Circular No. 01/2000/TT-BXD guiding forms of management and implementation of investment and construction projects and registration of construction activities.

CIRCULAR

Guidelines for forms of managing the implementation of investment and construction projects and registering construction activities

Implementing investment and construction projects and registering construction activities

 

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Construction.

Pursuant to the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government.

The Ministry of Construction guides the forms of managing the implementation of projects and registering construction activities as follows:

 

I. FORMS OF MANAGING THE IMPLEMENTATION OF INVESTMENT AND CONSTRUCTION PROJECTS

1. Forms of managing the implementation of projects:

1.1.According to Article 59 of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government (hereinafter referred to as the Investment and Construction Management Regulation 52/CP): Depending on the scale, nature of the project, and their own capacity, the Project Investor shall choose one of the following forms to manage the implementation of the project:

The Project Investor directly manages the implementation of the project

Project Manager

Turnkey

Self-execution of the project

1.2.The organization and registration of construction activities of these project management forms shall be carried out according to the Investment and Construction Management Regulation 52/CP and this Circular.

1.3.Project management costs shall be implemented according to Circular No. 08/1999/TT-BXD dated November 16, 1999 of the Minister of Construction.

2. Responsibilities for managing the implementation of projects:

2.1The Project Investor, regardless of the form applied to manage the implementation of the project, must bear full responsibility before the law and the authority deciding on investment regarding the process of implementing the project.

2.2.The organization managing the implementation of the project shall be responsible before the Project Investor and the law according to the tasks assigned by the Project Investor or the contract signed with the Project Investor. When changing the organization managing the implementation of the project, the new organization must assume all the responsibilities inherited from the previous managing organization.

3. Form of the Project Investor directly managing the implementation of the project:

3.1.This form is applicable to Project Investors who have sufficient professional capacity to manage the implementation of the project.

3.2.The Project Investor can use its own professional-capable staff and appoint personnel to manage the implementation of the project without establishing a Project Management Board.

3.3.In cases where the Project Investor's organization does not meet the conditions to concurrently manage the implementation of the project, the Project Investor shall establish a Project Management Board under itself, having sufficient professional and operational capacity to manage the implementation of the project. The Project Management Board in this case is a unit subordinate to the Project Investor, performing tasks assigned by the Project Investor.

The organizational structure of the Project Management Board and the Head of the Project Management Board shall be decided by the Project Investor. After the completion of the project, the Project Management Board must be dissolved.

3.4.Tasks of the Project Management Board:

Based on the responsibilities and powers of the Project Investor stipulated in Article 14 of the Investment and Construction Management Regulation 52/CP, the Project Investor assigns tasks to the Project Management Board on the following principle:

The assigned responsibilities and powers to implement management requirements of the project must be clear; consistent with the operating charter, organizational principles of the Project Investor, and relevant laws.

The Project Management Board must regularly report to the Project Investor. The Project Investor must inspect the activities of the Project Management Board and promptly address issues beyond the authority of the Project Management Board to ensure the progress and requirements of the project.

3.5.Requirements for the capacity of the Project Management Board:

The Project Management Board must have a suitable professional team to manage the implementation of the project and must register its activities with the competent state agency.

The Head of the Project Management Board of Class A and B must have a university degree or higher, with a suitable professional background for project management tasks and must have attended training courses on project management.

4. Form of the Project Manager:

4.1.If the Project Investor lacks the conditions to directly manage the implementation of the project, it must entrust a specialized Project Management Board to act as the Project Manager or hire an organization with appropriate professional capacity to manage the project. The Project Manager is an independent legal entity with the necessary capacity and registered construction activity.

4.2.The form of the Project Manager applies to the following cases:

a.Projects assigned by the Government to Ministries, agencies equivalent to Ministries, government agencies, provincial People's Committees for implementation; Projects assigned by provincial People's Committees to Departments, Districts, Counties for implementation; Particularly important projects decided by the Prime Minister; These agencies entrust specialized Project Management Boards to directly manage the projects.

b.Other projects, if the Project Investor does not have the conditions to directly manage the implementation of the project, the Project Investor must hire a specialized organization with sufficient capacity to manage the project. The management organization in this case is called "Project Management Consulting."

4.3.Content of project management:

a.The Project Management Board implements management contents according to the assigned tasks.

b.Project Management Consulting implements management contents according to the contract signed with the Project Investor.

4.4.Capacity requirements for the form of the Project Manager:

a.The Project Management Board and the Director of the Project Management Board must have minimum capacity as prescribed for the Project Management Board and the Head of the Project Management Board in Section 3.5 above.

b.Project Management Consulting may only undertake management of projects that match their registered construction capacity with the competent state agency.

5. Turnkey form:

5.1.The turnkey form is applied when the Project Investor is permitted to organize bidding to select a general contractor to implement the entire project from survey, design, procurement of materials and equipment, construction installation to handing over the completed works for operation.

For projects using funds specified in Articles 10 and 11 of the Investment and Construction Management Regulation 52/CP, this form is only applicable to Group C projects, other cases must be approved by the Prime Minister.

5.2.The Project Investor has the responsibility:

a.To select consultants to perform investment preparation work until the project is approved and organize bidding.

b.To implement the contract signed with the contractor.

c.To ensure funding for payment according to the plan and economic contract.

d. Organize land clearance and hand over the cleared land to the contractor inaccordance with the provisions of the Investment and Construction ManagementRegulation No. 52/CP.

e. Perform other functions and tasks of the Project Owner as stipulated by law.

5.3.The contractor shall be responsible for:

a. Implementing the contract signed with the Project Owner, being accountable tothe Project Owner and the law regarding the quality and quantity of the projectand other provisions in the contract.

b. In case of subcontracting to sub-contractors, it must comply with thecommitments stated in the bidding documents and the contract.

c. Being fully responsible for the quality of the works and the implementationprocess of the project until handing it over to the Project Owner for operation;implementing warranty services and insurance policies as prescribed by law.

6. Self-execution of the Project:

6.1.If the Project Owner has sufficient capacity for production, construction, andmanagement in accordance with the requirements of the project, they may applythe self-execution form of the project.

This form applies to:

Projects using legitimate capital of the Project Owner including own capital (accumulated from post-tax profits of the enterprise), self-borrowed and self-repaidcapital without state guarantee, and capital raised from other sources;

Regular maintenance and repair work on construction projects and productionequipment; Annual crop care activities.

6.2.When implementing the self-execution form of the project (self-production, self-construction), the Project Owner must strictly supervise the production andconstruction processes and be legally accountable for the quality of products andconstruction works.

6.3.The Project Owner may utilize their management system or employ a projectmanagement board under them to manage the execution of the project, complyingwith legal regulations on product and construction quality management.

II. REGISTRATION FOR CONSTRUCTION ACTIVITY

1. Subjects for Registration of Construction Activity:

1.1.According to Articles 14, 15, and 16 of the Investment and Construction ManagementRegulation issued together with Decree No. 52/1999/NĐ-CP of the Government, thefollowing organizations and enterprises must register their construction activityat competent state agencies:

a. Organizations managing project implementation in four project managementforms; if the Project Owner uses their own organization to directly manageproject implementation, then the Project Owner registers.

b. Consulting organizations for investment and construction as stipulated inArticle 15 and construction enterprises as stipulated in Article 16 of theInvestment and Construction Management Regulation No. 52/CP.

1.2.Foreign contractors who win bids, foreign-owned companies, and joint venturesbetween Vietnam and foreign countries operating construction activities inVietnam must register their construction activities according to specificregulations.

1.3.Enterprises must register for construction activity before registering forbusiness in construction and investment consulting.

Organizations managing project implementation must register for constructionactivity according to this Circular before commencing operations.

During the course of operations, if there are changes in capacity or expansionof the scope and fields of construction activities, additional registration mustbe made.

1.4.Responsibilities of the registration subjects:

a. Completing the construction activity registration form and being responsiblefor the contents registered; submitting the construction activity registrationform to the competent authority for confirmation; paying the prescribed fees.

b. Organizations and enterprises shall not engage in construction activitiesoutside the scope registered.

2. Competent Authorities for Managing Construction Activity Registration:

2.1.The Ministry of Construction performs state management functions in construction,makes guidance and inspections on the organization of construction activityregistration nationwide; directly organizes construction activity registration forproject management organizations, investment and construction consultingorganizations, and enterprises engaged in construction activities under variousMinistries, Ministries equivalent to Ministries, State Agencies under theGovernment, Central Agencies of political and socio-political organizations,other social organizations, and General Companies established by the PrimeMinister's Decision.

2.2.The Construction Departments assist provincial People's Committees and cityPeople's Committees directly under the central government in organizingconstruction activity registration for project management organizations,investment and construction consulting organizations, and construction enterprisesengaged in construction activities outside the subjects mentioned in Section 2.1above and other subjects established and directly managed by localities, followingthe guidelines of the Ministry of Construction.

2.3.Responsibilities of the authorities managing construction activity registration:

a. Providing registration forms and organizing construction activity registrationin accordance with the regulations;

b. Periodically or randomly inspecting the implementation of constructionactivity registration, penalizing violations, and handling them within theirauthority or referring them to the relevant laws for handling.

c. Reporting periodically every six months and annually according to Form 2 inthe Appendix; Local Construction Departments report to the Ministry ofConstruction, which compiles and reports to the Government.

3. Procedures for Construction Activity Registration:

Organizations and enterprises register for construction activity according to theform in Appendix 1 of this Circular.

Construction activity registration must be made in two original copies, one copyretained by the registration subject, and one copy kept at the confirming agency.

The registration subject goes to the competent authority (Ministry ofConstruction or Construction Department) to register and is guided to fill in theinformation accurately according to the regulations; subsequently, theycomplete and submit the construction activity registration form to the competentauthority for confirmation. Within ten days from receiving a valid registrationform, the competent authority completes the registration confirmation and sendsit to the registration subject.

Provincial Health Departments (referred to collectively as provinces) are responsible for inspecting the operations of massage service establishments. Regular or surprise inspections must be organized to check compliance with the provisions of this Circular and related laws.

1. Inspection and Audit:

1.1.Construction management agencies of various sectors and localities, and agenciesconfirming construction activity registration have the responsibility to inspectthe implementation of this Circular.

1.2.Construction audit bodies at all levels conduct audits of violations of thisCircular based on decisions of competent authorities and must notify the auditeeprior to the audit in accordance with the law on auditing.

1.3.Inspected and audited entities have the responsibility to report and provide datato the inspection and audit agencies as required by the regulations.

1.4.Inspections and audits must result in written conclusions, and if there areviolations, they must be handled according to the law.

2. Handling of Violations:

2.1.Authorities at all levels responsible for construction management, Project Owners, organizations implementing projects, investment and construction consulting organizations, construction enterprises, and other related organizations or individuals who violate this Circular shall be subject to legal proceedings depending on the severity of the violation.

2.2.Organizations and enterprises that engage in construction activities without registration or exceed their registered scope, causing accidents in construction works and affecting human lives and state and people's assets, shall be handled by the authority responsible for construction activity registration or local construction management authorities within their jurisdiction, or referred to competent authorities for legal proceedings.

IV. IMPLEMENTATION

1. Effectiveness:

This Circular takes effect fifteen days from the date of signature and replaces the following documents previously issued by the Minister of Construction: Circular No. 18/BXDVKT dated June 10, 1995 guiding the implementation of project management forms and construction; Decision No. 19/BXDCSXD dated June 10, 1995 promulgating regulations on the operation and registration of construction consulting professions; Decision No. 500/BXDCSXD dated September 18, 1996 promulgating regulations on registration and issuance of construction practice certificates.

2. Transitional Provisions:

2.1.Forms of project implementation management decided upon by Decree No. 42/CP dated July 16, 1996 and Decree No. 92/CP dated August 23, 1997 will continue to operate under the old regulations until the completion of the project. Forms of project implementation management decided upon according to the Investment and Construction Management Regulations 52/CP shall be implemented in accordance with this Circular.

2.2.Organizations and enterprises that have been granted Construction Practice Certificates and Consulting Practice Certificates pursuant to Decision No. 500/BXD-CSXD dated September 18, 1996 and Decision No. 19/BXD-CSXD dated June 10, 1995 are considered to have registered for construction operations.

2.3.Enterprises currently engaged in construction, consulting, and project management but have not yet registered for construction operations must complete registration in accordance with this Circular before the third quarter of 2000.

 

attached hereto.

(accompanying Circular No. 01/2000/TT-BXD dated March 1, 2000

of the Minister of Construction)

SOCIALIST REPUBLIC OF VIETNAM

Independence Freedom Happiness

REGISTRATION FOR CONSTRUCTION ACTIVITIES

Name of organization/company:

Establishment decision number:

Affiliated to:

Enterprise category:

Main office address:

Telephone: Fax:

CONFIRMATION BY THE CONSTRUCTION MANAGEMENT AUTHORITY

The Ministry of Construction (or Provincial Construction Department) confirms the registration for construction activities.

Registration file number:

Registration effective from:

                                                                        ..., day month year

                                                                                    Director

                                                                        (signature, stamp)

I. CONTENT OF REGISTRATION BY ORGANIZATIONS AND ENTERPRISES

PART I - DECLARATION OF CAPACITY:

Statutory capital:

Total operating capital:

Account number and address:

Total number of staff, workers, and employees within the establishment (excluding non-staff members and collaborators):

Technical workforce classified by industry and profession:

Major equipment serving construction activities:

B. PART II - REGISTRATION OF SCOPE OF ACTIVITY:

Organizations and enterprises shall register their construction activities based on their actual capacity, in accordance with Circular No. 01/2000/TT-BXD dated March 1, 2000 of the Minister of Construction, ensuring that they have the necessary specialized personnel, technical expertise, and experience to carry out the activities in compliance with national standards.

1. Registration for project implementation management and investment consulting activities (registration for project implementation management by project group; registration for investment consulting activities by service type, project level and grade):

...

...

2. Registration for construction installation activities (registration by project level and grade):

...

...

3. Registration for general contracting construction activities (registration by project group, project level and grade):

...

...

I hereby take full responsibility for the entire content of this registration.

                                                                                    Director of the unit

                                                                                    (signature, stamp)

C. PART III - SUPPLEMENTARY REGISTRATION

(Only record changes compared to previous registration):

1. Supplement Part A:

...

...

2. Supplement Part B:

...

...

I hereby take full responsibility for the supplementary registration content.

                                                                                                Director of the unit

                         (signature, stamp)

CONFIRMATION OF SUPPLEMENTARY REGISTRATION FOR CONSTRUCTION ACTIVITIES

Note:

Project groups as defined in the Investment and Construction Management Regulations 52/CP;

Types and grades of construction projects according to Technical Standards and Construction Regulations of Vietnam;

Enterprise categories according to Joint Circular No. 17/1998/TTLT-BLDTBXH-BTC dated December 31, 1998 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.

II. LIST OF KEY MANAGEMENT AND TECHNICAL STAFF

For enterprises and consulting organizations: General Manager; Deputy General Managers in charge of economy and technology, Head of Technical Departments, Design Workshop Managers, Chief Designers, Site Supervisors, Project Management Board Heads.

For project management organizations: General Manager and Deputy General Managers (or Heads and Deputy Heads of Boards), Heads of Departments (or Boards) directly affiliated.

attached hereto to the People's Committee of the province.

(accompanying Circular No. 01/2000/TT-BXD dated March 1, 2000

of the Minister of Construction)

REPORT ON THE SITUATION OF CONSTRUCTION ACTIVITY REGISTRATION IN LOCALITY

(every six months and annually)

To: Ministry of Construction

Reporting agency name:

đượ        Address:

đượ        Telephone: FAX:

đượ        Situation of construction activity registration in the locality:

I hereby take full responsibility for the content of this report.

                                                                                                ...,day...month...year...

                                                                                                            Director of the agency

                                                                                                             (Signature, stamp)