Decision No. 07/2004/QD-BNN On the Issuance of Regulations on Procedures for Preparing, Reviewing, and Approving Technical Design - General Estimate, Construction Technical Design - General Estimate, and Construction Drawing Design - Item Estimate for Waterworks Projects

Pursuant to …;

Regarding the issuance of regulations on procedures for preparing, reviewing, and approvingtechnical design - total estimate,

construction technical design - total estimate, and construction drawing design - item estimate

for water conservancy projects

_________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT 

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government promulgating the Investment Management and Construction Regulations, Decree No. 12/2000/NĐ-CP dated May 5, 2000, and Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government amending and supplementing certain provisions of the Investment Management and Construction Regulations;

Pursuant to Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government promulgating the Tendering Regulations, Decree No. 14/2000/NĐ-CP dated May 5, 2000, and Decree No. 66/2003/NĐ-CP dated June 12, 2003 of the Government amending and supplementing certain provisions of the Tendering Regulations;

Upon the proposal of the Director of the Construction Project Management Department and the Head of the Science and Technology Department,

DECISION:

Article 1. This Decision hereby promulgates the regulations on procedures for preparing, reviewing, and approving technical design - total estimate, construction technical design - total estimate, and construction drawing design - item estimate for water conservancy projects.

Article 2. This Decision shall take effect 15 days from the date of publication in the Official Gazette. All previous regulations that conflict with this Decision are hereby abolished.

Article 3. The Heads of the Office and the Departments and Units under the Ministry are responsible for implementing this Decision./.

REGULATIONS

Procedures and steps for preparing, reviewing, and approving technical design -

Total estimate or construction technical design - total estimate,

construction drawing design - item estimate for water conservancy projects

(Issued together with Decision No. 07/2004/QĐ-BNN

dated March 23, 2004 of the Ministry of Agriculture and Rural Development)

Chapter I:

GENERAL PROVISIONS

Article 1. Purpose and Requirements

These regulations aim to specify the Investment Management and Construction Regulations issued by the Government regarding the preparation, review, and approval of technical design - total estimate or construction technical design - total estimate and construction drawing design - item estimate for water conservancy projects managed by the Ministry of Agriculture and Rural Development, and to define the responsibilities and authorities of the project sponsors, consulting organizations, and specialized construction management agencies of the Ministry of Agriculture and Rural Development.

 

Article 2. Scope of Application

1. These regulations apply to consultancy contracts or turnkey contracts (EPC) within water conservancy projects funded by state budget, managed by the Ministry of Agriculture and Rural Development, including:

a) Design contracts for tendered consultancy packages (domestic and international);

b) Turnkey contracts (EPC) for projects, sub-projects, or tendered packages (domestic and international);

2. For water conservancy projects managed by other sectors, localities, or organizations, these regulations may be applied appropriately.

In these regulations, terms are understood according to the provisions in the Investment Management and Construction Regulations and industry standards issued by the Ministry of Agriculture and Rural Development.

Article 3. Design Procedures

All water conservancy projects must prepare technical design - total estimate or construction technical design - total estimate and construction drawing design - item estimate.

During the investment preparation phase, depending on the nature and technical requirements of the project, either a single-step design (construction technical design) or a two-step design (technical design and construction drawing design) as specified in the investment decision will be implemented.

For projects with high technical requirements, built in complex terrain, geological conditions, and environmental settings, requiring foundation treatment or complex main structural solutions, a two-step design is necessary: technical design and construction drawing design.

For projects with simple technology or existing standard designs, without complex foundation or structural solutions, a single-step design can be conducted: technical design - construction.

Article 4. Total Estimate and Item Estimate for Projects

All water conservancy projects, regardless of whether they are tendered or permitted to be directly assigned, must prepare a total project estimate and item estimates, which must be reviewed and approved according to current national regulations.

The total project estimate is reviewed and approved concurrently with the technical design or construction technical design.

The total project estimate approved by the competent authority must not exceed the approved total investment amount.

The total project estimate approved by the competent authority serves as the maximum limit for construction costs, serving as the basis for organizing tenders or direct assignments and managing costs during project implementation.

In cases where group A projects have been approved or endorsed by the Prime Minister through feasibility studies, allowing them to be divided into component projects or sub-projects, after the feasibility study reports of the component projects or sub-projects have been approved by the competent authority, the preparation, review, and approval of the total project estimates for these component projects or sub-projects shall be carried out as if they were independent investment projects.

In special cases, if the construction project of a group A project does not yet have an approved total project estimate or does not meet the conditions for preparing a total project estimate, it must obtain a technical design and total project estimate approved by the competent authority after completing at least 30% of the total investment amount. In such cases, before tendering or direct assignment, the project sponsor must submit a report detailing the reasons and obtain approval from the competent authority as the basis for approving the total project estimate.

The total project estimate, as well as the item estimates or individual construction works already approved by the competent authority, may be adjusted or supplemented, but the total must not exceed the approved total investment amount. Adjustments and supplements shall be carried out in accordance with Circular No. 09/2000/TT-BXD dated July 17, 2000, and Circular No. 07/2003/TT-BXD dated July 17, 2003, of the Ministry of Construction guiding the preparation and management of construction costs for projects, and Circular No. 08/2003/TT-BXD dated July 9, 2003, of the Ministry of Construction guiding the content and management of EPC general contracting contracts.

Article 5. Tendering for Consulting Services

The selection of design consulting services shall be carried out in accordance with the provisions of Decree No. 88/1999/ND-CP dated September 1, 1999 on Tendering Regulations, Decree No. 14/2000/ND-CP dated May 5, 2002, and Decree No. 66/2003/ND-CP dated June 12, 2003 of the Government regarding amendments and supplements to certain articles of the Tendering Regulations.

1. For contracts of designated tendering for design consulting services: The design consulting organization must prepare technical design – general estimate or construction technical design – general estimate and construction drawing design – item estimate, survey estimate, design estimate, and submit them to the competent authority for approval in accordance with current State regulations to serve as the basis for settlement and finalization.

2. For contracts of tendering for consulting services:

a) International tendering for consulting services: The project owner and the consulting contractor must implement according to the procedures and formalities stipulated in this Regulation and the regulations of the financier.

b) Domestic tendering for consulting services: The project owner and the consulting contractor must implement the procedures and formalities stipulated in this Regulation and current domestic regulations.

Chapter II:

PROCEDURES AND FORMALITIES FOR SURVEYING, PREPARING TECHNICAL DESIGN

OR CONSTRUCTION TECHNICAL DESIGN - GENERAL ESTIMATE

AND CONSTRUCTION DRAWING DESIGN - ITEM ESTIMATE

Article 6. Surveying for Design

1. Requirements for surveying for design work:

The surveying must meet the following requirements:

a) The survey tasks must be consistent with the design stage requirements; they must ensure objectivity, truthfulness, and accurately reflect reality;

b) The survey outline, volume, content, and technical requirements for surveying for design work must be determined in accordance with the survey tasks, construction standards, and technical standards: topographic surveying applies Industry Standard 14TCN 114 - 2000; geological surveying applies Industry Standard 14 TCN 115 - 2000, and the proposal outlined in the bidding documents of the winning bidder or the approved construction survey outline for projects designated through tendering.

The survey outline prepared by the design organization must be approved by the competent authority for projects designated through tendering or included in the bidding documents before implementation (referred to as the approved survey outline).

c) The results of the survey must be evaluated, concluded, and accepted in accordance with current State regulations.

2. Implementation of surveying work:

The survey contractor must strictly adhere to the contents of the signed contract, the approved survey outline concerning progress, scope, volume, and quality of the survey work.

a) For projects designated through tendering: Implement according to the approved outline and budget. In case the design consulting organization requests adjustments or supplements to the survey, the project owner must review and examine the adjustment and supplement content and budget, and submit them to the competent authority for approval.

b) For domestic or international tendered projects: The survey organization must carry out the survey according to the outline in the winning bidder's bidding documents and the decision approving the tendering result (survey section). In case of adjustments or supplements to the survey, the project owner must review and examine the adjustments and supplements and submit them to the competent authority for approval of the tendering decision.

3. Reporting on survey results:

a) The main content of the survey report includes:

- Basis and methods of surveying;

- Compilation, analysis of data, evaluation of survey results;

- Conclusions on survey results and recommendations.

b) Survey products must be accepted and handed over between the survey organization and the Project Management Board A, the design organization, and retained for survey results. The acceptance of survey products is carried out in accordance with Article 7 of Decision No. 18/2003/QD-BXD dated June 27, 2003 of the Ministry of Construction on the management of construction project quality (referred to as Decision No. 18/2003/QD-BXD of the Ministry of Construction).

c) The survey result report must be prepared in seven copies, serving as the legal basis for preparing designs, reviewing, and approving design documents.

Article 7. Procedures for preparing Technical Design - General Estimate or Construction Technical Design - General Estimate

1. Requirements for preparing technical design:

a) Comply with the approved investment project;

b) The route of the works, overall layout schemes of main components at junctions and other works must be reasonable, coordinated, and meet operational and usage requirements;

c) The technical design must be appropriate to the level of the work, comply with construction standards, technical standards approved in the Feasibility Study Report or Investment Report, fire prevention and explosion protection standards, environmental protection standards, and other relevant standards to ensure safety and economy;

d) Accurately determine the location, scale, structure of the components to be invested. Detail the main load-bearing structures, calculate specific quantities accurately to meet the requirements for preparing item estimates and tender documents;

đ) Select reasonable construction methods and schedules to effectively construct, operate, and maintain the works while minimizing negative impacts on the environment;

e) Based on the items and tasks directed in the Investment Decision, consider to complete the most rational division of bidding packages, simultaneously accurately determining the main work volumes, types of materials, equipment;

g) Regulations and guidelines, related documents of the financier (memoranda, technical review reports...). International design standards for works under foreign loan projects.

2. Basis for preparing technical design or construction technical design:

a) Technical parameters and performance indicators of the works according to the approved scheme in the Feasibility Study Report or Investment Report;

b) Survey and basic investigation documents, socio-economic investigations conducted by specialized organizations with legal personality;

c) Construction standards, technical construction standards, design models issued by the State and sector. In cases where foreign construction standards and technical construction standards are applied, they must be approved by the Ministry of Construction;

d) Decision on direct award or decision approving the tender results for design consultancy, tender documents of the investor, bid documents of the successful bidder, and the technical design outline or construction technical design outline already approved by the competent authority;

đ) For works under foreign loan projects, in addition to the above provisions, the design contractor must base on:

- Regulations and guidelines of the financier for foreign loan projects;

- Related documents of the financier (memoranda, technical review reports...).

- International design standards prepared by international consultants used in the approved feasibility study project.

3. Procedures for preparing technical design or construction technical design:

3.1. The design contractor must follow the procedures:

a) Prepare the technical design outline or construction technical design outline, description, and implementation schedule to submit to the investor for preliminary review to be submitted to the competent authority for approval;

b) Prepare the technical design or construction technical design, description, and implementation schedule based on the approved outline.

3.2. The contractor must complete the design documents after review for the reviewing agency to submit to the competent authority for approval.

3.3. For construction technical designs that have been approved by the competent authority, the contractor does not need to prepare construction drawings.

4. Content of preparing technical design or construction technical design:

The components, volume, and content of preparing technical design or construction technical design, construction drawings shall be implemented in accordance with the provisions of the Vietnamese Construction Standard (TCXDVN 285 - 2002), Industry Standard TCN 119 - 2002 promulgated by Decision No. 51/2002/QĐ-BNN-XDCB dated June 17, 2002 of the Minister of Agriculture and Rural Development (referred to as Decision No. 51/2003/QĐ-BNN-XDCB of the Ministry of Agriculture and Rural Development) and Decision No. 18/2003/QĐ-BXD of the Ministry of Construction.

5. Components of the documents for review and approval of technical design or construction technical design:

The technical design documents submitted by the investor for review and approval include:

The request for review and approval of technical design or construction technical design prepared according to Appendix 4 in Decision No. 18/2003/QĐ-BXD of the Ministry of Construction.

A copy of the decision approving the investment project attached with the preliminary design documents already approved in the same project;

Main report, summary report;

Survey and construction result reports containing all contents specified in Clause 3, Article 6 of this Regulation.

Specialized reports. For works without specialized reports, those contents are detailed in the main report.

Technical design or construction technical design documents prepared according to Appendix 1 in Decision No. 18/2003/QĐ-BXD of the Ministry of Construction.

Report on the results of technical design review for works specified in Clause 1, Article 8 of Decision No. 18/2003/QĐ-BXD of the Ministry of Construction.

Acceptance records of survey and construction products, design prepared according to Appendix 2,3 in Decision No. 18/2003/QĐ-BXD of the Ministry of Construction.

Approval documents from competent state management agencies and related requirements.

For Class A projects, if there is no approved technical design or construction technical design but it is necessary to start construction, the consulting contractor must prepare the construction drawings of the commencement component for the investor to submit to the competent authority for approval. The procedures, documents for reviewing and approving construction drawings and item estimates are carried out according to the procedures for reviewing and approving technical design - general estimate. At the latest after completing 30% of the total investment amount, the design contractor must complete and the competent authority must approve the technical design or construction technical design. The preparation of construction drawings and item estimates is carried out in accordance with the provisions of Article 10 of this Regulation.

Article 8. Procedure for preparing the general estimate of construction works:

1. Requirements for preparing the general estimate of construction works:

Preparing the general estimate of construction works must meet the following requirements:

a) The general estimate of the project must be prepared by the winning tender consultant or the designated tender consultant.

b) The general estimate of the project must comprehensively and accurately compile the quantities of each item and work in the technical design documents or construction technical design documents.

c) The general estimate of the project must be based on current national norms, estimates, and basic construction unit prices.

d) In cases where the general estimate of the project is based on point unit prices, the point unit price of the project must be approved by the competent state authority before preparing the general estimate.

đ) For projects under foreign loan schemes (ODA), in addition to implementing the above regulations, the preparation of the general estimate of the project must comply with the provisions in the signed agreement (capital structure, international consulting fees, etc.).

2. Basis for preparing the general estimate of the project:

The basis for preparing the general estimate of the project includes:

a) The total investment amount in the decision approving the feasibility study report or the investment report;

b) Technical design documents or construction technical design documents prepared by the design consultant;

c) Current national norms and basic construction unit prices applicable to the construction project area;

d) Domestic or foreign systems and policies related to the project.

3. Content of preparing the general estimate of the project:

a) The general estimate of the project is prepared based on composite unit prices or individual unit prices but must not exceed the approved total investment amount. The value of the general estimate includes construction and installation costs, equipment costs, other costs, and contingency costs;

b) The consulting unit must calculate construction and installation costs, equipment costs, other costs, contingency costs, and must calculate the main construction and installation works' quantities according to the provisions of Circular No. 09/2000/TT-BXD dated July 17, 2000, and Circular No. 07/2003/TT-BXD dated July 17, 2003, issued by the Ministry of Construction;

c) For the general estimate of the project under ODA projects, in addition to implementing the above regulations, the consulting unit must base on the provisions regarding the ratio of domestic capital (counterpart funds), foreign capital for each type of cost in the signed agreement and the management costs of the investor to determine the capital structure according to the provisions of Circular No. 09/2000/TT-BXD dated July 17, 2000, issued by the Ministry of Construction.

4. Components of the dossier submitted for review and approval of the general estimate of the project:

a) The request for review and approval of the general estimate according to Appendix 4 of Circular No. 07/2003/TT-BXD dated June 17, 2003, issued by the Ministry of Construction;

b) Decision approving the feasibility study report, technical feasibility report, and total investment amount;

c) Technical design documents or construction technical design documents that have been approved or endorsed by the Ministry;

d) Current national norms and basic construction unit prices applicable to the construction project area;

đ) Domestic or foreign systems and policies related to the project;

g) Acceptance record of the general estimate dossier between the investor and the consulting unit preparing it;

h) Explanation of the general estimate;

i) Summary table of the general estimate, separate summary tables for each cost category including construction and installation costs, equipment costs, other costs, and calculation table of the main construction and installation works' quantities or project item estimates.

Article 9. Quantity of Design Documents and Total Project Budget Estimates

1. For technical design:

The design unit shall deliver to the project owner seven sets for submission to:

- The authority approving the technical design and total project budget estimate (one set);

- The authority reviewing the technical design and total project budget estimate (one set);

- The project owner (three sets);

- The fire prevention and firefighting authority for review regarding fire prevention (one set - if necessary);

- The construction contractor (one set).

2. For technical-execution design:

The design unit shall deliver to the project owner nine sets for submission to:

- The authority approving the technical-execution design and total project budget estimate (one set);

- The authority reviewing the technical-execution design and total project budget estimate (one set);

- The project owner (four sets);

- The fire prevention and firefighting authority for review regarding fire prevention (one set - if necessary);

- The construction contractor (two sets);

In case the project owner requests more sets than specified above, such request must be agreed upon in the contract, and the project owner shall bear the printing costs for the additional sets.

Article 10. Preparation of Construction Drawings and Item Budget Estimate

1. General Requirements:

a) Construction drawings must comply with the approved technical design;

b) They must detail architectural, structural, and technical system elements of the project for the construction contractor to implement;

c) They must ensure sufficient conditions for preparing the budget estimate;

d) They must include annotations on material specifications, instructions on construction procedures and methods, and labor safety measures;

đ) Adjustments or modifications that reduce the capacity, scale, main load-bearing structures, or lifespan of the project as stated in the design tasks and approved technical design must be approved by the competent authority. In cases where adjustments or modifications do not change these technical criteria, they must be approved through the tender document (if the project is tendered) or the construction drawings (if the project is designated).

- In cases where adjustments do not change the aforementioned technical criteria, approval must be obtained through the tender document (if the project is tendered) or the construction drawings (if the project is designated).

2. Basis for Preparing Construction Drawings:

a) Approved technical design;

b) Building standards and regulations applied;

c) Documentation on natural and technical conditions: topography, geology, hydrogeology, meteorology, hydrology, seismic activity in the construction area, environmental impact, current quality status of the project (for renovation and repair), infrastructure projects...

3. Content of Construction Drawing Preparation:

The components, volume, and content of construction drawing preparation and item budget estimates are stipulated in Industry Standard 14TCN 119-2002, issued by Decision No. 51/2002/QĐ-BNN-XDCB of the Ministry of Agriculture and Rural Development.

4. Construction Drawing Design Documents:

Construction drawing design documents include:

- A set of drawings including: current site plans, location of the project on maps and overall site plans, architectural details (floor plans, elevations, sections...), construction details (foundation structure, load-bearing structure, technical systems...), typical and complex connection details, production process flowcharts...

- Schedule of construction items, auxiliary construction items, and construction service items;

- Technical instructions and construction methods;

- Operation and maintenance procedures for the project.

5. Item Construction Budget Estimate:

a) The post-tax value of the item construction budget estimate includes the pre-tax value of the construction budget estimate and the output VAT amount;

b) The pre-tax value of the item construction budget estimate includes direct costs, general expenses, and taxable income before tax;

c) The preparation of the item construction budget estimate must be carried out according to Circular No. 09/2000/TT-BXD dated July 17, 2000, and Circular No. 07/2003/TT-BXD dated June 17, 2003, of the Ministry of Construction.

Article 11. Documents for Review and Approval of Construction Drawings and Item Budget Estimate

The construction drawings and item budget estimate serve as legal grounds for preparing tender documents or signing construction contracts (for designated projects) and for contractors to carry out construction work.

Before submitting to the competent authority for approval, the construction drawings and item budget estimate must be reviewed and signed by the project owner in accordance with Decision No. 18/2003/QĐ-BXD of the Ministry of Construction.

1. Documents for Review and Approval Include:

a) Request for approval of construction drawings and item budget estimate;

b) Reviewed construction drawings and item budget estimate by the project owner;

c) Approved technical design;

d) Building standards and regulations applied;

đ) Documentation on natural and technical conditions: topography, geology, hydrogeology, meteorology, hydrology, seismic activity in the construction area, environmental impact, current quality status of the project (for renovation and repair), infrastructure projects...

e) Current national basic construction cost norms and unit prices in the construction area;

g) Relevant domestic or foreign policies and regulations;

h) Acceptance record of construction drawings and item budget estimate between the project owner and the consulting firm.

2. Number of Sets: Five sets, three for the project owner and two for the reviewing authority.

CHAPTER III:

TECHNICAL DESIGN REVIEW - ESTIMATED TOTAL COST,

TECHNICAL CONSTRUCTION DESIGN - ESTIMATED TOTAL COST,

CONSTRUCTION DRAWING DESIGN - ITEM ESTIMATE.

Article 12. Basis for Review

Relevant legal documents:

a) Government Decrees;

b) Documents from state management agencies regarding quality control and project costs;

c) Economic and technical standards, policies, and systems related to the project;

d) Decision approving the investment project.

The application for approval of technical design or construction drawing design and estimated total cost submitted by the investor.

Design documents and estimated total cost of the project.

Documents accepting the design from competent state management authorities concerning: inland waterway transport, fire safety, explosion prevention, environmental safety, mineral resources, dyke management, and other relevant requirements (if applicable).

For projects funded by foreign loans (ODA): in addition to the above bases, when reviewing, must also refer to the provisions of the lender; related documents (memorandums, technical review reports...); international design standards established by international consultants used in the approved feasibility study project and provisions in signed agreements (capital structure, international consulting fees...).

Article 13. Content of Review

The content of reviewing technical design or technical construction design and estimated total cost for hydraulic works shall be carried out according to Decree No. 52/1999/ND-CP dated July 8, 1999, Decree No. 12/2000/ND-CP dated May 5, 2000, Decree No. 07/2003/ND-CP dated January 30, 2003 of the Government; Decision No. 18/2003/QD-BXD of the Ministry of Construction and Decision No. 91/2001/QD-BNN-XDCB of the Ministry of Agriculture and Rural Development. The main contents include:

1. Legal status of the designing entity or individual;

2. Compliance of the technical design with the approved content in the investment decision on: scale, technology, capacity, economic and technical indicators, norms, unit prices, and current national policies; planning, architecture, construction standards, applied technical standards, technical solutions, structural engineering, and reasonable operational procedures, specifically including:

a) The compliance and correctness of the design project with the approved investment project. Main contents to consider include:

+ Design standards;

+ Dam, spillway, culvert, and other headworks routes, water conveyance channels;

+ Structural engineering solutions, embankment fill density, foundation treatment, energy dissipation anti-erosion measures of the project;

+ Capacity, head, flow rate of pumps, hydraulic turbines;

+ Overall scientific layout for convenient operation management and aesthetic appearance of the project;

+ Norms, unit prices, volume, and cost of the project, project effectiveness;

+ Construction land area (construction land and protective buffer zones);

+ Environmental management and protection solutions;

+ Compensation, relocation, and resettlement data, plans, and solutions;

+ Fire prevention, explosion prevention, safety, and social issues...

b) Economic and technical indicators compared to the approved project;

c) Compliance of the estimated total cost with the reviewed technical design without exceeding the approved total investment amount;

d) Conditions and technical solutions ensuring stability of adjacent structures;

e) Environmental protection and safety measures during construction;

3. For large-scale projects (Groups A and B), technical design reviews can be conducted in phases of the project suitable for construction stages (architecture, foundations, main load-bearing structures, technical systems), but must align with the overall site plan of the entire project;

4. For ODA-funded projects, in addition to the above contents, the technical design and estimated total cost must comply with technical requirements, capital structure, and other provisions in signed agreements;

5. The report on the review results submitted to the competent authority for approval must clearly state the errors in the design and conclusions on the use of the design - estimated total cost.

Article 14. Appraisal Authority

1. Appraisal Authority:

a)- The functional agency assigned by the Minister of Agriculture and Rural Development to lead the technical design - total budget estimate or construction technical design - total budget estimate, construction drawing design - item budget estimate shall be responsible for organizing the appraisal and soliciting opinions from relevant agencies and units inside and outside the sector.

b)- For complex water conservancy projects belonging to Group A or Group B projects, the Minister of Agriculture and Rural Development shall establish an Appraisal Council including representatives of relevant Departments and Bureaus, related specialized agencies, and experts with professional qualifications and experience (geology, hydrology, hydropower, structure...). The leading appraisal authority is the permanent body of the Appraisal Council of the Ministry. The duties and powers of the Appraisal Council are stipulated in the decision on establishment.

c)- For complex water conservancy projects managed by provinces or centrally governed cities that request the functional agency of the Ministry of Agriculture and Rural Development to conduct the appraisal, the local project investor must submit the appraisal dossier and follow the procedures and formalities prescribed herein.

2. Powers of the Appraisal Authority:

The Appraisal Authority may require the project investor and design consultant:

a)- To submit a complete, valid appraisal dossier within the time limit specified in Articles 6, 7, 8, and 10 of this Regulation;

b)- To report or explain issues within the scope of the appraisal as stated in Articles 6, 7, 8, and 9 of this Regulation;

c)- To correct any errors (if any). In case there are inconsistencies during the appraisal process, the Appraisal Authority must report to the Ministry of Agriculture and Rural Development.

3. Appraisal Responsibilities:

a)- The Appraisal Authority or the permanent body of the Appraisal Council is responsible for checking the validity of the dossier submitted by the investor, and if it is not valid, they must request the investor in writing to supplement it within the prescribed time limit for appraisal;

b)- The leading Appraisal Authority and related agencies participating in the appraisal must bear responsibility before the competent authority approving and before the law regarding the results of their appraisal;

c)- Related agencies must bear responsibility before the Ministry and before the law regarding the opinion of their unit's appraisal;

d)- Appraisal experts must bear responsibility before the Appraisal Authority and before the law regarding their appraisal opinion;

đ)- The leading Appraisal Authority is responsible for compiling the opinions of related units, and at the same time, must include conclusions and recommendations in their appraisal report and bear responsibility for those conclusions. The appraisal report must be carried out according to Appendix 5 of Decision No. 18/2003/QĐ-BXD of the Ministry of Construction and Appendix 3 of Decision No. 91/2001/QĐ-BNN-KHCN dated September 11, 2001 of the Ministry of Agriculture and Rural Development on Quality Management of Water Conservancy Projects (referred to as Decision No. 91/2001/QĐ-BNN-KHCN of the Ministry of Agriculture and Rural Development);

e)- Before submitting the technical design - total budget estimate or construction technical design - total budget estimate of the project to the competent authority for approval, the leading Appraisal Authority must organize a report to the competent authority approving about the results of their appraisal. Participating in the report are the design consultancy unit, local representative, and related functional agencies;

g)- In the dossier submitted to the competent authority for approval of the technical design - total budget estimate or construction technical design - total budget estimate of the project, the leading Appraisal Authority must include an appraisal report and attach all related appraisal documents of relevant agencies, consulting experts, and the dossier submitted for appraisal. These documents must be stored together with the project investment dossier;

h)- For technical design - total budget estimate or construction technical design - total budget estimate of projects funded by ODA loans: After the dossier has been appraised at the central level, the Central Project Management Board for Water Conservancy (CPO) is responsible for working with the financier to obtain an agreement document and send it to the leading Appraisal Authority for submission to the competent authority for approval;

i)- The leading Appraisal Authority is responsible for drafting the decision on approval of the technical design - total budget estimate or construction technical design - total budget estimate for submission to the competent authority for approval along with the appraisal dossier and must comply with Appendix 4 of Decision No. 91/2001/QĐ-BNN-KHCN of the Ministry of Agriculture and Rural Development.

Article 15. Time for Appraisal and Appraisal Costs:

1. The time for appraising technical designs and total budgets is implemented according to the provisions of Clause 4, Article 37 of the Investment Management and Construction Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government, specifically as follows:

a)- Group A projects: not exceeding 45 days, starting from the date when all valid dossiers are received.

b)- Group B projects: not exceeding 30 days, starting from the date when all valid dossiers are received.

c)- Group C projects: not exceeding 20 days, starting from the date when all valid dossiers are received.

2. The cost of appraising technical designs or construction technical designs and total budgets is included in the total budget of the project according to the current regulations of the State.

CHAPTER IV:

APPROVAL OF TECHNICAL DESIGN - TOTAL ESTIMATE,

TECHNICAL CONSTRUCTION DESIGN - ESTIMATED TOTAL COST,

CONSTRUCTION DRAWING DESIGN - ITEM ESTIMATE

Article 16. Basis for Approval

The bases for approving technical design - total estimate or construction technical design - total estimate include:

Explanation on the preparation of technical design or construction technical design;

Set of development drawings (current site plan, location of the project on the map, overall layout drawing, item drawings, architectural drawings, structural drawings...);

Tables of main work volume calculations;

Explanation on the preparation of total estimate;

Total estimate and overall schedule (for projects requiring approval of overall schedule);

Document assessing technical design - total estimate or construction technical design - total estimate of the project by the assessment agency;

Documentation interpreting and summarizing the construction volume of the project (forecast) determined in the technical design or construction technical design;

Norms, unit prices, regulations, policies, other costs according to state provisions and the sponsor's provisions;

Other related documents (if any).

Article 17. Content of Approval Decision

1. Approve the main contents of technical design or construction technical design, including:

a) Name, location;

b) Project scale, technology, capacity;

c) Land area usage: including permanent and temporary land areas...;

d) Determination of the project investor and management form of implementation;

đ) Main economic and technical indicators, project grade, architectural planning, applied technical standards, operation procedures;

e) Technical measures for protecting adjacent structures, environment, ecology, fire prevention, labor safety, industrial hygiene;

g) Technical design solutions;

h) Approval of technical design may differ from preliminary design, but must not change the investment decision content.

2. Approve the total estimate:

a) Total estimate value including approved construction cost structure, equipment and other expenses consistent with the approved total investment amount;

b) Time point for determining the total estimate value;

c) Investment capital sources (domestic, foreign, local, beneficiary...);

d) Resettlement plan;

đ) Matters to be noted or existing issues, requirements for supplementary documentation; (if applicable);

e) - Responsibilities of relevant Ministries, sectors, localities in implementing the decision.

Article 18. Authority to Approve Technical Design - Total Estimate or Construction Technical Design - Item Estimate

The authority to approve technical design - total estimate or construction technical design - total estimate of water conservancy projects using state budget funds shall be implemented in accordance with Clause 14, Article 1 of Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government, specifically as follows:

1. The Minister of Agriculture and Rural Development approves or assigns the Deputy Minister to approve technical design - total estimate or construction technical design and total estimate of water conservancy projects belonging to Class A, B, and C projects.

2. Depending on the nature and technical requirements of water conservancy projects, the Minister of Agriculture and Rural Development may delegate authority to the Director of the Bureau, Head of the Ministry's affiliated agencies, or Chairman of the State-Owned Enterprise Management Board under the Ministry to approve technical design - total estimate or construction technical design - total estimate of projects belonging to Class B and C.

3. For Class A projects, if there is no approved technical design - total estimate but commencement is necessary, then there must be approved construction drawings and item estimates for commencement by the authorized person and a lawful tendering contract. Within the latest 30% of the total investment amount, an approved technical design - total estimate must be obtained.

4. The Director of the Bureau, Head of the Ministry's affiliated agencies assigned by the Minister of Agriculture and Rural Development to approve construction drawings - item estimates of projects must be based on the approved technical design - total estimate of the project.

5. The project investor, authorized to approve construction drawings and item estimates of ancillary works (fences, office buildings...) and non-tendered items must base their approvals on the approved technical design - total estimate of the project.

Chapter V:

IMPLEMENTATION

Article 19. Responsibilities of Survey and Design Organizations

Survey and design organizations must comply with the provisions set forth in Article 15, Clause 2 of Article 46 of the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999, and Clause 8 of Article 1 of Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government, Decision No. 18/2003/QĐ-BXD of the Ministry of Construction, and Decision No. 91/2001/QĐ-BNN-KHCN of the Ministry of Agriculture and Rural Development regarding relevant contents in this Regulation.

1. The survey organization shall be responsible for organizing the implementation of the approved survey outline to ensure quality and time stipulated in the contract.

2. The survey organization shall be responsible for the reliability and quality of the survey documents it produces before the design organization, the project owner, and the law.

3. The survey organization shall be liable for compensating for any additional costs arising from survey results that differ from reality.

4. During the survey process, the survey organization has the right to request adjustments and supplements to the survey work to suit design requirements and actual conditions to ensure construction quality (if applicable).

5. In cases of designated bidding, the survey organization must prepare a survey budget for review by Board A and submit it to the competent authority for approval as the basis for settlement and finalization of survey costs.

Article 20. Responsibilities of Design Consultancy

Design consultancy organizations must comply with the provisions set forth in Article 15, Clause 2 of Article 46 of the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999, and Clause 8 of Article 1 of Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government, Decision No. 18/2003/QĐ-BXD of the Ministry of Construction, and Decision No. 91/2001/QĐ-BNN-KHCN of the Ministry of Agriculture and Rural Development regarding relevant contents in this Regulation.

1. Design consultancy organizations must ensure all necessary conditions and capabilities regarding legal status, registration for design consultancy practice, and be responsible before the project owner and the law for the contents committed in the contract, the accuracy of design products (technical solutions and budget quantities), especially economic-technical contents determined in their own design products, and must compensate for damages caused by themselves.

2. In design products, it is strictly prohibited for consultancy organizations to designate the use of specific types of technical materials produced or supplied by certain manufacturers or suppliers, and they may only require general technical performance specifications for materials or technical supplies.

3. Design projects can only be carried out when the chief designer and main designers have sufficient capacity as prescribed by the Ministry of Construction and confirmed in the bidding documents (in the case of consultancy bidding). The chief designer and main designers must bear personal responsibility before the project owner and the law for the quality of the design, calculation results, structural safety, and stability of the project (including the accuracy of forecasts and budgets) of the products they produce.

4. Design consultancy organizations must have a system for managing the quality of design products to control the quality of design products.

5. Propose requirements, recheck survey results, and accept survey documents that meet design requirements.

6. Ensure compliance with the design schedule stipulated in the signed contract, provide design documents on time, and be responsible for supplementary and corrective actions according to the requirements of the reviewing body and competent authority.

7. Present and explain the design during the review and approval process according to the requirements of the reviewing body and approver.

8. Design consultancy organizations that prepare technical designs or construction technical designs must supervise the author during the construction installation process and project acceptance.

9. Design organizations may not subcontract the entire contract or the main part of the contract content to other design consultancy organizations.

10. Strictly prohibit design organizations from undertaking design beyond the registered scope or using the name of another design organization under any form.

11. Hold the copyright of the design project (except for standard designs issued by the State), store and manage original documents. When using copyrighted designs, design organizations must pay royalties and be responsible before the law for their use.

12. Participate with the project owner in project acceptance according to construction quality management regulations issued by the Ministry of Construction. Design consultancy organizations are responsible for modifying, supplementing, and changing designs when changes occur during construction installation.

13. In cases of designated bidding, the design contractor must prepare a design budget for review by the project owner and submit it to the competent authority for approval as the basis for settlement and finalization of design costs.

The review and approval of technical design by the project owner and the reviewing body do not reduce the liability of the design contractor before the law.

Article 21. Responsibilities of the Project Investor

The project investor shall be responsible for implementing the provisions stipulated in Article 14, Clause 1 of Article 46 of the Investment Management and Construction Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government, Decision No. 18/2003/QĐ-BXD of the Ministry of Construction, and Decision No. 91/2001/QĐ-BNN-KHCN of the Ministry of Agriculture and Rural Development regarding the relevant contents in this Provision.

1. Fully implement current state regulations on the preparation, review, and submission for approval of technical design - general estimate or construction technical design - general estimate, construction drawing design - item estimate.

2. Organize bidding or selection of consulting firms for design services. The cost of construction design shall be determined based on the bidding results for selecting design consultants, but it must not exceed the design cost set forth by the Ministry of Construction.

3. Sign contracts to assign design work to construction consulting organizations that have legal person status and are registered to operate in the relevant field, supervise and urge the implementation of design work in accordance with the contract's provisions.

4. The project investor shall be responsible for reviewing the content and quality of technical design - general estimate or construction technical design - general estimate, construction drawing design - item estimate prepared by the design consultant according to the signed contract before submitting them to the competent authority for approval and to the review agency.

5. At the request of the competent authority, the project investor must hire a design consulting organization that does not directly design the project to conduct a review of the technical design prior to submitting it for review and approval for dike, dam, water reservoir projects, and other projects where failure could result in disaster. For other projects, the project investor shall conduct the review themselves. Review costs shall be implemented in accordance with current state regulations.

6. The project investor has the responsibility to submit the design - general estimate dossier to the competent authority for review before the competent authority approves the technical design - general estimate or construction technical design - general estimate, construction drawing design - item estimate, in accordance with Article 13 of this Provision.

7. Has the right to request consulting organizations to explain about the quality of materials, equipment, and work they have established.

8. Provide documents, data, and necessary legal texts for the design consulting organization to base their project design on.

9. Request the design consulting organization to resolve any issues arising from changes in design during the construction process.

10. Settle survey and design fees between the project investor and the surveying and design consulting organizations according to the economic contract signed, the quality and quantity acceptance record, approved estimate for designated tender projects, or the decision approving the tender results for tendered projects.

For international consultancy tendered projects, in addition to implementing the procedures and formalities stipulated in this Provision, the project investor must comply with the provisions of the Funding Agency as agreed upon in the Agreement.

Article 22. Responsibilities of the Authority in accordance with Determining and Approving Technical Design - General Estimate or Construction Technical Design - General Estimate and Construction Drawing Design - Item Estimate

1. The authority responsible for approving the technical design - general estimate or construction technical design - general estimate shall bear legal responsibility for their decision.

2. Agencies assigned to review, the Technical Design - General Estimate or Construction Technical Design - General Estimate Review Board shall be responsible to the authority approving and to the law for the results of the review as stipulated in Clause 2 of Article 14 of this Provision.

- For international consultancy tendered projects, the reviewing agency must include a consent letter from the Funding Agency in the dossier submitted to the authority for approval of the technical design - general estimate of the project.

- The reviewing agency may hire consulting organizations with legal person status, capability, and experts to review the technical design - general estimate or construction technical design - general estimate of specialized projects or projects with complex technical requirements. Consulting organizations and individuals conducting the review shall be responsible to the reviewing agency and to the law for the results of their professional review.

3. The approval document for the technical design - general estimate or construction technical design - general estimate of the project must be sent to the following agencies for supervision and management:

a) For projects under Group A investment projects, regardless of funding sources, send to: Office of the Government, Ministry of Planning and Investment, Ministry of Agriculture and Rural Development, Ministry of Construction, State Treasury Central Office, Provincial State Treasury, People's Committee of the province, centrally governed city where the project is located;

b) For projects under Group B and C investment projects, send to: The agency authorized to decide on investment, planning and finance agency at the same level, People's Committee of the province, centrally governed city, and Department of Agriculture and Rural Development where the project is located;

4. Approved design documents, the reviewing agency, and the authority approving must manage, hand over, and store them in accordance with current regulations of the Ministry and the State.

CHAPTER VI:

IMPLEMENTING PROVISIONS

Article 23. Effectiveness

This regulation shall take effect fifteen days after its publication in the Official Gazette. Any conflicting provisions shall be abolished.

Article 24. Responsibility for Implementation

The Head of the Ministry’s Office, Heads of the Functional Bureaus and Departments, Project Management Board, Heads of subordinate units under the Ministry, Directors of Provincial Departments of Agriculture and Rural Development, and related units are responsible for implementing this regulation. In the course of implementation, if there are any difficulties, the unit shall submit a document to the Ministry of Agriculture and Rural Development for study and resolution./.