Decree on additional amendments replaced the Charter the basic construction management has attached to Decree No. 232/CP dated 6 June 1981 of the COUNCIL of MINISTERS made the resolution of the National Party Congress IV, resolution of the Central Conference of the 3rd and the other resolutions of the Central Committee of the MICRO key about innovation management mechanism ;
The Union's proposal to build-the State Planning Committee, about the need to revise, Supplement replaced the Charter the basic construction management has attached to Decree No. 232-CP on 6-6-1981 (hereinafter referred to as the Charter the basic construction management 232-CP) to meet the requirements of strengthening management of basic construction work in the new situation;
Based on the resolutions of the Council of Ministers during the session on August 29, 1990;
DECREE: article 1.
Now modify, supplement the Charter the basic construction management 232-CP in the following chapters: chapter I (General provisions): modify, supplement the complete 1, 2, 3, 4, 5, and article 6;
Chapter II (investment): instead of the 8, 10, 12 and modified, complete the additional article 11, 13;
Chapter III (preparation of construction): modified, complete additional articles 15, 16, 18, 19, 20, 21, 22, 24 and 23-things change;
Chapter IV (construction): modified, complete the addition article 25, 30, 32 and article 31;
Chapter V (capital management): instead of the whole article 36 to article 42;
Chapter VI (bonus, penalty): replaced by new chapter VI (handle violations and the payoff from article 43 to article 47);
Chapter VII (implementation provisions): instead of 48 and 50 thing;
Article 2.
Charter construction management 232-CP has modified and supplemented the aforementioned things are attached to the Decree has effect from the date of signing for all economic sectors in the country.
Article 3.
Given The account to build coordinated with the heads of the agencies and departments, the local monitor, guide and check the enforcement of this Charter and plans to direct the synthesis of experiences in managing capital construction over the years to build into the construction process of the Council of Ministers at the end of 1991.
Article 4.
The Secretary of the Ministry, the Chairman of the State Committee, the heads of other bodies in the Council of Ministers, the President of the people's committees of provinces and cities, the district directly responsible to enforce this Decree.
 
CHARTER CONSTRUCTION MANAGEMENT (attached to the Decree of the Council of Ministers No. 385-dated November 7, 1990 revised Charter pulse window construction management of 232-CP on 6 June 1981) chapter I GENERAL PROVISIONS article 1.
The basic requirements of the management of basic construction.
The management of basic construction must show the right path to build socialism and economic development strategies of the Social Democratic Party and the State to the most effective use of the investment capital, good resources, tapping the potential of labour, land and any other potential at the same time protect the ecological environment for the successful construction of infrastructure-engineering of socialism. The investment policy and investment plan for basic construction must contribute to ensuring economic development pace a balanced, rhythmic way, forming a reasonable economic structure in each stage, advanced social economic efficiency, increase the social product, increase national income and meet the growing needs of society.
Article 2.
The basic principles of the management of basic construction.
1. comprehensive planning implementation and synchronization of work from basic construction investment construction planning, preparation, preparation of construction to complete, construction phase of investments, putting the work into production, use.
2. tight management of basic construction work to ensure economic efficiency of investment capital. Perform economic and accounting mode use the economic leverage to tackle properly the relations of interests, including the interests of workers are motivated to soon put the works on the production, use, with good quality, lower price.
3. In compliance with the basic construction sequence.
4. implementation of the unified management of State for economy-technique for whole construction base, ensuring the correct investment directions, tasks of the plan period, achieving high social economic efficiency and level of science-advanced techniques.
5. clearly delineate state management functionality with production management, business; high responsibility of the Organization of production, trading for the use of capital; delineation of management invested with building management, make the assignment, logical divisions in capital management and construction management ensures high economic efficiency.
Article 3.
The basic construction sequence.
Basic building work must be conducted in due course, in three phases: preparatory phase of investment, construction preparation phase and construction phase.
The Agency plans, managing investments, investors as well as other bodies concerned to implement the investment must adhere to basic construction sequence by a Charter provisions.
Article 4.
The object of the basic construction investment.
The object of the basic construction works or construction Association.
1. Construction work must be done on a certain place, a certain routes under construction or planning on location there was works (if the construction is expanding, improving, recovery). Each process consists of one or more projects are in sync technology, complete (taking into account the production) to make the final product clearly in economic technical justification.
2. The Union works include many works and projects concentrate in a place or a region, forming distinct production stages and organic together relevant in terms of production technology, to make the final product or to aggregate advantage.
3. where the work was invested in capital projects, budget is not subject to being granted a new construction investment; not allowed to tear travelers a work out many projects to obtain investment capital.
Article 5.
The basic construction investment.
The basic construction investment is the entire cost to achieve the purpose of investment, including costs for the prospecting, construction planning, preparation of investment, the cost of design and construction; the costs of purchasing and installing equipment and other costs recorded in total.
Article 6.
Responsibility of the industry, the level of basic construction management.
1. The ministries, State committees, other bodies in the Council of Ministers (hereinafter referred to as the Ministry), the people's committees of provinces and cities, municipal district (hereinafter referred to as the provincial people's Committee) is responsible for uniform State management of basic construction investment of the economic sectors according to the strategy of economic development , social and planning, planning of local and industry; steer, guide and check the owner made courtesy has been specified in a Charter.
The provincial people's Committee, is managing the portfolio of investments of the State unit affiliated to the General and responsible economic and social efficiency of the process.

2. Owner: all the works regardless of resources, investment form must clearly identify the owner right from when the certificate of technical economic arguments, the owner is the owner of capital (private, collective, shareholders, State). As for the State's investment, the investor is the State delivered right to direct capital management to implement effective investment mission. An investment can use many different sources of capital. The owner is responsible for the continuous and comprehensive on the management and use of investment capital from the time of construction until the complete works put into effective use in accordance with the request formulated in the technical-economic justification. When changing the owner service then the new person must be responsible for the inheritance of the whole investment work and the previous owner must take responsibility jointly of the entire investment work carried out during the incumbent.
3. The organization of survey, design, manufacture and supply equipment for the construction, supply of materials and transportation have the task to fulfill the economic contract signed with the owner and construction organizations and responsible before the law about the results of that contract.
The superior authority of the aforementioned organization is responsible for directing, guiding the organizations affiliated to the true enforcement mission has been defined in a Charter.
4. investment and development banks have functional development investment from the State budget for public investment to economic development-State technical and financing medium-term, long-term, medium-term loans to foreign, primarily for long term.
Bank for investment and development of self-responsibility for deciding lending for investment projects in the economic sectors according to the structure and orientation of the State plan on the principles guarantee economic efficiency and payback of loans. The Bank has the right not to grant or revoke of which had previous loan prescribed time limit if the use is not true purpose, object and error mode, the policy of the State.
 
CHAPTER II PREPARATION of the INVESTMENT article 7.
Preparation of investment.
All the intended works investments are to be prepared by the following tasks: 1. Clearly define the need to build public works.
2. Conduct the exposure, market exploration in the country or abroad, if the work is related to the sourcing of materials, devices or products consumption in the country or outside the country.
3. the investigation, survey and select a location to base economic evidence reasoning techniques.
4. Establish, verify, review of the technical-economic justification.
Article 8.
The technical-economic justification.
1. All investments (regardless of resources, forms of investment as well as the level of management, including the process of cooperation, joint ventures with foreign countries, works borrowing foreign capital, and foreign aid works) have to argue economic-technical certification or technical-economic report (for simple structures and common) from which the decision advocates the early investment.
Particularly for the important work has meaning decision structure and speed development national economy and cooperate or loans or non-refundable aid of foreign countries then before arguing the technical-economic evidence to establish feasibility project (preliminary project).
Economic report content and technical feasibility of the project by the State Planning Commission and the Ministry of construction for specific instructions. All of the technical-economic justification of the works (regardless of the source of capital and economic components) are required to pass inspection on construction planning and architecture, the technical approach to technology and construction, use of resources, protecting the environment, the social aspect of the work.
With regard to the investments of the State economic organizations have to verify on the economic indicators, financing of public works.
2. The owner is the person responsible for the establishment and the technical-economic justification for submission to the competent State agencies consider licensing or approval (if is the basic construction of the State).
When arguing the technical-economic evidence of the investor or the investment manager had holder duties and requested that the relevant management bodies of State guidance on issues related to public buildings such as: resources, water resources, electricity, transportation, the environment, fire protection of cultural relics , history, defense, etc.
3. Investments in capital, funding for the preparation of the investment in it capital: works in the budget due to the budget; other works if not yet identified the source of capital works, the owner uses his legitimate capital or bank loans to make.
Article 9.
The content of technical-economic justification.
The content is mainly to do the calculation base, established, economic justification-review techniques are: 1. The need for investment.
2. The scheme of investment form.
3. Investment for major works for the investment, pertaining directly as: base of raw materials, electricity, water supply, transportation, post offices from the main line to the works, investment for environmental protection, investment for housing of workers; expected investment to the next step or extension works (if any).
4. The options on venues, online works in the overall construction plan, scheduled area occupied the land, the ability to make use of the technical infrastructure and facility serving the public, the protection of resources, environmental protection, ecological and historical monuments, landscape, guarantee safety in time of war and when there are natural disasters.
5. The products, technology and equipment, production capacity, equipment supply, parameters and technical characteristics of the equipment, the technical-economic norms achieved after works went into production use.
6. The demand for raw materials, labour, energy, water and transport and ability to meet the need when operating the works.
7. The construction projects (accompanied by the necessary drawing): standard and level works, the works, the general approach, the methods of construction and of progress, volume switches, mainly construction and ability to meet requirements of building materials , construction equipment and road construction and installation service.
8. The economic indicator: capacity of investment capital, production, capital recovery period ...
9. With regard to the import of foreign works must calculate the add the following items: import prices and the price of the corresponding type products on the international market.
Possibility of Exchange, trade terms, loans and payments.
Ability to export products to the repayment, reduction or repayment through other products.
The ability to cooperate with other countries and the competitiveness of the products on the international market.
The conditions of contract professionals, workers and training officers, supply of raw materials, fuel, replacement parts for the initial operating phase.
Article 10.
Preparation of the investment programme and the joint venture with foreign countries. 1. Works in partnership with foreign countries must comply with the rules on the preparation of investment policies and foreign investment law.

The technical-economic justification of important works by foreign parties, Vietnam stands out cooperate must send the original justification technical-economic and South Vietnamese translation for the following agencies to review assessment organization: State Planning Committee The Scientific Committee, the State, the State Committee for cooperation and investment, the Ministry of construction, Ministry of finance, the State Bank, the Office of the Council of Ministers, the Ministry of public works investment.
2. for the projects of cooperation and joint ventures with foreign countries related to basic construction investment, the State Committee on investment cooperation only to be the investment license after the technical-economic justification is approved by the authority in accordance with the Charter.
Article 11.
Authority to approve technical-economic justification.
1. The President of the Council of Ministers approved the technical-economic justification of important works, after considering the opinion of the Board verified the technical-economic justification.
2. The Minister, Chairman of the provincial people's Committee review of the technical-economic justification of the remaining works, after considering the opinion of the Board verified the technical-economic justification of sector or local level. For works on the quota must have the agreement of the State Planning Committee on identifying the needs and the balance of the plan; of the economically-building techniques.
In each period of the plan, the State Planning Commission, the Ministry of finance and the Ministry of construction process of the Council of Ministers decided to catalog the important work and assign quota works mentioned in point 1 and point 2 above. Minister and Chairman of the provincial people's Committee must submit a written review of the technical-economic justification of the works under his jurisdiction over the State Planning Commission, Ministry of construction, Ministry of finance, the Bank of investment and development for monitoring and management.
Article 12.
The Board verifies the technical-economic justification.
1. The Council verifies the technical-economic justification of State level due to the Chairman of the State Planning Commission Chairman, the permanent members of the Council include: the Ministry of construction, Ministry of finance, the State Science Commission, Bank for investment and development, the Office of the Council of Ministers. The other members of the Council include: Ministry of investment works, heads of departments and localities concerned. If the programme is a joint venture with foreign countries then have the participation of the State Committee for cooperation and investment.
2. The Council verifies the technical-economic justification of sector and local levels have the corresponding components such as the State Council and responsible to help Ministers, Chairman of the provincial people's Committee verifies the technical-economic justification of the remaining works.
Article 13.
The time limit for review of technical-economic justification.
From the date of receiving the application, the time is 45 days assessment, review time is 15 days.
The case is reset or additions, the time from the date the Agency verifies, getting enough review document profile.
Article 14.
Modify the technical-economic justification.
When the technical-economic justification was considered, not necessarily changing location, investment undertakings and construction projects; the case owner wants to change to a browser, and the entire technical-economic justification. Only competent economic justification review new techniques are allowing the change. When no new decision cannot be allowed to stop the work underway.
CHAPTER III article 15 CONSTRUCTION PREPARATION.
Preparation work for construction.
The construction works just started construction when the owner, organization design, organization construction ... has done the work to prepare the construction of the following: 1. The owner must: signed with the institutions designed to taking steps to design, organize, verify, review of design profile , estimation.
The purchase of equipment, supplies and hire technical specialists (if needed).
Economic Affairs contract bids and construction contractor with the construction organization.
Freed and handed the premises built by request of the progress.
2. construction and installation organizations is: prepare the conditions for construction: leveling, power, water, building factories, depots, ports, roads, and a temporary work camp Shack serves construction, preparation of building materials, etc.
Preparation of the construction works are directly related.
Article 16.
Survey and design.
1. All construction work (regardless of the source of capital and economic components) before starting the construction must be designed by the design organization has the legal right under the trades register was making. The design must comply with the rules, procedures, technical-economic norms and standards of the State and have been verified, according to the review provisions of the State.
The design work to be conducted only when there is construction survey documents, if the as resource extraction work must then be reported exploration resource reserves according to the regulations of the State-level reserves and exploration stage.
2. The design of important buildings, the complex is conducted in two steps: step design engineering (accompanied by the total estimation of design engineering) and construction drawing design steps (attached estimates of construction drawing design). After the technical design and total approved construction drawings, assigned each section to fit the construction organizations of the progress.
With regard to the application of technical progress, the use of design patterns, design shaping the agency review of technical-economic justification are decided to design a step-by-step design engineering-construction (accompanied by total design, engineering, construction) to reduce the cost of design and design time.
Article 17.
Economic contract of subcontract and contractor design.
1. The design of works by the owner of the economic contract with design organizations. In the case of a work has multiple join design must have a main contractor organization of design. The organization received the main contractor responsible for the whole of the implementation contract the contracting with the owner, ensuring uniformity, synchronization of the design and are entitled to a fee charged for the work of the main contractor.
For those directly related works have been approved in private investment, the investor can sign contracts with professional design organizations.
2. The contract designed to ensure proper implementation of the requirements and content of technical-economic justification, must follow the right procedures, rules, standards, technical-economic norms and modes, other related regulations of the State; must clearly define the calendar design and delivery the responsibility of ensuring the delivery of a calendar design.
3. for works by foreign design institutions undertakes, when the contract for subcontract design right owner: enforce strictly the uniform management mode of the State for providing the materials, figures for foreign countries.
If you use the procedures, rules, standards, technical-economic norms of foreign countries to design while there were provisions of the State must be the agreement of the Ministry of construction.
Article 18.
Engineering design and review of estimation.
1. The Minister, Chairman of the provincial people's Committee is responsible for engineering design and review of estimation works Ministry or local management.
Particularly for those works of special importance, the President of the Council of Ministers.

2. The build host along with other members of the Council verifies the hard technical economic treatise (specified in article 12 of this Regulation) specifications and design verification of estimation by the President of the Council of Ministers.
Management Agency of the Ministry of construction, the province, the city hosted the technical and design verification of estimation the works Ministry and local management.
3. The Ministry of construction is responsible for State management system about design and estimation.
4. With regard to economic sectors, construction Ministry instructed provincial people's Committee on the review of the design hierarchy works to suit the actual situation of the locality.
Article 19.
Norm, the unit cost for estimating and total.
When estimating and total of all construction works (works in partnership with foreign countries) must be grounded in norms, basic building unit price is the competent State agencies issued under the unified management of the Ministry of construction.
Article 20.
-The purchase of equipment, construction equipment, technology, materials and techniques with regard to investments of the State.
1. The purchase of domestic equipment as well as of the foreign owner take and follow state regulations.
2. Construction equipment, road construction and installation service as fixed assets in construction management organization; in the case of this type of equipment is imported under the entire device works then held up construction contractor, investor orders general orders and signed orders with foreign countries.
Article 21.
Land for building and using the building.
After the technical-economic justification of the works was managing investments and review plan prepared the building owner is responsible for the procedures for land and building permits.
The investor must be freed and handed to the ground construction contractor to do the work of construction preparation time specified in the contract.
Article 22.
Construction of infrastructure engineering.
Planned investment in construction of industrial concentration, industrial clusters, the settlements and the new economy, the Agency plans are based on the General plan to mobilize the capital construction before the infrastructure engineering works under construction and planning under the unified management of the State.
Article 23.
Delivery of bidding.
1. The construction is done through construction contracts between the investor with the construction organization have proper legal profession under the registration granted under the regulations of the State.
Before signing the contract owner construction are based on the basic plan and is responsible for preparing the conditions to hold a tender according to the rules of the State. The Organization of the tender or bid is made public, fair, proper and in accordance with the legal provisions of the State.
2. The basic constructions of the State is not yet prepared to qualify to tender the owner or management supervisor of the investor is responsible for unification with the Ministry (Department) management of specialized construction (that works) to select units and capacity building in the right profession.
3. for a number of national key projects to build large scale, complex, long construction time, the State appointed general contractor Organization (or main contractor) in the right profession.
Organization of the general contractor can subcontract or apply the tender form a category of works, or the type of the work depending on the specific conditions of each of the works. The case of some items in special professional investors can subcontract directly not through the general contractor.
Article 24.
Management works.
1. The owner is responsible for comprehensive and directly manage the implementation of the investment.
2. The investor might formed a Management Committee works to perform specific tasks in the preparation phase: building construction, preparing to operate. For business production, the Director of production and business establishments have to direct the Director of construction management.
Management can work in charge of many of the same investors built in a certain location.
The case of the small building, renovate, expand, interspersed with business production, does not establish the Management Board works.
3. The Management Board was established only works when the work was written to the construction plans of State or licensed and active end is at the latest 3 months after the process of going into production, use.
CHAPTER IV article 25 CONSTRUCTION.
Building works.
Only be conducting major works construction when did good preparation work for construction.
The most important requirements for building works is to put the work on the production, use, complete, timely mobilization under the General Schedule, ensuring the quality and lower the cost of construction.
Article 26.
Subcontract and mode construction contractor.
The construction is only done through the method of delivery of bids and contracting between owner and construction organizations. Depending on the specific conditions of the works that adopt one of the following Contracting mode: the mode of the main construction contractor;
The mode of construction contracting;
Bidding interface mode directly.
In the above contracting mode, the main construction contractor mode is primarily.
Article 27.
The main construction contractor mode.
1. The owner of the contract only subcontract with a main contractor organization on the whole construction works including the housing of workers. For those directly related works have been approved in private investment, the investor can sign contracts with organizations and specialized construction.
2. Depending on the ability and the fine points of the volume of building works, the main construction contractor organizations can sign contracts with subcontract organizations that get subcontracting. Song of the main construction contractor organizations must be responsible for the entire implementation of the contract signed with the contractor and the owner is entitled to a fee for the work of the main contractor.
Article 28.
The mode of the construction contractor.
1. mode of construction contractor only applied in the construction of the housing, civil works and works produced in small scale business, simple techniques.
2. The investor subcontract for a whole contracting organizations in the design, preparation of building and construction and can delegate to the general contractor to do some other work in the duty of the owner. General building contractor can subcontract design or re-design, assume the function of the main construction contractor and is entitled to a fee for the work of the general contractor. The owner is responsible for the design review, total quality control, testing and get delivery when complete works to put to use.
Article 29.
Bidding interface mode directly. The owner signed a subcontract with many institutions receive the same construction bidding a works. The owner is responsible for organizing the work of the construction contractor organizations.
This subcontract mode is applied only for the building works to which the investor deems no conditions apply two subcontract.
Article 30.
Shipping, receiving, storage equipment and technical materials of the basic construction of the State.

1. The owner is responsible for receiving, transporting, storage equipment, materials and techniques delivered straight to the construction contractor organization in a location agreed upon by the public market, the main construction contractor organisation responsible for warehouse construction, dump and unloaded , shipping when the items to the public school; along with the investor segment delivered the preservation.
If the owner does not handle the transport, storage equipment and supplies technically assigned to the primary contractor undertakes organization through the economic contract.
2. equipment, materials received from the junctions until installation is completed must be managed in accordance with the rules of preservation mode. If the loss or damage at the stage would it take to sew it to compensate.
Article 31.
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 have to be 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 organizations timely resolution of these issues arise in the construction process to ensure quality.
2. The construction organization responsible to the State and the owner of the technique, quality construction. Construction organizations with technical check and quality to make the management of the engineering and construction quality; in collaboration with the owner, organization design, organization monitoring the implementation of the test records test the quality of each work, each category and the whole works.
3. The Ministry of construction is the unifying function of State management of the quality of construction works, in cooperation with the construction industry to enact or hierarchy issued the regulations on the management of professional quality.
4. local building Department is responsible for managing the State of quality of construction works on the area; Guide and organize the implementation of the inspection, the State inspection on the quality of the construction works on the province, city or district.
Article 32.
Testing and delivery.
1. Acceptance trials and delivered between owner and construction organizations have to do from the beginning, immediately after finishing each stitch work primarily, each Department works and when completed each category of works, or the whole project.
2. The work experience, delivered by the Council on the basis of conducting trials. This Council consists of representative of the owner, the contractor organizations design, build, manufacture, State examiners at the base (if any) and by the owner. For some fine works of important State, Chairman of the Council of Ministers will decided to establish the Council of State's test and assigned to the Ministry of construction held acceptance trials.
The Ministry of construction is responsible for checking, solving handling problems that the Council accept the basis of recommendations or findings.
3. The records of construction works to pay the store according to the rules of the State's document archive.
Article 33.
Payment and settlement.
After testing, the Commission, the owner is responsible for the payment to the receiving organization bidding and settlement with owner of investment and funding agencies. The payment and settlement structures are specified in chapter V of the Charter.
Article 34.
The end of construction.
After you have finished building the whole project under the technical-economic justification was, reaching the technical-economic parameters and handed the whole project (including the main work items, accessories, including the green flower garden, housing premises hygiene of workers operate) then work the construction works as well as your menu new construction position is considered finished and it was inaugurated at the new.
Article 35.
Warranty.
From now all the contracting organizations, survey, design, supply of equipment, materials, construction must implement warranty against construction work according to the duration and content of the regulation by the State.
 
Chapter V Capital MANAGEMENT 36.
Investment capital.
Investment capital construction including: 1. Which State budget (including the Central and local budgets).
State budget capital formation from accumulation of capital depreciation, economic fundamentals and some other source of revenue for investment in basic construction.
2. The capital investment credit: credit by investing Capital, investment banking and management development include: the capital of the State; capital of the economic unit and the residential class; long-term loans of the financial institutions, the international credit and of the foreign national.
3. basic construction investment of business units, service in the economic component.
For the enterprises, which are formed from the profit (after tax to the State); basic depreciation to capital; money liquidated assets and other revenues prescribed by the State.
4. foreign loan: a loan by the Government according to Which ... agreements signed with foreign countries.
b. working capital due to the business unit direct loan service of the Organization, foreign individuals.
c. Capital Investment Bank and development lenders.
5. aid: Capital to capital is capital aid of Governments, institutions and foreign private sponsor form for not to perform basic constructions, which are recorded on the State budget to the management, use, according to the purpose, audience, and the regulation of State investment management.
6. the cooperation of Venture Capital: this is the Capital of the Organization, foreign individuals directly brought into Vietnam by foreign money or real property registration would be approved by Vietnam's Government to cooperate on the basis of the contract or the establishment of venture or 100% foreign-owned enterprise in accordance with the law on foreign investment in Vietnam.
7. the capital of the people with money, material or labour.
Article 37.
Using the sources of capital.
1. Capital investments for the production of key economies, the infrastructure works of important cultural and social careers, engineering works, important security defense and state management. When necessary the State can call the domestic and foreign capital to invest in what works on, except the work security defense and state management. 2. The capital investment credit refers to: a. the new construction, renovation, expansion, technical innovations and production technology business service effectively, have the ability to recover capital and eligible for loans under the rules of the Bank for investment and development.
b. the works in the State's key goals have long payback period was identified in the investment plan structure of the State shall be the first priority of investment credit loan with interest rate recommended. The State Bank of Vietnam the Council of Ministers on the appropriate rate of interest with this process.
3. accrued Enterprise Capital is used for investment in new construction, renovation, expansion, technical innovation and technology the manufacturing business, and service benefits for employees of the unit. The case is not enough, the enterprise capital enterprises mobilize other sources of capital in and out of the country and is responsible for effective use, repay the amount of capital which under the provisions of the State.

4. foreign loans of the business units of service by the unit itself, loan repayment and interest for the institutions, foreign individuals. The case of the institutions, foreign individuals asking the bank guarantee, the Bank loan project verification and acceptance of guarantee of the loan if the project to ensure that the conditions of repayment.
5. non-refundable aid on capital in the field of basic construction investment balance in the budget and put on the State's investment plan. With the specific objects to be direct aid, the aid organization was right to use that aid the purpose and with the Ministry of finance. The case of the aid response is only a part of works in which the owner can not afford additional self or do not have the ability to narrow the construction scale, the owner must the loan and is responsible for repayment of the loan itself. These works suggest the State capital support in the project must have the State before signing please help.
6. Which collaboration, joint ventures with foreign countries use according to the regulations of the law on foreign investment in Vietnam. The case of the economic unit of foreign venture capital contribution by the resources; the right to use land, water, sea, factory equipment and other buildings owned by the State, they must receive capital and be responsible for repayment to the State under the provisions of the Ministry of finance.
7. the contribution of the people with money, material or labour mainly use in the works or field brings direct practical benefits for ourselves who contribute capital (such as irrigation, infield, rural transportation, public works).
8. An investment can use many different sources of capital, as defined in article 6 of this regulation.
9. The Agency and the level of financial planning are responsible for checking the use of capital.
Article 38.
Planned investment in construction.
1. plan the basic construction investment of 5 years and the annual national economy reflects the entire operation of the basic construction investment from all sources of funds for basic construction investment of the economic component.
2. All works the basic construction investment from all sources of local departments must plan (for organizations) or to register (for the State Organization) with the State Management Agency supervisor under current management hierarchy.
The content, sequence and method of reporting plan or sign the basic construction investment by the State Planning Commission.
3. The works have yet to be established according to the estimation of construction drawings of the mass execution in years, not put investment plans construction every year.
The technical-economic justification has been browsing on two years yet to begin construction must browse again the technical-economic justification.
The works had built many years but does not guarantee the deadline under the hard technical economic treatise was then all must review and the owner must reduce the remaining volumes have not really necessary and the Agency has considered the economic justification techniques which must review before put into planning and investment construction.
4. The Ministry, the local implementation of State management functions, instructions and general plan of basic construction investment of the economic units to match the orientation of the State planning objectives, ensure balanced implementation conditions and capabilities, at the same time send to the State Planning Commission The Ministry of finance, the Bank of investment and development to synthesis and general balance.
5. In the plan of basic construction investment of the entire national economy, the State Planning Committee of the Ministry of finance and the State Bank of the Council of Ministers decides: a. Total capital level and capital structure in State budget, new capacity were accompanied by category and invested important works.
b. list of investments by the State budget.
c. the total capital investment credit levels, which specify the structure and principal works category.
d. balance of materials, devices, mainly for construction needs of the entire national economy.
Article 39.
Construction bid management.
1. State construction management through issuing the guidelines, the method of determining the price, the technical-economic norms and other elements constituting the price; on that basis determine and promulgate the basic building unit price, the standard price for a unit area or per unit of power use. In each period the only targets are reviewed again to adjust to suit the actual situation.
2. Owner and building contractor organizations are based on the rules above for determining the price and the contract for each category of works specifically on the basis of estimation.
Article 40.
The level of capital and payments.
1. Every year the Ministry of finance to transfer basic construction investment capital for investment and Development Bank under the State plan. Bank for investment and development is responsible for funding, loans and payment of capital construction investment as planned were to browse and manage the use of resources under the regime, the policy of the State. At the same time make periodic reports and the use of resources with the Ministry of finance.
2. The funding, loans and capital payments are made according to the volume and scope in total. If the work performed in excess of 5% of the total approved, then the owner must explain and be the agency review of the technical-economic justification to approve in writing the new capital.
The funding for these works has not yet set a total estimate that construction will have separate rules but must ensure the rule does not pass which had been browsing in the technical-economic justification.
3. building mass payment made between owner and contractor organizations was conducted according to the method of bidding or subcontract.
a. procurement organization works to be paid according to the State's bidding rules.
b. The implementation works tender delivery methods are paid according to the value of the volume of construction done during the month.
4. As to the time of payment stated in the economic contracts, if the investor does not have the capital to pay for the contracting party funds by bank loan interest for the payment delay value. If the payment is delayed by the Bank, then the Bank must pay this amount of money.
5. In the process of payment must closely examine the volume of construction has made. The volume of the outer construction design approved estimation must be Board approved assessment (according to hierarchy) approved new paid.
6. Expand and encourage forms of package (no price changes during the implementation process) items or parts of works.
7. The owner to contractor organization survey, designed not to exceed 30% of the value survey, designed according to the signed contract.
The payment of rent survey, design work is done in accordance with the provisions of the State records and documents, survey design.
After having received the application, your survey iệu, designs the owner have to pay 95% of the rent survey, design works for the contractor organization survey, design. The remaining 5% of the amount will be paid when the contractor organization survey, design has to fulfill its obligations stated in the economic contract signed.
Article 41.
Capital investment.

1. All investments in the public sector at the end of the building owner to capital investment made with the owner of investment, financial institutions and the Bank for investment and development of estimation. Termination of real status, actual a. investments by many sources of capital to individual settlement funding according to the vouchers, invoices.
b. the settlement construction to put into operation at the time the investment was made through the years to rules about using the current domestic prices at that time are collated with the international price of the era to make a base valuation of fixed assets. The Ministry of construction is responsible for prescribing the method convert price to do the base price of the work when put into use.
c. the owner must invest capital investment review by owner and is consistent with the financial authorities determine the value of fixed assets and the use of new production capacity increased.
At the latest 6 months after the completion of the transfer put the whole project into use, the owner must complete the report of capital construction. For the project management of private buildings (such as article 24) then the slow settlement period is 3 months.
The Minister of finance is responsible for examining and resolving the various comments in the review of investment capital and define fixed properties of the works in the Ministry, local.
Article 42.
Capital repayment responsibilities.
1. Recovery of capital investment is required with all principles of works likely to seize the capital.
2. for the State loans to foreign investment, the investor is responsible for repayment. The case has not yet charged or have not paid off the debt-to-loan investors must fulfill its repayment obligations.
3. With respect to the Bank loans to invest in the repayment period the owner used the entire capital depreciation, a part of the profits and capital of other legal sources (if any) to pay the debt.
4. for the foreign loans. If the direct owner of the loan, the owner is responsible for paying the loan contract and are calculated by the resources.
 
CHAPTER VI HANDLING VIOLATION and Article 43 PAYOFF.
Handle violation with the owner.
1. If the owner is not the correct implementation of State regulations on the management of basic construction investment stipulated in the Charter of damage, depending on the nature and extent of the violation, the owner shall be responsible for the material or prosecuted under the law.
2. When the investor does not fulfill its obligations stated in the contract with the contractor organization shall pay to the owner the contractor organization fines violate the contract and in case of damages to compensation under the provisions of the Ordinance on economic contracts.
Article 44.
Handling breaches the Council verifies the technical-economic justification and evaluation design, total (referred to as the authority).
The authority responsible to the level approved by the investment agency of the level of accuracy of the documents, data and conclusions in the report the results of its assessment. The case Agency has the authority to wrong investment decisions (crashes, wasted, or no economic, social ...) because the materials, data and conclusions of the Council on the evaluation of the level of inaccuracies, the Authority dealt, administratively and may save the criminal liability. If the authority the wrong investment decisions not because you sign cause investment decisions is responsible before the law on approving it.
Article 45.
Handle violation with respect to Contracting Organization survey, design, construction and installation. 1. If the survey organization, the design does not guarantee the quality of the survey, designed according to the requirements of the technical-economic justification or survey record, asynchronous design, complete (including the case must adjust, additional design during construction) depending on the level of heavy light, which bear the penalty. Specific penalties because the two sides agreed in the contract the economy, but no more than 10% of the total design.
2. Violations of the technical survey, designed to cause serious decline should do quality works, causing the crash dump works (including the case after putting the work into production, use) then the survey organization, design and projects compensation and indicted before the law.
3. If the organization is not properly completed construction of the prescribed schedule, does not guarantee the quality by design or extend the time of construction works shall be subject to offset any loss due to repairs and incur a penalty. Penalties are specified in the contract the economy, but not to exceed 1% of the total value of construction and installation works.
4. major technical violations due to the construction of cause ruin, crash dump works (including the case after putting the work into production, use) then get bidding organization must compensate the damages and indicted before the law.
Article 46.
Awarded for the construction contractor organizations.
From now on, the rewards for the organizations receive bidding works only be considered when there is enough of the following conditions: 1. for works directly in business capital budget if the competent State agencies have requested shortening the duration of construction compared to the total progress and implementation are putting the work into use ahead of time then are reward. Bonus source was quoted in the value added products or profits are due to the shortening of the duration of construction. Reward conditions and bonus levels for the works in which the budget due to the economic justification browsing dét level technical decision. For the other funds in the works due to the owners of capital decisions.
2. for cultural, social work if the owner meets the bonus resources legally at any rate the deal, agreed with the building contractor organizations about the reward, reward level indicators are specified in the contract.
Article 47.
Rewards, punishments for individuals.
For those individuals in the economic organization, supply construction supplies and equipment, building materials, transportation, agency owner and the managing authority concerned, if done well, is rewarding, if because of the lack of responsibility causing violations are subject to severe errors light, and the extent of damage to sanction. The form of rewards and punishments are as follows: 1. Reward: bonus or artifacts, lift the wage level, promoted.
2. Sanctions: enforcement of administrative discipline, lower tier wages, getting material compensation, prosecution under the law.
 
CHAPTER VII ENFORCEMENT PROVISIONS Article 48.
A Charter for a Charter of basic construction management has attached to the Decree 232-CP on 6 June 1981 of the Council of Government and decision No. 80-dated 9 May 1988 of the Council of Ministers. The other provisions contrary to this Charter are repealed.
Article 49.
The Secretary of the Ministry, the Chairman of the State Committee, the heads of other bodies in the Council of Ministers, the President of the people's committees of provinces and cities and centrally responsible for full implementation of this Charter.
Construction Minister comrades along the heads of The relevant departments, the study process of the Council of Ministers issued the next text a Charter and is responsible for guiding, monitoring the implementation check.
Article 50.

This Charter is effective from the date issued and applied uniformly for all economic sectors in the country./.