Circular 3/tt-Lb: Guidelines For Implementing The Charter Investment Management And Building Attached To Decree No. 177-Cp On 20-10-1994 By The Government

Original Language Title: Thông tư liên tịch 3/TT-LB: Hướng dẫn thi hành Điều lệ Quản lý đầu tư và xây dựng ban hành kèm theo Nghị định số 177-CP ngày 20-10-1994 của Chính phủ

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CIRCULAR of MINISTRY of CONSTRUCTION-the STATE PLANNING COMMITTEE of the Ministry of Finance shall guide the implementation of the Charter investment management and construction issued under Decree plier 175/CP dated October 20, 1994 by the Government of the day 20/10/1994 Government signed Decree 177/CP issued in terms of investment and management building (referred to as "the rules of construction and investment management 177/CP ") replaced the Charter the basic construction management attached to Decree No. 385/HĐBT (referred to as" the Charter XDCB management HĐBT/385) on November 7, 1990 and regulations establish, verify, review of the design of construction works attached to Decree No. 237/dated 19/9/1985 of the Council of Ministers.
Implementation of article 3 of the decree and article 59 of the Statute of investment management and build 177/CP, Minister (Ministry of construction, the State Planning Commission, the Ministry of Finance) General instructions some principal issues (in addition to the private tutorial content each sector of the relevant Ministry) as follows : 1. The scope of the Charter's investment management and build 177/CP include:-The investment project development;
-The investment project development department, territory;
-The investment project for economic and social development;
-The investment program and build includes one or more projects (like the program goals; program to create jobs; clean water programs, etc.).
Depending on the nature of the investment project, the scope of the Charter's investment management and build 177/CP is defined as follows:-for the projects where investment is not state-owned, state management on planning chie build; the architectural approach; technology; use of land and resources; protecting ecological environment and social aspects of the project.
-For projects where foreign owned investment management as for the investment projects of the economic sectors, the State also managed the commercial aspects, financial and economic efficiency of the project.
The projects of the State-owned including all the projects that the owner (or the owner) by the authority of the State sent out or hired to manage the whole or part of the investment of the project regardless of the source of that capital was raised from.
-For deep investment projects here will have a private guide industry Manager after the agreement of the Ministry of construction-the State Planning Commission, Ministry of finance.
-The investment project of the Vietnam representative offices in foreign countries;
-Some projects require secrecy in security and defense.
2. About project classification and decentralized investment decisions: 2.1 In annex classified projects accompanied the Charter investment management and build 177/CP, the total investment of the project not including rent of land use, water, sea, the continental shelf, airspace;
2.2 investment projects under 500 million not reporting feasibility study which conducted engineering design and establishment of estimation the authority consider investment decisions.
2.3 decentralized investment decisions: The decentralization of investment decisions made under article 6 of the Charter investment management and build 177/CP are the Prime mandate, the investment decisions are not authorized his subordinates back investment decisions.
3. Management uses the capital investment: the management of use of capital investment made under article 8 of the Charter and building investment management, including: 3.1 Which prioritized State used to invest the capital in the country including foreign capital by State lenders , are balanced and the source layout in the budget to pay the debt when due.
3.2 automatic capital mobilization of the State enterprises to investment capital included excerpts from the Foundation of the business, the loan by issuing bonds; capital stock, capital depreciation from the basic fixed assets formation with which additional character of business ... including existing assets of State enterprises, the owner is responsible for implementing all the provisions of the State records management in terms of investment and construction management.
3.3 career capital construction in nature such as: capital maintenance, upgrade, repair, restoration must properly use the purpose and stated in the annual State plan. The project browser, design, engineering, total financing and payment for this capital must be as prescribed by the Charter investment management and build 177/CP and the text direction of the State.
Not to be used without career capital construction properties to invest in the construction of new, or expanded.
4. About the investigation work planning, survey, planning: 4.1 capital plan for joint survey planning economic and social development of the territories by the Planning Committee of the House of nứoc, capital management to implementation.
Cases of mandatory State ministries implement the State Planning Committee for the balance of that industry, in the annual plan.
4.2 capital plan for the survey industry development planning by the State Planning Commission capital balance as of the industry to implement.
4.3 capital plan for joint survey on local urban planning proposals that require the General construction plans in the country, the State Planning Committee of the common and balanced decentralization plan management as follows.
4.3.1 survey the general planning of the municipality from the provincial level and above, the State Planning Committee of the direct balance of capital budget for the Ministry of construction and notice of the local.
4.3.2 survey detailed planning in the municipality from type 2 or above and have the national transportation axis passing through, due to The construction and management of State capital balance each year for implementation.
4.3.3 survey planning and detailed planning of the municipality under the provincial level and the detailed planning of the municipality, under the provincial level due to the local organizational management implementation and are balanced by the annual budget.
4.4 survey planning and programs to the countryside through the program, the State-level projects, the State Planning Committee of the capital balance for The State sector, delivery of the program, presided over that project to implementation.
5. About the construction of auxiliary and temporary housing construction worker: To clarify the need for the construction of temporary housing or ancillary construction worker in the feasibility study report of the project to the approval authority when the investment decision, and follow the following rules : 5.1 in the case of projects that are tender or choose themselves the cost is also considered as one of the items put out a tender or bid selection along with the main work items.
5.2 in the case indicated the bid, the investment level decision approving the construction of temporary housing and support for workers on the principle must have cost and design make the stock package charges.
5.3 temporary housing costs of Own construction workers, cost estimation does not exceed 2% of the value of construction estimation and apply only to new construction works, far from residential areas, the line works (roads, canals level I, lines, forestry roads): does not apply to the construction work in the city , town, commune and residential focus.

5.4 methods allocated the said expenses are made for each batch of construction preparation time with varying stock package, construction units are actively used according to the purpose, if save the cost of ancillary zone shall be taken and the production Development Fund of the unit.
6. project funding, investment project evaluation: 6.1. Funding levels for the project consulting, appraisal by the Ministry of Construction project under regulations after reunification with the State Planning Commission and the Ministry of finance. Immediate funding levels for the evaluation of investment projects made by 5% of the design.
6.2. in case after the evaluation of the project, if the project is not done then the costs for consultancy work and project appraisal was extracted from the production Development Fund of the unit owner for payment (if the project in the business) or level from the budget (if the investment projects of the administrative career).
7. Tenders, tender, tender specified selection: 7.1. The projects of the State-owned investor must hold a tender or bid selection according to the regulations issued by the State.
7.2. The Ministry of construction is responsible for the management and bidding guidance, consultancy and construction contractors are selected according to the provisions in clause 4, article 6 of the Charter investment management and build 177/CP. Group A projects Own Review Council national contractor is responsible for the evaluation of The tender results the Prime Minister, local government factions.
7.3. any investment decision Level, the level that the decision indicated the bid the following projects:-the project the nature study, testing;
-The project urgency due to natural disaster, the enemy of painters;
-The project has little value under 500 million (including the value of equipment and construction ... in total investment of the project);
-Own a number of projects have specific properties of some of the industry must be the Prime allows for each specific project shall be implemented the method specified.
7.4. The cooperative projects, joint ventures with foreign State enterprises must also hold a tender or bid according to the regulations issued by the State or by the international practices taking into account the specific conditions of Vietnam. The Organization of this project to the tender held in Vietnam.
7.5. Every year, the latest was on December 31, the Ministry of the people's Committee, the province, the city must have written the report the implementation of tenders, selected, specify the bid in years of local industry and sent to the Ministry of construction to the synthesis report from the Prime Minister.
8. technical management, quality of construction and company: 8.1. The management techniques and the quality of construction works done according to the provisions of the Charter the quality of construction works of the Minister of construction.
8.2. The company builds are done according to the "regulation of construction company" by the Ministry of construction issued.
9. Financing and payment to: 9.1. For the works tender or bid selection is done according to the rules stated in the tender regulation or select the State's current bid.
9.2. for the case indicated the bid, the level of capital and payments under current rules of the State and according to the contract signed between A and B in the end of the project, the investor of the chr is allocated or maximum 95% of the lending value of the mass execution of the plan. The remaining 5% of the amount, the investor payments right after the warranty obligation finished works under the Ministry of construction.
10. Verification and approval of the settlement: The verification and approval of the settlement is made under article 36 of the Charter investment management and the construction of 177/CP and the circulars of the Ministry of finance. To examine and approve the settlement must be based on the following bases:-in the case of a tender or bid selection, is based on the winning bid price and terms stated in the contract.
-In the case indicated the bid is based on the minutes of trials and volume estimation was for payment according to the circulars of establishment and management of construction cost in the investment projects of the Ministry of construction and the related policy regimes are allowed to apply for projects (works).
11. About the accounting report mode, statistics: in the process of implementation of the investment, the owner of all economic sectors to make the accounting report mode due to the Ministry of finance and the statistical report issued by the General Department of statistics.
12. Handle the problems of the transition from the implementation of the Charter investment management and build 385/HĐBT to the implementation of the Charter investment management and build 177-CP: 12.1. And browse the project to: 12.1.1) The project has argued the economic-technical certificate, or technical-economic report, and previous browser on 20-10-1994 (including the technical-economic justification and technical-economic report was browsing and not yet browsers) do not have to repeat the report feasibility studies as specified in the Charter and investment management build 177/CP but the decentralization of investment decisions (for the technical-economic justification, the technical-economic report submitted but not yet approved) and the next steps as surveying, design, engineering, and the total estimate is as prescribed in the Charter investment management and build 177/CP. 12.1.2) following on 20-10-1994 , all the investment projects must be established and the competent investment decision under the provisions of the Charter and building investment management.
12.2. About the evaluation and approval of the design, the total estimate: 12.2.1) all technical design documents, the total estimation and estimation has succession and the browser in advance on 20-10-1994 (includes the records have been reviewed and not yet browsers) do not have to repeat as prescribed in the Charter investment management and build 177/CP but the approval hierarchy for the record has not been Browse is performed according to the rules of investment management and build 177/CP. 12.2.2) the evaluation and approval of the technical design of the following browser works on 20-10-1994 to make the right investment management rules and build 177/CP 25.26 prescribed in article about design management , in which only the authorized regulations approving engineering design after it has been verified professional bodies. Specialized agencies by granting approval option, can the authority includes design professionals have enough suitably qualified to undertake the evaluation each face or whole profile design works, or a selection of advisory organizations are qualified to design according to the regulations of the Ministry of construction.
12.2.3) the evaluation and approval of financing for the State-owned works are the following browsers on 20-1-1994 to make the right investment management rules and build 177/CP địnhk rules in article 51 (total management of buildings owned by the State) in which only the authorized regulatory approval of estimation after agencies expert appraisal. Specific to the project in the Group A, The building hosted the appraisal of the estimation process of the review, the Prime Minister of industry management authorization approval. The projects in the Group B and C, the professional agency evaluation due approval supply delivery to be managing authorities or State Appeals Council Ding total.
12.3. About examining and approving settlement: 12.3.1) all the works have screened and approved settlement have conducted investigation and previous browser on 20-10-1994 (includes the profile was browsing) then not perform the timeframes and assigning content approval hierarchies as the investment management and build 177/CP.

12.3.2) following on 20-10-1994 all the works in the project (including the project process that has not yet been browsing) to perform the verification and approval of the settlement under article 36 and groundbreaking new works from then on 20-10-1994 to make the capital investment, verified and approved the settlement as stipulated in the Charter investment management and build 177/ CP and the circulars of the Ministry of finance.
12.4. About switching the form of governing the implementation provisions in chapter V (from Article 43 to article 48) of the Charter investment management and build 177/CP: The management of the current works transferred to the forms management organization implementation of the following projects : 12.4.1) for the management of independent work, the scale equivalent of Group A, B and the management of the current areas of work, level of responsible investment decisions organized in the form of "project owner" prescribed in article 45 of the Statute of investment management and build 177/CP. Form "project owner" is defined clearly the personal liability during construction and investment.
The Chairman of the Executive Board of the project, project management, Project Management Committee must be compact organization, capable of performing the function in the Organization, and the browser project, technical design, total; manage the implementation process for investment, and the transfer, settlement works through the signing of the contract with the consulting organization, supply materials and equipment and construction in order to perform the specialized areas, ensure the quality and effectiveness of the investment and construction process. Project Management Committee did not directly make the functions of the consulting organization.
Home project and proposing to the Board of management of the project by granting investment decision decided to establish.
12.4.2) The management of scale works the equivalent of Group C in the State enterprises, the granting of responsible investment decisions reorganized to form "the owner directly managing the project" under the provisions of article 44 of the Charter investment management and build 177/CP With this form does not establish a separate management apparatus that owner use right existing apparatus to make the signing of the contract with the consulting organization, construction, supply of materials, equipment and the settlement works on the basis of confirmation of the consulting organization in charge of monitoring and management of construction works.
12.4.3) The management of large-scale works the equivalent of mhóm C in the administrative career then move on to the following forms: for the local people's Committee, central cities have the responsibility to reorganize to form "project owner" in the area.
For the Ministry of construction investment projects have focused on the area of a province, if the city has set up the management structures for each project must be reorganized to form "project owner" in the area.
The case of each project is dispersed in a province, then city reorganized management works to form "the owner directly manage the implementation of the project".
12.4.4) funding activities of other forms of project management under the guidance of the Ministry of construction.
The term completed the reorganization of the management of construction slow for last quarter's in 1995.
12.4.5) for the works are making the delivery, payment works or in progress to be completed before the second quarter of 1995, the management of existing facilities continued to perform his responsibilities until complete all missions were specified.
In the process of reorganizing the Board of public works management, ministries, local and facility is responsible for the implementation of the report of the Ministry of construction to the synthesis report from the Prime Minister.
 

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