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Decision 50/2002/qd-Bcn: Issuance Of Regulations On Management Of Construction Projects For Independent Power

Original Language Title: Quyết định 50/2002/QĐ-BCN: Về việc ban hành quy định về quản lý đầu tư xây dựng các dự án điện độc lập

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The decision on issuing the provisions on the management of investment in building independent power projects _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MINISTER of INDUSTRY pursuant to Decree No. 74/CP DATED November 1, 1995 by the Government on the functions, duties, powers and organization of the Ministry of industry;
Pursuant to Decree No. 51/1999/ND-CP of July 8, 1999 issued the regulation on investment management and building and Conference điịnh of 12/2000/ND-CP dated 11 May 2000 the Government's amendments and supplements to some articles of Decree No. 51/1999/ND-CP;
Pursuant to Decree No. 62/1998/ND-CP on August 15, 1998 the Government issued regulation on investment under construction contract-business-transfer (BOT); Construction contract-transfer-business (BTO) and build-transfer (BT) to apply for foreign investment in Vietnam; Decree No. 11/1999/ND-CP dated 27 January 1999 of the Government revising, supplementing a number of articles of Decree No. 62/1998/ND-CP on August 15, 1998 of the Government;
Pursuant to Decree No. 77/CP of the Government on 18 June 1997 issued regulations of construction investment in the form of build-transfer (BOT);
Pursuant to Decree No. 45/2001/ND-CP dated 10 August 2001 of the Government on the operations of electricity and electricity use;
To strengthen State management for independent power projects;
According to the proposal of the Director General, planning and investment, and the Director of Legal Affairs.
Article 1 DECISION. Attached to this decision the provisions on the management of construction projects for independent power.
Article 2. This decision takes effect 15 days from the date of signing.
The people's committees of provinces and cities under central, Chairman of the Board, General Director of electricity of Vietnam Corporation, heads of agencies, units and individuals concerned is responsible for the implementation of this decision.

 



Hoang Trung Hai (signed) PROVISIONS on CONSTRUCTION INVESTMENT MANAGEMENT for INDEPENDENT POWER PROJECTS (attached to decision No 50/2002/QD-BCN dated 25 November 2002 of the Minister of industry) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chapter 1: GENERAL PROVISIONS article 1.
1. independent power project is the project that the owner is the individual organizations in the country and foreign investment to build power distribution grid, to exploit and sell electricity to Vietnam electricity Corporation or other customers.
2. independent power projects are investing through the business-building form-transfer (BOT), build-transfer-business (BTO), build-transfer (BT); Build-own-business (BOO) or in other forms prescribed by the law.
3. the competent State bodies for the independent power project in this provision is interpreted as follows: a) Prime for A group of projects under the Charter investment management and construction;
b) Ministry of industry project for the Group B or group A under the authorization of the Prime Minister.
c provincial people's Committee), central cities (hereafter referred to as the Department) for the project group c. Article 2.
1. This regulation applies to organizations, individuals and foreign investment in building independent power project.
2. The project due to the Vietnam electricity Corporation is the owner (no JV) not subject to this regulation.
Article 3.
1. Based on the strategy of economic and social development, Vietnam power sector development strategies; Development of national power and the power development plan each period, the industry Ministry announced portfolio of power projects Group A and Group B, the provincial people's Committee of the published directory of your project group C to call real models of independent power projects.
2. The owner of the independent power project after the completion of the procedures provided for in articles 4, 5 and 6 of this regulation and are competent State agencies that allow new conducted preparation of investment.
Chapter 2: REGISTER to JOIN the PROJECT INVESTMENT article 4.
1. organizations and individuals registered to participate in the independent power project investment to the authorized State agency approvals involved investment projects.
2. content of records includes the following documents: a) The text of recommendation of the owner;
b) basic information about the owner: The documentation for legal, business registration, organization chart, key personnel, about the capacity of project implementation experience, financial capacity, technique, in which the need to enumerate the list of projects has made (including industrial projects and power projects) within five years and report payment/audit of the business within three years.
c) preliminary information on the project registration: venue construction; the goal of the project; the main parameters of scale, capacity, capital, time of operation, power consumption of customers; the content related to the industry and local planning.
d) expected capital mobilization to implement the project.
c) projected progress of the project, the method of investment management organization, operating, sales and delivery of the project (if any).
3. within thirty days for A team project, twenty days for the Group B project and ten days for the project group C from the date of receiving a valid profile, The industry or the people's committees will answer in writing on the profile registration process.
Chapter 3: the CHOICE of the OWNER article 5.
1. To ensure the effectiveness and sustainability of the project, the choice of the owner performs independent power projects to be conducted through bidding.
2. On the basis of a category called for independent power projects and sign up to join the Organization's investment, domestic and foreign individual, State authorities have the authority to hold a tender for the selection of investors and project developers decide form of investment projects.
3. for special cases such as small scale projects and on average; the project with the goal of providing electricity to the remote areas, the region particularly hard; project has only one investor to subscribe or have other special reasons, the Ministry of industry to consider the project owner specified B group or petition the Prime Minister to specify the owner of the project group A; The people's Committee of the project owner specified group c. Article 6.
1. where the tender to choose investors: a) The industry announced the bid and tender of project group A and Group B;
b provincial people's Committee) announced bidding and tender of project team C. 2. The sequence and procedures for tenders, selected follow the bidding rules attached to Decree No. 88/1999/ND-CP dated 11 September 1999 by the Government and the other legal texts concerned.
Chapter 4: PREPARATION of the PROJECT article 7.
1. once the investor is the State Agency has the authority to choose, decide investment method and allows for the preparation of investment, the investor investment preparation and deployment to profile the project.
2. The content of the projects implemented under the current rules on the management of investment and construction.
Chapter 5: PROJECT APPROVAL article 8.

1. Scale, project classification (according to the Group A/B/C) and the authority to approve the independent power project made under the provisions of bylaw investment management and building attached to Decree No. 51/1999/ND-CP of July 8, 1999 (resolution 52/CP) and Decree No. 12/2000/ND-CP dated May 5, 2000 (Decree No. 12/CP) Government; The investment rules under the construction contract-business-transfer (BOT); Construction contract-transfer-business (BTO) and build-transfer (BT) to apply for foreign investment in Vietnam attached to Decree No. 62/1998/ND-CP on August 15, 1998 of the Government (Decree 60/CP) and regulation construction in the form of build-transfer (BOT) in water attached to Decree No. 77/CP dated 18 in June 1997 the Government (Decree 79/CP).
2. Investment decisions a project approval authority): according to the current rules on the management of construction:-the expansion of Government Capital investment decisions in A group project.-for the projects in the Group B, the owner of the industrial Ministry records as defined in article 7 of this regulation to The industry for investment decisions investment projects under the provisions of Decree 60/CP and the Decree 77/CP or the opinion deals to approval authority for other projects are invested according to the provisions of the Decree 52/CP and the Decree 12/CP. within thirty days of receipt of a valid application The industry Ministry, answered in writing about the project.
-The project of Group C by the provincial people's Committee or the Board of the State Corporation for approval. If the project is not in the power development plan has been approved to have the agreement of the Ministry of industry.
Within fifteen days of receipt of a valid application, the Ministry of industry of the opinion in writing on the request of the owner.
b) approval authority, the technical design Of the estimation.
-The owner Ministry of industry approved engineering designs, the total estimation project in group a.-for the projects in the Group B, the owner Ministry of industry approved engineering designs, total investment projects according to the provisions of Decree 60/CP and the Decree 77/CP or the opinion deals for other projects.
Within a period of forty-five days for A team project and thirty days in the project group B since the date of the valid profile, The industry organization for approval or comments about the technical design agreement, the total estimation project.
-The project of Group C by the provincial people's Committee or the Board of the State Corporation for approval on the basis of the agreement of the Ministry of industry of the main technical solutions, standards and norms.
The industry responded in writing to the owner within twenty days from the date of receipt of a valid application.
Chapter 6: the PROJECT for article 9.
1. Once approved, the project owner submitted a complete project profile of The industry to follow. On the basis of records of the project has been approved, the investor of the construction implementation, and put the project into operation under the rules.
2. in the deployment process, the owner needs to have appropriate measures to ensure the progress of the project as agreed, responsibility for safe construction organization and works to ensure the quality of the project.
3. Quarterly, the investor must often have reports of competent State agencies about the situation of the project.
Article 10.
1. After a year for the group projects A, B and six months for the Group C project since the project was allowed to prepare investment, if the investor does not complete the feasibility study report, feasibility study reports, without the agreement, the competent State agencies will out ending the project to call other investor development project.
2. After a year since the technical design of the project was approved, if the owner cannot progress without the agreement of the competent authorities, the Ministry of industry can terminate the project documents or petitioning the Prime Minister out ending the project in order to call the owner to another project.
3. Before putting the project into action, investors registered licensed electricity operation under the provisions of Decree No. 45/2001/ND-CP dated 10 August 2001 of the Government on the operations of electricity and electrical use and guidance documents of the Ministry of industry.
Article 11.
The responsibility of the Ministry of industry and the provincial people's Committee: 1. Monitor the implementation of the project by the owner.
2. Consider, resolve according to the authority of the owner's recommendations on matters related to the implementation of the project.
3. test, inspection under the provisions of the legal documents.
Chapter 7: terms of the IMPLEMENTATION of article 12.
1. This provision was applied for in the country.
2. During the implementation process, if there are problems, the owner reports of the Ministry of industry to study, modify.