Decision No. 02/2008/QD-BXD dated February 20, 2008 of the Ministry of Construction promulgating the Regulation on management of information on capabilities of organizations engaged in construction activities through the Construction Ministry's website

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF INFORMATION ON CAPABILITIES OF ORGANIZATIONS ENGAGED IN CONSTRUCTION ACTIVITIES THROUGH THE CONSTRUCTION MINISTRYS WEBSITE

THE MINISTER OF CONSTRUCTION

Pursuant to Construction Law No. 16/2003/QH11 of November 26, 2003;

Pursuant to the Governments Decree No. 17/2008/ND-CP of February 4, 200S, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Governments Decree No. 16/2005/ND-CP of February 7, 2005, on the management of investment projects on construction of works;

Pursuant to the Governments Decree No. 112/2006/ND-CP of September 29, 2006, amending and supplementing a number of articles of the Governments Decree No. 16/2005/ND-CP of

February 7, 2005, on the management of investment projects on construction of works;

At the proposal of the director of the Construction and Installation Department;

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on management of information on capabilities of organizations engaged in construction activities through the Construction Ministrys website.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO.

Article 3. Organizations engaged in construction activities and concerned agencies, organizations and individuals shall implement this Decision.

REGULATION

ON MANAGEMENT OF INFORMATION OF CAPABILITIES OF ORGANIZATIONS ENGAGED IN CONSTRUCTION ACTIVITIES THROUGH THE CONSTRUCTION .MINISTRYS WEBSITE
(Promulgated together with the Construction Ministers Decision No. 02/2008/QD-BXD of Febmaiy 20, 2008)

Chapter 1

GENERAL PROVISIONS

Article 1. Objectives

The promulgation of this Regulation aims:

1. To manage construction capabilities and activities through the supply of information by organizations engaged in construction activities.

2. To help investors and concerned agencies obtain information on capabilities of domestic and foreign organizations and individuals engaged in construction activities in Vietnam.

3. To help organizations engaged in construction activities disseminate information on their capabilities and activities toward an open and transparent construction market.

4. To help state management agencies obtain grounds for evaluating and grading construction capabilities of organizations and, at the same time, to supervise construction activities of organizations so as to propose mechanisms and policies to boost the development and improvement of capabilities of organizations engaged in construction activities.

Article 2. Scope and subjects of application

This Regulation provides for the supply, exploitation and management of the system of information on capabilities and activities of domestic and foreign organizations engaged in construction consultancy and construction in Vietnam through the Construction Ministrys website.

Chapter 2

INFORMATION ON CONSTRUCTION CAPABILITIES

Article 3. Principles on the supply and management of information on construction capabilities and activities

1. Organizations directly engaged in construction activities in Vietnam shall register information relating to their construction activities according to Articles 4 and 5 of this Regulation.

Organizations directly engaged in construction activities include:

a/ Enterprises which have made business registration for construction consultancy or construction in accordance with the law on enterprises;

b/ Other organizations such as cooperatives, research institutes, professional schools and centers which are lawfully set up and have the function of doing independent business in the domain of construction consultancy and construction.

2. Information supplied by organizations engaged in construction activities means information directly relating to construction consultancy and construction activities conducted by these organizations.

3. Information on construction organizations published on the Construction Ministrys website constitutes one of the grounds for investors to make reference about contractors capabilities and experience in the course of selecting contractors to perform construction consultancy and construction bidding packages.

4. All organizations and individuals may search for, and get free access to, information on the Construction Ministrys website to serve the selection of contractors, the setting up of joint ventures and the signing of business cooperation contracts for the performance of construction consultancy or construction works as well as their management activities.

Article 4. Information supplied by a construction consultancy organization

1. Name of the organization:

2. Address of the head-office: .... Telephone number:... Fax number:... Website:

3. Address of the representative office or branch (if any):

4. Establishment decision No. ...... dated... granted by:

5. Business registration certificate No.... dated ....... granted by:

6. Construction consultancy domains (survey, project formulation, design, project management, supervision consultancy and quality evaluation):

7. Financial figures (in the last three years):

a/ Charter capital:

b/ Tumover of each construction consultancy activity (survey, project formulation, design, project management, supervision consultancy and quality evaluation)

8. The number of the organizations employees (including those who sign labor contracts of a definite term) directly engaged in construction consultancy activities:

- Total number of employees:

Of whom:

+ The number of persons who possess postgraduate degree:

+ The number of persons who possess university degree:

+The number of persons who possess collegial or intermediate degree:

The number and experience of managers:

9. Quality management systems:

10. Typical works partially or wholly designed by the organization in the capacity as general contractor or principal contractor in the last 10 years. For each type of works, to list at most three works with the following details:

- Name of the work:

- Scope of the work:

- Construction site:

- Investor:

11. Works under construction:

12. Advantageous domains of the organization:

13. Awarded works: (at most three works for each type):

14. Violations in construction consultancy activities:

Article 5. Information supplied by a construction organization

1. Name of the organization:

2. Address of the head-office: .... Telephone number:... Fax number ... Website:

3. Address of the representative office or branch (if any):

4. Establishment decision No ...... dated ...... granted by:

5. Business registration certificate No.... dated granted by:

6. Construction domains (consuiiction of civil, industrial, traffic, irrigation or technical infrastructure works):

7. Financial figures (in the last three years):

a/ Charter capital:

b/ Turnover of each construction domain (construction of civil, industrial, traffic, irrigation of technical infrastructure works):

c/Profits:

8. The number of the organizations employees (including those who sign labor contracts of a definite term) performing tasks directly related to construction activities:

- Total number of employees:

Of whom:

+ The number and experience of construction site-chief commander:

+ The number of those who possess university or higher degree:

+ The number of those who possess collegial or intermediate degree:

+ The number of trained skilled technical workers:

9. Special-use construction machines and equipment owned by the organization:

10. Quality management systems:

11. Typical works, clearly staling works already built by the organization in the capacity as principal contractor, sub-contractor or general contractor in the last 10 years. For each type, to list at most three works with the following details:

- Name of the work:

- Scope of the work:

- Construction site:

- Construction time:

- Investor:

12. Works under construction:

13. Advantageous domains of the organization:

14. Awarded works (at most three works for each type):

15. Violations in construction activities:

Article 6. Supply and publication of information

1. Supply of information:

a/ When supplying information for publishing on the Construction Ministrys website, heads of organizations engaged in construction activities specified at Points a and b, Clause 1, Article 3 of this Regulation must assure the truthfulness and accuracy of such information and clearly state their names and titles as well as the addresses of their organizations head-offices.

b/ Professional associations, organizations and individuals are encouraged to report to the Construction Ministry inaccurate information supplied by organizations engaged in construction activities and published on the Construction Ministrys website.

c/ Information is supplied in the following forms:

- Sending documents by postal services or directly.

- Other forms: Direct access/through e-mail/ fax/by post.

d/ Addressee:

- The Construction and Installation Department - the Construction Ministry: 37 Le Dai Hanh, Hanoi

- Fax: 04-9762153

- E-mail: [email protected]

- Website: http://doanhnghiep.xaydung.gov.vn

2. Publishing of information:

a/ Collecting data in the forms specified at Point c. Clause 1 of this Article.

b/ Processing information and uploading data to the system.

3. Time limit for updating information

a/ Annually, organizations engaged in construction activities shall supply information as prescribed in this Regulation.

b/ Upon changes of information stated in Article 4 and Article 5 of this Regulation, within 30 days from the date such changes arise, organizations engaged in construction activities shall supply information to adjust published information.

Chapter 3

ORGANIZATION OF IMPLEMENTATION

Article 7. Responsibilities of concerned agencies and organizations

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with concerned agencies in:

a/ Receiving and publishing information supplied by organizations engaged in construction activities.

b/ On the basis of information on capabilities of organizations engaged in construction activities and a number of criteria such as turnover, experience, work quality, built works, professional criteria and typical works, annually, evaluating, and grading the capacity of organizations engaged in construction activities and publicizing the results.

c/ Regularly supervising, managing and inspecting the access, exploitation and use of information on capabilities of organizations engaged in construction activities through the Construction Ministrys website.

2. Ministries, branches and provincial-level Peoples Committees shall coordinate with the Ministry of Construction in supplying relevant information on:

a/ Organizations engaged in construction activities under their management;

b/ Violations committed by organizations engaged in construction activities regarding construction investment projects under their management;

c/ Violations committed by organizations engaged in construction activities with regard to construction investment projects in their localities.

3. Organizations engaged in construction activities shall fully, promptly and truthfully supply information on their capabilities and activities as prescribed in this Regulation and take responsibility for supplied information.

Article 8. Inspection and handling of violations

1. The Ministry of Construction shall assume the prime responsibility for, and coordinate with ministries, branches, localities and professional associations in, processing information during the course of publishing information on the capabilities and activities of relevant organizations on its website.

2. Provincial/municipal Construction Services shall, according to their functions, assist provincial-level Peoples Committees in inspecting the supply of information byorganizations engaged in construction activities and timely notifying the results to the Ministry of Construction.

3. If organizations engaged in construction activities commit violations in construction activities or supply untruthful information, they shall be put on a list of violating organizations engaged in construction activities published on the Construction Ministrys website.