Circular No. 106/2021/TT-BQP on the examination and approval of construction design within the Ministry of National Defense

CIRCULAR

Regulations on the review and approval of construction design implementation following basic design within the Ministry of National Defense

The Minister of National Defense promulgates this Circular to regulate the review and approval of construction design implementation following basic design (hereinafter referred to as construction design) for investment construction projects serving national defense decided by the Minister of National Defense or authorized by the Minister of National Defense to decide on investment.

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;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the General Logistics Department;

1. This Circular regulates the review and approval of construction design implementation following basic design (hereinafter referred to as construction design) for investment construction projects serving national defense decided by the Minister of National Defense or authorized by the Minister of National Defense to decide on investment.

PART I
GENERAL PROVISIONS

Article 1. Scope of application

2. Combat works; shooting ranges, training fields shall be implemented according to specific regulations of the Ministry of National Defense.

This Circular applies to specialized agencies on construction under the Ministry of National Defense, relevant agencies, units, organizations, and individuals related to investment construction activities.

Article 2. Applicability

1. The specialized agency on construction under the Ministry of National Defense is the Directorate of Barracks/Logistics General Department.

Article 3. Explanation of Terms

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

2. The specialized agency on construction of subordinate agencies and units under the Ministry of National Defense is the Logistics Department or the agency assigned the task of managing construction. 3. The person requesting review

a) For projects whose construction design is approved by the Minister of National Defense, the person requesting review is the head of the agency or unit under the Ministry of National Defense (hereinafter referred to as the agency or unit);

b) For projects whose construction design is approved by the head of the agency or unit, the person requesting review is the project investor or their representative.

REVIEW AUTHORITY, CONTENT OF REVIEW AND APPROVAL

AND ADJUSTMENT OF CONSTRUCTION DESIGN

Chapter II
Article 4. Approval of Construction Design 1. For investment construction projects of barracks for headquarters of agencies and units; projects with works from Class II upwards using public investment funds or state capital outside public investment decided by the Minister of National Defense:

a) The Minister of National Defense approves technical design in case of three-step design; approves construction drawing design in case of two-step design;

b) The head of the agency or unit approves construction drawing design in case of three-step design.

2. For the remaining projects, the head of the agency or unit approves construction design.

3. Other cases are regulated by the Minister of National Defense.

Article 5. Review of Construction Design Approved by the Minister of National Defense

1. The specialized agency on construction under the Ministry of National Defense takes the lead and coordinates with relevant agencies to review technical design in case of three-step design; review construction drawing design in case of two-step design.

2. The content of the review of construction design as stipulated in Clause 1 and Clause 2, Article 35 of Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing certain contents regarding project management of investment construction (hereinafter referred to as Decree No. 15/2021/ND-CP) is specifically as follows:

a) Compliance with legal provisions on the preparation and review of construction design;

b) The qualification conditions for construction activities of organizations and individuals participating in surveying, designing, and reviewing design;

c) The suitability of construction design with the previous design step confirmed by the specialized agency (stamped "REVIEW");

d) Checking construction design for compliance with safety requirements, technical standards, and legal provisions on standard application in design;

đ) Suitability of construction design with requirements for production lines and technological equipment (if applicable);

e) Checking compliance with fire prevention, explosion protection, and environmental protection requirements (if applicable);

g) Checking compliance with other requirements as prescribed by relevant laws.

3. The content of the review of the construction project budget estimate as stipulated in Clause 3 and Clause 4, Article 13 of Decree No. 10/2021/ND-CP dated February 9, 2021 of the Government on management of construction investment costs (hereinafter referred to as Decree No. 10/2021/ND-CP) is specifically as follows:

a) The completeness and validity of the documents submitted for the review of the construction project budget estimate; legal bases for determining the construction project budget estimate;

b) The appropriateness of the construction project budget estimate with the approved total investment cost; methods for determining the construction project budget estimate;

c) The appropriateness of the content of the construction project budget estimate as stipulated in Article 11 of Decree No. 10/2021/ND-CP with the project's content and requirements;

d) Compliance with legal provisions on the application and reference to construction cost norms, construction work prices, and other necessary tools issued and announced by competent state authorities; the application and reference to data on costs of similar projects and other necessary tools to determine the construction project budget estimate;

đ) List of new budget estimate norms, adjusted budget estimate norms (if any) and determination methods; identification of the list of norms that need to be organized for investigation during the construction process;

e) The appropriateness and completeness of the determination of construction work quantities, types, and quantities of equipment calculated in the construction project budget estimate compared to the design;

g) Determination of the value of the construction project budget estimate ensuring accuracy and comprehensiveness as prescribed; suitability with technical and technological construction requirements, construction conditions, construction methods, project progress, and market price levels;

h) Analysis and evaluation of the degree and reasons for increases or decreases in cost items compared to the proposed construction project budget estimate.

g) Determine the estimated construction cost value accurately and comprehensively in accordance with regulations; it must be consistent with technical requirements, construction technology, construction conditions, construction methods, project schedule, and market prices.

h) Analyze and assess the degree and causes of increases or decreases in cost items compared to the proposed construction cost estimate for review.

Article 6. Design approval for construction projects approved by the head of the agency or unit

1. For projects decided to be invested in by the Minister of National Defense where a two-step design process is applied:

a) The Ministry of National Defense's specialized construction agency shall review the design contents as stipulated in points a, b, c, d, e, g of Clause 2, Article 5; and the budget estimates as stipulated in points a, b, c, d, đ of Clause 3, Article 5 of this Circular;

b) The specialized construction agency of the agency or unit shall review the design contents as stipulated in point đ of Clause 2, Article 5 and the compliance of the construction design with the design tasks, as specified in the design contract, and relevant laws; and the budget estimates as stipulated in points e, g, h of Clause 3, Article 5 of this Circular. The results of the review by the Ministry of National Defense's specialized construction agency and the opinions of related agencies shall serve as the basis for reporting to the competent authority to approve the construction design.

2. For projects decided to be invested in by the Minister of National Defense where a three-step design process is applied:

The specialized construction agency of the agency or unit shall review the design contents as stipulated in points a, b of Clause 2, Article 5 and the budget estimates as stipulated in points e, g, h of Clause 3, Article 5 of this Circular.

3. For projects authorized by the Minister of National Defense to decide on investment:

The specialized construction agency of the agency or unit shall conduct reviews according to the provisions of Clauses 2 and 3, Article 5 of this Circular.

Article 7. Design modification

Design modifications shall be carried out in accordance with the provisions of Article 39 of Decree No. 15/2021/NĐ-CP, specifically as follows:

1. Design modifications must be reviewed and approved according to the design review and approval procedures in the following cases:

a) Modifications or additions to the design that involve changes in geological conditions of the project, design loads, structural solutions, materials used for load-bearing structures, and construction organization measures affecting the load-bearing safety of the project;

b) When adjusting the investment project, there is a need to modify the basic design.

2. In cases not covered by Clause 1 of this Article, the head of the agency or unit shall consider, approve, and bear responsibility for their own adjustment decisions and report to the investment decision-maker.

Article 8. Adjustment of Construction Project Budget Estimates

Adjustments to construction project budget estimates shall be carried out in accordance with the provisions of Article 15 of Decree No. 10/2021/NĐ-CP, specifically as follows:

1. Approved construction project budgets may only be adjusted in the following cases: When adjusting the project, the total investment must be adjusted; adding or changing designs without violating the basic design; changing the cost structure of the budget estimate but not exceeding the approved total construction investment.

2. Adjusted construction project budgets consist of the unadjusted construction project budget estimate and the adjusted construction project budget estimate.

3. Adjustments to the budget estimate must be reviewed and approved according to the design review and approval procedures in the following cases:

a) When adjusting the total investment;

b) The adjusted construction project budget estimate exceeds the previously approved budget estimate but does not exceed the approved total construction investment.

4. In cases not covered by Clause 3 of this Article, the head of the agency or unit shall consider, approve, bear responsibility for the results of the adjustment, and report to the investment decision-maker.

Chapter III
PROCEDURE FOR REVIEW AND APPROVAL OF CONSTRUCTION DESIGN

Article 9. Documents for submission to design review

1. The documents for submission must ensure legality and be consistent with the content of the requested review.

The documents for submission shall be considered valid when they comply with the contents stipulated in Clause 2 of this Article, conform to the prescribed format, are presented primarily in Vietnamese, and have been reviewed and confirmed by the party requesting the review. The architectural design portion within the construction design documents (if any) must comply with the laws on architecture.

2. The documents for submission for construction design review shall be carried out in accordance with Article 37 of Decree No. 15/2021/NĐ-CP, including:

a) A request for approval of the construction design in accordance with Model No. 01 attached as an appendix to this Circular;

b) Legal documents accompanying the submission, including: Decision approving the investment project; pre-design drawing documents confirmed by the competent authority (stamped "REVIEW"); report on the results of construction design verification by the consulting contractor verified by the investor (if any); fire prevention and firefighting design review documents (if any); results of environmental impact assessment procedures in accordance with environmental protection laws (if any) and other related documents;

Fire prevention and firefighting procedures shall be conducted concurrently without requiring mandatory presentation at the time of submitting the review documents, but the results must be sent to the construction authority before the deadline for reporting the review results;

c) Construction design documents for review: Design description, design drawings, relevant construction survey documents, construction budget; technical instructions (if any) and maintenance procedures;

d) Certificate number for construction activity capability of the survey contractor, design preparation contractor, and review contractor; certificate number for construction activity practice of the heads of construction survey, design departments, and review; construction activity permit for foreign contractors (if any).

Article 10. Procedures for Review and Approval of Construction Design

1. Submission of documents for review

a) Construction design approved by the Minister of National Defense: The party requesting the review prepares a Request and sends it to the head of the Ministry of National Defense; simultaneously, submits the documents in accordance with Clause 2 of Article 9 of this Circular to the construction authority of the Ministry of National Defense;

b) Construction design approved by the head of the agency or unit: The party requesting the review prepares a Request and sends it to the head of the agency or unit; simultaneously, submits the documents in accordance with Clause 2 of Article 9 of this Circular to the construction authority of the agency or unit and the construction authority of the Ministry of National Defense if the project is decided to be invested by the Minister of National Defense;

c) In cases where opinions from relevant agencies or organizations are required, the main reviewing agency requests the party submitting the review to send the documents to the agencies needing opinions;

d) The documents for submission can be sent directly or through military postal service.

2. The construction authority has the responsibility to accept and check the completeness and validity of the documents for submission.

a) Refuse to accept the documents for submission if they are submitted to the reviewing authority beyond its jurisdiction as stipulated in Articles 5 and 6 of this Circular, or if the documents for submission do not meet the legal requirements or are invalid as stipulated in Article 9 of this Circular;

b) Temporarily suspend the review in cases where within 20 days (from the date of receipt of the document requesting the construction authority) the party requesting the review does not supplement the documents or cannot rectify errors or omissions in the information or data in the content of the documents, leading to an inability to produce a review result;

c) In cases of refusal to accept or temporary suspension of the review, the construction authority shall notify the party requesting the review of the reasons for refusal to accept or temporary suspension of the review and report to the approving authority. The party requesting the review shall resubmit the review upon request;

d) The construction authority returns the documents for submission in cases of refusal or temporary suspension of the review as stipulated in Point a and Point b of this Clause.

3. Review Results

a) The main reviewing agency reports the review results to the approving authority for construction design in accordance with Model No. 02 attached as an appendix to this Circular;

b) The construction authority of the Ministry of National Defense announces the review results in accordance with Model No. 03 attached as an appendix to this Circular.

4. The stamping and archiving of review documents at the construction authority shall be carried out as follows:

a) After revision and completion, the construction authority checks and stamps the confirmation of the reviewed contents on the relevant drawings of one set of construction design drawings;

The review stamp model is stipulated in Model No. 05 attached as an appendix to this Circular. Drawings stamped with the review stamp are returned to the party requesting the review; the party requesting the review is responsible for archiving according to the law on archiving and providing promptly as required by the construction authority. The party requesting the review is responsible for submitting a copy (in PDF format) of the construction design stamped with the review stamp to the construction authority;

b) Upon completion of the review work, the construction authority is responsible for archiving and preserving certain documents, including: Review request; conclusions of organizations and individuals participating in the review; comments from relevant organizations; review result announcements; copies of documents stamped with the review stamp as stipulated in Point a of this Clause.

5. During the review process, if necessary, the construction authority may require the party requesting the review to select organizations or individuals meeting the conditions stipulated in Article 93 of Decree No. 15/2021/NĐ-CP to verify necessary contents to serve the review, specifically as follows:

a) The selection of organizations or individuals to verify construction designs shall be carried out in accordance with the laws on bidding;

b) Consulting organizations for verification must be legally and financially independent from the investor and from the design preparation contractors.

c) The drawings subject to review must be stamped in accordance with the regulations.

6. Approval of construction design

The approval of construction design shall be reflected in the approval decision in accordance with Model No. 04 attached as an appendix to this Circular, including the main contents as follows:

a) The approver;

b) Name of the project;

c) Project name;

d) Type, level of the project;

đ) Construction location;

e) Construction survey contractor (if any);

g) Construction design preparation contractor;

h) Construction design review contractor (if any);

i) Scale, technical indicators; design solutions aimed at effectively utilizing energy and conserving resources (if any);

k) Design service life of the project;

l) Budget estimate value for construction according to each cost item;

m) List of major standards applied;

n) Other contents (if any).

Article 11. Review Period

1. The review period shall be calculated from the date the leading review agency receives complete valid files in accordance with Article 9 of this Circular, until the date of the report on the review results. The review period is as follows:

a) Not exceeding 40 working days for special-level and first-level projects;

b) Not exceeding 30 working days for second-level and third-level projects;

c) Not exceeding 20 working days for other projects.

2. Within five working days from the start of the review process, based on the nature of the project, the construction-related professional agency shall consider soliciting opinions from relevant agencies (if necessary). The opinion participation period of relevant agencies is as follows:

a) Not exceeding 20 working days for special-level and first-level projects;

b) Not exceeding 15 working days for second-level and third-level projects;

c) Not exceeding 10 working days for other projects.

3. The review period for the contents specified in point a, Clause 1, Article 6 of this Circular is as follows:

a) Not exceeding 15 working days for third-level projects;

b) Not exceeding 10 working days for other projects.

Chapter IV
RESPONSIBILITIES OF THE AGENCIES AND UNITS

Article 12. General Logistics Department

1. Responsible for assisting the Minister of National Defense in managing and guiding the implementation of review and approval work of construction design within the Ministry of National Defense in accordance with the scope of adjustment of this Circular and handling any difficulties during the implementation process.

2. Direct the Camp Management Bureau/General Logistics Department

a) To review construction design in accordance with Articles 5 and 6 of this Circular;

b) To develop plans for regular or spot inspections of the implementation of construction design quality management work by agencies and units;

c) To propose the heads of agencies and units to cancel the review results and revoke the approval decisions on construction design when discovering errors in the review process related to legality, safety, quality, costs, and progress of construction projects;

d) To propose the Minister of National Defense to take measures against organizations and individuals who violate the rules;

đ) To coordinate with relevant agencies to propose solutions to recommendations during the implementation of construction design reviews.

Article 13. Relevant Agencies of the Ministry of National Defense

According to their assigned functions and tasks, they are responsible for coordinating and participating in construction design reviews upon request from the construction-related professional agency.

Article 14. Agencies and units under the Ministry of National Defense

1. To implement the review and approval work of construction design in accordance with Articles 5 and 6 of this Circular.

2. To cancel the review results and revoke the approval decisions on construction design upon proposal from the construction-related professional agency of the Ministry of National Defense.

3. To direct the construction-related professional agency under its jurisdiction to submit reports on review results and approval decisions on construction design to the Camp Management Bureau/General Logistics Department for monitoring and management.

Chapter V
IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from September 20, 2021, and replaces Article 5, Clause 3, Article 11, Clause 5, Article 12 of Circular No. 296/2017/TT-BQP dated November 24, 2017, issued by the Minister of National Defense detailing certain aspects regarding quality management and maintenance of construction projects within the Ministry of National Defense; corresponding contents in Clause 1, Article 9 of Circular No. 101/2017/TT-BQP dated April 27, 2017, issued by the Minister of National Defense regarding classification and delegation of investment decision-making authority; project planning, review, and approval within the Ministry of National Defense.

Article 16. Transitional Provisions

For construction designs approved before the effective date of this Circular, adjustments to the construction design shall be carried out in accordance with Circular No. 296/2017/TT-BQP dated November 24, 2017, issued by the Minister of National Defense detailing certain aspects regarding quality management and maintenance of construction projects within the Ministry of National Defense.

Article 17. Responsibility for Implementation

1. The Chief of the General Logistics Department, heads of relevant agencies and units are responsible for implementing this Circular.

2. In case of difficulties during implementation, agencies and units shall promptly reflect them to the Ministry of National Defense (through the Camp Management Bureau/General Logistics Department) for consideration and guidance./.