Directive No. 08/2007/CT-BGTVT on Strengthening Inspection, Supervision, and Post-Inspection Handling Regarding Investment Construction Management in the Transport Industry

DIRECTIVE

ON STRENGTHENING THE INSPECTION, AUDIT, AND POST-AUDIT HANDLING WORK REGARDING THE MANAGEMENT OF INVESTMENT CONSTRUCTION IN THE TRANSPORTATION INDUSTRY.

The work of managing basic investment construction in the transportation industry over recent years has been basically carried out according to legal regulations on investment construction management, as well as guidance and directives from the Ministry of Transport. However, through inspection and audit activities for investment construction projects in the transportation industry, many errors and shortcomings still exist at various stages such as:

Survey and design implementation have not been thorough enough, leading to many supplementary and additional works during project implementation; budget estimates have not fully complied with state regulations and contain many errors.

Tendering and construction procurement work still contains many errors that need to be seriously rectified; therefore, many projects have contractors with weak capabilities winning bids, and subcontracting and selling contracts are common, affecting project progress and quality.

Construction quality management work still has many shortcomings; during construction, supervision by the project owner and consultants has not been properly conducted in some places. As a result, this affects the lifespan and operational time of the project.

Management and utilization of state budget capital are still inadequate, with funds being misappropriated; some projects are misused for purposes other than intended; many projects have ended long ago but settlement and final accounts have not been processed.

Project implementation progress is still significantly slower than required; etc.

These deficiencies and errors have been identified through inspections and audits, and the Ministry has issued several directives to address and rectify these issues and strengthen investment construction management, but changes and improvements have been slow. One of the reasons is that post-inspection handling has not been effectively implemented and lacks seriousness.

To enhance effective project management and address the above deficiencies, the Minister of Transport instructs:

1. For projects with inspection conclusions, units shall proceed within their scope of responsibility to:

- Clearly identify the extent of violations, determine responsibilities, and strictly handle violations against collectives and individuals, especially those in leadership positions who caused errors and violations during project management and implementation.

- Recover and deduct economically; repair and correct non-compliant construction components to meet design requirements. Except in special cases where the Ministry decides to adjust the handling measures to avoid losses and waste.

- Strictly handle organizations and individuals who fail to comply with inspection conclusions.

2. Strengthen planned inspection and audit activities; conduct surprise inspections on tendering and construction quality management for key projects; relevant agencies and units must regularly check their own implementation to promptly identify and rectify errors and handle violations.

3. Units, organizations, and individuals must strictly implement the Ministry's directives on addressing deficiencies and enhancing investment and construction management for transportation infrastructure projects to minimize future errors and perform the following tasks:

a) Advisory agencies of the Ministry:

Further strengthen the organization of disseminating and guiding units to uniformly implement legal regulations on investment and construction management, national technical procedures, standards, and industry-specific regulations.

Assign the Department of Planning and Investment, the Department of Finance, and the Bureau of Inspection and Quality Management of Transportation Projects to promptly assess the capabilities of project owners, design consulting units, supervisory consulting units, and construction contractors to ensure quality and efficiency in selecting units for project management and implementation in the future.

Assign the Department of Organization and Cadre Affairs to lead in advising the Ministry to amend Decision No. 4391/2002/QĐ-BGTVT dated December 27, 2002, regarding the responsibility and forms of handling violations related to the management and assurance of construction project quality to align with current legal regulations.

b) For units managing and implementing projects:

Must improve capacity in project management and organizational execution; promote administrative reform; rectify and prevent corruption and negative practices at all stages; promptly detect and severely handle cases of corruption and negativity.

Emphasize the arrangement and deployment of competent staff with political integrity and professional ethics; clearly define roles and responsibilities. During implementation, if violations occur, they must be clearly identified, specific responsibilities assigned, and handled according to legal provisions and the Ministry's decisions.

4. Require heads of agencies and units to strictly implement this directive. Every quarter and annually, project owners and project management boards shall report on the implementation of inspection conclusions and post-inspection handling to the Ministry (through the Ministry Inspectorate).

Entrust the Ministry Inspectorate to monitor and compile the implementation and handling of inspection conclusions; lead in advising the Ministry on handling matters related to post-inspection activities concerning investment and construction of projects in the transportation industry.

The Ministry of Transport will periodically conduct evaluations of investment and construction activities, commend units and individuals who perform well, and take appropriate actions against those with violations in investment and construction activities in the transportation industry./.