Circular 04/ttlb: Guidelines For Implementing The Charter And Management Building Attached To Decree No. 42/cp 16/7/1996 Of The Government

Original Language Title: Thông tư liên tịch 04/TTLB: Hướng dẫn thi hành Điều lệ quản lý và đầu tư xây dựng ban hành kèm theo Nghị định số 42/CP ngày 16/7/1996 của Chính phủ

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CIRCULAR guiding the implementation of the Charter investment management and building attached to the Decree 42/CP 16/7/1996 of the Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on July 16, 1996, the Government signed Decree No. 42/CP issued in terms of investment and construction management (hereafter abbreviated as & ĐLQLĐT XD 42/CP) Chartered alternative investment management and building attached Decree 177/CP dated 20 October 1994 from the Government.
Implementation of article 3 of the decree and article 59 of ĐLQLĐT & XD 42/CP, Ministry of construction, Ministry of planning and investment, Ministry of finance general instructions some principal issues (in addition to the private tutorial content each sector according to the functions of the relevant Ministry) to replace the circular set of Ministry of construction-the State Planning Commission, Ministry of Finance No. 03/TTLB dated 25-1-1995 as follows: i. SCOPE of & ĐLQLĐT XD 42/CP: 1. Based on the content of ĐLQLĐT & XD 42/CP, the following projects in the scope of this Charter: a) investment projects developed in every capital of the economic component, which includes both the use of State capital projects to shop equipment machines do not need installation.
b) construction investment projects using state capital in the national program.
c) planning projects for socio-economic development of the region, the territory; development of the industry.
d) The project planning urban and rural construction.
2. Article 3 of the base ĐLQLĐT & XD 42/CP, depending on the nature of each project, the projects are managed according to the following principles: a) for investment projects not using state capital, the State only managed about strategic objectives of social-economic development; planning and development plans, industry, planning and territory planning, urban and rural construction, the construction standards; construction standards; technology selection; use of land resources; environmental protection, ecology, technical design, architecture; construction and installation; insurance, maintenance works and the social aspects of the project when the investment decision.
The owner has the responsibility to obtain investment licenses as defined in point 2 of article 7 & ĐLQLĐT XD 42/CP. b) for investment projects using state capital, in addition to the content management as for the project cannot use the State capital, the State still manages about the financial side , price and economic efficiency of the project.
c) for the following projects have separate instructions:-The investment project of Vietnam representative agencies abroad.
-Investment projects using ODA capital sources.
-The investment project procurement computer software, copyright ownership, invention ...-investment projects require secrecy in security, defense, made in accordance with decision 446/CP on 7/8/1995 of the Prime Minister.
II. The INVESTOR INVESTMENT PROJECTS USING STATE CAPITAL for investment projects using state capital, the investor must be a responsible person in the comprehensive project organization, project implementation and put the project into operation; at the same time, the owner is also responsible for directly managing the use of private capital and return the investment in time (for the projects must payback according to regulations); who has the authority to decide the investment doesn't do function, the duty of the owner of this investment project.
III. TOTAL INVESTMENT 1-total investment is limited to the maximum costs that the Authority decided to allow the investor to choose the investment project implementation under article 1, point 8 of the ĐLQLĐT & XD 42/CP. 2-total investment includes costs for the preparation of (investment survey , and project appraisal), investment costs (construction, procurement of equipment and other related expenses); the cost of insurance, settlement and auditing works; the cost of preparing the operation put the project into operation, use (costs of training, testing, hiring professionals operate in the time trials, the initial capital to prepare the production ...) including the costs incurred by the sliding element price, the cost of redundant due to changes in volume, interest in construction period the cost of insurance. Detailed content total investment under the guidance of the Ministry of planning and investment.
3-in the process of implementing the investment must ensure the principle of not exceeding the total investment approved for the projects that are primarily balanced funds in the State budget. Special cases exceeding the total investment, the investor is the person who has the authority to review investment decisions. In that case, an azimuth resolution authority can adjust the investment objective and investment capital reduction by increased processing power of project or funding of the plan are the operating divisions.
 
IV. ABOUT PROJECT CLASSIFICATION and AUTHORISATION of INVESTMENT DECISIONS 1-Appendix classified projects accompanied by ĐLQLĐT and XD 42/CP, the total investment of the project have included land use rents, water, sea, the continental shelf, airspace (if available).
Investment projects in the Group B of the remaining sectors not yet mentioned in the category the project belongs to group A regulations in annex classify investment projects of ĐLQLĐT & XD 42/CP projects processing agricultural forestry and light industry products, basin, porcelain, glass, paper, leather, textiles, apparel fisheries, chemistry, pharmaceuticals, medicines ...
2-investment projects below 50 million, set content report feasibility studies are simply under the guidance of the Ministry of planning and investment to make the technical design base and total investment decision process considering approval.
3-The project planning urban and rural construction, content reporting feasibility study under the guidance of the Ministry of construction.
4-investment decision and authorized: authorized investment decisions and the authoritative investment decisions are made according to article 7 of the ĐLQLĐT & XD 42/CP, including: a) the investment authority of the ministries, ministerial agencies, government agencies are understood to include both the Central Agency of the political organization and socio-political organizations (Financial Management Committee the central value, the Vietnam Fatherland Front; Vietnam General Confederation of labour; Vietnam Women's Union; The Communist Youth Union Ho Chi Minh. ...).
b) jurisdiction projects investment decision of the ministries, ministerial agencies, government agencies are not authorized to lower levels or the function body directly (service, Institute, Center, ...) decided to invest; except for the Directorate and the Department directly under the Ministry of the Minister may be authorized to decide on the investment project in Group c. the Own project group B before investment decisions need to be unanimous opinion by the Minister of planning and investment, investment planning and management industry Minister of industry development planning and content of technical economics projects, including the projects of the Group B authority investment decision of the Board of the Corporation was established by decision 91/TTg dated 7 March 1994 from the Prime Minister's.
c) investment projects established a joint venture company between enterprises in water production and business objectives in the sector would be the primary industry management that decided to invest in projects in the Group B and c. d) projects under the jurisdiction of provincial investment decisions , central cities are not authorized for the function bodies (departments, sectors ...) investment decisions, except the County of the district under the provisions of the following:-the President of the people's Committee of Hanoi and Ho Chi Minh City are authoritative for the Chairman of the district people's Committee , the district decided to invest in the project, the level of capital below the 2 billion.

-The provinces and cities under central rest, Chairman of the provincial people's Committee is authorized for the President of the people's Committee of the district, County, decided to invest in the project, the level of capital below 500 million.
-The level under 2 billion and 500 million mentioned above is the maximum level. Depending on the specific conditions of each locality, can lower levels of authorization.
Chairman of the provincial people's Committee, the central cities may authorize the Director of the Department of construction management majors in engineering and design approval of estimation of project works in the investment authority of the province or city.
e) the Board of the Corporation, established by decision 91/TTg dated 7/3/1994 of Prime was deciding the project group B (except ODA) have small capital levels more than 50% of the respective capital projects in the Group B defined in annex classified projects accompanied & ĐLQLĐT XD 42/CP and is entitled to the investment decision projects in the Group C, in particular as follows:-for the project on irrigation, traffic (except for ports, airports, highways), water supply and technical projects in urban infrastructure, industry, electrical engineering, electronics, Informatics, mechanical works, materials production, post and telecommunications. The Board of the company decided to invest in the project, the level of capital below the 100 billion.
-As for the projects in the Group B of the rest of the industry, the Board Of the company is entitled to decide on the investment projects with capital levels under 50 billion.
-Special cases other than those specified above must be prime.
-The Board of the Corporation may authorize the Director General or Director membership Unit decided to invest some 15 billion under the project (for project team C, item a); under 10 billion (for the project group C, item b) and under 4 billion for projects in category a and C not group items above in Appendix b classification project of ĐLQLĐT & XD 42/CP. g-for the ODA project in Group B, the Minister of planning and investment, investment decisions or may authorize the superior Agency owner's investment decision after the evaluation of the project as specified in point 3, article 15 of the ĐLQLĐT & XD 42/CP. Ministry of planning and investment guide content-specific evaluation of the project.
h-project for the development of social economy, region, territory; development of industries planning costs from 1 billion or over must have a uniform opinion of the Ministry of planning and investment. For the project planning urban construction planning cost levels from 500 million and over must have a uniform opinion of the Ministry of construction.
V. ABOUT INVESTIGATIVE WORK PLANNING, survey, planning: 1-capital plan for joint survey planning economic and social development of the territories by the Ministry of planning and investment, capital management to implementation.
Cases of mandatory State ministries implement the Ministry of planning and investment balance of capital for The industry, which in the annual plan.
2-capital plan for the survey created by sector development planning Ministry of planning and investment needed for annual investment by the industry to implement.
3-capital plan for joint survey on local urban planning proposals require. The General construction plans in the country, the Ministry of planning and investment and balanced decentralization plan management as follows: a-survey region construction planning and overall planning of the municipality from the provincial level and above, The hạoch Design and balance investments directly for the construction budget implementation.
b-survey detailed planning in the municipality from type 2 or over, the municipality (town level) contains the national transportation axis passing through and by the Ministry of urban construction and management of State capital balance each year for implementation.
c) survey the overall planning and detailed planning of the municipality under the provincial level and the detailed planning of the municipality, the capital under type 2 due to local implementation and organization management be balanced every year by the local budget funds.
4-survey planning and programs to the countryside through the program, the State-level projects, the Ministry of planning and investment of capital balance for the State sector, delivery of the program, presided over that project to implementation.
 
VI. ABOUT the CONSTRUCTION of AUXILIARY and TEMPORARY housing CONSTRUCTION WORKERS Must make clear the need for the construction of temporary housing, construction workers in the feasibility study report of the project. Based on the required scale, kind of. Who has the authority to decide the fixed investment costs necessary or as the rate% construction value for ancillary zone construction, temporary housing and follow the following rules: 1. With respect to the project are tender, then the cost of the construction of auxiliary temporary housing, is included in the price of the package.
2. Special cases, a number of large-scale projects was the prime contractor shall specify the allowed the costs listed above are managed according to the principle: a) on the construction of ancillary costs the investment decisions based upon costs necessary or the rate% of the value of construction was approved in the project feasible to lease package for singles construction unit.
b) temporary housing costs of construction workers based on essential needs but does not exceed 2% of the value of construction and installation and only apply to new works started in the far, the residential routes (roads, canals level I, lines, forestry roads); not applicable to works in the city, town, commune and residential focus.
c) method to allocate the expenses comes on is done in each phase of construction preparation time with varying stock package, construction units are actively used according to the purpose, if save temporary housing costs of construction workers are put on the unit's Welfare Fund If saving the cost of ancillary zone shall be brought to the development of production of the unit.
 
VII. COSTS of APPRAISAL and INVESTMENT CONSULTANCY, construction; INSURANCE COSTS, Settlement, Auditing WORKS 1. Cost evaluation and investment consultancy, building by the building regulations after reunification with the Ministry of planning and investment and the Ministry of finance. The cost of construction, investment is defined through bidding selection advice.
2. The level of insurance costs, costs for audit work and settlement construction by the Ministry of finance regulations.
3. The management and use of cost evaluation and consulting, auditing, settlement buildings, projects already completed should follow the rules of financial accounting mode of System State and subjected to testing, monitoring of the competent financial authorities.
4. where after the assessment, if the project is not approved, then the capital investment in the project would be to offset the cost of assessment and advice prepared by investment funds.
 
VIII. PROCUREMENT And SPECIFY The CONTRACTOR 1. Investment projects using state capital, the investor must hold a tender according to the bidding rules attached to Decree No. 43/CP dated 16 July 1996 from the Government.
The Ministry of planning and investment, coordinated with the Ministry of construction, Ministry of Commerce, guide and check out the selection of consultants; construction bidding; procurement of equipment, and report the results of general regulations fight master of the Ministry and the local government.

2. Minister of industry managers, heads of government agencies, the central authority of political institutions and social politics; Chairman of the provincial people's Committee, the central cities decided to assign the bid according to the bidding rules. The levels above investment decisions are not authorized or appointed contractors are divisions of the following projects:-project research nature, testing;
-The project urgency due to natural disaster, the enemy of painters;
-The project has national confidential nature, Security Defense (including national secret projects and projects in security, confidential defence).
-The project has little value under 500 million.
-Own a number of projects have special nature must be the Prime allows for each new specific projects be made specified method.
 IX. TECHNICAL MANAGEMENT, the QUALITY of CONSTRUCTION WORKS and WORKS 1-the management techniques, and build quality works done according to the provisions of article 33 and 34 of the ĐLQLĐT & XD 42/CP and the Charter of quality management of construction works by the Ministry of construction issued.
2-for some important projects or complex technical requirements established the Council of State to conduct trials to check consider the work experience of the client, then the Organization of the activities of the Council, and the level of operating costs of the Council under the guidance of the Ministry of construction.
X. ON THE FUNDING ADVANCE; PAYMENT And SETTLEMENT 1. Advance funding: a) for the project, procurement of equipment and construction bidding, the capital advance made only after the contractor has performed the contract of guarantee.
b) for project selection advice, then the advance which only made after consulting services contract was signed.
c) The advance funding for the work of the compensation, the clearance had been done on the basis of which the compensation has been approved by the authorized. Minimum advance capital levels by 20% of the capital plan expenses compensation, clearance of the year plan.
d) The advance funding for the costs of project management is done under the guidance of the Ministry of finance.
2. Terms of payment: payment of the completed construction products made under point 1 Article 35 of & ĐLQLĐT XD 42/CP, including: a) payment: construction-construction volume applies the specified tender form is payment financing is the mass trials were performed monthly.
-The volume of construction bidding forms are applicable funding is payment volume has been checked according to the progress of trials and payments recorded in the contract.
-The volume of construction has been completed, within the annual investment plan (Division according to you) and does not exceed the total approved estimation, the investor must secure the capital for payment under the plan which was approved.
b) the volume of the equipment is funding the payments is the volume of the imported equipment the repository owner (for installing equipment) or has installed complete and trials (for installing devices).
c) consultancy work is mass funding payments are made to be mass trials have recorded in economic contracts.
d) during the year if there are projects or complete works, the Agency granted the custody of 5% of the value of construction and installation are recorded in that year plans of projects or complete works. After the owner filed the report projects or complete works, funding agencies pay the remainder of the capital have not been paid according to the settlement.
3. Verification and approval of settlement made by the Article 36 and 37 of & ĐLQLĐT XD 42/CP. for investment projects by different sources in the report must breakdown each capital and have the confirmation of the grant or loan each source of capital.
With regard to investment projects by commercial credit capital, the commercial bank loan was the test and have the comments received in writing before the deciding authority to approve settlement projects of Group B and c. XI. Of ACCOUNTING REPORT MODE statistics in the investment process, the investor of all economic sectors to implement accounting reporting and settlement by the Ministry of finance and the statistical report issued by the General Department of statistics.
 
XII. HANDLING the PROBLEMS of the TRANSITION FROM the IMPLEMENTATION of the CHARTER INVESTMENT MANAGEMENT and BUILD 177/CP to IMPLEMENTING ĐLQLĐT & XD 42/CP a) investment projects has been the authorized investment decision before April 16-7-1996 not to browse again.
b) The investment project has the browser before January 16-7-1996 but no investment decision, the owner is responsible for the browser back to the correct authority investment decision specified in article 7 of the ĐLQLĐT & XD 42/CP and point 4 of this circular.
c) after July 16-7-1996, all the investment projects must be established and the competent person investment decision under the provisions of ĐLQLĐT & XD 42/CP and circulars.
d) for projects to be decided by the authorized investments 12 months too until 16 July 1996 which do not implement the next step shall be considered valid. If implemented, the investment must have the approval of opinion Authority decided to invest.
2-regarding the evaluation and approval of the design, the total estimation: a) The technical design profile, the total estimate, and estimates have been established and approved by the authorized before January 16-7-1996 do not have to browse back.
b) technical design documents, the total estimation and estimation has the browser before January 16-7-1996 but has not yet been approved by the authority, the owner is responsible for the review under the provisions of ĐLQLĐT & XD 42/CP. c) the evaluation and approval of engineering designs, the total estimation and estimation of the following browser works on 16-7-1996 to implement article 27 of ĐLQLĐT & XD 42/CP, which specifies the following: – design and engineering total construction projects are in Group A, led by Ministers or heads of industry regulators for approval after it has been professional agency evaluation of the design and The construction of the evaluation of the total estimation. The evaluation of buildings belonging to the estimation by the Office of evaluation combined with the professional body of norms, unit cost estimation of building Sets made.
-Technical design and total project work in groups B, C by people with the authority to approve investment decisions after they have been professional agency evaluation of design and construction management agency evaluation unit price, estimate, total.
Professional agency evaluation of design is the function of granting approval of the design. When conducting due diligence the Agency may use the design consultant organization have legal personality in order to verify the necessary content or full custom design records at the request of individual works, but professional agency evaluation designed to examine records held design verification before submitting to authority approval. The organization design consultants say the air verification of estimation, estimation of works.
Construction management agency evaluation of estimation, estimation of the project work group B, C is the management function the unit cost estimation in the approved level of estimation or governing bodies is the norm, the unit cost estimation in the Ministry, Department of construction management majors (as defined in point 5 of article 6 ĐLQLĐT & XD 42/CP) when required approval of estimation.

The above agencies are responsible before the law about evaluation results (including consulting design verification) and enjoy the cost to make the evaluation in (including the cost of hiring consulting and design verification specialist) according to the provisions of The building after unification with the Ministry of planning and investment and the Ministry of finance.
3-verify and approve the settlement work, projects completed:-The profile report of capital works projects completed was established before January 16-7-1996 is not repeated and verified, approved in accordance with circular No. 108 TC/DT on 8-12-1994 of the Ministry of finance.
-The profile report of capital works projects completed after November 16-7-1996 made under ĐLQLĐT & XD 42/CP and guide the investment capital of the Finance Ministry.

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