Circular 18/2016/tt-Bxd: Detailed Rules And Instructions For Some Of The Content Of The Evaluation, Approval And Project Design, Construction Estimation

Original Language Title: Thông tư 18/2016/TT-BXD: Quy định chi tiết và hướng dẫn một số nội dung về thẩm định, phê duyệt dự án và thiết kế, dự toán xây dựng công trình

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CIRCULAR detailed rules and instructions for some of the content of the evaluation, approval and project design, construction estimation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 50/2014/QH13 on 18/6/2014;

Pursuant to Decree No. 62/2013/ND-CP dated 25/6/2013 of government functions, tasks, powers and organizational structure of the Ministry of construction;

Pursuant to Decree No. 59/2015/ND-CP dated 18/6/2015 of the Government on the management of construction projects;

Pursuant to Decree No. 46/2015/ND-CP dated 12/5/2015 of the Government on the management and maintenance of the quality of construction works;

Pursuant to Decree No. 32/2015/ND-CP on 25/3/2015 of the Government on the management of construction cost lỷ;

Proposal of the Director General Operations Manager going up, construction Minister issued circular detailed rules and instructions for some of the content of the evaluation, approval and project design, construction estimation.

Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Adjustable range: a) this circular detailed provisions about due diligence, approval of investment projects in construction and design, construction estimation according to Soviet Decree 59/2015/ND-CP dated 18/6/2015 the Government investment project management construction (hereinafter abbreviated to Decree 59/2015/ND-CP).

b) the evaluation of feasibility research report, proposed investment policy and investment policy decisions are made according to the law on investment and the law on public investment.

2. Objects: specialized agencies about building in the management of specialized construction, provincial people's committees, district level; the investment decision, the owner and the Organization, individuals are related.

Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. The evaluation of proposals is the owner or the person authorized by the owner or agency, the Organization decided to invest in the field of the meeting has not yet identified the owner.

2. is the key professional bodies of the construction according to the hierarchy or professional body affiliated to the investment decision were the provisions of article 10, article 24, article 25 and article 26 of Decree 59/2015/ND-CP.

Article 3. The principle of due diligence, project approval, design and construction estimation 1.    Process, project assessment, design and construction estimation in the right jurisdiction, ensuring processes and assessment period prescribed.

2. Design and construction estimation is done with the whole works or works of the project or in phases, the project's package but must ensure the unity, in sync in terms of content, the basis of calculation of the valuation results.

3. Public, transparency about the procedures, records, results of evaluation and compliance with the provisions of the administrative procedure reform in the process of infiltration.

4. Approval of the project and the design, construction estimation right authority or authorized after the announcement of results the evaluation and approval process of the profile was added, finishing at the request of the Agency permeable.

5. The project has a number of steps to design more than the rules of professional bodies, construction of the design dossier evaluation only in design step under the provisions of the law, the rest of the design step due to the investment decision to decide the Organization of appraisal, approval. The field name and content of meeting the project's design stage to follow international practices differ according the design step, professional bodies in building only the evaluation design profile with content corresponding to step the basic design, design, engineering, or construction drawing design.

Article 4. The responsibility of individual organizations in the evaluation, approval and project design, construction estimation 1. The liability of the investment decisions: a) requires investors to make the right assessment process consistent with the scale, resources used by the project, the type and level of construction works. For projects that use mixed capitals, the investment decision determines the type of resources used to make the base implementation process, project approval, evaluation and design, estimation of construction works;

b) assigned, check the perform evaluation of the specialized agencies;

c) approved or authorized to approve projects and designing, construction estimation according to the provisions of the law.

2. The responsibility of the client: a) The evaluation of the project, design and design, construction estimation according to the provisions of this circular; appraisal organizations as a basis for review, approval of construction drawing design, construction estimation for three-step design;

b) examined, reviewed and the Agency is responsible to verify the laws on legal attribute and content of the evaluation profile; the award process, improve the permeability profile defined coral at the request of the agency evaluation;

c) select directly consulting qualified competence to perform testing and evaluation service is responsible for checking the content-intensive work of advice in response to interrogation;

d) records as defined in paragraph 3 article 6 of Decree No. 59/2015/ND-CP.

3. The liability of the Agency, held the appraisal: a) project evaluation and organization design, estimation of building works in accordance with the law;

b) in compliance with the provisions on the rights, responsibilities of the Agency, held permeability according to the provisions of article 71 and article 87 of the law building;

c) report, explanations about the assessment at the request of the competent State agencies when necessary;

d) archive records, necessary documents related to the work of the evaluation as specified in paragraph 4 of article 9 of this circular.

4. The liability of the Organization building it: a) in compliance with the rights and obligations of the building are the provisions of article 70 of Law 86 and build upon its Foundation, project assessment, design and design, construction estimation;

b) provides a full record and explanation, edit the profile contents evaluation at the request of the owner and the key.

Chapter II EVALUATION and PROJECT design, CONSTRUCTION ESTIMATION article 5. The sequence of project appraisal and design, construction estimation sequence of project appraisal and design, construction estimation according to the provisions of article 11 and article 30 of Decree No. 59/2015/ND-CP are specific instructions as follows: 1. The proposal evaluators are responsible for preparing records before the infiltration plan projects and design construction estimates.

2. The project appraisal: a) for projects using the State budget: the evaluation profile was sent to professional bodies of the construction according to the hierarchy to seep plan feasibility study reports, reports of technical-economic construction;

b) for projects to use overseas capital budget: the evaluation profile was sent to professional bodies of the construction according to the hierarchy to verify the basic design (or design drawing, construction estimation with the project that requires the establishment of the technical-economic report) and to the specialized agencies affiliated to the investment decision to assess the content of the feasibility study report, economic reports-technical construction, design technology (if any);


c) for use in other capital projects: the evaluation profile was sent to professional bodies of the construction according to the hierarchy to verify the basic design (or design drawings for the construction project that requires the establishment of the technical-economic report) for the project construction has special supply , level I, public works, public works has a major influence on the landscape, the environment and community safety. Professional body affiliated to the permeability of investment decisions by other content report feasibility studies, economic reports-technical construction, design technology (if any);

d) for the remaining projects not subject to the appraisal of professional body building, professional body affiliated to the investment decision appraised the whole content of the feasibility study report, economic reports-technical construction.

3. The evaluation of building design to deploy after the basic design and construction estimation: a) for works of the project using the State budget: the evaluation profile was sent to professional bodies of the construction according to the hierarchy to verify;

b) for works in projects using foreign capital budget: the evaluation profile was sent to professional bodies of the construction according to the hierarchy to verify. For the own design technology, design of grade IV, building high-voltage grid, record executives are sent to specialized agencies affiliated to the investment decision to assess;

c) with regard to the work of the project using a different object in the capital due to the specialized agencies regarding the construction of the evaluation in accordance with paragraph 1 Article 26 of Decree 59/2015/ND-CP: the evaluation profile was sent to professional bodies of the construction according to the hierarchy to assess building design and to the specialized agencies affiliated to the investment decision to assess design technology (if any) and estimation of construction;

d) for works not subject to appraisal of professional body building, professional body affiliated to the Shenzhen investment decisions determined the entire content of the building following deployment design design and construction estimates.

4. Key implementation evaluation sequence, content regulation from article 5 to article 9 of this circular.

Article 6. The nail salon project profile, design and design, construction estimation 1.     The proposal evaluation process (1) the records (original record) to the agency evaluation as specified in article 5 of this circular to the appraisal organizations. Case of need combined opinions of the agencies, related organizations, the Agency required the evaluation process additions to the content of the comments.

2. the evaluation profile to ensure legitimacy, in accordance with the suggested content evaluation. The evaluation profile is considered valid when ensuring the content specified in paragraph 3, 4, 5, right, was presented by Vietnamese or bilingual (the main language is Vietnamese) and was the person who proposed the test evaluation, validation stamp.

3. Profile of the project appraisal process, including: facility design process Sheet and checklist process prescribed in the model No. 1 Appendix II of Decree No. 59/2015/ND-CP.

4. Record the evaluation of technical-economic report construction include: process Sheet and checklist process prescribed in the form of 4 Appendix II of Decree No. 59/2015/ND-CP.

5. Record your evaluation design, engineering, construction drawing design, construction estimation includes: process Sheet and checklist process prescribed in the form of 6 Appendix II of Decree No. 59/2015/ND-CP.

Article 7. Reception, check the profile process 1.     Assessment agency responsible for receiving, check out the full record of the meeting, the process is sent directly or by post. The evaluation profile is returned to the person who suggested the evaluators when denied receiving the meeting specified in paragraph 4 of this Article.

2. within five (5) working days, the agency responsible for appraisal review, send a written request to supplement the record executives to suggest evaluation (if necessary, the additional requirements of records requested only one (1) times during appraisal) or return the appraisal records in cases specified in point d of this paragraph 4. Within twenty (20) days from the date the request was received by the Agency, if the evaluators suggest that permeability chose not to perform the addition, the profile assigned to stop the evaluation, the evaluators suggest evaluators back when required.

3. Who is responsible for evaluating proposals submitted for appraisal fee appraisal Agency. Project appraisal fees, design and design, construction estimation according to the regulations of the Ministry of finance.

4. Evaluation Agency refused to accept the record executives in the case: a) The improper evaluation with assigned authorities;

b) project, design and design, construction estimation not subject to evaluation under the provisions of the law on construction;

c) process profile does not guarantee the legitimacy or not meeting the rules as defined in paragraph 2 of article 6 of this circular;

d) for records received via post in the cases specified in point a, b and c of this paragraph, the evaluators must have text sent the proposal evaluation stating reasons refused to perform due diligence.

Article 8. Perform due diligence 1.    The evaluation is done when getting enough key documents as defined in article 6 of this circular and ends when there is text evaluation results. Assessment period prescribed in article 11 paragraph 4 and Paragraph 8 article 30 of Decree No. 59/2015/ND-CP.

2. evaluation content according to the provisions of article 58, article 83 of the law building and article 6, article 10 of Decree No. 32/2015/ND-CP on 25/3/2015 of the Government on the management of construction cost.

3. in the period of five (5) working days from the date of starting to perform due diligence, evaluation agencies are responsible for submitting the text take the opinion of the Agency, the relevant organizations. The time limit for taking the opinion of the Agency, the relevant organizations as defined in paragraph 3 article 11 paragraph 3 and article 30 of Decree No. 59/2015/ND-CP.

4. In the course of the evaluation, the evaluators have the right: a) agency requirements, the relevant organizations to provide the information document, the data needed for serving the work appraisal;

b) Invited organizations, individuals have the expertise, capacity, appropriate experience join perform due diligence;

c) requires the owner of direct selection assessment consultant organization to serve the appraisal or consider using assessment results of the investor (in case the investor has made verification as specified in paragraph 2 of article 10 of this circular);

d) require the owner, clarifying the content related to appraisal when necessary;


DD) pause the evaluation and timely notification to the proposed evaluation errors, errors of calculation method, the load, the description of drawings, diagrams ... in the content of records leads to could not give conclusive appraisal. The case of an error, the errors mentioned above could not overcome within twenty (20) days, the key stops the evaluation, the evaluators suggest evaluators back when required.

Article 9. Results appraisal and appraisal result notification 1. The evaluation results must be evaluated, conclusions about the level of response required for each evaluation content and the entire content process according to the form prescribed in annex II to Decree 59/2015/ND-CP; the recommendations with respect to the investment decision, the owner. Content review, reviews of Shenzhen authorities intend to be specific instructions such as the following: a) for project appraisal, design basis: evaluation of conformity, the level of response with respect to investment guidelines, requirements, project content, set up the basic design, these criteria reflect the need to invest in the construction , the feasibility and effectiveness of the project;

b) for the design, construction estimation: evaluation of the compliance of the meeting, the level of response to the request, the task, the content of the design, the construction estimates;

c) review and update the results verification service evaluators, the opinion of browse jurors Fire Department, fire, environmental protection and the opinion of the Agency, held in relation (if any).

2. Assigned responsibility to announce the results of the evaluation to the suggested evaluation form sent directly or sent by post.

3. The profile process after editing, completion was assigned to check, stamp appraisal on one (1) set of project profile, basic design drawings, technical drawings or construction drawing design and construction estimates. Oxidized evaluation marks prescribed in Appendix I of this circular. The proposal evaluators are responsible for submitting a capture (photocopying or PDF file) document report feasibility studies, basic design, design and construction estimation has stamped the evaluation for the key.

4. At the end of the assessment, valuating agencies have the responsibility to: a) archive, preserve certain documents including: the evaluation Sheets; the conclusions of the Organization, individuals involved in the appraisal; courted a contribution the Agency's opinion, the Bowl officials concerned; Notice of assessment results; the document snapshot stamp appraised under the provisions of Paragraph 3 of this article;

b) suggested to Transfer appraisal documents the process except the archive documents specified in point a of this paragraph.

Article 10. Staff assessment evaluation and project design, construction estimation service undertaking the work of project appraisal and design, construction estimation according to the provisions of article 11 and article 30 of Decree No. 59/2015/ND-CP are specific instructions such as the following : 1. The base requires verification of key, the owner is responsible for the direct selection of consulting organizations eligible to implement the capacity assessment staff appraisal.

2. where the owner made the assessment before the evaluation, the professional body of building considering the use of assessment results to served the work evaluation.

3. selected advisory organizations made verified serve permeability of professional body building must meet the following requirements: a) the eligible capacity building activities as provided by law;

b) Has posted the information capacity-building activities on electronic information Page of the Ministry of construction, the facility built under the provisions of article 69 of Decree No. 59/2015/ND-CP. Case consulting organizations verify registrant information yet operational capacity building must be professional body affiliated to the Ministry of construction , Department of construction approval in writing;

c) independent legal, financial and investor with the contractor project consulting, design, construction estimation.

4. direct selection process the deep investigation consultants serve the evaluation according to the requirements of professional bodies of the construction are specified like the following: a) are key proposals on the scope of work required, permeability test assessment staff includes some of the following principal contents :-The content of the provisions in points c, d, e clause 2 and Clause 3 in Article 58 of the law on construction for project appraisal, design basis;

-The content specified in the paragraph 4 of 58 construction Law Thing for evaluation of technical-economic report;

-The content of the provisions in clause 1, 3, 4, 5, 6, 7 to article 83 of the law for the building design and construction estimates.

b) to base the Agency's verification requirements due diligence, investors sent the attached undertaking proposal, request the content and drafting of contracts (including content such as: job range, duration, quality of work need to be achieved, contract value, accountability...) to advisory organizations are expected to choose performing verification;

c) on the basis of the proposed investigation of the owner organization, proposed sending consultants to perform verification to the owner to consider, negotiate, contract.

5. Duration of the project assessment, design and design, construction estimation according to the provisions in clause 5 article 11 and paragraph 4 Article 30 of Decree 59/2015/ND-CP case should extend the duration of the investigation, the owner must have a written notice to the agency evaluation to explain reasons and propose real time extension does.

6. The owner is responsible for examining, evaluating for results reported by undertaking consultancy before send it to Evaluation Agency. Survey results report form serves the evaluation done as instructed in Appendix I of this circular.

Article 11. Decentralization, delegated project appraisal and design, construction estimation 1. Professional bodies of the construction Department of the Ministry of construction management majors may propose to the competent hierarchical decision Empire for management of specialized construction appraisal report technical economic construction investment from level II and below utilize the State capital by the Ministry , ministerial-level agencies, government agencies, the Central Agency of the political organization, social-political organizations, corporations, State Corporation decided to invest in the construction of the administrative areas of the province.

2. the specific conditions the base of local, provincial PEOPLE'S COMMITTEE decision making hierarchy or authorized beauty salon nail design, project and construction estimation for the project, works under the authority of the appraisal management of specialized construction works for construction management function in the district-level PEOPLE'S COMMITTEES , Management of industrial zones, export processing zones, hi-tech zone, the economic zone.

3. The decentralized according to the provisions in clause 1 and clause 2 of this and in the case of authorization, other valuation hierarchy (if any) must guarantee the principles, under the conditions specified in Clause 6 of 34 Articles Government Organization Act and article 13, article 14 of the law on the Organization of local government.

Article 12. Economic report-evaluation of engineering construction investment


Project assessment process that requires the establishment of the technical-economic report made under the provisions of article 5 of this circular. Exclusively competent appraisal of technical-economic report specified in point a of paragraph 3 article 13 of Decree No. 59/2015/ND-CP are specific instructions as follows: 1. Professional bodies of the building directly to the management of specialized construction work as defined in article 76 of Decree No. 59/2015/ND-CP hosted evaluation : a) the economic report-engineering construction investment using capital budget by the Ministry, ministerial-level agencies, government agencies, the central organ of the Organization of politics, social-political organizations decided to invest except the project hierarchy for management of specialized construction work as defined in paragraph 1 of article 11 of this circular;

b) design drawing (excluding design technology), building construction estimation using foreign capital budget due to the ministries, ministerial agencies, government agencies, the central organ of the Organization of politics, social-political organizations, corporations, State Corporation decided to invest except the project hierarchy for management of specialized construction work as defined in paragraph 1 of article 11 of this circular;

c) construction drawing design (excluding design technology) special supply, level I used other capital.

2. The Department of construction management majors hosted evaluation: a) the economic report-engineering construction investment using capital budget is building on the administration of the province by the provincial level investment decisions, technical-economic report contains works from level II came down due to The , ministerial-level agencies, government agencies, the central organ of the Organization of politics, social-political organizations decided to invest according to the rules of hierarchy in paragraph 1 article 11 of this circular, except the projects stipulated in Paragraph 3 of this article;

b) design drawing (excluding design technology) construction estimation, level II, level III used foreign capital investment budget is built on the area of the administration of the province by the provincial level investment decisions, because the Ministry, ministerial-level agencies, government agencies the central element of agency officials political, social-political organizations, corporations, State Corporation decided to invest according to the rules of hierarchy in paragraph 1 article 11 of this circular, except the works prescribed in paragraph 3 of this article;

c) construction drawing design (excluding design technology) public works, buildings have a major influence on the landscape, the environment and the safety of the community used other capital construction investment in the administration of the province, excluding the work prescribed in clause 1 of this article.

3. Room construction management functions under the district level, the management of industrial zones, export processing zones, hi-tech zone, permeability defined economic zone reported technical-economic construction investment using capital budget; construction drawing design, construction estimation using state capital in addition to the budget according to the rules of hierarchy in paragraph 2 of article 11 of this circular.

Article 13. The provisions on due diligence and project design, construction estimation 1.    For the project and the design, the construction estimates track passing through the two provincial subject due to the specialized agencies regarding the construction of impervious to professional bodies of the construction Department of the Ministry of construction management majors hosted evaluation.

2. for projects that include many types of projects, different work levels, the Agency chaired the evaluation is the agency responsible for assessing major works or works with the top level of the project.

3. for projects done in the form of public private partnership Council meeting (PPP), the State Agency has the authority under the provisions of clause 1 Article 26 of Decree No. 15/2015/ND-CP of the Government on July 14, 2015 on investment in the form of public-private partnership is the host unit at project appraisal. The evaluation design and design, construction estimation is done as for projects using state capital in addition to the budget according to the provisions in paragraph 2 and article 11 paragraph 1 of article 25 of Decree 59/2015/ND-CP.

4. Specialized agencies affiliated to the investment decision chaired the evaluation design, construction estimation of the project content is predominantly goods, provide services but have the component consists of the construction projects, the work does not decide to invest , safe in operation, and the proportion of the cost of building is under 15% of the total investment of the project; chairing the evaluation for technical-economic report projects that repair, renovate, upgrade works using business capital investment properties.

5. use mixed capital projects have involved by the State budget, the State capital in addition to the budget from 30% or over or under 30% but above 500 billion in total investment of the project was appraised as for projects using foreign capital budget.

Chapter III APPROVAL, PROJECT and CUSTOM DESIGN THIÉT CO, ESTIMATES CONSTRUCTION of article 14. Approval of the project, construction investment decisions approving projects, construction investment decisions according to the provisions of article 12 and article 13 of Decree No. 59/2015/ND-CP are specific instructions as follows: 1. host agency evaluation of project investment decision people are responsible for synthesizing results evaluation and approval process. The remaining case, the investment decisions consider, professional body affiliated to the General results of the evaluation and approval process.

2. The investment decision approving the project consists of the content was mainly prescribed in clause 2 article 12 of Decree No. 59/2015/ND-CP and the provisions of relevant laws. The project approval must include specific content about sources of capital, capital plan layout expected by the time of the project, number of steps, the design standard, the standard rules are applied and the time of the construction works.

3. investment decision Model of building regulations in Appendix I of this circular.

Article 15. Design approval, construction estimation 1.    The investment decision, investors approved the design, construction estimation with the contents specified in article 28 of Decree No. 59/2015/ND-CP. The investment decisions are decentralized or delegated to approve the design, estimating construction according to the provisions in clause 1 of 72 sculpture made of construction Law.

2. The investment decision approving the construction drawing design and construction estimation for the project that requires the reporting of technical economic construction.

3. the project approval sheet Form and design, construction estimation as specified in annex I of this circular.

Article 16. Adjust the construction investment project 1.    Construction investment projects using capital budget, capital budget also was adjusted in the case prescribed in clause 1 Article 61 of the law building. The investment decision decided for the content adjusted in relation to the objective, the investment scale, location, the progress of the project, total investment and capital structure to use.

2. basic design, Project adjusts the approval authority of the investment decision must be held according to the evaluation process provided for in paragraph 3 of this Article.

3. project appraisal process, adjustable base design specific instructions such as the following:


a) investors have written to suggest people review investment decisions, approve the adjustment advocates project, which should clarify the reason for, the content, scope and implementation solutions;

b) text bases approved by the investment decisions of the project adjustment advocates, the owner is responsible for the organisation to profile the project, design adjustments, the Agency chaired the evaluation according to the hierarchy of Imperial permeability;

c) synthesis of evaluation results, the project approval process to adjust the provisions of paragraph 1 of article 14 of this circular.

4. The approval of construction projects to the investment decision including the content is adjusted or the entire contents of the project after adjustment.

5. host agency project appraisal, design adjustments is the Agency has chaired the appraisal for the project, the basic design was browsing.

Article 17. Adjustable design, construction estimation 1.     The meeting school adjust design, construction estimation made according to the provisions of article 84 of the construction Law and article 11 of the Decree dark chocolate 32/2015/ND-CP of the Government on the management of construction cost.

2. The investment decision the decision adjusting the design, estimating construction when this regulation leads to having to adjust the project to build. The meeting school other adjustments due to the investor to decide and take responsibility for its adjustment decisions. The owner has a responsibility to report the investment decision about the content adjust its building design decisions made.

3. Professional bodies in building design, construction estimation adjustments in the case of: a) adjust building design due to geological changes works, design load, structural solutions, the material used for the bearing structure (except that increase safety for buildings) and organizational measures that can affect construction safety bear the force of the work;

b) adjust the construction estimation due to the adjustment leads to do the total investment exceeds or exceeded the construction estimation has been approved by the investment decisions.

4. With regard to the design, the construction estimation to adjust the jurisdiction decision of the owner as specified in paragraph 2 of this Article and do not belong to the meeting to verify as prescribed in paragraph 3 of this article, in case of need, the owner of self evaluation organization as a basis for review , for approval.

5. The approval of the design, the construction estimation to the investment decision, the owner of the content is adjusted or the entire contents of the design, the construction estimates after adjusting. The investment decision, investors approved the design, the construction estimates adjusted by themselves decide to adjust according to the provisions in paragraph 2 of this Article.

Chapter IV IMPLEMENTATION Article 18. The responsibility of the Ministry of construction in project appraisal and design, construction estimating, construction Ministry is responsible for: 1. Host, guide and oversee evaluation and project design, construction estimation of ministries, and local businesses.

2. Assignment, decentralized agency specializing in building specialized in the Organization of the project appraisal and design, construction estimation.

3. check periodically or irregularly fulfilling the work appraisal of professional body building levels. The decision to recall, cancel the results of the appraisal or valuation organizations request again when there are errors in the assessment of legal effects, the quality, safety, cost and construction progress; General situation report made results evaluation.

4. Coordinated with the Ministry of construction management majors to handle obstacles exist in the assessment of the Ministry of industry, local, business, investor.

5. Organize professional training on work evaluation for agencies, organizations and individuals concerned.

6. Issued and instructions apply the evaluation criteria in the assessment; the cost of the project assessment consulting, design and facility design, construction estimation.

Article 19. The responsibility of the relevant ministries in the work of project appraisal and design, construction estimation, the ministries are responsible for: 1. Ministry of construction management majors: a) directing, instructing and examining the work of evaluation of professional bodies in building management by themselves; assigned, decentralized agency specializing in building specialized in the Organization of the project appraisal and design, estimation of construction works; the decision to recall, cancel the results of the appraisal or valuation organizations request again when there are errors in the assessment of legal effects, the quality, safety, cost and construction progress.

b) in coordination with the Ministry of construction management discipline, the provincial PEOPLE'S COMMITTEE in the Organization of the evaluation for important national projects, project construction line goes through many localities;

c) General, periodic reports on the work of project appraisal and design, construction estimation in specialization and submit to the Ministry of construction to General, the track in the first 15 days of next quarter. The form of reports on the work of the evaluation are defined in Appendix II of this circular.

2. Ministries, government agencies, the Central Agency of the political organization, political organization of society: a) make the rights, responsibilities of the investment decision under the provisions of the law for his projects investment decision;

b) assigned professional body affiliated to participate, coordinate project appraisal and design, estimation of construction works in the scope of management according to the provisions of the law on construction;

c) examined the evaluation work of the specialized agencies, to coordinate timely handling the problems arising in the process of doing due diligence.

Article 20. Responsibility of provincial PEOPLE'S COMMITTEES, district level in project appraisal and estimation, design construction, provincial PEOPLE'S COMMITTEES, district level have a responsibility to: 1. Determine the assigned, decentralized, authorized to perform the evaluation, approval and project design, construction estimation in accordance with the provisions of the law on construction and specific conditions of the local.

2. Directing and inspect the work of the evaluation of the management of specialized construction, construction management function in the PEOPLE'S COMMITTEES at district level, the decision to recall, cancel the results of the appraisal or valuation organizations request again when there are errors in the assessment of legal effects quality, safety, cost and construction progress.

3. Processing, timely resolve arisen processes, procedures and coordinating the work of local appraisal management.

4. General, periodic reports on the work of project appraisal, design, construction estimation in specialization and submit to the Ministry of construction to General, the track in the first 15 days of next quarter. The form of reports on the work of the evaluation are defined in Appendix II of this circular.

Article 21. Handle transition and effect 1.     For the evaluation and project design, construction estimation:


a) project design and construction, the construction estimates had the competent authorities assess prior to this circular effect not process again and made appraisal according to regulations prior to the time of effect of circular;

b) adjusting the project, design and construction estimation after the date of this circular in force made under provisions of this circular.

2. Enforceable: a) this circular effect since May 15, 2016.

b) The regulations on assessment, appraisal, approval of construction investment, project design, construction estimation is specified in circular No. 03/2009/TT-BXD dated 26/3/2009 of the Ministry of construction detailing some of the content of the Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction; Circular No. 10/2013/TT-BXD on 25/7/2013 of Ministry of construction detailing some of the content on quality management of construction works; Circular No. 13/2013/TT-BXD dated 15/8/2013 of the building regulation inspection, evaluation and approval of the construction design and circular No. 09/2014/TT-BXD dated 10/7/2014 of the build to edit, added some Things in the circular No. 15/2013/ND-CP of June 2 in 2013 of the Government on construction quality management build the most effective from the date of this circular are enforceable.

In the process of implementing this circular if there are obstacles, suggest the Organization, individuals contributed comments posted on the Ministry of construction for review, acquire edit accordingly./.
 

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