Circular No. 02/2007/TT-BXD guides certain contents regarding: project establishment, review, approval for construction investment projects; construction permits and management organizations for construction investment projects as stipulated in Decree No. 16/2005/NĐ-CP dated February 7, 2005, and Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government.

CIRCULAR

Guidelines on certain contents regarding: establishment, review, approval of investment construction projects; construction permits and organization of project management as stipulated in Decree No. 16/2005/ND-CP dated February 7, 2005 and Decree No. 112/2006/ND-CP dated September 29, 2006 of the Government.

construction works; construction permits and organizations managing investment construction works

Decree No. 16/2005/ND-CP dated February 7, 2005 and Decree No.

112/2006/ND-CP dated September 29, 2006 of the Government

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Pursuant to Decree No. 36/2003/ND-CP dated April 4, 2003 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Construction;

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

Pursuant to Decree No. 112/2006/ND-CP dated September 29, 2006 of the Government amending and supplementing certain provisions of Decree No. 16/2005/ND-CP on management of investment construction works;

The Ministry of Construction hereby issues guidelines on certain contents regarding: establishment, review, approval of investment construction works; construction permits and organization of project management as stipulated in Decree No. 16/2005/ND-CP dated February 7, 2005 of the Government on management of investment construction works (hereinafter referred to as Decree 16/CP) and Decree No. 112/2006/ND-CP dated September 29, 2006 of the Government amending and supplementing certain provisions of Decree No. 16/2005/ND-CP on management of investment construction works (hereinafter referred to as Decree 112/CP) as follows:

Part I

GUIDELINES ON ESTABLISHING, REVIEWING, AND APPROVING

INVESTMENT CONSTRUCTION PROJECTS

I. DETERMINATION OF THE INVESTOR FOR PROJECTS USING STATE BUDGET FUNDS

1. For projects decided to be invested in by the Prime Minister, the investor shall be one of the following agencies or organizations: Ministries, ministerial-level agencies, government agencies, other central agencies (collectively referred to as ministry-level agencies), People's Committees of provinces and centrally-administered cities (collectively referred to as provincial-level People's Committees), and state-owned enterprises.

2. For projects decided to be invested in by ministers, heads of ministry-level agencies, or chairpersons of provincial-level People's Committees, the decision-making authority shall entrust the unit managing and using the work to act as the investor.

In cases where the unit managing and using the work does not meet the conditions regarding organization, human resources, time, and other necessary conditions to perform the duties and powers of the investor, or where the unit managing and using the work has not been identified, the decision-making authority shall entrust a unit that meets the aforementioned conditions to act as the investor and proceed as follows:

Where the unit managing and using the work is not entrusted to act as the investor, the unit managing and using the work must issue a document appointing personnel to participate with the investor in managing the investment construction project and organizing the acceptance of the work for operation and use. The investor is responsible for assigning personnel from the unit managing and using the work to appropriate positions to participate in management from the project establishment phase until the handover for operational use, ensuring the efficiency and objectives of the project. If the investor establishes a Project Management Board, one of the deputy directors of the Project Management Board must be personnel from the unit managing and using the work.

In cases where the unit managing and using the work has not been identified, during the implementation of the project, the unit managing and using the work must be identified to participate with the investor in the acceptance and acceptance of the work for operational use.

II. REGARDING THE HANDLING OF GROUP A PROJECTS NOT INCLUDED IN THE PLAN

1. In cases where the project is not included in the industry plan or is inconsistent with the approved industry plan, before establishing the investment construction project, the investor must report to the relevant industry management ministry; the relevant industry management ministry is responsible for reviewing and supplementing the plan within its authority or submitting it to the Prime Minister for approval. Example: For an investment construction project to build a power plant in Province X which is not included in the electricity industry plan, the investor must report to the Ministry of Industry for the Ministry of Industry to review and adjust the plan within its authority or submit it to the Prime Minister for approval to include it in the electricity industry plan.

2. In cases where the project is not included in the construction plan or there is no construction plan, before establishing the investment construction project, the investor must report to the provincial-level People's Committee for consideration and approval of the location, scale, and total land area of the project; simultaneously, the provincial-level People's Committee is responsible for adjusting or establishing the construction plan according to regulations.

III. REGARDING THE ESTABLISHMENT, REVIEW, AND APPROVAL OF INVESTMENT CONSTRUCTION PROJECTS

1. Regarding the establishment of investment construction projects:

After completing the investment registration or obtaining the investment certificate in accordance with the laws on investment, the investor organizes the establishment of the investment construction project, completes the procedures to have the project reviewed, and proceeds with subsequent steps in accordance with the Law on Construction, Decree 16/CP, Decree 112/CP, and the guidance of this Circular.

2. Authority to review investment construction projects:

a) The decision-making authority is responsible for organizing the review of investment construction projects before approving them. The lead entity for reviewing the project is the specialized unit directly under the decision-making authority as stipulated in Clause 5, Article 1 of Decree 112/CP. In cases where the project is delegated for investment decision-making, the lead entity for reviewing the project is the specialized unit directly under the entity delegated to make the investment decision.

b) The authority to review basic design is implemented in accordance with Clause 5, Article 1 of Decree 112/CP.

For Group B and C projects decided to be invested in by the Ministry of Industry, the Ministry of Agriculture and Rural Development, the Ministry of Transport, the Ministry of Construction, economic groups, and state-owned corporations within their respective industries, these ministries and enterprises shall organize the review of basic design after receiving opinions from localities on construction planning and environmental protection, specifically:

The Ministry of Industry shall organize the review of basic design for works belonging to investment construction projects such as tunnel mines, oil and gas, power plants, power transmission lines, substations, chemicals, industrial explosives, machinery manufacturing, metallurgy, and other specialized Group B and C works decided to be invested in by the Ministry of Industry.

The Ministry of Agriculture and Rural Development shall organize the review of the basic design of water conservancy and dike works projects belonging to groups B and C which are decided to be invested in by the Ministry of Agriculture and Rural Development.

The Ministry of Transport shall organize the review of the basic design of transportation works projects belonging to groups B and C which are decided to be invested in by the Ministry of Transport.

The Ministry of Construction shall organize the review of the basic design of civil construction, industrial building materials, urban technical infrastructure works projects belonging to groups B and C which are decided to be invested in by the Ministry of Construction.

Economic Groups and State-owned Corporations shall organize the review of the basic design of works projects belonging to groups B and C which they decide to invest in if such projects belong to specialized sectors assigned by the State to manage by those enterprises. For example, if Vietnam Electricity Corporation (EVN) is assigned by the State to manage the national power grid, then EVN can organize the review of the basic design of power grid works projects belonging to groups B and C which it decides to invest in. As for other projects decided to be invested in by EVN, the review of the basic design shall be carried out according to the provisions of Clause 5, Article 1 of Decree 112/CP.

3. Procedures and formalities for reviewing and approving projects:

a) The investor shall be responsible for organizing the preparation and submission of project files to the lead agency for project review before submitting to the authority with investment decision-making power for approval.

Project review files include:

- Application for project review according to the form at Appendix 1 of this Circular;

- Investment construction project including explanatory notes and basic design;

- Documents permitting investment for national key projects; documents approving industry planning for group A projects not included in industry planning; documents approving construction planning for projects not included in construction planning;

||| - Relevant legal documents.

b) The lead agency for project review shall be responsible for receiving project files from the investor and sending them to relevant agencies for comments, while also sending the files to the competent agency for basic design review as stipulated in Clause 5, Article 1 of Decree 112/CP.

The agency for basic design review shall be responsible for conducting the review and sending the results back to the lead agency for project review. The basic design review results shall be prepared according to the form at Appendix 2 of this Circular.

If necessary, to ensure convenience, the lead agency for project review may authorize the investor to directly submit project files and explain to the competent agency for basic design review.

c) Time limit for project review:

The time limit for project review, including the time for basic design review, starts from the date when complete valid files are received, specifically:

- For national key projects: the project review time limit is regulated by Resolution No. 66/2006/QH11 of the National Assembly, where the time limit for basic design review does not exceed 30 working days.

- For group A projects: the project review time limit does not exceed 40 working days, where the time limit for basic design review does not exceed 20 working days.

- For group B projects: the project review time limit does not exceed 30 working days, where the time limit for basic design review does not exceed 15 working days.

- For group C projects: the project review time limit does not exceed 20 working days, where the time limit for basic design review does not exceed 10 working days.

d) The lead agency for project review shall be responsible for organizing the review of projects, compiling comments from related agencies and the results of basic design reviews, making observations, evaluations, recommendations, and submitting to the investment decision-maker for project approval.

Files for project approval include:

- Application for project approval according to the form at Appendix 3 of this Circular, which must include the results of project review; observations, evaluations, and recommendations to the investment decision-maker;

- Investor's files submitted for project review according to point a of this section;

- Participation review documents of relevant agencies authorized to participate in the project.

IV. REGARDING THE PREPARATION, REVIEW, AND APPROVAL OF ECONOMIC-TECHNICAL REPORTS FOR CONSTRUCTION PROJECTS

1. Preparation of Economic-Technical Reports for Construction Projects:

a) The investor shall prepare or hire a consulting organization to prepare the Economic-Technical Report for investment construction projects (hereinafter referred to as the Economic-Technical Report). The contents of the Economic-Technical Report shall be prepared according to the provisions of Clause 4, Article 35 of the Construction Law.

b) When preparing construction drawings in the Economic-Technical Report, standard designs or typical designs issued by the competent state authorities may be used.

2. Organization of Review of Economic-Technical Reports:

a) The investment decision-maker shall be responsible for organizing the review of Economic-Technical Reports before approval. The lead agency for Economic-Technical Report review is the specialized unit directly under the investment decision-maker as stipulated in Clause 5, Article 1 of Decree 112/CP. In cases where the Economic-Technical Report is authorized to make investment decisions, the lead agency for Economic-Technical Report review is the specialized unit directly under the authorized investment decision-maker.

b) The investor shall organize the review of construction drawings and project estimates, and if necessary, may hire consultants for verification to serve as the basis for the review. For projects related to the environment; fire prevention and explosion protection; security and defense, when reviewing construction drawings, opinions of the management agencies in these fields must be sought.

The results of the review of construction drawings and project estimates shall be prepared according to the form at Appendix 4 of this Circular.

c) The investor shall be responsible for submitting files to the lead agency for Economic-Technical Report review to organize the review before submitting to the investment decision-maker for approval of the Economic-Technical Report.

Files for Economic-Technical Report review include:

- Application for Economic-Technical Report review according to the form at Appendix 5 of this Circular;

- Economic-Technical Report including explanatory notes and construction drawings;

- Results of the review of construction drawings and project estimates, accompanied by comments from related agencies (if any).

d) The lead unit is responsible for sending the technical and economic report dossier to the specialized units subordinate to the investment decision maker to seek opinions on relevant contents for the assessment of the technical and economic report.

The maximum time for assessing the technical and economic report is 20 working days, including a maximum of 10 working days for units participating in providing opinions.

đ) Contents of the assessment of the technical and economic report by the investment decision maker:

- Reviewing factors ensuring effectiveness, including: necessity of investment; input factors; scale, capacity, technology, time, progress of implementation; financial analysis, socio-economic efficiency.

- Reviewing factors ensuring feasibility, including: compliance with approved planning; land use needs, resources (if any); ability to clear the site; ability to mobilize capital to meet progress requirements; ability to repay loans; management experience of the investor; results of construction design drawing and budget review.

3. Approving the technical and economic report:

a) After assessing the technical and economic report, the lead unit submits the dossier to the investment decision maker for approval consideration.

The dossier for approving the technical and economic report includes:

- A request for approval of the technical and economic report according to Model 6 of this Circular, which must include the results of the technical and economic report assessment; comments, evaluations, and recommendations to the investment decision maker;

- The dossier submitted by the investor for the technical and economic report assessment;

- Opinions from related agencies.

b) The authorized person responsible for making the investment decision shall approve the technical and economic report based on the assessment results of the lead unit. The content of the approval decision for the technical and economic report follows Model 7 of this Circular.

After the technical and economic report has been approved by the authorized person, the construction design drawings must be stamped with confirmation by the investor before being put out for construction.

V. REGARDING THE PREPARATION, REVIEW, AND APPROVAL OF INVESTMENT PROJECTS USING ODA FUNDS AND FOREIGN DIRECT INVESTMENT CAPITAL

1. For projects using ODA funds:

The preparation, review, and approval of investment projects for construction using ODA funds shall be carried out in accordance with laws on construction and laws on the management and use of official development assistance (ODA). Specifically, the authority and content of the basic design review shall be implemented in accordance with laws on construction. In cases where international agreements on ODA have different provisions, they shall be implemented in accordance with such international agreements.

2. For projects with foreign direct investment capital:

After obtaining an investment certificate in accordance with laws on investment, the investor organizes the preparation of the investment project for construction, completes the necessary procedures to submit the project for approval, and implements subsequent steps in accordance with the Construction Law, Decree 16/CP, Decree 112/CP, and the guidance of this Circular.

Part II

GUIDANCE ON ISSUING CONSTRUCTION PERMITS

I. REGARDING APPLICATION FOR CONSTRUCTION PERMITS FOR CONSTRUCTIONS

1. All constructions must obtain a construction permit in accordance with the Construction Law, Decree 16/CP, and Decree 112/CP prior to commencement, except for those constructions specified in point 2 of this section.

2. The following constructions do not require a construction permit:

a) Constructions classified as state secrets.

b) Constructions built under emergency orders.

c) Temporary constructions serving the construction of main constructions.

d) Constructions built along routes that do not pass through urban areas but comply with approved planning.

đ) Constructions within investment projects for construction that have been approved by competent state authorities, except for constructions only requiring a technical and economic report. However, before commencing construction, the investor must send the results of the basic design review to the construction permit issuing authority for monitoring and management.

e) Constructions within new urban area, industrial zone, and residential area projects with detailed construction plans at a scale of 1/500 that have been approved by competent state authorities.

g) Renovation, repair, and installation of equipment inside buildings without changing the architectural appearance, load-bearing structure, and safety of the building.

h) Infrastructure constructions with a total investment amount below 7 billion VND located in remote rural areas not included in cultural heritage conservation zones or historical-cultural relics.

i) Individual houses in remote rural areas not classified as urban areas or concentrated residential areas; individual houses in rural residential areas without approved construction plans.

3. Regarding temporary construction permits:

a) Issuance of temporary construction permits applies only to regions with approved and published construction plans that have not yet been implemented.

b) Provincial People's Committees shall specify the issuance of temporary construction permits in accordance with local conditions and characteristics.

c) The temporary construction permit must clearly state the duration of the construction's existence; if the state expropriates the land to implement the plan beyond the period specified in the temporary construction permit, the investor must demolish the construction themselves; failure to do so will result in forced demolition, and the investor must bear all costs associated with the demolition.

Compensation and land clearance for implementing the plan shall be applied according to current regulations; however, construction under temporary construction permits will not be compensated.

4. Regarding issuance of construction permits for constructions within projects:

a) For projects comprising multiple constructions in different provinces or cities, the construction located in a particular province or city shall apply for a construction permit in that province or city.

b) For projects comprising multiple constructions in one location within a province or city, the investor shall apply for a single construction permit for all constructions within the project in that province or city.

II. APPLICATION DOSSIER FOR CONSTRUCTION PERMITS

1. Application dossier for construction permits for urban constructions and houses:

The application dossier for construction permits is stipulated in Article 18 of Decree 16/CP and Clause 10 of Article 1 of Decree 112/CP.

2. Application dossier for construction permits for rural houses:

The construction permit application file in accordance with Article 19 of Decree 16/CP shall include a site plan prepared according to Model 8 attached to this Circular. The site plan must clearly show the dimensions and land area occupied by the house, other structures on the plot, distances to surrounding structures, and connection points for electricity, communication, water supply and drainage systems with public infrastructure outside (if applicable). The drawing must clearly state the name of the homeowner, address of residence, construction location, and the name and address of the person who drew the plan.

3. Construction permit application files for projects that have had their basic design reviewed:

The investor may apply for a construction permit for one project, multiple projects at once, or all projects within the project at once.

a) In case of applying for a construction permit for one project:

- Documents as stipulated in Clause 1 and 2 of Article 18 of Decree 16/CP;

- Results of the review of the basic design.

b) In case of applying for a construction permit for multiple projects at once or all projects within the project at once:

- Application form for a construction permit according to Model 9 attached to this Circular;

- Notarized or certified copies of land use rights documents in accordance with the law;

- Results of the review of the basic design for the projects for which the investor is applying for a construction permit.

III. CONTENT OF THE CONSTRUCTION PERMIT

The main content of the Construction Permit in accordance with Clause 1 of Article 64 of the Construction Law and the following models:

1. Construction permit for urban buildings and houses according to Model 1 in Appendix 6 of Decree 16/CP.

2. Temporary construction permit according to Model 2 in Appendix 6 of Decree 16/CP.

3. Construction permit for rural houses according to Model 3 in Appendix 6 of Decree 16/CP.

4. Construction permit for projects according to Model 10 attached to this Circular.

IV. AUTHORITY TO ISSUE CONSTRUCTION PERMITS

1. Provincial People's Committees delegate the Director of the Department of Construction to issue construction permits for special grade and Grade I construction projects (as classified under the Construction Quality Management Decree); religious structures; historical and cultural relics; statues, billboards, and grand murals within their administrative boundaries; structures on major urban streets; projects funded by foreign direct investment; projects and other structures as specified by the Provincial People's Committee.

2. District People's Committees issue construction permits for remaining projects and individual houses in urban areas within their administrative boundaries, except for those specified in point 1 above.

3. Commune People's Committees issue construction permits for individual houses in rural residential areas that have been approved in planning within their administrative boundaries.

V. AMENDMENTS TO THE CONSTRUCTION PERMIT

1. When there is a need to amend the construction design of a project differently from the contents of the issued construction permit, the investor must apply for an amendment to the construction permit before commencing construction work according to the amended content. The authority issuing the construction permit is responsible for ensuring compliance with the planning regulations and bears responsibility for the content of the permit amendment. The amendment content will be recorded in the "extension, amendment" section of the construction permit already issued to the investor.

2. The application file for amending the construction permit includes:

a) Request for amendment of the construction permit;

b) The original construction permit that has been issued;

c) Amended design drawings.

3. The time limit for reviewing the amendment of the construction permit shall not exceed 10 working days from the date of receipt of a complete and valid application file.

Part III

GUIDELINES FOR ORGANIZATIONAL MANAGEMENT

INVESTMENT CONSTRUCTION PROJECTS

I. CASES WHERE THE INVESTOR MANAGES THE PROJECT DIRECTLY

1. When the investor directly manages the project, the investor must establish a Project Management Board (hereinafter referred to as PMB), except for small and simple projects with a total investment amount below one billion dong.

The PMB is a unit subordinate to the investor, having its own legal personality or using the legal personality of the investor to manage the project. The tasks and powers of the PMB are assigned by the investor.

The organizational structure of the PMB is determined by the investor in accordance with the scale, nature, and requirements of the project and the tasks and powers delegated by the investor. The PMB can hire organizations or individuals for consultation to participate in management and supervision when it does not have sufficient conditions and capabilities to perform them independently, but such hiring must be approved by the investor.

The organizational structure of the PMB includes a director, deputy directors, specialized units, and technical personnel. Those participating in the PMB can work full-time or part-time. The director, deputy directors, and technical, economic, and financial personnel must have a bachelor's degree in a relevant field and at least three years of professional experience. For Group C projects in remote areas, the positions mentioned above can be assigned to individuals with associate or vocational degrees in relevant fields.

2. For small and simple projects with a total investment amount below one billion dong, the investor may not establish a PMB but can use their own specialized units to manage the project; if necessary, they can hire professionals with experience to assist in managing the project.

3. The PMB will be dissolved after completing its tasks.

II. CASES WHERE THE INVESTOR HIRING CONSULTANTS TO MANAGE THE PROJECT

1. When the investor hires consultants to manage the project, the contractor must establish an organization to directly carry out the project management tasks according to the signed contract with the investor. The organizational structure of this organization includes a project management consultant director, deputy directors, and specialized units suitable for the tasks and powers stipulated in the contract signed between the consulting contractor and the investor.

The Project Management Consultant Director must meet the qualification requirements as stipulated in Clause 1 of Article 55 of Decree 16/CP. Deputy Directors and those responsible for specialized tasks must have a university degree in relevant fields and at least three years of specialized work experience.

The Project Management Consulting Contractor may engage organizations or individuals to participate in certain project management tasks, but such engagement must be approved by the Investor and consistent with the duties and authorities specified in the contract signed with the Investor.

2. The tasks and authorities of the organization directly implementing project management on-site shall be assigned in writing by the Project Management Consulting Contractor and must be sent to the Investor to notify related Contractors.

III. RESPONSIBILITIES OF THE INVESTOR IN PROJECT MANAGEMENT FOR CONSTRUCTION INVESTMENT PROJECTS

The Investor has duties and authorities as prescribed by construction laws from the project preparation stage through implementation and acceptance for operation. For tasks and authorities delegated by the Investor to the Project Management Board (as per the decision establishing the Project Management Board) or to the Project Management Consultant (as per the contract signed with the Project Management Consulting Contractor), the Investor is responsible for directing, monitoring, urging, and inspecting the performance of these tasks and authorities to ensure that the project is carried out according to the approved content and schedule. The Investor is fully responsible for all tasks within their duties and authorities as prescribed by law, including those delegated to the Project Management Board or the Project Management Consulting Contractor.

Part IV

GUIDELINES FOR HANDLING TRANSITION

I. HANDLING TRANSITION REGARDING PROCEDURES FOR ESTABLISHING, REVIEWING, APPROVING CONSTRUCTION INVESTMENT PROJECTS AND SUBSEQUENT WORK

1. For investment construction projects approved before the effective date of Decree 16/CP, but not yet commenced or still under implementation, remaining procedures shall be carried out in accordance with Decree 16/CP or regulations prior to the effective date of Decree 16/CP, as decided by the Investment Decision Maker. If the Investment Decision Maker has chosen to proceed with remaining steps according to pre-Decree 16/CP regulations, they shall continue to follow those regulations; if they have chosen to proceed with remaining steps according to Decree 16/CP, then transition to implementing Decree 112/CP as guided in Point 2 of this Section.

2. Prior to the effective date of Decree 112/CP, for investment construction projects not yet approved but with project review results, and for approved projects not yet commenced or still under implementation, there is no need to redo procedures. Remaining procedures shall be carried out in accordance with Decree 16/CP and amendments and supplements provided in Decree 112/CP and guidelines of this Circular.

During project implementation, if the project undergoes adjustments changing the basic design, the authority to review the changed basic design shall be implemented in accordance with the provisions of Decree 112/CP.

II. HANDLING TRANSITION REGARDING ISSUANCE OF CONSTRUCTION PERMITS

1. Construction works that have been decided to invest in and fall within the category exempt from obtaining construction permits as stipulated in Decree 16/CP, but were started before the effective date of Decree 112/CP, do not need to obtain construction permits.

2. In cases where a project includes multiple construction works that have been decided to invest in and some of which were started before the effective date of Decree 112/CP, if the Investor applies for a single construction permit for all works in the project, it shall be handled in accordance with the guidance at Point 4 of Section I and Point 3 of Section II of Part II of this Circular, including those works already commenced. The construction permit issuing authority shall check compliance with legal regulations for works commenced before recording them in the construction permit content.

3. Construction works belonging to investment construction projects approved before the effective date of Decree 112/CP but not yet commenced shall apply for construction permits according to the provisions of Decree 112/CP and guidance in this Circular, except for works exempted from obtaining construction permits as stipulated in Point 2 of Section I of Part II of this Circular.

III. HANDLING TRANSITION REGARDING PROJECT MANAGEMENT ORGANIZATION

1. For Project Management Boards designated as Investors, timely handling in accordance with current laws must be ensured, adhering to the principle that Project Management Boards are established, tasked, and monitored by the Investor.

2. For regional Project Management Boards and specialized Project Management Boards established by Ministries, sectors, and localities to manage multiple projects, they must be converted into professional project management consulting organizations operating in accordance with corporate laws or dissolved. In cases where Project Management Boards manage one or more projects that will conclude in 2007, the Project Management Boards can continue to exist but must be strengthened and organized to have sufficient capacity to complete remaining tasks. After project completion, the Project Management Boards must be dissolved or converted to operate in accordance with corporate laws.

Part V

IMPLEMENTING PROVISIONS

I. THIS CIRCULAR REPLACES THE FOLLOWING CONSOLIDATED DOCUMENTS

1. Circular No. 08/2005/TT-BXD dated May 6, 2005 of the Ministry of Construction guiding certain contents on the preparation, review, approval of investment construction project plans and handling the transition to implement Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government.

2. Circular No. 09/2005/TT-BXD dated May 6, 2005 of the Ministry of Construction guiding certain contents on construction permits.

3. Point 3.1, Section II on the Project Management Board of Circular No. 12/2005/TT-BXD dated July 15, 2005 of the Ministry of Construction guiding certain contents on construction quality management and the qualifications of organizations and individuals in construction activities.

II. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect 15 days from the date of publication in the Official Gazette. Previous regulations on the preparation, review, approval of investment construction project plans; construction permits; and organization of project management for investment construction projects that conflict with the guidance provided in this Circular are hereby abolished.

2. In the course of implementation, if there are difficulties, organizations and individuals shall send their opinions to the Ministry of Construction for consideration and resolution./.