Circular 01/2007/tt-Bxd Dated: Some Guidelines About Content: Creation, Appraisal, Approval Of Investment Projects In Construction; Building Permit And Project Management Organization Of Investment Construction Q. ..

Original Language Title: Thông tư 02/2007/TT-BXD: Hướng dẫn một số nội dung về: lập, thẩm định, phê duyệt dự án đầu tư xây dựng công trình; giấy phép xây dựng và tổ chức quản lý dự án đầu tư xây dựng công trình q...

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CIRCULAR guide some content: creation, appraisal, approval of investment projects in construction; building permit and project management organization construction works specified in Decree No. 16/2005/ND-CP on 07/02/2005 and Decree No. 112/2006/ND-CP on 29/9/2006 by the Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 36/2003/ND-CP on 04/04/2003 of government functions duties, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction;
Pursuant to Decree No. 112/2006/ND-CP on 29/9/2006 by the Government on amendments and supplements to some articles of Decree No. 16/2005/ND-CP on the management of the project construction works;
The Build Guide and some content: creation, appraisal, approval of investment projects in construction; building permit and project management organization construction works specified in Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction works (hereinafter abbreviated as Decree 18/CP) and Decree No. 112/2006/ND-CP on 29/09/2006 the Government amended supplement some articles of Decree No. 16/2005/ND-CP on the management of the project construction works (hereinafter abbreviated as Decree 112/CP) as follows: part I INSTRUCTIONS on SETTING, appraisal, APPROVAL of INVESTMENT PROJECTS in CONSTRUCTION I. The DETERMINATION of the INVESTOR for the PROJECT USING the STATE BUDGET 1. For the project by the prime investment decision, the owner is one of the agencies, the following organizations: ministries, ministerial agencies, government agencies, other central agencies (collectively referred to as The Agency), provincial people's Committee, the central cities (collectively, the provincial PEOPLE'S COMMITTEE) and State enterprises.
2. for the project by the Ministers, heads of Ministerial-level agencies, Chairman of the levels of investment decisions, the investment decision people assigned to the Unit Manager, use the work invested.
Case management unit, use the works not eligible on the Organization, human resources, time and other necessary conditions for performing the tasks, the authority of the owner or units unspecified management, use of works it investment decisions delegated to units of the above mentioned conditions have enough invested and done as follows : with regard to case management unit, use the works not assigned owner, the management unit, use the work must have text sent participants to the investor to manage construction projects and organizations receiving the work put into use. The owner is responsible for the layout of the unit management, use of works on the position suitable for participation in the management right from the project until the delivery put the work in to ensure effective use and objectives of the project. The case owner to establish a project management Committee in the Deputy Director project management must be the unit's management, use of works.
As for unspecified case management unit, use the works in the process of implementing the project to identify the management unit, use the process to join the owner in the trials and receives the work put into use.
II. ABOUT The PROCESSOR For A GROUP NOT In The PROJECT PLANNING 1. The case is not in the project planning of industries or does not match the key is authorized to approve the project before construction works, the owner must report the logical sectors; The sector Manager is responsible for the review, additional planning under the authority or the approved by the Prime Minister. For example, investment projects to build power plants in the province of X is not yet in power sector planning, the project before the owner reported the Ministry of industry to the Ministry of industry to consider adjusting the planning under the authority or the Prime Minister approved the additions to the electric industry planning.
2. where no projects in the planning or building construction planned before the project construction investment, the investor must report to the provincial people's Committee was considering accepting the position, scale, of the premises of the project; at the same time the provincial PEOPLE'S COMMITTEE has the responsibility to regulate organizations planning or building regulations.
III. ABOUT Creation, Appraisal, APPROVAL Of INVESTMENT PROJECTS In CONSTRUCTION 1. On project construction investment: after performing a registered investment or investment certificate is granted according to the provisions of the law on investment, the owner held up investment projects in the construction, making the project browser and the procedures to implement the next steps under the provisions of the construction Act , Decree 16/CP, CP 112/decrees and instructions of this circular.
2. Competent appraisal of investment projects in construction: a) Who decided to invest responsibly organize due diligence of investment projects before construction approval. The project evaluator's professional unit directly under the investment decision according to the provisions in clause 5 article 1 Decree 112/CP. where projects are authorized to decide on the investment project appraisal clue is the professional units directly under the authorized investment decisions.
b) competent to appraise base designs are made according to the provisions in clause 5 article 1 Decree 112/CP. for Group B, C projects by the Ministry of industry, Ministry of agriculture and rural development, Ministry of transport, Ministry of construction, the corporations and the State Corporation decided to invest in its management, the specialized ministries This business organization, evaluation of the basic design after the opinion of the local planning of construction and environmental protection, in particular: The self assessment organization industrial design works in the project construction of mines, oil and gas, power plant , power lines, substations, chemicals, explosives industry, machine building, metallurgy and the construction of specialized industrial group B, C by Ministry of industry of investment decisions.
The Ministry of agriculture and rural development of a self assessment organization design basis of the investment project in the works to build irrigation, Dyke Group B, C by Ministry of agriculture and rural development decided to invest.
The Ministry of transport organized design basis of the investment project in the works to build transportation Group B, C by Ministry of transportation investment decisions.
The self assessment organization building the basic design works in the project construction works, building material industry, urban infrastructure Group B, C by Ministry of construction decided to invest.
Corporations, State Corporation organization self evaluation of the basic design works project in Group B, C by themselves if the project investment decision in State Affairs for the business management. For example, the electricity of Vietnam (EVN), the State network management traffic nationwide, the EVN is self hosted evaluation design works in electric network project group B, C investment decisions by themselves. For other projects, the investment decisions by the EVN the evaluation design basis by competent State agencies specified in clause 5 article 1 Decree 112/CP made.
3. The order and procedure of evaluation, approved projects:

a) owner is responsible for the Organization and the project profile submitted to the evaluator the project to organize the evaluation before the authority approved investment decisions.
The project evaluation records include:-project process Sheets according to the model in annex 1 of this circular;
-Investment project includes construction presentation and design;
-Text allows for investment projects of national importance; the text approved on planning for the industry group A project not in sector planning; on planning approval to build the project are not in the construction planning;
-The relevant legal texts.
b) clue unit project appraisal is responsible for receiving the project profile of the client and sent to the relevant authorities to get comments, and send comments to assess the basic design of the competent agency design basis prescribed in clause 5 article 1 Decree 112/CP. Assessment Agency design basis have the responsibility to organize the evaluation and submit evaluation results to the project evaluator. Results evaluation of the basic design was created according to the model in annex 2 of this circular.
Where necessary, to ensure convenience, the project evaluator can authorize owner directly send the project and the process of with competent authorities appraise base designs.
c) project appraisal time: time evaluation projects, including design-time base is calculated from the date of receipt of a valid application, in particular:-for national important projects: project appraisal time according to the provisions of resolution No. 66/2006/QH11 of Congress in which time base design not to exceed 30 working days.
-For A group of projects: project appraisal period not exceeding 40 days, during which time the base design not to exceed 20 working days.
-For the Group B project: project appraisal period not to exceed 30 working days, in which time the design basis not exceeding 15 days.
-For Group C project: project appraisal period not exceeding 20 working days, in which time the base design not to exceed 10 working days.
d) focal unit responsible for project appraisal project appraisal organization, General comments of relevant agencies and results evaluation of the basic design, review, reviews, recommendations, and decided to approve the investment project.
Profile project approval process include:-project approval process Sheet according to the model in annex 3 of this circular, which is stated to be the result of project appraisal; comments, reviews and recommendations to people who decided to invest;
-Profile of the investor process to appraise the project under point a of this section;
-The documents involved the evaluation of competent authorities related to the project.
IV. ABOUT Creation, Appraisal, APPROVAL Of The TECHNICAL-Economic REPORT CONSTRUCTION 1. Economic reports construction technique: a) the owner or renting consulting organization reporting technical-economic construction investment (hereinafter referred to as the technical-economic report). The content of technical-economic report was established under the provisions of paragraph 4 to article 35 of the law on construction.
b) When set construction drawing design of technical-economic report can use design patterns, design by competent State bodies.
2. organizations assess the technical-economic report: a) the responsible investment decisions the organization assess technical-economic report before approval. The evaluator technical-economic report is the professional units directly under the investment decision according to the provisions in clause 5 article 1 Decree 112/CP. Case of technical-economic report is authorized to decide the investment clues appraisal report is technical-economic expertise unit directly under the authorized investment decisions.
b) Investor valuation organization drawing design and estimating the work where necessary, then you can hire a consultant to survey as the basis for the evaluation. For works related to the environment; Prevention of fires; security, defense, when appraising the construction drawing design must take the opinion of the governing body on the field.
Results evaluation of construction drawing design and estimation are established according to the model in annex 4 of this circular.
c) investor is responsible for sending the record to the evaluator technical economic reports to organize due diligence before submitting to the approval decided to invest in economic reporting techniques.
The profile process of technical-economic report included:-the evaluation of the technical-economic report form in Appendix 5 of this circular;
-Technical-economic report includes presentation and design of construction drawings;
-Results evaluation of construction drawing design and estimation, accompanied by the comment text of relevant agencies (if any).
d) focal unit is responsible for sending the report economic profile technical expert units directly under the investment decision taken comments about the content are relevant to the appraisal of technical-economic report.
The maximum time for the evaluation of the technical-economic report is 20 working days, of which the maximum period of time for the unit to join the opinion is 10 working days.
DD) content evaluation of technical-economic report of the investment decision:-consider the factors ensuring efficiency, including: the need for investment; the input element; the scale, capacity, technology, time, progress made; financial analysis, the effect on the economy and society.
-Consider the factors that ensure the viability, including: conformity with approved plan; land use needs, resources (if any); clearance capability; the ability to mobilize capital to meet the progress; the ability to repay the loan; the management experience of the owner; results evaluation of construction drawing design and estimation.
3. Approval of the technical-economic report: a) after the evaluation of technical-economic report, the clue unit records to review investment decisions for approval.
Records the approval of the technical-economic report include:-sheets the approval of technical-economic report form in annex 6 of this circular, which is stated to be the result of economic reports-assessment techniques; comments, reviews and recommendations to people who decided to invest;
-Profile of the investor to assess technical-economic report;
-Text suggestions of relevant agencies.
b) competent person responsible investment decisions for approval of technical-economic report on the basis of the results of the evaluation unit of the clue. The content of decision of approval of technical-economic report form in annex 7 of this circular.
After the technical-economic report has been approved by the authority, construction drawing design owner shall be stamped to confirm before executing.
V. ABOUT Creation, Appraisal, APPROVAL Of INVESTMENT PROJECTS In CONSTRUCTION USING ODA, FOREIGN DIRECT INVESTMENT 1. For projects using ODA:

The preparation, appraisal, approval of investment projects in construction using ODA to be made under the provisions of the law on construction and legislation on the management and use of sources of official development assistance (ODA). Authorized and own the content evaluation design is made according to the provisions of the law on construction. The case of treaties, ODA has been signed between the State or the Government of Vietnam with the sponsor has other regulations made under the provisions of international treaties.
2. for projects with foreign direct investment: after being granted investment certificate in accordance with the law on investments, the owner held up investment projects in the construction, making the project browser and the procedures to implement the next steps under the provisions of the construction Act , Decree 16/CP, CP 112/decrees and instructions of this circular.
Part II Of The GUIDE To BUILDING PERMIT I. ABOUT The CONSTRUCTION PERMIT 1. The construction works before starting to have a building permit under the building Act, Decree 16/CP and Decree 118/CP, except the works specified in point 2 of this section.
2. The work under this license, please not build: a) works in State secrets.
b) construction works under the emergency order.
c) temporary buildings to serve the construction of the main works.
d) construction works by not going through the municipality, but in accordance with approved building plans.
DD) works in the construction projects of the State agencies have the authority to approve, except works only technical-economic report. However, before the construction works the owner must send the results to verify the design basis for the Agency to grant a building permit to track, manage.
e) construction project in the new urban area, industrial zones, residential construction details on planned rate of 1/500 was the competent State agencies for approval.
g) works of repair, renovation, equipment installation inside does not change the architecture, bearing and structural safety of the buildings.
h) technical infrastructure works have a total investment of under 7 billion belonging to the commune the remote areas not within the protected area of the cultural heritage, historical-culture.
I) individual housing in remote areas not belonging to the municipality, not in concentrated population points; individual houses in the rural settlement planning yet have built browser.
3. About the temporary building permit: a) The temporary construction license only applies to the Department had approved construction planning and announced but not yet implemented.
b) provincial peoples Committee of the specific regulations regarding the licensing of temporary construction fits the situation, local characteristics.
c) In temporary building permit content must specify the allowed time of expiry, the works specified in the temporary building permit if State clearance to carry out the master plan, the investor must own demolition works, if not coerced, then dismantling dismantling and the owner must bear all the costs for the demolition works.
The compensation, clearance to perform the planning application under current rules; the building of a temporary construction licence shall not be compensated.
4. On the building permit for the project in the works: a) for projects including many located in the different cities of the province, then the work is in the local investor level in local building permit.
b) for projects including many located in one location in one province, the city, the owner of a building permit application for the construction of the project locally.
II. APPLICATION For LICENSE To BUILD 1. Application for construction permit for works and housing in the municipality: application for construction permit under the provisions of article 18 of the Decree 16/CP and clause 10 article 1 Decree 112/CP. 2. Application for construction permit for rural housing: application for construction permit under the provisions of article 20, Decree 16/CP, which was formed according to the model in annex 8 of this circular. The works are clearly the size and area of land occupied the House, works on the plot of land, about how to work around and the electrical connection point, communication, water supply with the construction of public infrastructure outside (if available). On the drawing must specify the host name, the address where the in-building location, and the name, address of the graph.
3. the application for the building permit for the construction of the project has had the basic design was evaluation: investors can apply for a building permit for a work, once for many or once for all the works of the project.
a) case for a building permit for a project:-the material as specified in paragraph 1, Article 18 2, Decree 16/CP;
-Results evaluation of the basic design.
b) case please license the build once for many or once for all the works of the project:-application for building permit according to the model in annex 9 of this circular;
-Certified copies or certified papers on land use in accordance with the law;
-Results evaluation of the basic design works that the owner apply for a building permit.
III. content LICENSE to BUILD the content of a building permit as prescribed in clause 1 Article 64 of law construction, and according to the following pattern: 1. Building permit for works and housing in the municipality according to the model No. 1 of Appendix 6 of the Decree 16/CP. 2. Temporary building permit according to the model No. 2 of Appendix 6 of the Decree 16/CP. 3. A building permit for the House in the countryside under model number 3 of Appendix 6 of the Decree 16/CP. 4. A building permit for the construction of the project according to the model in annex 10 of this circular.
IV. AUTHORITY BUILDING PERMIT 1. The provincial people's Committee, authorize the Director of building Department granted a building permit for the construction of special levels, level I (according to the hierarchy of the Decree on the management of the quality of construction works); religious works; historic buildings-culture; monumental works, advertising, murals in the administrative boundary management by themselves; the works on the line, the axis of the main street in town; works of the project have foreign direct investment; the work of the project and other projects by the provincial people's Committee.
2. the people's committees at district level to license build the remaining buildings and individual houses in the municipality administrative boundary management by themselves, except the objects specified in point 1 above.
3. the people's committees of communes to license individual housing construction in the rural settlement planning had approved construction in the territory of its administrative management.
V. ADJUST BUILDING PERMIT 1. When in need to adjust other construction design with content building permit has been issued, the investor must please adjust a building permit before construction works according to content adjustments. Construction licensing agency is the agency competent to adjust building permit to ensure proper planning of construction and be responsible for the content that allows adjusting the building permit. The content adjust building permit are additional "extension, adjustment" in the building permit has been issued to the owner.
2. Application for a building permit adjustments include: a) an application for a building permit adjustments;

b) original building permit has been issued;
c) adjust design drawings.
3. The time limit for considering the slow building permit adjustment for is 10 working days from the date of receipt of a valid application.
Part III GUIDELINES On PROJECT MANAGEMENT ORGANIZATION Of INVESTMENT CONSTRUCTION I. CASES Of DIRECT OWNER Of PROJECT MANAGEMENT 1. When granting the owner directly managing the project, the investor must establish a project management Committee (hereafter abbreviated as Pmu), except for small scale projects, simple have a total investment of under 1 billion.
PMU is the subdivisions, the owner, has a legal personality or use the legal personality of the owner to make project management. The duties and powers of the Pmu by the owner.
Organizational structure of the Pmu because investors decided to match the scale, nature and requirements of the project and tasks, powers was the owner. PMU can hire personal counseling organizations to participate in the management, monitoring, when not qualified, the capacity to perform, but must be approved by owner.
Organizational structure of the Pmu include Director, the Associate Executive Director, professional service; participants in the Pmu can work under part-time or dedicated mode. The Director, the Deputy Director and the person in charge of technical, economic, financial University degree in specialized fields match in charge and have professional work experience of minimum 3 years. Private project for Group C in remote areas, the above mentioned titles can be delivered for those with college degrees or intermediate level in the majors.
2. for small scale projects, simple have a total investment of under 1 billion, the investor can not establish that use of Pmu specialized units to project management; case of need can hire people with expertise, experience to help manage the project.
3. the Pmu was dissolved after the completion of the task.
II. Where The OWNER HIRES CONSULTANT PROJECT MANAGEMENT 1. When applying the rental form project management consultant, the consultant must establish an organization to directly perform project management duties according to the contract signed with the owner. The structure, the composition of this Organization include Director project management consultant, the Deputy Director and professional parts service consistent with the duties and powers according to the contract that the contractor consulting signed with the owner.
Director of project management must be eligible under the provisions of paragraph 1 to article 55 of the Decree 16/CP. The Deputy Executive Director and the person in charge of the professional service must have a university degree in the appropriate disciplines and have the time to work a minimum of 3 years professional.
Consultant project manager was hired, personal organization consultant to join some of the project management, but must be approved by the owner and in accordance with the duties and powers of the signed contract with the owner.
2. duties and powers of the Organization direct consulting project management implementation in the field by the consultant delivered in writing and must be sent to the client to notify the relevant contractors.
III. RESPONSIBILITY of the INVESTOR in the MANAGEMENT of the PROJECT CONSTRUCTION INVESTMENT the investor has the task and powers prescribed by the law of building since the preparatory phase of the project, project implementation and delivery put the work into use. For those tasks, powers that the owner has delivered to the Pmu (under the decision establishing the Pmu) or project management advice (according to the contract signed with the contractor project management consulting), the owner is responsible for the direction, monitoring, inspection, urging the implementation of the task powers, ensuring the project is done correctly the content and the schedule was approved. The owner is responsible for the comprehensive work in the missions, of their powers under the provisions of the law, including the work already delivered to the PMU or the contractor project management consultant.
Part IV GUIDE On HANDLE FORWARD I. PROCEDURAL TRANSITION PROCESSING, Appraisal, APPROVAL Of INVESTMENT PROJECTS In CONSTRUCTION And The NEXT JOB 1. The investment project of construction was approved before the date the Decree 16/CP effect, but not yet implemented or are incomplete, the implementation of the procedures were done under Decree 16/CP or prescribed before the day the Decree 16/CP effect due to the investment decision. If the investment decision has selected procedure perform the remaining steps as prescribed before the day the Decree 16/CP effect shall continue to follow the rules; If the chosen procedure perform the remaining steps as prescribed by Decree 16/CP, the transition to implementation of Decree 112/CP as instructed in point 2 of this section.
2. Before the date of the Decree 112/CP effect, the project construction has not yet been approved, but the project appraisal and project construction investment has been approved but not yet implemented or is implementing unfinished then not redo the procedure. The remaining procedures are done in accordance with the Decree 16/CP and the content of the additional amendments in Decree 112/CP and guide of this circular.
In the course of project implementation, the case of the project to alter the basic design, the authority to appraise base designs change made under the provisions of Decree 112/CP. II. FORWARD PROCESSING Of BUILDING PERMIT 1. The construction work has been decided and the subject does not have to apply for a building permit under the provisions of the Decree 16/CP, but has built on previous decree 112/CP effect is not permit to build.
2. in case of projects including various works have been decided and there have been a number of public buildings were constructed before the date of the Decree 112/CP effect, if the owner licensing procedure, please build once for all the works of the project, then follow the instructions in point 4 section I and section II section II point 3 circular This, in which both the declaration process has started. The Agency issued a building permit to check compliance with the provisions of the law for those works had started before recorded on content building permit.
3. The works in construction investment projects have been approved before the date the Decree 112/CP effect but not yet built then before construction must apply for a building permit under the provisions of Decree 112/CP and this circular guides except those works do not have to apply for a building permit specified in point 2 of part II of section I This circular.
III. HANDLE FORWARD ABOUT PROJECT MANAGEMENT ORGANIZATION 1. For the Pmu has assigned the owner must then be processed promptly under the provisions of current legislation guarantees the principle of Pmu due the investor established, tasked and checks done.

2. for the Pmu, Pmu specialized areas by the local ministries, was established to manage the many projects they must be converted into consulting organization of professional project management operation under the provisions of the law on business or dissolved. The case of PMU are assigned to manage one or more projects that the project was finished in 2007, the Pmu was exist but must consolidate, arrange for sufficient capacity to implement the remaining tasks left. After project completion, the Pmu must be dissolved or transformed operating under the provisions of the law on business.
Part V ENFORCEMENT TERMS. THIS CIRCULAR REPLACES For The TEXT BELOW 1. Circular No. 08/2004/TT-BXD dated 06/05/2005 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.
2. Circular No. 09/2004/TT-BXD dated 06/05/2005 of the Ministry of construction guiding some of the content on the building permit.
3. Point 3.1 section II on the Pmu of circular No. 12/2005/TT-BXD dated July 15, 2005 of the Ministry of construction guide some stuff about the quality management of construction works and the capacity of individual organizations in building activity.
II. EFFECTIVE 1. This circular has the effect after 15 days from the date The report. The previous provisions on the establishment, appraisal, approval of investment projects in construction; building permit; project management organization of investment construction contrary to the instructions in this circular are repealed.
2. During the implementation process if there are concerns, organizations, individuals submit comments to the Ministry of construction to consider, resolve./.

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