Circular No. 08/2004/tt-Bxd Dated: Some Guidelines About Content Creation, Appraisal, Approval Of Investment Projects In Construction And Process Forward Made The Decree No. 16/2005/nd-Cp On 07/02/2005.

Original Language Title: Thông tư 08/2005/TT-BXD: Hướng dẫn một số nội dung về lập, thẩm định, phê duyệt dự án đầu tư xây dựng công trình và xử lý chuyển tiếp thực hiện Nghị định số 16/2005/NĐ-CP ngày 07/02/2005 của...

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CIRCULAR 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 pursuant to Decree No. 36/2003/ND-CP dated 4/4/2003 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;
The Build Guide and some content about the creation, appraisal, approval of investment projects in construction and handling the transition from implementation of investment management regulation and building attached to the Decree No. 51/1999/ND-CP, no. 12/2000/ND-CP, number 07/2003/ND-CP (here abbreviated ND 52/CP , ND 12/CP, ND 7/CP) to implement Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction works (hereinafter abbreviated as ND 16/CP) as follows: part I GUIDE SOME CONTENT ABOUT creation, appraisal, APPROVAL of INVESTMENT PROJECTS in CONSTRUCTION of i. reporting construction works and ask permission first were the provisions of article 4 of the ND 16/CP: 1. The owner held up or hire qualified advisory capacity in conformity with the work project construction investment to establish the report construction investment, the authority consider allowing investments.
2. for an important national project and the project group A consists of many components, project if each project component can independently operate, exploit, then in addition to the contents specified in paragraph 2 of article 4 ND 16/CP content in the report construction investment also must clearly define independence when operated exploitation.
3. With regard to the work required to implement the architecture in the content of the report construction investment is stated to be the form, time and funds held examination.
4. Please allow construction works specified in point a of article 4 paragraph 3 ND/CP 16, as follows: the investor is responsible for sending the report to the construction investment management industry. For example, the project to build the cultural works sent to the Ministry of culture and information; the investment project of construction of health sent to the Ministry of health; the project to build the communications sent to the Ministry of transportation; the investment project of construction of telecommunications, postal delivery to the Ministry of post and telecommunications; ...
The number of reported construction investment was set a minimum 9 foot.
The sector Manager is the clue to help the Prime Minister taking the opinions of the ministries, local project-related and General reviews, suggested the Prime Minister's comments.
The case of investment projects in construction related to many major industry Manager has the deciding factor about the nature and goals of the project are the focal agencies consulted the local ministries, relevant to synthetic and project proposals, the Prime Minister's comments.
II. On the base to set up the basic design of the project construction works specified in article 7 of the ND 16/CP: 1. for those works not reporting construction investment but in the object must implement the architecture as defined in item 1 Article 26 of the ND 16/CP or for those works that the owner see necessary examination of architectural design, the owner reported the investment decisions consider, decide the examination, form, time and funding organizations implement architecture.
The examination architecture design made according to circular No. 05/2004/TT-BXD dated 12/4/2005 of the Minister of construction guidelines examination the architectural design of buildings.
Architectural design approach was chosen as a base to set up the basic design of investment projects in construction.
2. for works not implement architecture or no requirements on the architecture design consulting organizations are choosing to set up the basic design to the base mission design has been approved by the owner, set up a number of schemes designed to the owner the choice of optimal design approach as a basis for the preparation of the basic design.
Funding for the implementation of the design is included in the cost of the basic design of the project.
III. On the evaluation of investment projects in construction works specified in article 9 of the ND 16/CP: 1. The investment decision indicated the unit directly under the Professional do clue project appraisal organization before approval.
2. Investors submit project profiles (including part demonstration project and the design basis) to decide to organize investment appraisal. The own project by the prime investment decisions, then the owner of the project profile submitted to the focal unit organized the project appraisal is the authority on the project due to the Prime Minister established to assess. Capital projects funded by the Chairman of the provincial people's Committee decided to invest, then the owner of the project profile submitted to the focal unit organized the project appraisal is the Department of planning and investment to appraisal.
3. The project by the prime investment decisions; the group projects A use which the State budget by the Minister, the heads of ministerial agencies, government agencies, the financial administration of the party, the central organ of the Organization of social-political, social-political organizations (hereinafter referred to as the Ministers, heads of ministerial agencies) , Chairman of the provincial people's Committee decided to invest the clue unit project appraisal project profile submitted to the ministries, local content relevant to the appraisal of projects to get comments.
4. for the project construction investment group B, C use State budget, the evaluation of the project are as follows: a) The project by Ministers, heads of ministerial agencies decide investment or mandated investment decision for the direct subordinate agencies, the specialized units assigned focal organization to project evaluation the people who review investment decisions, decisions.
b) project by the Chairman of the provincial people's Committee decided to invest, authorisation or investment decision hierarchy for the direct subordinate agencies and projects by the Chair of the people's committees at district level, social investment decisions, the focal unit project appraisal project profile submitted to the Department Departments to get comments on the content relevant to the appraisal of projects and may invite representatives of the Facilitator, capable professionals join the project appraisal.
5. for projects using the other sources of capital, the investment decisions of self evaluation organization, project approval and responsible about their decision.
6. focal unit project appraisal organization is responsible for submitting project profiles (including part demonstration project and the design basis) to the competent authorities appraise the design basis of the provisions of article 9 of the ND 16/CP to appraise base designs according to regulations; at the same time the project profile submitted to the Agency, the relevant units to get comments on the content related to the project. Process design of sheet base according to the model in annex 1 of this circular.
7. The project evaluator is responsible for synthesizing the opinions of the authority, relevant units and valuation results the basic design to evaluate and suggest ideas to the investment decision to review the decision.
Report results evaluation of investment projects in construction was established according to the model in annex 3 of this circular.

8. About the authority base design for the project of Group A are specified in point a, d, e of article 9 paragraph 4 ND 16/CP:-The organization of industrial design basis of the investment project of construction of mines, oil and gas, power plants, electrical transmission lines , transformer stations and industrial majors except industrial building materials.
-Ministry of construction organization design basis of the investment project of construction of civil works, construction materials industry, urban infrastructure (including the works: summer, water supply, urban roads, drainage, lighting, parks, trees, urban garbage disposal, cemetery , parking in the town) and the project to build other buildings due to the Prime requirements.
-Investment projects for construction works related to many disciplines, the basic design of content relevant to The would be stipulated in paragraph 4 of article 9 ND 16/CP, then that is the clue design evaluation organizations facilities of the project. Its basic design evaluator is responsible for obtaining the opinion of the Ministry regarding the main technology, ministries, departments and local content relevant to the evaluation of the basic design.
9. About the authority base design for the project group B, C are specified in point a, d, e clause 5 article 9 of ND 16/CP:-industrial design evaluation organizations facilities of the project to build the mine, petroleum, electric power plant , power lines, substations and industrial majors except industrial building materials.
-Department of construction organization design basis of the investment project of construction of civil works, construction materials, industrial and investment projects to build other buildings due to the Chairman of the provincial people's Committee asked.
Private basic design technical infrastructure works in local municipalities (including the works: summer, water supply, urban roads, drainage, lighting, parks, trees, urban garbage disposal, cemeteries, parking in the town) by the Department of construction, the main Department or the Department of transportation organizational fit assessment function the mission, led by the provincial people's Committee.
-Investment projects for construction works related to many disciplines, the basic design of content relevant to the Department would be stipulated in paragraph 5 of article 9 ND 16/CP, the Facility that is the clue design evaluation organizations facilities of the project. Office Basic design evaluator is responsible for obtaining the opinion of the Department related to the main technology sections and departments, other departments have evaluators content related to the basic design.
-For investment projects of building complex engineering projects, applying new technology, high technology, then the Department has authority to appraise base designs may report the provincial people's Committee recommended The competent evaluators to design the corresponding basis according to the provisions of paragraph 4 of article 9 ND 16/CP organization design basis that project.
10. Assessment Agency design basis has the responsibility to send the results to verify the basic design to the evaluator the project according to the time specified in paragraph 8 of article 9 ND 16/CP; at the same time send a copy to the local building Department where the construction works.
Results evaluation of the basic design was created according to the model in annex 2 of this circular.
IV. About content design basis of the provisions of article 10 of the ND 16/CP: content base design appraisal in project construction including: 1. The suitability of the design basis with industry development planning, building planning. The reasonable layout, online works, the connection point with the technical infrastructure works, ....
2. Fit of the basic design with the project's presentation on building scale, technology, design capacity, level of works; the figures used in the design; the standard rules, the applicable standards.
3. Fit of the basic design with architectural projects were selected through examination for case examination architecture design.
4. The criteria applied in the solution design.
5. eligibility the capacity building activities of consulting organizations, individual practice competencies project and design basis according to the rules.
V. About creation, appraisal, approval of the technical-economic report of construction works specified in article 12 of the ND 16/CP: 1. About establishment of the technical-economic report construction: a) the works do not have to set up projects that simply reporting technical-economic construction to the person approving investment decisions including:-buildings for religious purposes;
-New construction headquarters has a total investment of under 3 billion;
-Social infrastructure works have a total investment of under 7 billion capital budget is not the purpose of the business, consistent with the master plan of socio-economic development, building and planning has advocated investing or have been arranged in the annual investment plan;
-New construction, repair, improvement and use of capital budget, consistent with the master plan of socio-economic development planning, building, there was a clear and investment undertakings investment efficiency, have a total investment of below 5 billion.
-Other building works not in the above mentioned case has a total investment of below 5 billion, depending on the particular case to decide the investment consideration, decided to establish investment projects in construction or technical-economic report building and clarification of effectiveness before deciding to invest in the construction works.
b) contents of the technical-economic report construction was established under the provisions of paragraph 4 to article 35 of the law on construction.
When making design drawing in economic report-construction techniques can use design patterns, design by competent State bodies. Case design, typical design, the design consultant is the owner of options set a number of options designed to the owner the choice of optimal as a base for the development of design drawing.
c) for the only economic report-technical construction drawing design that does not do the facility prescribed in clause 5 article 9 of ND 16/CP appraisal, the owner must apply for a building permit under the regulations, except for technical infrastructure works (including works : Waste treatment plants, landfills, water supply, sewer, road, Canal, ditch, ...) have a total investment of below 5 billion belonging to the commune of the remote areas, do not violate the protected area of the cultural heritage, historical-culture.
d) for projects only stores chain technology equipment, no construction has only installed, then the contractor construction set construction drawing design and equipment installation to the estimation process of the investment decision, approving evaluation organization. If the equipment alters the structure and architecture of construction works was browsing, the owner must apply for a building permit under the regulations.
2. economic report on record-construction technique: a) the client is responsible for applying economic report-construction techniques to the investment decision to organize due diligence, approval.
b) economic report profile-engineering construction process include:-the approval Sheet economic reports-technical construction according to the model in annex 4 of this circular.

Report-economic-construction techniques including presentation and construction drawing design.
-The relevant legal texts.
c) for capital works budget has a total investment from the 500 million or more, when you send the report of technical-economic construction to the investment decision, investors at the same time the economic report-construction techniques to the competent Departments design basis prescribed in paragraph 5 of article 9 ND 16/CP to design drawing.
The evaluation sheet of the drawing design according to the model in annex 5 of this circular.
3. About the organization assess the economic report-construction technique: a) for investment projects, capital construction budget, the people decided to invest himself held economic report-evaluation of civil engineering works, the competent Departments design basis prescribed in paragraph 5 of article 9 ND 16/CP design construction drawings for the project total investment from 500 million or more. The only investment approval decision report technical-economic construction after the results of the evaluation of the economic report-construction techniques and results evaluation of construction drawing design.
b) for investment projects, capital construction budget has a total investment of under 500 million or the use of other sources of capital investment decisions people organize themselves in economic report-evaluation of civil engineering works, the owner held drawing design works in the investment decisions of approval.
c) content of the appraisal report of technical-economic construction is done according to the content of the provisions in paragraph 4 to article 35 of the law on construction.
d) content evaluation of construction drawing design:-compliance with construction standards and building standards are applied.
-Conformity of construction drawing design with architectural projects were selected through examination for case examination architecture design.
-The rationality of the design solution, composition, reviews the level of safety of the works.
-The reasonable of the selection line and technology equipment (if any).
-Protection of the environment; Prevention of fires.
4. time economy-report appraisal of civil engineering works and construction drawing design respectively as the time for the assessment project group c. 5. Key construction drawing design is responsible for sending the results of the evaluation to the investor to General, reviews proposed comments to people who decided to invest considering the decision.
Results evaluation of construction drawing design was created according to the model in annex 6 of this circular.
VI. About creation, appraisal, approval of investment projects in construction using ODA capital: 1. content creation, appraisal, approval of investment projects in construction using ODA to be made under the provisions of the law on construction as for projects using the State budget and adding content related to ODA.
2. Order procedure, competent evaluators, project approval is done according to the provisions of the law on management and use of official development assistance resources. Competence assessment, content evaluation design of the project and the project managers are made according to the provisions of the law on construction and ND/CP 16. where international treaties on ODA has been signed between the State or the Government with donor provisions shall comply with the provisions of international treaties.
 
Part II the GUIDE MADE the TRANSITION FROM IMPLEMENTATION of ND 52/CP, ND 12/CP, ND 7/CP to PERFORM ND 16/CP i. forward implementation of the provisions of investment project management of construction works according to the ND 16/CP: 1. The investment decision is responsible for reviewing the decisions made project management construction works according to the ND/16 CP ensures the following principles: a) Not disrupt the work.
b) guarantees and the efficiency of the project.
2. For projects of national importance have been passed by Congress and allows for investment undertakings investment; the project construction investment group A were Prime for investment before ND 16/CP effect is not reporting construction investment as defined by ND 16/CP. The subsequent work done according to the regulations of the ND 16/CP. 3. The national important project, the project group A has the authority to ask for permission to invest before ND 16/CP effect but have not been verified and allows the investment is not set and the back; the evaluation and allow investment to be made according to the rules before the ND/CP 16 are enforceable. The next work is done according to the regulations of the ND 16/CP. 4. The project was approved, the projects are organized, the project appraisal but not yet approved, the projects are implemented, then discards the next job done as prescribed before ND 16/CP has effect.
Cases deemed necessary to perform the work not yet implemented or are making enquiries in accordance with provisions of the ND/CP 16, then the review investment decisions, decisions.
5. for the project have not yet held, the appraisal Foundation, appraisal, approval and project management of construction works done according to the regulations of the ND/CP 16. II. On transition condition of capacity building activities in: 1. The conditions of competence of the Organization, the individual building activity is performed according to the regulations of the ND 16/CP for the local Department in remote areas, the management of the project, the contractors have not have qualified under the provisions of the ND/CP 16, then the investor reporting process the decision investment, processing and synthesis of the Ministry of construction.
2. The individual when construction activity requires a certificate of practice made under regulation certification practice supervision of building works issued pursuant to decision No. 12/2005/QĐ-BXD dated 18/4/2005 and practising certificate regulation of architects, engineers, construction works issued pursuant to decision No. 15/2005/QĐ-BXD dated 25/4/2005 of the The Minister of construction.
This circular has the effect after 15 days from the Post Gazette. In the process if there are obstacles, agencies, organizations and individuals submitted comments on the Ministry of construction to consider, resolve./.
 

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