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Circular 01/2000/tt-Bxd: Guide The Management Form Of Investment Projects And Building And Construction Activity Registration

Original Language Title: Thông tư 01/2000/TT-BXD: Hướng dẫn các hình thức quản lý thực hiện dự án đầu tư và xây dựng và đăng ký hoạt động xây dựng

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the Ministry of construction circular forms of project management and construction investment and xâydựng registration pursuant to Decree No. 15/CP on 04/3/1994 of the Government of chứcnăng, tasks, powers and organizational structure of the Ministry of construction.
Based investment management regulation and building attached to Nghịđịnh number 52/1999/ND-CP on 08/7/1999 of the Government.
The Build Guide and the form of the project management and construction operations đăngký as follows: i. the MANAGERIAL FORM of INVESTMENT PROJECTS and CONSTRUCTION 1. The form of project management: 1.1. According to the provisions of article 59 of regulation on investment management and construction kèmtheo issued Decree No. 52/1999/ND-CP on 08/7/1999 of the Government (hereafter referred to tắtlà investment management regulation and construction of 52/CP): depending on the scale , the nature of the programme and their capacity, the owner of choice one of the following forms đểquản project management: direct investment Chủđầu management project Chủnhiệm project Tựthực project handed Keys 1.2. Organizing the activities and construction of the registration forms govern lýdự projects carried out under the regulation and investment management build 52/CP and this circular.
1.3. project management costs follow circular No. 8/1999/TTBXD on 16/11/1999của the Minister of construction.
2. Responsible for the management of the project: 2.1. Owner though applied way to manage the project still have to chịutrách comprehensive responsibilities before the law and the authorities decided to start tưvề the process of project implementation.
2.2. The governing body of the project responsible investor and the French luậttheo are mission delivered owner or the contract concluded with the investor. Khithay organizational change management project, the new organization must be responsible for nhiệmkế the whole excess work of governing.
3. Form of the investor directly managing the project: 3.1. this form is applicable to the qualified owner đểquản professional project management.
3.2. The investor is using qualified his expertise and ngườiphụ responsible for management to implement the project without the project management board.
3.3. the case of the owner are not eligible to the Chief lýthực of the project, the investor established project management, there are đủnăng of professional service to manage the project. Project management ántrong this case the subdivisions, the owner, made the task of the investment doChủ.
Cơcấu organization of the Project Management Board and head of project management by owner tưquyết. After the project was completed, the project management has to be giảithể.
3.4. The task of project management: Căncứ responsibility, investor's rights stipulated in article 14 of regulation manage my investments and build 52/CP, the owner assigned to the management of the following principles: ántrên Nhiệmvụ, powers are delegated to perform the required project management ánphải clear; consistent with the Charter principles, activities and organization of the tưvà the rule of law.
Banquản project must make regular reports mode with the owner. Chủđầu investment must perform the inspection activities of project management and has timely handling tráchnhiệm matters beyond the jurisdiction of the Board of management of the project to đảmbảo progress and requirements of the project.
3.5. Asked about the capacity of project management: project Banquản must have appropriate professional forces to project management ánvà must register at the competent State bodies.
Project management Trưởngban Group A, B must have a university degree, professional phùhợp with the task of managing the project and having to cross the lýdự project management training classes.
4. Form of the Chairman of the project: 4.1. Investor not eligible to directly manage the implementation of the phảigiao project for project management specialization Dean ánhoặc scheduled to hire qualified organization professional to manage the project. The Chairman of the project is an independent entity, and have posted the kýhoạt building.
4.2. The owner form project apply to the following cases: a. The Government projects delivered to the ministries, ministerial agencies, bodies in Chínhphủ, the provincial PEOPLE'S COMMITTEE of management; The project by provincial PEOPLE'S COMMITTEE assigned to cácSở District, County; The project is particularly important because the Prime phủquyết; The aforementioned bodies delivered to specialized project management trựctiếp project management.
b. other projects, the owner has no direct project management ánthì the owner to hire the professional organisations have sufficient capacity to manage the hànhdự thing. The organisation managing the project in this case called "vấnquản project management".
4.3. Content management project: a. project management implementation of content management by đượcgiao mission.
b. operating management consultancy project implemented the content management đãký by contract with the owner.
4.4. the capacity requirements for the form of the Chairman of the project: a. Executive Management Committee and Project Director of project management to the minimum power cónăng as prescribed for the management of the project and head of lýdự project management in section 3.5 above.
b. Executive management consultant project management contractor only proposed operating ánphù with its registered capacity building activity at the nướccó authority.
5. Key form: 5.1. Key form is applicable when the owner is allowed to organize đấuthầu to choose the Contractor made general contractor the whole project from prospecting, thiếtkế, shops, construction materials and equipment until the Commission put the projected mining ánvào use.
Đốivới the projects using the funds provided for in article 10 and article 11 of the Statute of chếquản investment management and build 52/CP then this form only applies to scheduled ánnhóm C, other cases must be prime.
5.2. The owner is responsible for: a. selection advice to make the job of preparing the investment until the đượcphê projects and tenders.
b. implementation of the contract signed with the contractor.
c. capital guarantee for payment under the plan and economic contracts.
d. Organization of work clearance and hand over the premises to the contractor according to the quyđịnh of investment management regulation and construction of 52/CP. e. Perform other functions, duties of the owner under the provisions of phápluật.
5.3. The contractor is responsible to: a. perform the contract signed with the owner, the owner is responsible for the quality of law vàpháp, the volume of works, projects and other provisions tronghợp.
b. the case of subcontract for the subcontracting must then perform the right cam kếttrong tenders and contracts.
c. Bear full responsibility for the quality of the work and the process of programme implementation until delivered to the investor, operate mining project; make bảohành work and the mode of insurance as required by law.
6. Form of the self project: 6.1. Investors have sufficient operational capacity to produce, build, managed in accordance with yêucầu of the project is to apply the free form of the project.
This Hìnhthức apply to: capital Programme of major investors including self (the cumulative capital từlợi is the profit of the business), which lends itself to self pay no guarantee of Nhànước, mobilized from other sources;

Cáccông the maintenance regular maintenance of the buildings, the bịsản; The work taking care of crops every year.
6.2. When implementing self-service project (self-produced, self build), owner of đầutư are held closely monitor the production, construction and be responsible for nhiệmtrước the laws on product quality, the quality of construction works.
6.3. The owner may use his management or use directly under the Programme Management Committee to manage the implementation of the project, in compliance with the provisions of the French luậtvề product and quality management of construction works.
II. REGISTRATION of BUILDING 1. Object construction: registration 1.1. According to the provisions of articles 14, 15, 16 of the regulations on investment and construction of dựngban attached to Decree No. 51/1999/ND-CP of the Government, the institutions, in below to register the building activity at the State Agency has thẩmquyền: a. The governing body of the project according to the four forms of project management; trườnghợp owner uses his staff to directly manage the project registered investment thìChủ.
b. The organization of construction investment provisions in article 15 and the xâydựng business prescribed in article 16 of regulation in investment management and build 52/CP. 1.2. foreign contractors winning bid, the 100% foreign company, the joint venture between Vietnam companies. and abroad construction activity in Vietnam, đăngký construction activities as required.
1.3. Enterprises perform construction activities registration before registering, importing about building, construction investment;
Cáctổ project management officials prior to registration activities xâydựng herewith;
Trongquá works if there are changes or capacity expansion, construction of unAmerican activities sector to supplement subscription.
1.4. The liability of the registered object: a. complete a registered building activities and is responsible for dungđăng the sign; send the registration building activity to the competent đểxác authority; filing fees as required by law.
b. The organization, no business building activities outside the scope.
2. The authorities competent to manage building operations: registration 2.1. Ministry of construction management functions of State building, guide, polygraph the Organization of construction works registered within the country; Directly registered uk construction activity for the Organization of the project management, the Organization of construction investment, enterprises have dựngthuộc action ministries, ministerial agencies, government agencies, central agencies củacác political organization, social-political and other social institutions the Tổngcông company, led by the Prime Minister decided to establish.
2.2. Building Facility helps people's Committee, the city in Central chứcđăng signed the construction activities for the Organization of the project management, the UK investment consulting, construction enterprises, construction activity outside of cácđối objects referred to in item 2.1 above and other objects due to local lậpvà directly managed , under the guidance of the Ministry of construction.
2.3. the Agency's responsibility to manage the registration of building activity: a. provide in the registration form, the registration organization building activity in accordance with the regulations;
b. check periodically or irregularly fulfilling registered building activities, identified by the breach, processed under the authority or recommend handling according to law.
c. periodic report 6 months and a year according to the model in annex 2; Construction method of cácđịa reported on the Ministry of construction, General construction Ministry report to the Government.
3. registration procedure: Cáctổ business building activities registration form in Appendix No. 1 to this private củaThông.
Đăngký construction activities be made into 2 a, 1 a registered object keeps, 1 a save at the Agency confirmed.
Types of registration to the competent authority (Ministry of construction or building) to đăngký and the specific instructions to the register write the information in the correct quyđịnh; then complete and submit a registration to the Agency building the right cóthẩm to confirm. Within 10 days after receiving a post kýhợp, the competent authority completes the registration validation xâydựng and sent to the registered object.
III. test, inspection and HANDLING VIOLATION 1. Test, inspection: 1.1. building management bodies of the local and industry, the Agency confirmed post construction kýhoạt are responsible for checking the implementation of this circular.
1.2. the building inspector level perform the inspection of the circular nàytheo the decision of the authority and must inform the audience about the Ombudsman law tratheo bar.
1.3. Test subjects, the inspector responsible for the report, provide data according to the yêucầu of the Agency inspection, inspections as required.
1.4. The inspection, the inspector must be concluded in writing, if there are insufficient thìphải be handled according to law.
2. Handle the violations: 2.1. construction management agency granted, the investor, the programme implementation management organization, the Organization of construction investment, construction businesses and the UK, the individual concerned if done left this circular, depending on the extent will be xửlý according to the law.
2.2. business organizations registered no building activity or operation beyond quáphạm vi signed, causing trouble, and works to life, your sảncủa State and the people, the authorities registered building activities, cơquan the local construction management is handled by the authority or the request cóthẩm the right to handle according to the law.
IV. IMPLEMENTATION 1. Force: Thôngtư this effect after 15 days from the date of signing and replace the text by the Minister the Ministry of construction has issued previously: circular No. 18/BXDVKT on 10/6/1995Hướng lead made the form of management organization of investment and construction projects; Decision No. 19/BXDCSXD on 10/6/1995 issued regulations and posted kýhành trades construction advice; Decision No. 500/BXDCSXD on 18/9/1996 hànhQuy registration processing and board certified to practice building.
2. Handle forward: 2.1. Forms of project management was decided by Decree No. 42/Cp 16/7/1996 and Decree 92/CP dated 23/8/1997 still works under the địnhcũ until the end of the project. The form of the management of the project was quyếtđịnh according to the provisions of the regulation on investment management and build 52/CP, theoThông made this investment.
2.2. The organizations, enterprises have been granted the certificate of practice building, xâydựng advice by decision No. 500/BXD-CSXD on 18/9/1996 and decision số19/BXD-CSXD on 10/6/1995, is regarded as registered building activities.
2.3. Enterprises are in business of building, construction and consulting project chứcquản are active but have not yet registered, then building activities registered thựchiện herewith before the third quarter of 2000.
 
Appendix 1 (attachment to circular No. 01/2000/TTBXD on 01 March 2000 of the Minister of construction) of the SOCIALIST REPUBLIC of VIETNAM independence freedom happiness REGISTERED Organization Name CONSTRUCTION ACTIVITY. business: decided to lậpsố:: Business Class: Head Office: phone number : Fax: confirmation of The CONSTRUCTION ADMINISTRATION building (or SởXây) confirmation of registered building activities.
Registration number: registration is priced from trịhiệu on: ....., on may Thủtrưởng

                                                                         (name, stamp)
I. the CONTENT ĐĂNGKÝ of the ORGANIZATION, the BUSINESS SECTION NĂNGLỰC: capital: total capital business: Number and address tàikhoản: total, côngnhân staff in the unit (not including people outside and payroll tácviên): technical force thuậtphân area according to the lines: TT Technical University lines over intermediate technical workers other Type 1 build 2 hydraulic 3 Delivered 4 5 6-Mechanical Electrical Plumbing 7 8 9 economic architecture 10-environmental geology 11 Agriculture 12 other lines some chínhphục equipment for construction activities: TT name and code number of device's operational capacity notes 1 2 3 ...        
B. SECTION OPERATING RANGE: Uk business, the actual capacity of the bases themselves, against the circular số01/2000/TTBXD ngay01 March 2000 of the Minister of construction to register the nộidung construction activities accordingly, according to the principle: to register the contents would had professional forces thìphải techniques and experience to perform the đóđảm quality content as defined by the State.
1. Registration and project management consulting activities in investment construction (registration management group project implementation project; consultancy activities registration đầutư build according to the type of consulting service, the type and level of works): ... ...
2. Xâylắp registration of works (register by type and level works): ... ...
3. độngTổng construction contractor registration (register as a group project, the type and level of works): ... ...
I'm good tráchnhiệm about the whole content of this submission.
                                                                                     Heads of unit (name, stamp) c. ADDITIONAL SUBSCRIPTION (Just write the content changed in comparison with previous registration): 1. additional section A: ... ...
2. additional section B: ... ...
I'm good tráchnhiệm about this additional subscription content.
                                                                                                Thủtrưởng (name, stamp) CONFIRM the REGISTRATION of ADDITIONAL BUILD notes: Nhómdự of the judgment under the provisions of the regulations on investment and build 52/CP;
Loạicông, the level of works according to the technical standards and building standards dựngViệt South;
Hạngdoanh career according to circular No. 17/1998/TTLTBLĐTBXHBTC 31/12/1998của The Lao độngThương binhXã Assembly and the Ministry of finance.
II. LIST of ADMINISTRATION OFFICIALS, PRIMARILY TECHNICAL Đốivới enterprise, consulting organizations, including: the Director; the Deputy Director in charge of engineering and kinhtế, technical manager, the Chief Designer, đồán design, construction, head of project management.
Đốivới project management organizations include: the Director and the Deputy Executive Director (or head of Department Deputy Chief of vàcác), the Chief (or ban).
Số tt Họ và tên Chức vụ Trình độ chuyên môn, bằng cấp Thâm niên nghề nghiệp
1        
2        
3        
4        
5        
6        
7        
8        
9        
...        
Appendix No. 2 (together with circular No. 01/2000/TTBXD on 01 March 2000 of the Minister of construction) to REPORT the SITUATION REGISTERED at the ĐỊAPHƯƠNG BUILDING ACTIVITY (six months and 1 year) dear: The construction of the reporting agency Name: ã Trụsở ' ã: Sốđiện: FAX: Tìnhhình ã ' registration of local construction total number of registered object: register sign in for the first additional registration number ended operations in States the number of violation of regulations in the period i. institutions, State enterprises: ã management activities of the project: ã the investment advisory activities in building construction works: General Contractor: activities: II. The institutions, enterprises in the other economic sectors: ã management activities of the project: ã the investment advisory activities: construction activity: ã ã works general contractor: total: I'm good tráchnhiệm about the content of this report.
                                                                                                ................., the day of the month ... ... ... ... ....
                                                                                                            Thủtrưởng cơ quan
                                                                                                             (Ký tên, đóng dấu)