Directive No. 07/2005/CT-BTS on Enhancing Efficiency and Preventing Wastage and Losses in State Capital Investment Construction under the Ministry of Fisheries

  DIRECTIVE
On enhancing efficiency and preventing waste and loss in investment construction using state capital under the Ministry of Fisheries
In recent years, the basic construction investment work of the Fisheries Sector has achieved some significant results. As a result, the technical infrastructure of the Fisheries Sector has been gradually upgraded and improved. Initially, the investment effectiveness has been demonstrated, contributing to industrialization and modernization; protecting national security, defense, and sovereignty.

Implementing Directive No. 21/2005/CT-TTg dated June 15, 2005 of the Prime Minister on implementing the National Assembly's Resolution on basic construction investment work using state capital and preventing waste and loss in investment construction, while continuing to strictly implement Directive No. 07/2004/CT-BTS dated June 30, 2004 on rectifying investment management and construction work under the Ministry of Fisheries; the Minister of Fisheries hereby directs:

1. The Planning and Finance Department:

To take the lead and coordinate with relevant agencies to continue reviewing and perfecting the overall planning of the Fisheries Sector; regional and production field plans to serve as a basis for implementing development tasks.

To take the lead and coordinate with the Science and Technology Department, the Organization and Cadres Department to review investment construction projects in units under the Ministry using state capital during the 2001-2005 period, compare them with approved plans, funding capacity, implementation procedures and formalities in basic construction investment management, investment objectives and effectiveness; from which to propose measures and report to the Minister before December 31, 2005.

To consolidate and improve the planning and allocation of investment construction funds; strictly adhere to the principle of allocating funds only when all procedures required by the Construction Law have been completed; ensuring proper and effective use.

To study and propose specific criteria for balancing and allocating investment funds for programs and projects under the Ministry and the Fisheries Sector according to the principle of concentration, prioritization, and harmonization between funding balance capability and actual needs; implementing transparency in fund allocation.

To comply with construction norms, standards, and regulations published by the Ministry of Construction and other specialized construction management ministries when appraising investment projects. To inspect compliance with construction quality management regulations for project sponsors managed by the Ministry.

To review the settlement of basic construction investment capital from the state budget in the 2001-2005 period; to propose measures to address the common issue of completed construction works being put into use without final investment capital settlement as currently observed.

To take the lead, guide, supervise, and urge units under the Ministry assigned as project sponsors to complete final investment capital settlement for completed projects and settle investment capital for project components, works, and projects within the prescribed deadlines, summarizing and reporting to the Minister before December 31, 2005.

To take the lead, coordinate with the Science and Technology Department, the Legal Affairs Department to develop a strict and effective inspection, supervision, and appraisal process for all stages of the investment construction process: planning, investment preparation, implementation, acceptance, settlement, and operation of works. To define authority levels and responsibilities for these tasks.

To develop a plan to regularly guide and inspect management tasks in basic construction investment delegated to project sponsors, if violations of laws or deviations from sectoral development plans, standards, and conditions are discovered, then handle them within authority or report to the Minister for review.

To take the lead, coordinate with the Ministry Inspectorate to annually publish a list and forms of punishment for contractors frequently violating economic contract laws, tendering regulations, and construction quality at projects under the Ministry on the State Tender Information website managed by the Ministry of Planning and Investment.

To take the lead, coordinate with relevant agencies to review, perfect, and supplement technical and economic standards for specialized fisheries construction serving investment construction management.

2. Science and Technology Department

3. The Organization and Cadres Department:

To take the lead and coordinate with the Planning and Finance Department, the Legal Affairs Department to advise the Ministry to strongly decentralize basic construction investment management, reduce the Ministry's dual role of managing and being a sponsor for specific projects, especially those in local areas.

To take the lead and coordinate with the Planning and Finance Department to review the current project management boards; propose solutions to address issues, aiming to dissolve boards lacking the necessary qualifications, limit direct sponsors managing projects, and enhance the form of hiring qualified project management consultants suitable for each type and level of construction as stipulated by the Construction Law and government and Ministry of Construction guidance documents.

4. The Ministry Inspectorate:

To strengthen regular and surprise inspections of basic construction investment projects in units directly under the Ministry of Fisheries.

To take the lead and coordinate with relevant agencies to evaluate and summarize efforts to prevent waste and loss in basic construction investment, proposing measures to deal with organizations and individuals involved in negative activities, and reporting to the Minister.

5. Heads of units assigned as project sponsors:

To strengthen inspection and direction in enforcing legal regulations in basic construction investment, taking measures to promote completion of assigned tasks.

To be fully responsible for the effectiveness, quality, and progress of construction works and projects. To select project directors who meet the qualifications and are suitable for each type and level of construction as stipulated by the Construction Law and government and Ministry of Construction guidance documents.

Chấp nhận trách nhiệm toàn diện về hiệu quả, chất lượng và tiến độ xây dựng công trình, dự án. Lựa chọn giám đốc điều hành dự án là người có đủ điều kiện năng lực theo quy định của Luật Xây dựng và các văn bản hướng dẫn thực hiện của Chính phủ, Bộ Xây dựng đối với từng loại và cấp công trình.

Select competent officials with legal knowledge and a high sense of responsibility to establish Project Management Boards, improve and reorganize existing project management boards to ensure they have sufficient professional capacity and experience as prescribed by the Government.

Strengthen the management of financial control systems, accounting, and final settlement of investment capital for completed projects of subordinate units and report the results to the Ministry in accordance with regulations.

6. Investors and Project Management Boards:

Must conduct investment supervision and evaluation, clearly identify the causes and measures to be taken by relevant parties for construction projects that require adjustment before reporting to the competent authority for approval.

Must fully comply with legal procedures regarding tendering when organizing tenders for construction investment projects. In particular, the evaluation of tender documents must be strictly conducted in accordance with regulations; individuals who do not meet professional standards, lack integrity, or have previously made errors in evaluating tender documents shall not be appointed as members of the tender evaluation advisory team. Strictly handle those who violate during the tender evaluation process. When designating contractors or conducting restricted tenders, it is strictly prohibited to designate construction contractors or consulting firms that do not have the appropriate capacity for the type and level of the project as stipulated by the Construction Law and implementing guidelines issued by the Government and the Ministry of Construction.

Enhance inspection and build a quality monitoring system with sufficient capacity and effectiveness to assist investors in supervising, controlling, certifying quality, progress, and addressing issues during construction. Firmly deal with consultants and contractors who engage in negative behavior or lack responsibility affecting the quality of the project.

Accelerate the preparation and submission of final settlement reports for completed projects to ensure compliance with content, quality, and deadlines as prescribed. Particularly, investors must complete all investment and construction management procedures (including adjustments if necessary) concerning total investment amount, total budget estimate, budget estimate, value of tender packages, contract value, and management of additional costs incurred during construction in accordance with regulations, and submit them to the competent authority for approval before the deadline for submitting the final settlement report for completed projects as prescribed.

The Planning and Finance Department, together with the Inspectorate of the Ministry, will monitor and urge the implementation of this Directive and regularly report to the Minister as prescribed.