Decree No. 12/2000/ND-CP On Amending and Supplementing Certain Provisions of the Investment and Construction Management Regulation Issued Together with Decree No. 52/1999/ND-CP dated July 8, 1999 of the Government

DECREE OF THE GOVERNMENT

Regarding amendments and supplements to certain articles of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government

THE GOVERNMENT

On the basis of Law on Government Organization dated September 30, 1992;
Considering the proposals of the Minister of Construction, the Minister of Planning and Investment, and the Minister of Finance,

DECREE:

Article 1. Now, the Government amends and supplements certain Articles of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government as follows:

1. Clause 1, Clause 2 Article 6 shall be amended and supplemented as follows:

1. Depending on the nature of the project and the scale of investment, domestic investment projects are classified into three groups: A, B, and C for分级管理。每组的特征在附录中规定，本决定对A组和B组的资金规模进行了修改。

2. For group A projects that consist of multiple component projects or sub-projects, if each component project or sub-project can operate independently, be exploited, and implemented according to the phased investment schedule recorded in the feasibility study report approval document, then each component project or sub-project will implement the investment preparation phase, from the stage of preparing and submitting the feasibility study report for review and managing the implementation process as an independent investment project.

2. Point c Clause 2 Article 7 shall be amended and supplemented as follows:

c) To take the lead in jointly with ministries, sectors, and localities to appraise the technical design and total budget estimate of investment and construction projects belonging to group A for the competent authority to approve. Except for group A projects under ministries and sectors that have specialized regulations for implementation as stipulated in Clause 1 Article 1 of this Decree.

To unify state management over the quality of construction works, monitor, inspect, identify, and recommend measures to address the quality of construction works, especially those belonging to group A projects.

3. Clause 6 is added; Clause 1, Clause 2 Article 9 shall be amended as follows:

1. Capital for planning projects includes capital for investigation, survey, research, preparation, and examination of planning projects.

2. Capital for comprehensive development planning projects of economic and social regions, territorial planning, industry development planning, regional construction planning, overall urban and rural planning, detailed urban center planning,detailed land use planning shall be sourced from the state budget and balanced within the annual state investment plan.

6. The Ministry of Planning and Investment is the leading agency responsible for final appraisal of various types of economic and social development planning projects, industry development planning projects, and key economic region development planning projects submitted to the Prime Minister for approval.

4. Point d, đ Clause 1, point c Clause 2 Article 10 shall be amended and supplemented as follows:

d) Capital from foreign loans of the government and international aid sources allocated for development investment (including official development assistance ODA) shall be managed uniformly according to Clause b Clause 2 Article 21 of the State Budget Law and guiding documents of the State Budget Law. Agencies allocating these funds for development investment projects must ensure sufficient counterpart funding domestically to guarantee the implementation of the projects.

- Delete point đ Clause 1.

c) The Director-General of departments under the Ministry; Commanders of Military Zones, Corps, Services, Border Guard, and equivalent units under the Ministry of National Defense may be authorized by the Minister to decide on investment for group C projects;

5. Article 11 is amended as follows:

1. Investors of projects using state-guaranteed credit capital and state development investment credit capital: bear responsibility for investment effectiveness and timely repayment of loan principal; lending organizations are responsible for financial plan assessment, repayment plan, capital supply, monitoring of loan usage for intended purposes, and recovery of loan principal. For projects using state-guaranteed foreign loans, investors must also fulfill loan commitments as prescribed by law.

2. The authority to decide on investment for state-owned enterprise projects using state-guaranteed credit capital and state development investment credit capital shall be carried out according to the provisions of Clause 2 Article 10 of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government (hereinafter referred to as the Investment and Construction Management Regulation) and Clause 4 Article 1 of this Decree.

State-owned corporation boards of directors have the right to decide on investment for group C projects. Specifically, for state-owned corporations established by the Prime Minister's decision (Corporation 91), the board of directors has the right to decide on investment for group B and C projects.

3. Those with the authority to decide on investment for projects that have been delegated levels have the right to decide on matters during the project implementation process according to current laws.

Lending organizations oversee and inspect investment implementation according to the investment decision and complete the investment settlement.

6. Article 12 is amended as follows:

The authority to decide on investment and implement investment for state-owned enterprise projects using development investment capital is specified as follows:

1. For group A projects, the authority to decide on investment and implement investment shall be applied according to the regulations for projects using state budget capital;

2. For group B and C projects, state-owned enterprises base their investment decisions on approved industry development plans or plans; if the project uses land, it must obtain approval from the competent local people's committee regarding the location and area of the project and follow procedures for land allocation or leasing according to the law on land. During the implementation process, enterprises are responsible for implementing current state policies and regulations on investment and construction management and bidding rules.

Organizations managing enterprise capital and supporting organizations for projects are responsible for checking the implementation of investment decisions and completing investment settlements.

3. State-owned enterprise development investment projects are those projects that utilize a portion of state budget support capital, capital accumulated by the enterprise itself, commercial credit capital for development investment; development funds, financial reserve funds (to offset asset losses), welfare funds (for welfare construction projects); depreciation funds for fixed assets and other state revenues retained by the enterprise for investment purposes.

The Ministry of Finance shall take the lead in coordinating with relevant ministries to provide detailed guidance on the management and utilization of state-owned enterprises' development investment capital, including state-owned depreciation funds for fixed assets, a portion of development funds, and amounts that enterprises are allowed to retain after submitting to the state budget.

7. Article 13 is amended as follows:

1. Private individuals and economic organizations that are not state-owned enterprises shall independently decide on investment projects and bear responsibility for the effectiveness of production and business operations; procedures for requesting land allocation or lease and construction permit issuance are stipulated as follows:

a) For investment projects requiring land allocation or lease, the investor must submit a request letter along with the approved business registration certificate for the production and business development project, to be submitted to the competent local authority for approval regarding the location and area of the project, and to proceed with land allocation or lease procedures according to the laws on land.

Investment projects that already have legitimate land use rights, if they do not require land allocation or lease, the investor does not need to apply for land allocation or lease but only needs to apply for a construction permit.

The Land Administration General Department shall provide detailed guidance on land allocation or lease procedures.

b) The establishment of files to request construction permits from competent authorities shall be carried out in accordance with the regulations of the Investment Management and Construction Regulation Charter.

2. Investment projects of diplomatic agencies, international organizations, and other foreign agencies investing in construction on Vietnamese land shall be managed according to agreements or arrangements signed with the Government of Vietnam, and investors must establish files to request construction permits according to the regulations of the Investment Management and Construction Regulation Charter.

3. For projects utilizing contributions from multiple members, based on the proportion of capital contribution and the characteristics of the project, members shall agree to determine the investor, management methods, and organizational operation of the project.

8. Point b Clause 1 Article 14 is amended and supplemented as follows:

b) For administrative and public service agencies, the person authorized to make investment decisions shall not concurrently serve as the investor.

Administrative and public service agencies may only act as investors for construction projects of technical facilities of their own agencies.

For state-owned enterprises established by the Prime Minister's decision (State Corporation 91), the Board of Directors of the State Corporation may delegate the directors of its member units to decide on group C investment projects using the capital specified in Clauses 5 and 6 of Article 1 of this Decree.

9. Point a Clause 2 Article 22 is amended and supplemented as follows:

a) For group A projects that have been approved by the Prime Minister for preliminary feasibility studies and allowed to be divided into component or sub-projects, these component or sub-projects shall prepare feasibility reports, submit for approval, and manage the project as an independent investment project.

10. Article 27 is supplemented with Clause 3 as follows:

3. The agency responsible for reviewing investment projects shall bear legal responsibility for the content of its review and submit the review report, necessary documents, along with a draft investment decision to the authorized investment decision-maker.

11. Article 35 is amended and supplemented as follows:

1. For investment and construction projects with production and business characteristics, the investor shall take the lead in coordinating with the local People's Committee to unify compensation plans, land clearance schedules, funding, progress, and final settlement of land clearance to enable the local People's Committee to organize compensation and land clearance construction according to schedule and hand over the construction site to the construction contractor.

2. For investment and construction projects of socio-economic infrastructure, national defense, security, and important national projects, local People's Committees at all levels shall take the lead in coordinating with investors to implement compensation and land clearance, hand over the construction site according to schedule, establish joint resettlement areas, and implement resettlement according to state policies and project support policies.

3. The Ministry of National Defense shall take the lead in coordinating with localities to clearly define areas still requiring mine clearance, and coordinate with relevant ministries and sectors to guide the implementation of mine clearance work on construction sites.

12. Paragraphs a, d Point 3.1 Article 38 are amended and supplemented as follows:

a) Technical designs and total budgets of group A projects shall be approved by the Minister, Head of a ministry equivalent to a ministry, Head of a government-affiliated agency, Board of Directors of state-owned corporations established by the Prime Minister's decision (State Corporation 91), and the Chairman of the provincial People's Committee with investment projects, after being organized for review by the Ministry of Construction. Specifically, for transportation construction works under the Ministry of Transport; mine construction works, industrial construction works under the Ministry of Industry; water conservancy, agriculture, forestry construction works under the Ministry of Agriculture and Rural Development; postal construction works under the Postal Administration; cultural heritage construction works under the Ministry of Culture and Information; national defense, security protection construction works under the Ministry of National Defense, Ministry of Public Security, then these ministries and agencies shall independently organize reviews of technical designs and total budgets for approval by the competent authority.

For investment projects solely purchasing specialized equipment with specific requirements, ministries and sectors shall self-review technical designs and total budgets for submission to the competent authority for approval.

The agency leading the review of technical designs and total budget estimates must bear legal responsibility for the content of its review.

These ministries and agencies shall guide subordinate levels in implementing reviews of technical designs and total budgets of group B and C projects within their respective sectors.

d) The project investor is permitted to approve detailed designs and budgets for ancillary construction projects (fences, permanent houses) and other construction projects that do not require bidding, but shall not affect the technical design and total budget of the project already approved.

13. Delete Clause 4; Clause 5 is amended to become Clause 4 of Article 41.

14. Article 43 is amended and supplemented as follows:

Projects using state budget capital, credit guaranteed by the State, state investment development credit, and state enterprise investment development capital must be implemented in accordance with the Tendering Regulations.

15. Point b Clause 4 of Article 46 is amended and supplemented as follows:

b) The Department of Construction and specialized construction departments under provincial people's committees have the responsibility to manage the quality of construction projects within their respective localities.

16. Article 63 is amended as follows:

1. The self-execution form of the project can only be applied in the following cases:

a) The project investor has sufficient capacity for production and construction activities consistent with the requirements of the project and the project uses legitimate capital of the investor such as the enterprise's own capital, capital raised from organizations and individuals, excluding loans from financial institutions;

b) The project investor has sufficient capacity for production and construction activities consistent with the requirements of the project for planting new crops, caring for annual crops, aquaculture (belonging to agriculture, forestry, fisheries, industry), seed breeding, land reclamation and construction of paddy fields, regular maintenance and repair of construction works and production equipment.

2. When implementing the self-execution form of the project (self-production, self-construction), the project investor must strictly supervise production and construction activities and bear legal responsibility for the quality of products and construction works.

The Ministry of Construction will provide detailed guidance on project management forms.

Article 2. This Decree takes effect fifteen days from the date of signature.

Article 3. The Ministry of Construction will take the lead in coordinating with relevant ministries and sectors to be responsible for guiding and inspecting the implementation of this Decree.

Article 4. Ministers of Ministries, Heads of ministerial-level agencies and agencies under the Government, Chairmen of provincial people's committees directly under the central government, Boards of Directors of State-owned Corporations, and related organizations are responsible for enforcing this Decree./.

The annex is amended and supplemented as follows:

ANNEX

Classification of investment projects

of the investment management and construction regulations

(Annexed to Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government

amending and supplementing Decree No. 52/1999/NĐ-CP dated July 8, 1999)

Investment projects (excluding direct foreign investment projects) are classified into three groups A, B, and C as follows: