided endeavor capital project completed is conducting the investigation for the projects in the Group A, the Ministry of finance is responsible for presiding over the investigation.
For the remaining projects by the provincial people's Committee or the city, centrally organized the survey.
Financial authorities have a responsibility to check and have comments received in writing prior to the approval authority.
2. investment project for the completion of works or projects) who has the authority to decide to invest at the same time as the settlement approval.
Private projects in smaller groups A, authorized the Prime Minister to the Minister of finance for approval.

With regard to the investment made, the agency allocated or to inspect loan capital used according to the approved plan.
3. cost assessment and browser is included in the settlement which stupid investment of the project by the Ministry of finance regulations.
 Chapter IV FINISHED BUILDING PUT into OPERATION PROJECTS using Article 38. The content of the work of the stage finish building put into operation projects use.
The content of the work is done at the end of construction including: 1. Delivered works.
2. Finish the build.
3. Warranty works.
4. Operate the project.
Article 39. Delivery of the work.
1. The process of building the entire console was only for the user when the building design was complete and satisfactory quality, including Interior and exterior finishing works and tidy sanitary premises.
2. When the Commission, must communicate both the record complete works because these documents on issues relevant to the work to be delivered.
3. The records of construction works should be submitted by the legal provisions of the State archives.
Article 40. Finish the process.
1. building activities were ended when the work was handed over to the owner.
2. After the Commission, the building must liquidate or move most of its assets out of the construction area and return the loaned or leased land to serve the construction according to the provisions of the contract.
3. obligations under the construction contract be terminated completely only when the expiry of warranty works.
Article 41. Warranty works.
1. The person provides documentation of survey data, including product copy, drawing, experimentation) serves the design, building, testing, inspection process, the Chairman of the project for the design, construction, contractors who supply materials and equipment for construction and building supervisors are fully responsible to the law on product quality or his real work results does.
2. The warranty period; rights, the obligation of warranty of the parties; the procedure made that rights and obligations by the competent State Agency regulations.
For the survey product, designed by the Ministry of construction of building regulations.
For other types of materials, equipment, goods and industrial products by the Ministry of science, technology and environment regulations.
Article 42. Operation of the project.
After receiving his Commission, the owner is responsible for the exploitation, use of capacity, synchronization works organization of production, sales, service; improve organization and management methods in order to promote the full range of technical-economic indicators has been proposed in the project.
43 things. Capital repayment.
1. Recovery of capital investment is the principle required for all investment projects capable of payback.
2. With regard to investment projects by the State budget, credit, commercial credit incentives, capital of the business that the owner is responsible for repayment or repayment of the loan, the funds to recover and repay the loan covers the entire depreciation basis part of profit and other funds (if any).
The case of irrecoverable debts are repaid capital and loans, the owner is responsible under the provisions of the law.
3. for the project by the direct lending business of foreign guarantee of the State, the responsible businesses pay according to the loan contract. The business case does not have the ability to pay off debt that has expired, then the Agency must guarantee responsible repayment instead of at the same time have the right to request the competent State agencies apply the necessary measures including asset auction business.
 Chapter V ORGANIZATIONAL FORMS TIIỰC PROJECT MANAGEMENT Article 44. The form of organization of the project management.
Depending on the specific conditions of the project (works) can apply the following management forms: 1. direct investment project management.
2. The Chairman of the project.
3. Turnkey.
4. Diy.
Article 45. The form owner directly managing the project.
The owner held a selection and direct contracts with one or more of the advisory organization to perform surveys, design works, prepare the tender, tender or the tender specified. After the owner contracts with construction contractors, the task of monitoring the construction process management, ensure the progress and quality of work still do counseling organizations were selected.
Article 46. The Chairman of the form project.
1. Client selection and organization the Authority decided to change his advice Organization Executive project is responsible for the transaction, the contract with the Organizer, survey, design, supply, construction and installation of equipment, to perform the tasks of project implementation at the same time is responsible for management oversight of the whole process of the project.
2. Form of the Chairman of the project only applicable to large scale projects, technical complexity and long construction period.
Article 47. Turnkey form.
1. The owner of the project tender to choose a contractor (General contractor) performs the entire implementation of the project (design, procurement of materials, equipment, construction, ...) The owner just browse the design, engineering, testing, estimation of total and receive delivery of the finished project when put into use. Construction general contractor may subcontract the survey, design, procurement of equipment or parts of the volume of building works filled up for the subcontractors.
2. turnkey form are used in the construction of buildings, works and works produced in small scale business, simple techniques.
Article 48. DIY form.
1. Owner use the force be allowed to practise his construction to make construction volume.
2. Form of DIY only apply for repair works, the small scale improvements, special majors construction (construction, agriculture, forestry and public works investments to build the technical infrastructure of the construction business).
Article 49. Investment advisory and organization building.
Investment and advisory organizations build includes professional consulting companies in the economic sectors are established and operate in accordance with the law; research bodies, universities, technical high school building; the scientific society of the society of art is related to the construction sector have legitimate organizations, has legal personality and has the certificate of investment advice and capacity building.
Depending on the capacity, consulting organizations can implement the project (feasibility, practicability), designed, drafted tender, tender, monitoring and managing the competition process cuffs, construction company and also contracted with other consulting organizations to perform part of the work of the Advisory mission.
 Chapter VI Article 50 CONSTRUCTION BID MANAGEMENT. The principle and construction management.
1. the State performs management of the construction cost through the enactment of the mode, policy on pricing principles, methods of estimating, bases (technical-economic norms, standard price, unit price construction, performance capital...) to determine the total level of investment projects, total construction and estimating projects.

2. All works using state capital are to set up enough of the material estimates identify the necessary costs of the works. The owner, consulting organizations is based on the construction cost management regulations of the State to establish and process approved by the authorized total estimation categories as a basis to review the bid packages using state capital. Construction contracting businesses based on the stipulated construction management of the State for reference when defining your business's bid.
3. The price paid is the price works winning bid and the conditions stated in the contract between the owner and the construction business.
Article 51. State management on the construction price.
The Ministry of construction jointly chaired the State management agency concerned is responsible for the unified management of the price building (the technical-economic norms, unit price, price, price consulting: prospecting, designing, planning, construction design) and performs the evaluation of estimation works in A team project using state capital.
Article 52. Manage total estimate, estimate projects the projects using state capital.
1. payment Price works in all forms of tender or the tender specified are not exceeding the total estimation of works or projects estimation (for the package). Special circumstances beyond the total estimate or estimate projects approved to conduct evaluation and the authority to review investment decisions, decisions.
2. for works designed by two steps then estimating projects was created by design drawing by people with the authority to approve investment decisions or an authorized approval.
Article 53. Construction insurance.
1. When conducting construction and investment, the investor must buy insurance works in a pharmaceutical insurance companies allowed to operate in Vietnam. For the projects of foreign direct investment to buy insurance under the provisions of the law on foreign investment in Vietnam.
2. Insurance costs works is a division of capital investment projects. Insurance costs by comparison with the value of the work.
3. The construction contractor organization level, consultative institutions must buy insurance for materials and equipment, factory construction service, accident insurance for workers, insurance civil liability with regard to third persons, insurance for the product survey, designed in the project implementation process. Premiums are charged to production costs: 4. insurance conditions, rights and obligations of the Parties covered by the parties to the agreement but are not contrary to the rule of law in Vietnam, the international practices. The Ministry of finance guidelines on building insurance.
 
Chapter VII INSPECTION, test and HANDLE breach of article 54. Inspection, check the investment and construction activity.
1. All the investment and construction activities of all relevant organizations are subjected to inspection, inspection of the State authorities in each management field.
2. Depending on the specific situation of each investment project, can the Inspector, checking each stitch or stitch all of the construction process.
Article 55. Handle violation for the investor.
1. The owner must make the State's rules on the management of projects defined in this Charter, if the infringement depending on the level of light may be heavy administrative sanction, or prejudice criminal liability, compensation for damage.
2. When the owner doesn't fulfill its responsibilities stated in the contract with the Contracting Organization (consulting, construction, equipment, shopping.) then the owner must pay the contractor organization fines violate the contract and in the event of damage, compensation, dealt under article 272 of the Civil Code Article 56. Handle violation for project appraisal, organization design, the total estimation and verification.
Appraisal organizations responsible authority investment decision about the accuracy of the documents and the conclusions in the report the results of its evaluation. The case of wrong decision authority (crashes, wasted or not effective, economic, social) because the materials, data and conclusions of the evaluation organizations lack accurate evaluation organizations which dealt with administratively or may save the criminal liability If damaged, they must compensate.
Who has the authority to decide the investment decision wrong on investment undertakings entail serious consequences on the social, economic, environment, they must take responsibility before the law.
Article 57. Handle violation for consulting organizations, supply of equipment, construction and installation.
1. in case of the detection risk losing labor safety during construction, or building institutions violated several times the rules of safe labor, construction management, construction safety inspector has the authority to temporarily suspend construction.
The temporary suspension of execution will expire when the building organizations has overcome the risk or breach thereof.
2. The massive violations by the engineering consulting organization or organization triggers construction reduces the severity of quality projects (works) of building collapse, damaged including the case when putting projects (works) to exploit the use of the consultant and the Chairman of the Organization of the project construction organization design or to compensation for damage and the knowledge of other liability in accordance with the law.
3. If the advisory organization, organization construction equipment supply does not perform properly the contract about the quality, progress and then subjected to offset any loss and incur a penalty. Specific penalties (not including costs, repair damaged ...) by the unity party scored in economic contracts but not more than 10% of the total costs of the consultancy work or 5% for the offending devices or value of 5% of the value of construction volume section violates. Fine source of profits from use of the unit, after having performed the obligation to pay tax to the State.
Article 58. Sanctions against individuals.
For those individuals in the agency owner, consulting organizations, providing supplies and equipment construction and the relevant agency as violating the provisions of this Charter shall, depending on the level of violation may be administrative sanctions, suffering prejudice criminal liability , in damages.
 
Chapter VIII TERMS of ENFORCEMENT of Article 59. The Secretary of the Ministry, ministerial heads, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, the Board of the State Corporation responsible for implementation of this Charter.
The Secretary of the Ministry of construction, finance, planning and investment and the Ministry of industry Manager relative responsible Guide, track, check out the enforcement under state management functions of the Department.
Article 60. A Charter to take effect from the date of enactment and applies to all economic sectors in the country.
APPENDIX CLASSIFICATION of INVESTMENT PROJECTS (attached to the Charter investment management and building attached to Decree No. 42-CP 167-1996 of the Government about amending and supplementing Decree No. 177-CP).
Investment projects (not to mention the project of the foreign direct investment) are classified into 3 groups A, B and C according to the following provisions i. Group A PROJECT: 1. The projects in the scope of the security guard, the defense of national security, have political connotations important social, (regardless of the scale of capital investment):

2. The project for the production of toxic, explosive, (mining, processing of rare minerals: gold, silver, rare-earth gemstones (not dependent on the scale of capital investment) 3. BOT projects in water infrastructure construction and industrial zone, urban infrastructure capital from 100 billion or more.
4. ODA capital projects from 1.5 million in foreign capital.
5. The project produced the medical industry, culture, education, radio, television, tourism, construction, scientific research ... on the 75 billion (not counting the headquarters, the work of State bodies) 6. The project has a total investment: a) on the 400 billion for projects in the electric power industry, oil and gas, chemicals, fertilizers, machinery, cement, metallurgy, mining, ports, airports, highways b) On 200 billion for irrigation projects traffic, (in a), water supply and technical projects in urban infrastructure, industrial, electrical, electronics, mechanical, construction materials manufacturing, border post.
II. project GROUP b: 1. Projects using ODA (no project group C) and the BOT below the level stipulated in section I.
2. The project has a total investment on specified in section III and below the level specified in level I. 3. The project of the rest of the industry has not yet stated in section I and have total investment on the level prescribed in section III.
III. D. Group C PROJECT whether you want: 1. The project has a total investment under the following provisions: a) below 20 billion for projects in the sectors: electricity, chemical, fertilizer, petroleum, mechanical, transport, irrigation, urban water supply, building materials, telecommunications.
b) below 20 billion for projects in the branches: electrical, electronics and information technology, light industry, porcelain, glass, paper, leather, Textiles, apparel, agricultural, forestry and aquatic products, the Turkish pharmaceutical Chemistry, medicament.
2. The project is not in point., l. b have capital levels under 7 billion.
Notes: 1. The project group A on railway, roads have to be segmented according to the length of the road, the level of road, bridge, under the guidance of the Ministry of transportation after chauffeur-Ministry of planning and investment.
2. The Headquarters buildings, State agencies must comply with the current regulations of the Government.