Circular No. 146/2007/TT-BQP guiding the implementation of Decision No. 96/2006/QĐ-TTg dated May 4, 2006 of the Prime Minister on management and implementation of mine clearance operations.

CIRCULAR

Guidelines for implementing Decision No. 96/2006/QĐ-TTg dated May 4, 2006, of the Prime Minister on management and implementation of mine clearance operations.

Implementing Decision No. 96/2006/QĐ-TTg dated May 4, 2006, of the Prime Minister regarding the management and implementation of mine clearance operations; after reaching consensus with relevant ministries and sectors, the Ministry of National Defense provides guidelines for implementation as follows:

This Circular guides the organization and implementation of mine clearance operations throughout the country, for construction projects funded by state capital (including development investment from the state budget, state credit investment development funds, state-guaranteed credit, and other state investments), and other sources of capital; for projects (or non-project activities) involving foreign elements. It serves to support investigative surveys and research related to unexploded ordnance left over from wars.

This Circular applies to ministries, sectors, provincial People's Committees under the central government, project investors, project management boards, units, enterprises, domestic social organizations, international organizations, non-governmental organizations from abroad, individuals within the country, and foreigners engaged in mine clearance operations on Vietnamese territory.

I. GENERAL PROVISIONS

b) List of scientific literature, books, magazines specialized used directly for scientific research, technological development, technology incubation activities, science and technology business incubation, technological innovation.

3. Responsibilities for management and implementation.

2. Scope of application.

3.1. The tasks and responsibilities of the Ministry of National Defense in managing and implementing mine clearance operations shall be carried out in accordance with Articles 1 and 2; the tasks and responsibilities of ministries, sectors, localities, and investors shall be implemented in accordance with Article 4 of Decision No. 96/2006/QĐ-TTg dated May 4, 2006, of the Prime Minister.

3.2. The Ministry of National Defense shall establish and organize the implementation of a survey and mapping project for areas contaminated with mines, bombs, and explosive remnants across the entire country, detailed down to the commune level. Ministries, sectors, provincial people's committees, city people's committees, district people's committees, and commune people's committees shall cooperate with survey teams to provide accurate and objective information to complete the project. The results must produce maps of contaminated areas down to the commune level, assess the extent of residual mines, bombs, and explosive remnants nationwide and in each area, serving the planning and development of the economy and society at the central and local levels; it will serve as a basis for consulting and organizing mine clearance operations for projects and construction works.

3.3. Due to its particularly dangerous nature, mine clearance operations shall be carried out by specialized engineering units and military enterprises capable of performing them according to Decision No. 49/2007/QĐ-TTg dated April 11, 2007, of the Prime Minister regarding special cases of designated tendering as stipulated in Point d, Clause 1, Article 101 of the Construction Law.

3.4. The commander of the unit responsible for mine clearance operations shall bear primary responsibility for the results and safety of the project or construction work during the construction and operation phases concerning mines, bombs, and explosive remnants within the assigned mission scope.

4. Scope of mine clearance operations.

4.1. A component of land clearance activities in an investment project.

4.2. An independent project solely aimed at mine clearance to clear land for general purposes.

4.3. The area, depth, and safe clearance zone for mine clearance operations for projects shall be carried out according to Decision No. 95/2003/QĐ-BQP dated August 7, 2003, of the Minister of National Defense on the issuance of the "Technical Procedure for Mine Detection and Disposal" (referred to as the mine clearance area).

4.4. Underwater mine clearance operations in this Circular apply only to depths up to 15 meters; for depths exceeding 15 meters, they shall be carried out according to specific procedures and standards issued by the Ministry of National Defense.

5. Reward policies, allowances, subsidies for officers and soldiers directly involved in mine clearance operations shall be implemented according to current regulations of the State.

II. PROCEDURES FOR IMPLEMENTING MINE CLEARANCE OPERATIONS

1. Implementation stages

Mine clearance operations shall be conducted sequentially in accordance with the project implementation procedures for basic construction investment projects prescribed by the Government, consisting of two stages:

- Estimating the cost of mine clearance in the preparatory stage.

- Implementing mine clearance during the project execution stage.

2. Estimating the cost of mine clearance in the preparatory stage.

The investor shall base the estimation of the investment cost (estimation) for the mine clearance component of the project or for an independent mine clearance project on the mine clearance area for the project (as specified in Point 4.3, Section 4, Part I) and the standard rates and unit prices for mine clearance per hectare (as specified in Appendix 1) of this Circular to perform the following tasks:

- Calculate the estimated investment amount for the mine clearance component of the project or for an independent mine clearance project.

- Aggregate the estimated investment amount into the total investment amount of the project or the total investment amount for an independent mine clearance project.

- Submit for approval.

3. Implementation of mine clearance operations during the project execution stage.

Mine clearance operations during the project execution stage shall be carried out in the following steps:

3.1. Step 1: Propose the content of mine clearance operations.

After the investment project is approved, the investor shall prepare the content of the mine clearance proposal for the project in writing, including:

- Location;

- Area for mine clearance;

- Project name;

- Progress requirements.

- Investor;

3.2. Step 2: Send the mine clearance proposal to the following addresses:

- Capital source;

- For projects with a mine clearance area of less than or equal to 30 hectares, send the proposal to the Military Region Command where the project is being implemented for resolution.

- For projects with a mine clearance area greater than 30 hectares, send the proposal to the Operations Department of the General Staff for resolution.

3.3. Step 3: Assign tasks to mine clearance units.

- For projects with an area for clearance of bombs, mines, and unexploded ordnance larger than 30 hectares, submit the document to the Operations Directorate under the General Staff Department for resolution.

3.3. Step 3: Assign tasks to units responsible for bomb, mine, and unexploded ordnance clearance.

- The Commander of the Military Region shall, based on the proposal of the Project Investor, the level of contamination by unexploded ordnance in the project implementation area, decide to assign tasks to units or enterprises with sufficient capacity to conduct surveys, develop technical construction plans - estimates, and organize the clearance of unexploded ordnance.

- The Director of the Operations Department / General Staff Department shall, based on the proposal of the Project Investor, the level of contamination by unexploded ordnance in the project implementation area, handle procedures and draft decisions for reporting to the Ministry of National Defense to assign tasks to units or enterprises with sufficient capacity to conduct surveys, develop technical construction plans - estimates; assign tasks to construction units. For projects and construction works with large areas of clearance of unexploded ordnance and urgent deadlines, two or more units shall be assigned to participate in construction to ensure progress.

3.4. Step 4. Review and approve the technical construction plan - estimate.

After completing the technical construction plan - estimate for the clearance of unexploded ordnance, the unit or enterprise assigned the task shall submit the file to:

- The Commander of the Military Region to organize the review and approval of the technical construction plan - estimate for projects with an area of clearance of unexploded ordnance not exceeding 30 hectares implemented by units or enterprises under its jurisdiction.

- The Commander of Engineering to organize the review of the technical construction plan - estimate for projects with an area of clearance of unexploded ordnance exceeding 30 hectares and those under 30 hectares implemented by enterprises directly under the Ministry of National Defense; report to the Ministry of National Defense for approval.

4. Signing contracts to implement the clearance of unexploded ordnance work.

Based on the decision assigning tasks of the Ministry of National Defense or Military Regions, the Project Investor shall proceed to sign contracts with units or enterprises assigned the task to implement and settle accounts.

5. Organizing construction.

5.1. After signing the contract for the implementation of the task, the direct construction unit must prepare a construction plan to report to the immediate superior management authority for approval.

5.2. The construction unit must notify in writing the commencement of the clearance of unexploded ordnance construction work to the local military authorities in the project area to coordinate the implementation and manage the area.

5.3. Upon receipt of the notification, relevant agencies and units have the responsibility to create all conditions for the unit assigned the task of clearing unexploded ordnance to implement and organize the destruction of unexploded ordnance smoothly, quickly, ensuring safety and the construction schedule of the project.

6. Inspection and handover.

After completing the construction work of clearing unexploded ordnance for the project (or each phase), the implementing unit shall report to the Project Investor to organize inspection, settlement, and final payment based on the approved technical construction plan - estimate for the Project Investor to accept and protect the site for use. Records of the results of the clearance of unexploded ordnance shall be stored together with the project files.

7. Inspection and Reporting.

The immediate superior management authority of the unit assigned the task of clearing unexploded ordnance is responsible for organizing quality inspections at the site. For key projects, when necessary, the Ministry of National Defense may entrust the Engineering Command to lead and coordinate with relevant agencies to organize inspections.

Every quarter, every six months, and annually, units engaged in the clearance of unexploded ordnance shall report their implementation results to the Engineering Command for consolidation and reporting to the Ministry of National Defense and the Prime Minister as prescribed.

III. EXPENSES FOR THE CLEARANCE OF UNEXPLODED ORDNANCE WORK

1. For projects using state capital implemented according to Clause 2 Article 3 of Decision No. 96/2006/QD-TTg dated May 4, 2006 of the Prime Minister, specifically as follows:

1.1. Living expenses for personnel directly performing the task at a rate of 60,000 VND per person per day according to Decision No. 122/2007/QD-TTg dated July 27, 2007 of the Prime Minister regarding certain allowances for military personnel, civil servants, and employees of national defense directly performing the task of clearing unexploded ordnance.

1.2. Material costs, labor costs, and machinery rental fees according to the budget estimate standards for the clearance of unexploded ordnance issued along with Decision No. 177/2007/QD-BQP dated July 30, 2007 of the Minister of National Defense.

1.3. Equipment costs that are not included in the military's equipment inventory and must be rented from outside shall be calculated accurately according to current regulations.

1.4. Machinery rental rates according to the machinery and equipment rental price list for the clearance of unexploded ordnance issued along with Decision No. 177/2005/QD-BQP dated November 4, 2005 and No. 80/2007/QD-BQP dated May 3, 2007 of the Minister of National Defense.

1.5. Other costs shall be calculated according to current regulations.

1.6. Prepaid income tax and other taxes (except for rented equipment) shall not be included.

2. For projects using other sources of funds

Implemented according to Clause 3 Article 3 of Decision No. 96/2006/QD-TTg dated June 4, 2006 of the Prime Minister; the clearance of unexploded ordnance prices shall be calculated accurately according to current regulations.

3. Methods of Ensuring Funds.

Funds for the clearance of unexploded ordnance work shall be sourced from the project's budget; it is a cost item within the total investment amount of each project or the total investment amount of independent unexploded ordnance clearance projects. The Project Investor shall directly settle accounts with units according to the contract.

IV. UNEXPLODED ORDNANCE CLEARANCE WORK IN PROJECTS

(OR NON-PROJECTS) WITH FOREIGN FACTORS

1. Foreign countries, international organizations, foreign non-governmental organizations, individuals who are foreigners or Vietnamese residing abroad, and other organizations and individuals with activities aimed at supporting development and humanitarian aid in the field of unexploded ordnance clearance in Vietnam, complying with Vietnamese laws and regulations, are encouraged and facilitated to carry out such activities. Foreign assistance in the field of unexploded ordnance clearance includes the following main forms:

- Assistance through programs and projects.

- Non-project assistance (assistance not included in programs or projects; providing assistance in the form of goods, materials, equipment, finance...).

The Ministry of National Defense shall lead and coordinate with relevant ministries, sectors, and localities to receive support sources and organize the implementation of measures to address the consequences of unexploded ordnance in Vietnam.

2. The acceptance of official development assistance (ODA) to address the consequences of bombs, mines, and explosive remnants of war shall be carried out in accordance with Decree No. 131/2006/NĐ-CP dated November 9, 2006, promulgating the regulations on the management and use of official development assistance issued by the Government.

3. The acceptance of non-governmental foreign aid (NGO) shall be carried out in accordance with Decision No. 64/2001/QĐ-TTg dated April 26, 2001, promulgating the regulations on the management and use of non-governmental foreign aid issued by the Government.

4. Participation in the clearance of bombs, mines, and explosive remnants of war for international missions assigned by the Government based on international treaties to which Vietnam is a party.

V. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

Previous provisions on the management and implementation of bomb, mine, and explosive remnant clearance that conflict with Decision No. 96/2006/QĐ-TTg of the Prime Minister and the guidance provided in this Circular are hereby abolished.

2. For projects with bomb, mine, and explosive remnant clearance components approved before the effective date of this Circular but not yet commenced, the project budget shall be adjusted according to this Circular; for projects implementing bomb, mine, and explosive remnant clearance that have not been completed, the volume of work completed up to May 25, 2006 (as recorded in the construction logbook confirmed by the supervising body of the Project Owner) shall be entitled to costs under previous regulations prior to the effective date of Decision No. 96/2006/QĐ-TTg of the Prime Minister; the volume of work commenced from May 26, 2006 until the effective date of this Circular shall be implemented in accordance with Circular No. 5972/BQP dated November 13, 2006 of the Ministry of National Defense; the volume of work commenced after the effective date of this Circular shall be adjusted according to the provisions of this Circular.

3. Ministries, sectors, People's Committees at all levels, and Project Owners shall organize the implementation based on the provisions of Decision No. 96/2006/QĐ-TTg of the Prime Minister and the guidance provided in this Circular.

Any difficulties encountered during implementation should be reported to the Ministry of National Defense for consolidation and study to resolve them./.