Decision 14/2006/qd-Byt: Released The Process Management Of Investment Projects In Construction Of Health Using The State Budget

Original Language Title: Quyết định 14/2006/QĐ-BYT: Ban hành Quy trình quản lý các dự án đầu tư xây dựng công trình y tế sử dụng ngân sách nhà nước

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The DECISION of the MINISTER of Health issued the management procedures of the investment project of construction of health using the State budget the MINISTER of health pursuant to Decree No. 49/2003/ND-CP on 15/5/2003 of government functions, tasks, powers and organizational structure of the Ministry of health;
Pursuant to Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works;
Pursuant to Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction;
Pursuant to circular No. 08/2004/TT-BXD dated 6/5/2005 of the Ministry of construction guide some content about the creation, appraisal, approval of investment projects in construction and handle forward the implementation of Decree No. 16/2005/ND-CP on 07/02/2005 of the Government;
At the suggestion of Mr. Director General equipment-medical works, Director of planning and finance, Director of Legal Affairs, Ministry of health.
Decision: article 1. Attached to this decision: "the process of managing investment projects construction of health using the State budget".
Article 2. The investor of the project construction of health using the State budget are responsible for the correct execution of process management of project construction and the provisions of the law on the management of construction works.
Article 3. This decision takes effect 15 days from the date The report. Annuls decision No 528/QD-BYT on 05/6/2002 of the Minister of health on issuing investment management process and build the project using the budget focus construction management under the authority of the Ministry of health.
Article 4. He (she) Chief, Director, Bureau Chief, Chief Inspector, Ministry of health, the institutions in article 2 and the related individual is responsible for the implementation of this decision.
The PROCESS management of investment projects in construction of health using the State budget (attached to decision No. 14/2006/QD-BYT on the 24 March 2006 of the Minister of health) processes to manage the projects of construction of health using the State budget is built on the basis of the function the Mission of the Ministry of health, the provisions of Decree No. 49/2003/ND-CP on 15/5/2003 by Government, intended to guide the investor directly under the Ministry of health and the owner directly under the ministries, local investment projects medical construction done right the State's regulations on the management of construction works attached to Conference No. 16/2005/ND-CP on 07/02/2005 of the Government (Decree No. 16/2005/ND-CP) and other legal texts. This process guides from the planning of construction works, preparation of investment project preparation, project implementation, put to use console to warranty, maintenance of construction works.
"The State budget," says on the cover: XDCB investment focus, career capital construction investment properties, which the Government granted foreign loans for the medical industry, basic depreciation of capital the business units have produced business.
I. CONDITIONS to ESTABLISH INVESTMENT PROJECTS: 1. The planning departments, major: To have the facility up and construction investment plan every year, long term plan, subjects, areas, localities must have a development plan to the year 2010 and vision 2020 is the competent State agencies for approval.
2. the overall development planning of each unit to 2010 and vision 2020: the head of the unit responsible for planning organization development to 2010 and vision 2020 for units, base themselves on the local orientation of development planning, local branches, health care strategies and protect people's health has been the Prime Minister for approval. Development plan is shown by the development of specialized orientation particularity, the focus of activity units, local. Overall development planning is to establish conditions, evaluation and approval of investment projects of each unit, local.
II. PREPARATION of investment: 1. Please allow preparation of investment: the heads of the units send the Health Ministry for the project by the Health Minister decided to invest and investment decisions with other projects to be prepared to invest on the basis of document development plan has been reviewed and the report reviews the current state of the base the infrastructure-technical equipment of the unit.
2. Owner: owner building is the owner or is the person assigned to manage and use the capital to invest in the construction works. Project by the Ministry of health decided to invest the investor are the heads of the subsidiaries are investment, other cases due to the investment decision indicated before the project construction works conform with provisions of the budget Law.
3. the establishment of investment projects: 3.1. For the project by the Health Minister decided to invest: 3.1.1. The owner is allowed to specify the bid Agency construction have enough legal and professional skills to plan investments, investment projects, technical-economic report, the Authority decided to invest. The construction project level I and level-in particular the investor must organize examination architecture projects under current rules. The project used the cost of advice from foreign capital investors to comply with specific provisions of the sponsoring organization.
3.1.2. investment report content, investment projects in accordance with the provisions article 4 ears, the content of technical-economic report in accordance with article 12-ND 16/2005/ND-CP. 3.1.3. The investment scale is consistent with the health system planning and development planning unit is the approval authority.
3.1.4. The basic design conform to a standard designed by the Minister of health.
3.1.5. The basic design to be the Ministry of construction (with A team), the local building Department (for Group B, C) appraisal before the browser project.
3.1.6. The owner must propose the form of project management in investment project content. The Ministry of health will decide this when approving projects.
3.2. for the construction project by the Chairman of the Medical Commission of the people's investment decisions: 3.2.1. The investment scale is consistent with the health system planning and development planning unit is the approval authority.
3.2.2. design basis in accordance with the design standards of medical work by the Minister of health and the Ministry of Health issued an agreement in writing.
3.2.3. The basic design to be the Ministry of construction (with A team), the local building Department (for Group B, C) appraisal before the browser project.
3.2.4. list of medical equipment (if any) must follow the specific rules of the Ministry of health.
3.2.5. The owner must propose the form of project management in investment project content. The people's committees of the province (level of investment decision) will decide this when approving projects.
3.3. About hiring foreign consulting: project management is contracted to hire individuals, organized foreign consultants have the experience, the ability to coordinate with the project management committee to manage the work of building a new technology application that consultants are not yet capable of performing or have other special requirements. Hiring foreign consultants for the project using the State budget must be the person who has the authority to allow investment decisions. The owner must send an application for permission to hire foreign consultants with the following: 3.3.1. The need to hire foreign consultants;
3.3.2. The goal of hiring foreign consultants;
3.3.3. The workload need to hire foreign consultants;
3.3.4. The method choice of foreign consultancy organization;

3.3.5. Expected foreign consultancy organization will rent (if any), the record of their capacity;
3.3.6. The value, the total value of the work need to hire foreign consultants;
3.3.7. capital to pay for foreign consultancy organization;
3.3.8. oversee plans to hire foreign consultants.
4. Assessment, appraisal and approval of investment projects: the owner is responsible for applying the project construction investment to investment decision to grant approval.
Investment projects of building works include: (a) project approval process Sheet according to the model in annex 2 attached to Decree No. 16/2005/ND-CP; (b) the project consists of the presentation and the design basis (according to the provisions of article 6 and article 7 of Decree No. 16/2005/ND-CP); Writing the evaluation of related agencies; (c) the text allows the investment of authority for national important project, the project group a. 4.1. For the project by the Health Minister decided to invest: 4.1.1. Verify: investors sent 10 Ministry project has been through the Council of the facility by the owner of the Ministry of health to organize assessment at the level of Service in each field of specialization: (1) construction investment; (2) list-configuration-estimation of medical equipment (if any).
4.1.2. Evaluation of project investment: project investment and construction was complete after through questioning at the level of Service will be the permanent bodies on management of investment construction Department of health submitted to the Advisory Council on the management of investment projects in the construction Ministry of health to organize due diligence.
4.1.3. The content assessment, evaluation of investment projects in construction of health is made according to article 10, Decree No. 16/2005/ND-CP. 4.1.4. Approved investment projects: the Minister of health will consider approving investment projects when the browser profile has been completed the assessment step, the evaluation noted above.
4.1.5. investment decisions: authorizations for the construction of small repair business expense total investment from 300 million under the Minister of health authorize the owner held up design-estimation and evaluation organization, approval.
4.2. for the construction project by the Chairman of the Medical Commission of the people's investment decisions: the hospital has a scale from 200 or more beds, other medical works in the program, project, project to be delivered to the Government Health Ministry or agency is chaired usually take before the competent State agencies for approval are must submit to the Ministry of health to organize assessment of conformity with the planning system for health, consistent with the regulations of the hospital, divide engineering and technological lines of work. Other works made in accordance with the level of investment decisions and the current rules.
5. Adjust the project construction investment: 5.1. The project construction investment was decided only when there is an adjustment in the following circumstances: 5.1.1. Appears the unforeseen factors due to a natural disaster such as an earthquake, hurricane, flood, floods, tornados, tsunamis, landslides, war or danger of war;
5.1.2. Due to abnormal fluctuation of raw material prices, due to the change in the exchange rate for the foreign currency or use of capital by the State issued the new policy regime, the regulations are changed using the price of construction works;
5.1.3. Due to decide investment or owner changes when new elements appear effective socio-economic higher for the project;
5.1.4. When planning the building was changed to have a direct influence on the project.
5.2. adjustment of project hierarchy: When adjusting the project does not change the scale, investment objectives and not exceeding the total investment has been approved, the owner is allowed to manually adjust the project. The case project adjustment alters the basic design on architecture, urban planning, scale, the goal or exceed initial investment total investment has been approved, the owner must submit the review investment decisions, decisions. The content of the change must be the authorized appraisal.
III. INVESTMENT PLAN CONSTRUCTION: 1. investment orientation development: on the basis of the planning and strategy for industry development, investment in development must be built according to annual and 5 year plan of the Ministry of health for the project by the Minister of health and investment decisions under the direction of people who decided to invest in other projects.
2. Planning of construction works: every year, on July 30, the day before, the owner must report the first six months of the year, the projected annual plan, pursuant to schedule the project specified in the investment decision to subscribe "investment plans to build" the following year.
3. conditions to record the investment plan and the annual construction: construction and investment projects recorded annual plans only when the following conditions: 3.1. New projects: the project group A must have investment decisions are approved by the authority before 31 October and decided to approve the design, engineering, construction-estimation categories starting in the following year, granted the approval authority before 31 December of the previous year.
In the project groups B, C must be decided before October 31 and decided to approve the technical design-total before 31 December of the previous year.
3.2. Project forward: for A group project has made more than 30% of total investment: To decide to approve the technical design-total before 31 December of the previous year.
For Group B, C project must be located within the project according to the current rules.
IV. PREPARATION of the PROJECT: 1. The organisation of project management: 1.1. For the project by the Health Minister decided to invest: investor base project management forms specified in the decision of approval for investment projects: 1.1.1. Established project management: selection and the Minister of health Appoints Director of project management officer has enough capacity in accordance with Article 55, no. 16/2005/ND-CP. 1.1.2. In the case of incompetent management of the project, the investor must select consulting project management according to the provisions of article 56, no. 16/2005/ND-CP through a tender in the form of advice under the current regulations, the Minister of health for approval.
1.1.3. duties and powers of the investor and project management in the event of the owner's project management board made under article 36, no. 16/2005/ND-CP 1.1.4. In the case of project management consulting rental owner must have helped the Division to supervise the work of MANAGING PROJECTS consultant organization to timely solve tasks arising during the execution of the project.
1.2. With respect to the project by the Chairman of the provincial people's Committee decided to invest: the Department of health was given the management of the local medical works as follows: 1.2.1. Invested in the projects in the program, project, project of Government Affairs for the Ministry of health hosted or is a permanent body;
1.2.2. Invested or participated in due diligence, investment monitoring construction projects for other local health in accordance with the level of investment decisions.
2. Select set up consulting technical design – total investor base the decision of investment project approval authority, hold a tender to select consultant agency to build have full legal personality, capable of establishing technical design expertise-total according to current rules.
3. Establishment, evaluation and approval of engineering design-total:

3.1. technical design-total must be established consistent with the basic design has been accompanied by investment projects; technical design content-total must in accordance with the current provisions of the building management estimation, the quality of construction works.
3.2. technical design-total must be verified by an organization with legal personality and full capacity. Investor self assessment technical design-total cases, investors do not qualify the capacity evaluation then allowed individual organizations hire consultants are qualified to assess capacity. Depending on the requirements of the investor, the evaluation of technical design-total could make to the whole or part of the content of the technical design profile-total works.
3.3. The Ministry of health assigned to the investor-engineering design approval Of estimation works under the project by the Ministry of health decided to invest after having approved the basic design in accordance with the provisions of the law.
4. the price management, estimation: application reviews to estimate is the unified area unit price and the written notice of the material price, materials, the equipment due to the price of the authority issued under local government hierarchy. In the case of design-the estimation of work, materials, material not included in the aforementioned document, the owner of the same advisory body designed to please browse the temporary price in writing at the Agency of local price management or economic Institution building of the Ministry of construction.
5. Use "design standards" health: the Ministry of health has issued "design standards" medical works. The Organization building it, the owner, the Department of health, the local building Department to use "design standards" in order to make the base for the preparation of investment project appraisal, construction of health.
In the process of using design criteria, if discovered any problems the institutions on the need to reflect on the Health Ministry to research, timely correction.
6. construction permits: 6.1. Before the construction works, the owner must have a building permit, except in the case of building works to repair, renovate, equipment installation inside does not change the architecture, bearing and structural safety of the buildings;
6.2. licensing conditions in the construction of the town follow the provisions of article 65 of the law building. The rights and obligations of applicants licensed building made according to the provisions of article 68 of the law on construction and building specific guidelines.
7. The work to liquidate the property: planning project owner must conduct quality control for the categories of works in an clearance, do the work to liquidate the assets to serve the clearance and compensation. The liquidation of public property must be made in accordance with the provisions of the law. The projects need dismantling to the clearance must be specified in the investment decision.
V. MANAGEMENT of PROJECT IMPLEMENTATION: 1. contractor selection work in building activity: 1.1. The owner is planning to tender, tender, tender, tender review process, The opening bid (or authority);
1.2. The bidding data such as: the profile of design works, device configuration, the estimation (package price), the standard of review the tender, the tender conditions, the tender form, the duration of each package must be of the Ministry of health (or authority) approved along with the approval of the plan.
1.3. The selection of the contractor was done in true "section 3: SELECTION of CONTRACTORS in CONSTRUCTION ACTIVITY" in the Decree No. 16/2005/ND-CP dated. 2. The term made in the tender years: 2.1. Bidding the construction bid packages are recorded in the plan must be approved and implemented before 31 July each year;
2.2. Plans to tender the package stores the equipment must be approved and implemented prior to the date of 30 September every year;
2.3. procurement plan with additional capital must be approved and implemented no more than 30 days from the date the investor receives notice of additional capital.
3. Signing and implementation of the contract: the investor base bidding results to: (1) the contract under model contracts issued in the content bid and the rules stated in the decision to appoint the bid or decide to approve the tender result; (2) the commencement; (3) monitoring the implementation of contracts of construction, installation, operation and equipment test acceptance Organization put to use.
4. Supervision: project management, established by the owner or rent must have sufficient technical staff about architecture, construction, air, water and electricity by public works projects, to oversee construction. Technical surveillance officers, organization consultant, contractor and the owner must bear the full responsibility before the law about the errors (if any) in the process of construction.
5. Handle the work arising in the process of construction: any, design changes (if any) in the course of the project should be made by "the minutes" between contractors, design consultants and organizations. The additional volume, making design modifications beyond the total settlement is only allowed when the Health Ministry (either granted investment decision) approval. All design changes due to incomplete surveys held design consultants are responsible for additions, modifications that were not paid this fee design section.
6. The work of disbursements: in the process of implementation of the investment, the investor must make the disbursements in the stitching of the advance payment, the volume of the finished construction, other costs under the contract concluded in accordance with the applicable regulations of the State, not the would-be mass payment and not to the debt buildup during which was granted.
7. the complete profile: all the projects are completed, investment construction before the total technical trials must have complete records. Complete the profile by the contractor, on the basis of the updated design profile of the additional modifications during construction works in the log record. Drawings of the complete record must be clear, there is a full presentation of the changes compared with the profile design to serve the mass settlement construction. Complete the profile needs to be delivered in full to the property management Department of the unit to track the events during use as well as creating favorable conditions for the maintenance and repair works later.
8. Trials, the total experience: supervision process owner the same contractors, technical monitoring officer or organization supervising and consulting organization designed to establish fully the minutes of trials, the material quality certificate, in accordance with the structure of the current rules. Before dismantling the old works in the clearance and when the partly, the owner must record the image status. After the completion of each item of works to the Organization of the technical test, this test batch in order to review the entire text documents, certificates, additional, modified the design of the construction process, check the accuracy of your complete profile. When the Organization of trials need invite enough component and have "the minutes Of trials" in accordance with the provisions on quality control of construction works of the Ministry of construction.
9. Handed to put to use:

Public works projects, after being completed, the conclusion stated in the minutes Of trials "are allowed to put into use" will be handed over to the Organization of the Administration use. While the transfer must have the complete with full presentation guidelines, technology transfer (if any), note to the technical infrastructure of the system, special attention to the points easy incident, damaged during use.
10. The work of settlement: 10.1 annual investment capital: the slowest yearly after 7 days from the end of the quarter, 15 days of the end of the plan year, the investor base on bookkeeping to reporting the implementation of capital investment, quarterly financial reports and the five sent to the Ministry of health (level of investment decisions) and payment agencies capital allocation as defined in decision No. 214/2000/QD-BTC dated 28/12/2000; Circular No. 44/2003/TT-BTC and circular 53/2005/TT-BTC dated 3/6/2005 of the Ministry of finance.
Periodically, on 10 July each year and Feb. 15 years later the unit owner is responsible for reporting the situation of investment capital of 6 months and a year under the provisions of the Ministry of health (or level of investment decisions). Based on the financial statements of the agency owner, grant decided to invest will conduct accounting checks at least once a year before the settlement approval of capital projects completed.
10.2. capital settlement finished: for ongoing projects, after each completed items (including items in project management fees and other costs such as: project costs, survey, design, clearance compensation ...; The cost of the equipment; construction costs...) before sending the Treasury for payment to the contractor at the end of each phase, items need to profile according to the regulations of the Ministry of health (or level of investment decisions) to verify, approve.
For project completion: Late for after 12 months (for A group project); 9 months (for the Group B project), 6 months (for Group C project) the unit owner has the responsibility to prepare and submit resumes settlement project completed approval as specified in circular No. 45/TT-BTC dated 15 May 2003 of the Ministry of finance submitted to the Ministry of health (or level of investment decisions) to verify approval.
10.3. Audit, investigation, evaluation of settlement: settlement records to be audited by an audit organization has sufficient legal personality, has the power to match the scale and must be consulted about the settlement by the Minister of health (or investment decision level-if yes) established verified each settlement projects.
Settlement profile must be assessed by the Council on the management of project construction investment by the Minister of health (or level of investment decisions).
Time limit for assessment, evaluation of settlement profile at the Agency Ministry of health: for A group of projects is 12 months, the project group B's 3rd project, Group C is 12 months from the date the owner filed the settlement profile Nest enough advice on payment by the Minister of health.
VI. Warranty, MAINTENANCE of CONSTRUCTION WORKS: 1. Warranty: the warranty is the responsibility of the contractor, responsible for the warranty work done under the provisions of the law. The warranty period is stated in the contract for construction.
2. Maintenance: 2.1. Full-text Administration covers records of land ownership, the licence to build the House, records the complete home-technical system infrastructure and should be checked regularly supplements.
2.2. The Manager use the need to examine, understand the reality of works, technical base of existing infrastructure. With the new complete works need to rent specialized agency set the benchmark to track subsidence within 3 consecutive years. When discovered the phenomenon must immediately report the specialized agency level above in writing to please advocates timely processing.
2.3. Every year, to the States plan to plan capital maintenance, maintenance works regularly. When detecting tiny damage to repair, remedy for now, not to damage the small damaged seat more people.
For technical infrastructure systems, power/water supply system/contact information/drainage/waste must be delivered to the technical staff checked on a regular basis.
VII. IMPACT ASSESSMENT of INVESTMENT: investors organize project implementation, periodic reporting of project implementation under each quarter for the Ministry of health (or level of investment decisions) to follow up, monitoring, evaluation, project management support. According to the report content guidelines in circular No. 01/2000/TT-BKH on 10/01/2000 of the Ministry of planning and investment.
The owner must promptly report to the Ministry of health (or level of investment decisions) about the obstacles in the implementation process of the project, propose measures to solve and is responsible for all incurred not handled promptly.
VIII. COMMUNITY MONITORING, testing, inspection: 1. Community monitoring: the investor must create all favorable conditions for the political organization, social and political organizations, social organizations, civil society organizations related professions as stipulated by law to conduct lawful activities in the community monitoring investment projects.
PMU must have offices, there are regular officers present at the scene with full project profile to ready to handle the events that occur in the process of construction.
2. test, inspection: in the investment process, the investor must archive all records, related documents and produce fully competent State agencies as prescribed by law. Every year, the Health Ministry will establish the inspection Group, examined the management of the construction of all the projects have been or are done. The inspection group, check is responsible for reviewing the implementation of the above-mentioned regulations, urging on the progress, timely whip violations (if any) and the implementation report to the Minister of health have the adjustment measures, timely processing.
IX. terms of ENFORCEMENT: the heads of the units directly under the Department of health, the Director of the Department of health, the owner of the investment project of construction of health are responsible for the correct implementation of the rules on the management of construction works attached to Decree No. 16/2005/ND-CP on 07/02/2005 , the legal text guide made and "the process of managing investment projects construction of health using the State budget".
The Advisory Council on the management of construction projects of the Ministry of health, the basic equipment and facilities for healthcare, financial planning, inspection-the Ministry of health in collaboration with the Service, the relevant Department is responsible for guiding, inspecting the implementation of the "process of managing investment projects construction of health using the State budget".

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