Circular No. 07/2024/TT-BCA stipulates the分级授权、委托、权限和实施关于投资建设安全工程项目若干内容的程序,适用于公安部和地方单位。该通函自2024年4月10日起生效。
적용 범위
Ministry of Public Security agencies, provincial and municipal public security bureaus directly under the central government; organizations and individuals related to investment construction projects for security works.
핵심 사항
- The Minister of Public Security delegates authority to provincial and local public security bureaus to decide on investment and construction for projects with a total investment amount below 45 billion VND.
- The authority to decide on the investment policy for construction is carried out by the Minister of Public Security and the Department of Planning and Finance.
- The Construction Management and Barracks Administration organizes the review of design for construction for projects decided upon by the Minister of Public Security for investment.
- Inspection of the acceptance work for construction projects is carried out by the Construction Management and Barracks Administration.
- The authority to approve adjustments to design and construction budget estimates is carried out by the Construction Management and Barracks Administration or the head of provincial and local public security units.
🌐 이 문서의 사회적 영향
- Positive impact: Reducing time and costs for the approval of investment and construction projects for security works.
- Negative impact: It may cause difficulties in quality management due to the delegation of more authority.
- Benefit: Enterprises and citizens benefit from this regulation through reduced time for investment and construction procedures for security works.
❓ 자주 묻는 질문
To whom does the Minister of Public Security delegate the authority to decide on investment and construction?
The Minister of Public Security delegates authority to provincial and local public security bureaus to decide on investment and construction for projects with a total investment amount below 45 billion VND.
Who carries out the authority to approve the construction design?
The authority to approve technical design is carried out by the decision-maker for investment and construction; the authority to approve construction drawings is carried out by the project sponsor.
What responsibilities does the Construction Management and Barracks Administration have?
The Construction Management and Barracks Administration is responsible for managing, organizing inspections, and evaluating the implementation of regulations regarding investment and construction activities for security works.
How long is the period from the investment decision to the approval of the construction design?
Specific deadlines are not mentioned in the document, but generally, this period depends on the procedures and documentation of each project.
What requirements are there for the review of construction design?
The review of construction design must comply with legal regulations, including soliciting opinions from relevant agencies and completing within a maximum of 18 days.
전문
CIRCULAR
Regulations on分级、授权、审批权限和实施关于安全工程项目投资建设若干内容的程序
关于安全工程项目的投资建设内容
Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;
Pursuant to the Government Investment Law dated June 13, 2019; the Law Amending and Supplementing Certain Provisions of the Government Investment Law, Public-Private Partnership Investment Law, Investment Law, Housing Law, Bidding Law, Electricity Law, Enterprise Law, Special Consumption Tax Law, and Civil Execution Law dated January 11, 2022;
Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government detailing construction contracts;
Pursuant to Decree No. 50/2021/ND-CP dated April 1, 2021 amending and supplementing certain provisions of Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government detailing construction contracts;
Pursuant to Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government on the management of construction investment costs;
Pursuant to Decree No.06/2021/NĐ-CP date Pursuant to Decree No. 26/2021/ND-CP dated January 26, 2021 of the Government detailing certain contents regarding quality management, construction, and maintenance of construction projects;
Pursuant to Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing certain contents regarding project management of investment construction;
Pursuant to the Government Decree No. 35/2023/NĐ-CP dated June 20, 2023 amending and supplementing certain articles of decrees under the Ministry of Construction's jurisdiction;
At the proposal of the Director of the Construction Management and Barracks Administration Department;
The Minister of Public Security promulgates this Circular regulating classification, authorization, approval authority, and procedures for implementing certain contents regarding investment construction projects for security works.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
Article 1. This Circular regulates classification, authorization, approval authority, and procedures for implementing certain contents regarding investment construction projects for security works (hereinafter referred to as the project), including:
a) Classification, authorization to decide on investment construction; approval authority to examine and decide on investment policy;
b) Approval authority, procedures for examining feasibility study reports and economic-technical investment construction reports;
c) Approval authority, procedures for examining and approving design implementation after basic design and budget estimates, total construction budget estimates;
d) Inspection of completion acceptance work for construction projects;
e) Responsibilities of public security units and localities, and related organizations, entities, and individuals in investment construction of security works.
Article 2. Projects applying the Engineering-Procurement-Construction (EPC) contract form shall be implemented in accordance with laws on construction and other relevant laws.
Article 3. Decisions on investment construction projects using capital for production and business activities of enterprises shall be made in accordance with the Law on Management and Use of State Capital for Production and Business at Enterprises.
Article 4. For preparatory activities for construction projects, selection of contractors, signing of construction contracts, supervision of construction, warranty, maintenance of construction projects, resolution of incidents during construction, settlement of construction contracts, settlement of investment construction projects, and other construction investment activities not specified in this Circular, they shall be carried out in accordance with the Construction Law and other relevant laws.
Article 2. Applicability
This Circular applies to the Ministry of Public Security and Public Security units and localities directly under the central government (hereinafter collectively referred to as Public Security units and localities); organizations, entities, and individuals related to investment construction projects for security works.
Article 3. Explanation of Terms
In this Circular, the following terms shall be understood as follows:
1. Decision Maker for Investment Construction is the Minister of Public Security or the Head of Public Security units and localities authorized by the Minister of Public Security to decide on investment construction.
2. Person Authorized to Decide on Investment Construction is the Head of the Ministry of Public Security's agency authorized by the Minister of Public Security to decide on investment construction.
3. Unit Classified to Decide on Investment Construction is the Public Security units and localities directly under the central government.
4. Ministry of Public Security Construction Expert Agency is the Construction Management and Barracks Bureau.
5. Construction Expert Agency of Public Security Units and Localities is the Logistics Department or the construction-specialized unit subordinate to it, assigned to manage construction.
6. Ministry of Public Security includes specialized agencies, advisory bodies, political bodies, logistics bodies, inspection bodies under the ministry; police academies, police colleges, agencies, units, enterprises, hospitals directly under the Ministry of Public Security, and other organizations directly under the Ministry of Public Security established in accordance with the law.
Article 4. General Principles
1. Compliance with legal regulations; ensuring transparency, fairness, administrative reform in procedures, formalities, files, results; preventing corruption, waste, loss, and other negative practices in investment construction. Projects shall not be divided to apply the classification and authorization regulations for investment construction decisions stipulated in this Circular.
2. Approval of projects only after the investment policy decision has been made. Heads of Public Security units and localities authorized to classify and authorize must comply with the approved investment policy content when approving investment construction procedures.
3. Heads of Public Security units and localities authorized to decide on investment construction are responsible before the law and the Minister of Public Security for their decisions. Persons authorized to decide on investment construction may not delegate further.
4. Projects with detention facility components, components serving detention, or other components using design templates issued by the Ministry of Public Security must strictly follow the template.
5. Public Security units and localities and related agencies, units, organizations, and individuals have the responsibility to implement state secrets protection when carrying out investment construction work for security projects in accordance with the State Secrets Protection Law and other guiding documents.
6. Ensuring compliance with the overall construction site plan and construction planning approved by the competent authority (if applicable).
7. Organizations and individuals engaged in the construction of security projects must ensure the conditions for construction activity capacity in accordance with the law on project management of investment construction.
Chapter II
SPECIFIC PROVISIONS
Section 1
CLASSIFICATION, AUTHORIZATION TO DECIDE ON INVESTMENT CONSTRUCTION; APPROVAL AUTHORITY TO EXAMINE AND DECIDE ON INVESTMENT POLICY
Article 5. Content, scope of分级和授权
1. The Minister of Public Security shall分级investment and construction projects with a total investment amount under VND 45 billion and construction investment projects for police stations in communes and towns.
2. The Minister of Public Security shall authorize:
a) The head of the Prison Management Police Corps, Compulsory Education Facilities, Juvenile Correctional Schools, Mobile Police Command, Protective Service Command, and Logistics Department to decide on investment and construction projects with a total investment amount under VND 45 billion;
b) The heads of units under the Ministry of Public Security at budget level 2 and 3 (excluding units specified in point a of this Clause) to decide on investment and construction projects with a total investment amount under VND 15 billion.
Article 6. Authority to decide and review investment construction proposals
1. The Minister of Public Security shall decide on investment construction proposals for group B and group C projects funded by public investment under the management of the Ministry of Public Security (excluding projects stipulated in Clause 4, Article 17 of the Public Investment Law 2019).
2. The Planning and Finance Department shall take the lead and coordinate with the Construction Management and Barracks Department to review investment proposals for projects decided upon by the Minister of Public Security. In necessary cases, the Planning and Finance Department may report to the Minister of Public Security to establish an Investment Proposal Review Board. Depending on the requirements of each project, members of the Investment Proposal Review Board shall include representatives from the Planning and Finance Department, the Construction Management and Barracks Department, and relevant agencies and units.
Section 2
AUTHORITY AND PROCEDURE FOR REVIEWING REPORTS ON FEASIBILITY STUDIES AND ECONOMIC-TECHNICAL INVESTMENT CONSTRUCTION REPORTS
Article 7. Authority and content of review
1. The Construction Management and Barracks Department shall organize reviews for projects decided upon for investment and construction by the Minister of Public Security.
2. Construction specialized agencies under local public security units shall organize reviews for projects authorized by the Minister of Public Security to decide on investment and construction as stipulated in Article 5 of this Circular. Based on the nature and scale of each project, if necessary, local public security units may issue documents requesting the Construction Management and Barracks Department to organize reviews and notify results so that local public security units can approve according to their authority.
3. For investment and construction projects of security works decided upon by the Chairpersons of People's Committees at all levels, the Chairperson deciding on investment shall entrust specialized construction agencies under their direct jurisdiction or organizations and individuals with expertise suitable to the nature and content of the project when there is no directly affiliated agency to conduct the review as prescribed in Clause 3, Article 56 of the Construction Law 2014 amended and supplemented according to Clause 13, Article 1 of the Law Amending and Supplementing Certain Provisions of the Construction Law 2020 (hereinafter referred to as Law No. 62/2020/QH14).
4. The content of the review shall be carried out in accordance with Articles 57 and 58 of the Construction Law 2014 amended and supplemented according to Clauses 14 and 15, Article 1 of Law No. 62/2020/QH14.
Article 8. Documents for submission to review
The documents for submission to review include:
1. Documents prescribed in Clause 4, Article 56 of the Construction Law 2014 amended and supplemented according to Clause 13, Article 1 of Law No. 62/2020/QH14.
2. Documents prescribed in Clause 5, Article 12 of Decree No. 15/2021/ND-CP dated March 3, 2021 detailing certain contents regarding project management (hereinafter referred to as Decree No. 15/2021/ND-CP) amended and supplemented according to Clause 4, Article 12 of Decree No. 35/2023/ND-CP dated June 20, 2023 amending and supplementing certain provisions of decrees under the management of the Ministry of Construction (hereinafter referred to as Decree No. 35/2023/ND-CP).
3. Documents prescribed in Article 14 of Decree No. 15/2021/ND-CP amended and supplemented according to Clause 6, Article 12 of Decree No. 35/2023/ND-CP.
4. Other related documents to ensure the operational requirements of the people's public security force.
Article 9. Review Procedure
1. Submitting files for review:
a) For projects decided to be invested and constructed by the Minister of Public Security: The person requesting the review shall prepare a Petition and send it to the Public Security Ministry's leadership; simultaneously, they shall submit the Petition and files as prescribed in Article 8 of this Circular to the Construction Management Department and Barracks.
b) For projects delegated or authorized by the Minister of Public Security to decide on investment and construction: The unit assigned the task of preparing the project shall prepare a Petition and files as prescribed in Article 8 of this Circular to submit to the specialized agency on construction under the public security units and localities.
2. The specialized agency on construction shall have the responsibility to receive and check the completeness and legality of the files submitted for review:
a) Refuse to accept the files submitted for review if the submission does not comply with the authority stipulated in Article 7 of this Circular or if the files submitted for review do not ensure legal validity or are not compliant as prescribed in Article 8 of this Circular;
b) Temporarily suspend the review in cases where: Within 18 days (from the date the specialized agency on construction issues a document requesting it), the person requesting the review does not implement supplementary file submissions or within the aforementioned period cannot rectify errors or inaccuracies in the information and data in the file content, leading to an inability to produce a review result;
c) In cases of refusal to accept or temporarily suspending the review, the specialized agency on construction shall return the files submitted for review and issue a document notifying the person requesting the review of the reasons for refusing to accept or temporarily suspending the review, and report to the investment decision maker. The person requesting the review shall resubmit the review after completing the requirements of the specialized agency on construction;
d) Based on the nature and characteristics of each project, the specialized agency on construction shall seek opinions from related agencies and units. For projects decided to be invested and constructed by the Minister of Public Security, the specialized agency on construction must seek the opinion of the Planning and Finance Department. Agencies and units whose opinions are sought shall have the responsibility to provide their written opinions based on their assigned functions and tasks within no more than 7 days from the date of receiving the document requesting participation in the opinion;
đ) The specialized agency on construction shall notify the person requesting the review about the review time in cases where the files meet the conditions for review as prescribed in Article 8 of this Circular.
3. During the review process, if necessary, the specialized agency on construction may request the person requesting the review to select organizations or individuals with sufficient qualifications to verify necessary contents to serve the review according to the laws on project management for investment and construction.
4. For security construction projects decided to be invested and constructed by the People's Committee Chairmen at all levels, the files and review procedures shall be implemented according to the provisions of Articles 14 and 15 of Decree No. 15/2021/NĐ-CP amended and supplemented according to Clauses 6 and 7 of Article 12 of Decree No. 35/2023/NĐ-CP. During the organization of the review, the investor and the main reviewing agency shall cooperate to submit the files as prescribed in Article 8 of this Circular to the Ministry of Public Security (through the Construction Management Department and Barracks) to unify the content regarding objectives, scale of investment, basic design, standards, norms, and meeting the requirements of police force operations before reporting to the People's Committee Chairman for examination and approval of the project. The time to participate in the opinion shall not exceed 10 days from the date the Ministry of Public Security receives the document requesting participation in the opinion from the main reviewing agency.
5. The implementation time for the review, reporting the review results, stamping, archiving the review files, and approving the project after the review shall be carried out according to the laws on project management for investment and construction.
Article 10. Adjustment of investment construction projects
1. The adjustment of projects shall be carried out in accordance with the provisions of Clauses 2, Clause 3, Clause 4, and Clause 5 of Article 43 of the Law on Public Investment, Article 61 of the Construction Law 2014, Clause 18 and Point c of Clause 64 of Article 1 of Law No. 62/2020/QH14, Clause 3 of Article 19 of Decree No. 15/2021/NĐ-CP amended and supplemented in accordance with Clause 8 of Article 12 of Decree No. 35/2023/NĐ-CP, and other relevant laws.
2. For investment construction projects for security works decided to be constructed by the People's Committee Chairmen at all levels, if the project adjustment differs from the content previously agreed upon with the opinion of the Ministry of Public Security, the investor and the competent authority responsible for examination shall take the opinion of the Ministry of Public Security (through the Directorate of Construction and Barracks Management) to unify the contents of the adjustment before reporting to the competent authority for consideration and approval.
3. The examination and approval of project adjustments shall be carried out in accordance with the provisions of Clauses 1 and 2 of this Article and Articles 5, 7, 8, and 9 of this Circular.
Section 3
AUTHORITY, PROCEDURE FOR EXAMINATION AND APPROVAL OF CONSTRUCTION DESIGN IMPLEMENTATION AFTER BASIC DESIGN AND ESTIMATE, TOTAL ESTIMATE OF CONSTRUCTION
Article 11. Authority to approve construction design
1. The person deciding to invest in construction approves the technical design in the case of three-stage design; approves the construction drawing design in the case of two-stage design.
2. The investor approves the construction drawing design in the case of three-stage design for projects decided to be invested in or delegated and authorized by the Minister of Public Security.
3. For investment construction projects for security works decided to be constructed by the People's Committee Chairmen at all levels, the investor shall approve the construction design implementation after basic design in accordance with the law on project management.
Article 12. Authority and content of examination of construction design
1. The Directorate of Construction and Barracks Management organizes the examination of technical design in the case of three-stage design, and the examination of construction drawing design in the case of two-stage design for projects decided to be invested in by the Minister of Public Security.
2. The specialized agencies on construction under the public security units and localities organize the examination of construction design implementation after basic design for projects delegated and authorized by the Minister of Public Security to decide on investment as stipulated in Article 5 of this Circular and construction drawing design for three-stage designed works decided to be invested in by the Minister of Public Security. Based on the nature and scale of each project, when necessary, the public security units and localities may issue a document requesting the Directorate of Construction and Barracks Management to organize the examination and notify the results so that the public security units and localities can organize the approval within their authority.
3. The investor decides on the control of design in accordance with the contract between the investor and the contractor and the relevant laws for the remaining design stages (if any).
4. For investment construction projects for security works decided to be constructed by the People's Committee Chairmen at all levels, the Chairman of the People's Committee deciding on investment assigns the investor and the specialized agency on construction directly under it to implement the examination and approval of construction design implementation after basic design in accordance with Articles 83, 83a, and 84 of the Construction Law 2014 amended and supplemented in accordance with Clause 25 and Clause 26 of Article 1 of Law No. 62/2020/QH14.
5. For projects with multiple works, the investor is responsible for managing costs to ensure that the establishment, examination, and approval of construction design implementation after basic design do not exceed the total investment ceiling, the approved total estimate, and ensure the scale, objectives, and approved basic design.
6. The content of the examination of construction design shall be carried out in accordance with the provisions of Articles 35 and 36 of Decree No. 15/2021/NĐ-CP and Article 13 of Decree No. 10/2021/NĐ-CP.
Article 13. Documents for Review of Construction Design
The documents for review shall be submitted in accordance with the provisions of Article 37 of Decree No. 15/2021/NĐ-CP amended and supplemented by Clause 11 of Article 12 of Decree No. 35/2023/NĐ-CP, along with other relevant documents concerning construction design to ensure the requirements of professional work of the People's Public Security Force.
Article 14. Procedure for Review and Approval of Construction Design
1. Submitting files for review:
a) Construction design approved by the Minister of Public Security: The person requesting review prepares a Petition and sends it to the Ministry of Public Security leadership; simultaneously, they send the Petition and documents in accordance with Article 13 of this Circular to the Construction Management Department and Barracks.
b) Construction design approved by the head of public security units and localities: The unit assigned to prepare the Petition and documents in accordance with Article 13 of this Circular shall submit them to the specialized agency on construction under the public security units and localities.
2. The specialized agency on construction shall have the responsibility to receive and check the completeness and legality of the files submitted for review:
a) Refuse to accept the documents for review when submitting to the specialized agency on construction does not comply with the authority stipulated in Articles 11 and 12 of this Circular, or when the documents for review do not meet the legal requirements or are not valid as prescribed in Article 13 of this Circular;
b) Temporarily suspend the review in cases where: Within 18 days (from the date the specialized agency on construction issues a document requesting it), the person requesting the review does not implement supplementary file submissions or within the aforementioned period cannot rectify errors or inaccuracies in the information and data in the file content, leading to an inability to produce a review result;
c) In cases of refusal to accept or temporarily suspending the review, the specialized agency on construction shall return the files submitted for review and issue a document notifying the person requesting the review of the reasons for refusing to accept or temporarily suspending the review, and report to the investment decision maker. The person requesting the review shall resubmit the review after completing the requirements of the specialized agency on construction;
d) Based on the nature and characteristics of each project, the specialized agency on construction solicits opinions from related agencies and units. The agencies and units solicited must provide their opinions in writing within no more than seven days from the date of receipt of the request for participation in the opinion solicitation;
đ) The specialized agency on construction sends a notification letter to the person requesting review regarding the review time if the documents for review of construction design meet the conditions for review as prescribed in Article 13 of this Circular.
3. The specialized agency on construction organizes the review, reports the results of the review to the competent authority for approval of construction design for consideration and decision according to Model No. 01 issued together with this Circular; the approval of construction design shall be carried out according to Model No. 02 issued together with this Circular.
4. For investment projects for security works decided to be constructed by the Chairmen of People's Committees at all levels, the review procedures shall be implemented in accordance with the provisions from Article 35 to Article 40 of Decree No. 15/2021/NĐ-CP amended and supplemented in accordance with Clause 10 and Clause 11 of Article 12 of Decree No. 35/2023/NĐ-CP.
5. During the review process, if necessary, the specialized agency on construction may require the person requesting review to select organizations or individuals with sufficient qualifications to verify the necessary contents to serve the review in accordance with the laws on project management.
6. The time for conducting the review; the stamping and archiving of the review documents shall be carried out in accordance with the laws on project management.
Article 15. Adjustment of Construction Design and Building Project Budget, Total Project Budget
1. Cases where adjustment of design and budget is allowed:
a) Approved construction design can only be adjusted in cases specified in Clause 1 of Article 84 of the Construction Law 2014;
b) Approved building project budget can only be adjusted in cases specified in Clause 4 of Article 135 of the Construction Law 2014 amended and supplemented by point c of Clause 64 of Article 1 of Law No. 62/2020/QH14.
2. Authority to review and approve adjustments to construction design, building project budget, and total project budget for projects decided to be invested in by the Minister of Public Security:
a) The Construction Management Department and Barracks reviews and submits to the Minister of Public Security for approval of adjustments to construction design, building project budget, and total project budget in the following cases: When adjusting the investment project requires adjustment of the basic design; adjustment of construction design due to changes in geological conditions, design loads, structural solutions, load-bearing structure materials, construction organization methods affecting the load-bearing safety of the project; adjustment of the building project budget due to adjustments leading to exceeding the total investment ceiling or the total project budget already approved by the investment decision-maker; adjustment of design for standard designs of detention facilities and business operation facilities issued by the Ministry of Public Security;
b) In cases not covered by point a of this Clause, the specialized agency on construction under public security units and localities reviews and submits to the heads of public security units and localities for approval.
3. Authority to review and approve adjustments to construction design, building project budget, and total project budget for projects delegated or authorized to be decided on investment by the Minister of Public Security: The specialized agency on construction under public security units and localities reviews and submits to the heads of public security units and localities for approval.
4. The review of adjustments to construction design conducted after the basic design shall be carried out in accordance with the provisions of Clause 1, Clause 2, and Clause 3 of this Article and Articles 12, 13, and 14 of this Circular.
5. For packages that have formed construction contracts, when adjustments to design and budget lead to adjustments to the construction contract signed between the investor and the contractor, the adjustments to design and budget must comply with the regulations on adjustment of construction contracts as stipulated by the laws on construction contracts and the signed contract.
Section 4
INSPECTION OF COMMISSIONING WORK OF CONSTRUCTION PROJECTS
Article 16. Competence to inspect the acceptance work of construction projects
1. The Construction Management and Barracks Administration shall inspect the acceptance work of construction projects under projects decided to invest in or delegated and authorized to decide on investment by the Minister of Public Security.
2. For projects investing in security construction works decided to invest in and construct by the People's Committee Chairmen at all levels, the investor shall assign the specialized agency under their main authority to coordinate with the provincial or centrally governed city police force where the project is located to implement according to regulations.
Article 17. Content and procedure for inspecting the acceptance work of construction projects
Implement according to the provisions of Clause 4, Clause 5, and Clause 6 of Article 24 of Decree No. 06/2021/NĐ-CP dated January 26, 2021 of the Government detailing some contents regarding quality management, construction activities, and maintenance of construction projects amended and supplemented according to Clause 6 of Article 11 of Decree No. 35/2023/NĐ-CP and relevant laws.
Section 5
RESPONSIBILITIES OF POLICE UNITS, LOCALITIES, AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS RELATED TO THE MATTER
Article 18. Construction Management and Barracks Administration
1. Shall be responsible for assisting the Minister of Public Security in managing and organizing inspections and evaluations of the implementation of regulations on investment activities in security construction projects stipulated in this Circular.
2. Shall advise the Minister of Public Security on organizing and implementing inspections of investment activities in security construction projects.
3. Shall cooperate with the Political Work and Mass Mobilization Department to propose rewards and disciplinary measures for agencies, units, organizations, and individuals involved in the process of investment activities of police units and localities.
4. Shall participate in audits or cooperate with related agencies in handling complaints, petitions, accusations, and violations of law in investment activities in security construction projects when required.
5. Shall cooperate in reviewing the construction component of projects with construction components when assigned by the Ministry of Public Security leadership or when requested by the lead review unit.
Article 19. Related Agencies, Units, Organizations, and Individuals
1. According to their assigned functions and tasks, they shall be responsible for cooperating and participating in reviews of feasibility studies or proposals for investment policies, feasibility reports or technical-economic reports, design documents, and construction quality management work upon receiving requests from specialized construction agencies.
2. For projects decided to invest in and construct by the People's Committee Chairmen at all levels, the investor shall submit the approval decision and accompanying files to the Ministry of Public Security (through the Construction Management and Barracks Administration) for monitoring and management within no more than 10 days from the date of signing the approval decision.
Article 20. Police Units and Localities
1. Police units and localities shall be responsible for disseminating, implementing, and organizing the correct implementation of laws on public investment, construction investment, and this Circular.
2. After deciding on the contents delegated and authorized within no more than 10 days, police units and localities must submit the Approval Decision and accompanying files to the Ministry of Public Security (through the Construction Management and Barracks Administration) for monitoring and management; simultaneously submitting the Approval Decisions to the Financial Planning Bureau for budget planning.
3. The work of determining, auditing, reviewing, and approving tender budgets shall be carried out according to the provisions from Article 16 to Article 19 of Decree No. 10/2021/NĐ-CP dated February 9, 2021 of the Government on managing construction investment costs and other relevant laws.
4. Cancel the review results and revoke the approval decisions according to the proposal of the specialized construction agency of the Ministry of Public Security.
Chapter III
IMPLEMENTING PROVISIONS
Article 21. Effective Date
1. This Circular takes effect from April 10, 2024.
2. Circular No. 138/2020/TT-BCA dated December 23, 2020 of the Minister of Public Security on delegation, authorization, competence, and procedures for implementing certain contents on construction investment in the People's Public Security shall cease to be effective from the date this Circular takes effect.
Article 22. Transitional provisions
1. For projects that have been decided on investment policy by the Minister of Public Security but not yet approved before the effective date of this Circular, they shall be implemented according to this Circular.
2. For projects that have been decided on investment by the Minister of Public Security within the scope of delegation and authorization to decide on investment in this Circular, when adjusting the project, the authority to decide on adjustment shall be implemented according to this Circular.
3. For construction investment projects within the scope regulated by this Circular that have been approved but not yet approved for design and total budget estimate, they shall be implemented according to this Circular.
4. For construction investment projects approved before the effective date of this Circular, adjustments to design, budget estimate, and total budget estimate shall be implemented according to this Circular.
5. For projects that have not commenced construction and are currently under construction, the acceptance work of construction projects shall be implemented according to this Circular.
Article 23. Responsibility for Implementation
1. The Construction Management and Barracks Administration shall be responsible for inspecting and urging the implementation of this Circular.
2. Heads of police units and localities and related organizations and individuals shall be responsible for implementing this Circular.
3. During the implementation of this Circular, if there are difficulties or obstacles, police units and localities and related organizations and individuals shall report to the Ministry of Public Security (through the Construction Management and Barracks Administration) for timely guidance./.
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