Decision No. 02/2008/QD-TTg On the Issuance of the Regulation on Managing Investment Construction Projects of Vietnamese Representative Offices Abroad and Other Vietnamese Agencies Abroad

REGULATIONS

Management of Investment Construction Projects of Vietnamese Representative Offices Abroad and Other Vietnamese Agencies Abroad

 (Issued together with Decision No. 02/2008/QĐ-TTg dated January 7, 2008 of the Prime Minister)

Article 1. Scope and objects regulated

1. Scope: Investment activities of Vietnamese Representative Offices Abroad and Other Vietnamese Agencies Abroad using state budget funds.

2. Object: New construction investment projects and renovation, upgrading projects at existing office premises, using state budget funds or funds derived from state budgets; investment projects for purchasing houses, land for constructing office premises and housing for staff using state budget funds or funds derived from state budgets (hereinafter referred to collectively as office construction investment projects).

Article 2. Principles of Management

1. Investment construction projects for office premises of Vietnamese Representative Offices Abroad and Other Vietnamese Agencies Abroad must comply with the provisions of these regulations and relevant Vietnamese laws.

In cases where there are differing provisions on the same issue, the provisions of these regulations and the laws of the host country where the investment project is located shall be followed.

2. For investment construction projects for office premises of Other Vietnamese Agencies Abroad, written opinions of the Ministry of Foreign Affairs on the investment policy must be obtained before soliciting opinions from other ministries, ministerial-level agencies, central government agencies, and other central agencies concerned.

Article 3. Explanation of Terms

In this Regulation, the following terms shall be understood as follows:

1. Vietnamese Representative Office abroad of the Socialist Republic of Vietnam, including Diplomatic Missions, Permanent Delegations to Intergovernmental International Organizations, and Consular Offices. The Representative Office performs functions representing the State of Vietnam in relations with the receiving country and international organization within the scope of tasks and powers prescribed by law.

2. Other Vietnamese Agencies Abroad: are agencies established by ministries, ministerial-level agencies, central government agencies, and other central agencies based on agreements with relevant countries and not part of the organizational structure of Vietnamese Representative Offices Abroad.

3. Project Sponsor: is the Vietnamese Representative Office Abroad (hereinafter referred to as the Vietnamese Representative Office Abroad) and Other Vietnamese Agencies Abroad or the managing agencies of Other Vietnamese Agencies Abroad, entrusted with the direct responsibility for managing and utilizing funds for construction investment and managing and utilizing the facilities after investment according to Vietnamese law and the laws of the host country where the investment project is located.

Article 4. Investment Planning

1. Based on strategic orientations and long-term plans regarding international cooperation relations of the State, the Ministry of Foreign Affairs, ministries, ministerial-level agencies, government agencies, and other central agencies shall establish long-term and medium-term (five-year) investment plans for constructing office premises of Vietnamese representative offices abroad and other Vietnamese agencies abroad.

Long-term and medium-term investment plans for constructing office premises of ministries, ministerial-level agencies, government agencies, and other central agencies shall be divided into two types:

a) Separate premises managed by ministries, ministerial-level agencies, government agencies, and other central agencies for investment;

b) Parts located within Vietnamese representative offices abroad managed by the Ministry of Foreign Affairs for investment.

2. The Ministry of Foreign Affairs shall take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to compile long-term and medium-term investment plans for constructing office premises of Vietnamese representative offices abroad and other Vietnamese agencies abroad for approval by the Prime Minister.

3. Based on long-term and medium-term investment plans for constructing office premises of Vietnamese representative offices abroad and other Vietnamese agencies abroad approved by the Prime Minister, ministries, ministerial-level agencies, government agencies, and other central agencies shall establish annual investment construction plans for office premises within their jurisdiction and in accordance with current laws.

Article 5. Project Establishment, Review, and Approval

1. Project establishment:

a) The investor must fully implement all contents according to the current laws on project establishment, review, and approval for investment construction projects, including taking into account the opinions of the competent authority of the host country regarding: location, price of buying or building houses, and other issues related to the construction investment project.

b) The submitted review dossier includes both the explanatory section and the basic design section. For projects purchasing houses and land within investment projects, only the explanatory section is required for submission for review and approval.

2. Project review and approval:

a) For investment projects with a total capital amount (in foreign currency) of 10 million USD or more: ministries, ministerial-level agencies, government agencies, and other central agencies with projects for constructing office premises of Vietnamese representative offices abroad and other Vietnamese agencies abroad shall take the lead in reviewing and submitting to the Prime Minister for investment decision;

b) For investment projects with a total capital amount (in foreign currency) under 10 million USD: ministries, ministerial-level agencies, government agencies, and other central agencies with projects for constructing office premises of Vietnamese representative offices abroad and other Vietnamese agencies abroad shall review and make investment decisions;

c) The Ministry of Foreign Affairs shall review and approve investment projects within its jurisdiction for investment projects of Vietnamese representative offices abroad and other Vietnamese agencies abroad managed by the Ministry of Foreign Affairs;

d) Ministries, ministerial-level agencies, government agencies, and other central agencies shall review and make investment decisions for projects within their jurisdiction for investment projects of other Vietnamese agencies abroad managed by them;

e) For investment projects related to purchasing houses and land for office premises of Vietnamese representative offices abroad and other Vietnamese agencies abroad, project approval shall be carried out after reaching a principle agreement on the sale and purchase of houses and land and the proposed prices between the investor and the seller. The total investment amount of the project will be finalized based on the price of houses and land stated in the formal contract signed between the investor and the seller. The investor signs the house and land purchase contract when the investment project has been approved by the authorized person.

3. Projects meeting investment conditions shall be allowed to complete necessary procedures and commence immediately in the same year.

Article 6. Design work, budget estimates, land allocation, and construction permits

1. Design:

a) Investment projects for construction must comply with the following design stages: for projects with total investment capital (converted to foreign currency) of 10 million USD or more, they include: basic design, aesthetic design, and construction drawing design; for investment projects with total investment capital (converted to foreign currency) under 10 million USD, they include: basic design and construction drawing design;

b) Construction design must follow national construction standards and technical standards issued by the state, except where it is necessary to apply the construction standards and technical standards of the host country where the investment project is located;

c) The organization conducting construction design (including organizations in Vietnam) must carry out author supervision throughout the construction process;

d) For investment projects purchasing houses and land: there is no design stage, but must have relevant documents and floor plans;

2. Budget Estimates:

a) The establishment, approval, and management of budget estimates and total budget estimates shall be carried out according to the provisions of the laws on construction project investment cost management. Specifically, for budget norms and unit prices, they must be based on the regulations of the host country where the investment project is located;

b) For projects purchasing houses and land: there is no need to establish budget estimates and total budget estimates; management shall be based on the approved total investment amount and the signed house and land purchase contract;

3. Land Allocation and Application for Construction Permits:

Matters related to the purchase or lease of land and application for construction permits shall be implemented according to the regulations of the host country where the investment project is located;

4. Handling Emergencies:

During the construction process, if there are changes requiring modifications to the design and budget estimates without altering the approved scale of the project, the investor shall consider and decide. In cases where changes to the design and budget estimates result in alterations to the project's scale, objectives, and increase the approved total investment amount, the investor must report to the investment decision-maker for a decision;

Article 7. Selection of Construction Contractors.

For construction investment projects, the selection of construction contractors shall be carried out in accordance with current legal regulations, while also conforming to the legal regulations of the host country where the investment project is located;

Article 8. Construction Execution

a) Construction project execution management, including: construction quality management, construction progress management, construction volume management, labor safety management on construction sites, and construction environmental management;

b) The investor directly implements construction project execution management; in cases where the investor lacks the capacity for construction project execution management, they may enter into contracts to hire all or part of the construction project execution management tasks;

Article 9. Payment and Final Settlement of Investment Capital.

1. Payment:

a) For investment projects purchasing houses and land: capital payments are made according to the terms stipulated in the contract and other relevant Vietnamese legal provisions;

b) For construction investment projects: provisional capital advances and payments shall comply with Vietnamese legal provisions and those of the host country where the investment project is located. Payment terms must be clearly specified in the contract between the investor, the contractor, and equipment suppliers;

c) In cases of payment in foreign currency, the investor must purchase from a bank or obtain a direct foreign currency allocation from the Ministry of Finance for payment purposes;

2. Final settlement:

Upon completion of construction investment projects or house and land purchases, the final settlement of the completed project's investment capital must be conducted according to the guidelines of the Ministry of Finance.

Article 10. Responsibilities for management of relevant agencies

1. The Ministry of Foreign Affairs, ministries, ministerial-level agencies, agencies under the Government, and other central agencies with Vietnamese agencies abroad:

a) Shall implement project management for construction investment within their authority as stipulated in this Regulation and related laws;

b) The Ministry of Foreign Affairs shall be responsible for managing investment construction contracts for Vietnamese representative offices abroad;

c) Ministries, ministerial-level agencies, agencies under the Government, and other central agencies shall be responsible for managing investment construction activities for other Vietnamese agencies abroad;

d) Shall carry out oversight, inspection, consolidation, and guidance to investors under their management to implement investment projects in accordance with current regulations.

2. The Ministry of Foreign Affairs shall take the lead and coordinate with the Ministries of Planning and Investment, Finance, Construction to guide the implementation of the management regulations for investment construction projects of Vietnamese representative offices abroad and other Vietnamese agencies abroad.

3. The Ministry of Finance shall take the lead and coordinate with relevant ministries to guide payment and settlement of investment capital for investment construction projects of Vietnamese representative offices abroad and other Vietnamese agencies abroad.

Article 11. Implementation Organization

Annually, ministries, ministerial-level agencies, agencies under the Government, and other central agencies with investment construction projects of other Vietnamese agencies abroad shall submit reports on the implementation of this Regulation to the Ministry of Foreign Affairs for consolidation and reporting to the Prime Minister.