THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 83/2009/ND-CP | Hanoi, October 15, 2009 |
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 12/2009/ND-CP DATED FEBRUARY 12, 2009, ON MANAGEMENT OF WORK CONSTRUCTION INVESTMENT PROJECTS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the National Assembly’s November 26, 2003 Construction Law No.16/ 2003/QH11;
Pursuant to the National Assembly's June 19, 2009 Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of the Laws Concerning Capital Construction Investment;
At the proposal of the Minister of Construction,
DECREES:
Article 1.
To amend and supplement a number of articles of the Government's Decree No. 12/2009/ND-CP dated February 12, 2009, on management of work construction investment projects, as follows:
1. To supplement Point a, Clause 3, Article 2 as follows:
"Article 2. Categorization and state management of work construction investment projects
3. In addition to the provisions of Clause 2 of this Article, depending on sources of capital used for projects, the State shall also manage projects under the following provisions:
a/ For state budget-funded projects, including component projects, the State shall manage the entire process of construction investment, from identification of investment policies, project formulation, investment decision, designing, estimation, contractor selection, construction to test, take-over and operation or use of works. Investment deciders shall allocate sufficient capital within 3 years, for group-C projects, or 5 years, for group-B projects, depending on project implementation schedules."
2. To amend and supplement Clause 1, Article 10 as follows:
"Article 10. Competence to evaluate work construction investment projects
1. Investment deciders shall evaluate projects before approving them. In charge of project evaluation are specialized units under investment-deciding authorities. Project evaluation units shall send project dossiers to line agencies, construction state management agencies and other concerned agencies for evaluation. Investment deciders may hire consultants to verify several or all of the contents specified in Clauses 1, 2 and 3, Article 11 of this Decree.
From the date of receipt of project dossiers, concerned agencies shall examine them within:
- 45 working days, for national important projects;
- 20 working days, for group-A projects;
- 15 working days, for group-B projects;
- 10 working days, for group-C projects.
Past the above time limits, if giving no opinion, concerned agencies will be regarded as having agreed with the project dossiers and shall take responsibility for the issues under their management.
Before approving work construction investment projects within urban centers which are approved by competent state agencies, investment deciders shall seek opinions of these agencies on the projects’ basic designs. For other projects, investment deciders may decide to seek opinions on their basic designs when necessary.
Project evaluation units shall send project dossiers to specialized construction work-managing agencies defined in Clause 6 of this Article for opinion on basic designs. Agencies giving opinions on basic designs will enjoy 25% of the project evaluation charge. The Ministry of Finance shall promulgate a document guiding this provision.
Persons decentralized or authorized to make investment decision shall evaluate projects already decentralized or authorized for investment decision"
Click Download to see full text