Decision No. 211/2003/QD-TTg dated October 14, 2003 of the Prime Minister on setting up the state council for pre-acceptance test of construction works

DECISION

ON SETTING UP THE STATE COUNCIL FOR PRE-ACCEPTANCE TEST OF CONSTRUCTION WORKS

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to the Government's Decree No. 07/2003/ND-CP of January 30, 2003 amending and supplementing a number of articles of the Regulation on Construction and Investment Management, issued together with the Government's Decree No. 52/1999/ND-CP of July 8, 1999, and Decree No. 12/2000/ND-CP of May 5, 2000;

At the proposal of the Minister of Construction on setting up the State Council for Pre-Acceptance Test of Construction Works (Report No. 37/TTr-BXD of May 27, 2003),

DECIDES:

Article 1.- To set up the State Council for Pre-Acceptance Test of Construction Works (hereinafter called the State Pre-Acceptance Test Council) with the following contents:

I. TASKS

1. To inspect and consider the work of pre-acceptance tests by investors (referred collectively to as to inspect) and directly conduct pre-acceptance tests of works under group-A projects, national important projects when deeming it necessary and other works at the Prime Minister's request.

2. Annually, the Council shall submit to the Prime Minister the list of works under projects which it shall inspect or directly conduct pre-acceptance quality test thereof.

3. To promulgate the Working Regulation of the State Pre-Acceptance Test Council, suitable to its assigned tasks. To report regularly or irregularly to the Prime Minister on the quality of works, violations and handling measures.

II. POWERS

1. In the course of inspection, if detecting serious violations which affect the quality of works, the State Pre-Acceptance Test Council may issue decisions to suspend the construction and request investors and contractors to apply remedial measures. In extremely serious cases, to report and propose remedial measures to the Prime Minister for decision.

2. The State Pre-Acceptance Test Council may request investors to organize the management of construction works' quality according to regulations and report thereon to the State Pre-Acceptance Test Council for the Council to consider, evaluate and draw conclusions on, the quality of works, make minutes on the overall pre-acceptance test of finished works and permit the hand-over thereof for exploitation and use.

3. The State Pre-Acceptance Test Council may suspend the pre-acceptance test in cases where the works are unqualified for use or production, and the legal and technical dossiers thereon are inadequate.

III. RESPONSIBILITIES

The State Pre-Acceptance Test Council shall bear responsibility before the Prime Minister and law for its decisions and conclusions on construction works' quality.

IV. ORGANIZATIONAL STRUCTURE

1. The Council's Chairman: The Minister of Construction

2. The Council's Vice-Chairmen:

- A vice minister of Construction;

- A vice minister of Science and Technology;

- A vice minister of the ministry, a deputy head of the branch or a vice president of the People's Committee of the province or centrally-run city having projects;

- Chairman of the Management Board of Corporation having construction works or a member of the Steering Committee for national important works.

3. The Council's members:

- The director of the Department for State Expertise of Construction Works' Quality, the Ministry of Construction (called the Expertise Department- the Ministry of Construction for short);

- The heads of professional bodies (various departments) with the function of managing construction work of the ministries or branches having projects;

- The directors of the Construction Services of the provinces or centrally-run cities having projects;

- Depending on the nature of each work, the Council's Chairman may decide to invite leaders of the concerned professional agencies or specialists to participate in the Council.

The list of the Council's vice chairmen and members shall be designated by ministries, branches and/or localities upon requests and sent to the Ministry of Construction; the Council's Chairman shall decide on the list of members of the Council for each work and at the same time report thereon to the Prime Minister.

4. The Council's Chairman shall use the organizational structure and seal of the Ministry of Construction in service of the Council's operation. The Expertise Department-the Ministry of Construction shall act as the standing body assisting the Council.

Article 2.- Annually, the Ministry of Finance shall apportion and allocate funding for regular activities of the Council and include such funding in administrative and non-business expenditure estimate of the Ministry of Construction. For projects with pre-acceptance test being conducted directly by the Council, it is permitted to use the investment projects' funding and calculate such funding into item "other expenses" in the total cost estimates of construction works according to current regulations.

Article 3.- The State Council for Pre-Acceptance Test of Construction Works which has been set up and is operating under previous decisions shall have to transfer and transit its operation in accordance with the provisions of this Decision.

Article 4.- The Chairman of the State Council for Pre-Acceptance Test of Construction Works, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the provincial/municipal People's Committees, the chairmen of the management boards of Corporations having projects and concerned organizations and individuals shall have to implement this Decision.

This Decision takes effect 15 days after its publication in the Official Gazette.