Decree No. 161/ND-CP on special mechanisms for managing investment and construction for certain projects under national target programs during the period of 2016-2020.

 

DECREE

SPECIAL MECHANISM IN MANAGING INVESTMENT AND CONSTRUCTION FOR CERTAIN PROJECTS UNDER NATIONAL TARGET PROGRAMMES FOR THE 2016-2020 PERIOD

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to the Law on Construction promulgated on June 18, 2014;

Pursuant to Resolution No. 100/2015/QH13 of the National Assembly, Session XIII dated November 12, 2015 on approving the investment orientation for national target programmes for the 2016-2020 period;

At the proposal of the Minister of Planning and Investment,

The Government promulgates this Decree on the special mechanism in managing investment and construction for certain projects under national target programmes for the 2016-2020 period.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Decree stipulates the special mechanism in managing investment and construction for certain small-scale projects under national target programmes for the 2016-2020 period that have a small scale, non-complex technology, partially funded by the State with the remainder contributed by the people (referred to as small-scale Group C projects).

Article 2. This Decree applies to agencies, organizations, and individuals involved in implementing national target programmes for the 2016-2020 period.

Article 3. Criteria for small-scale Group C projects

Small-scale Group C projects as defined in Clause 1, Article 1 of this Decree must meet the following criteria:

1. They fall within the scope of investment of national target programmes for the 2016-2020 period.

2. The total investment cost is less than five billion dong.

3. The project is located within the territory of one commune and managed by the People's Committee of the commune.

4. Non-complex technology, with standard designs available.

5. Partially funded by the State budget, the remaining funds are contributed by the people and other sources, with participation and supervision by the people. The people's contribution can be in cash or in kind, which can be converted into cash based on labor days.

6. Included in the list of projects eligible for special mechanisms issued by the provincial People's Committee.

Chapter II
SPECIFIC PROVISIONS

Article 4. Review of funding sources and ability to balance central government budget funds, government bonds, national treasury bills, ODA (referred to as central government budget funds) for small-scale Group C projects

Clause 1. Based on the notification from the Central Government regarding medium-term or annual funding, the provincial People's Committee organizes the review of funding sources and the ability to balance central government budget funds for the list of small-scale Group C projects, without reviewing each individual project. Based on the report on the review of funding sources and the ability to balance funds by the Provincial Department of Planning and Investment, the provincial People's Committee decides on the investment orientation for the entire list of projects.

Clause 2. The allocation of funds for new projects must comply with the requirements set out in Clause 5, Article 54 of the Law on Public Investment.

Clause 3. The provincial People's Committee sends a consolidated report on the results of the review of funding sources and the ability to balance central government budget funds for new projects of each national target programme (referred to as the consolidated report on the results of the review) to the Ministry of Planning and Investment, the Ministry of Finance, and the Head of the national target programme for monitoring and supervision. The time for reporting shall not exceed thirty days from the date the provincial People's Committee allocates central government budget funds for new projects in the annual plan. The contents of the consolidated report on the results of the review include the following:

a) Regarding funding sources: The suitability of the projects with the investment funding, objectives, and target groups of the programme;

b) Regarding fund balancing: The ability to allocate funds for the projects within the total planned investment funding for the medium-term or annual programme, prioritizing according to the provisions of the law;

c) List of reviewed projects: Project name, location, scale, total investment cost (central government budget, local government budget, people's contributions, other sources...), implementation time and form.

Article 4. Preparation of Construction Project Documentation

1. Projects applying special investment mechanisms shall prepare simplified construction project documentation (referred to as construction project documentation) instead of economic and technical investment reports.

2. Contents of construction project documentation:

a) Project name, investment objectives, construction location, investor, scale, technical standards according to model designs and typical designs issued by competent state agencies, implementation time;

b) Total investment amount, including state support funds (central budget, local budgets at all levels), contributions from the people, other mobilized resources. A list of costs, prioritizing the use of local materials and construction documentation unit prices permitted to be applied based on market prices;

c) Construction drawings (if applicable) according to model designs and typical designs;

d) The self-execution capacity of the people and benefiting communities.

3. The management board implementing the National Target Program (referred to as the Management Board) at the commune level is responsible for preparing construction project documentation to submit to the Commune People's Committee for review and approval. In cases where the Commune People's Committee assigns the village to implement the project, the village-level Management Board (or equivalent organizations recognized by the Commune People's Committee) is responsible for preparing construction project documentation to submit to the Commune People's Committee for review and approval.

Article 5. Review of Construction Project Documentation

1. The review dossier includes: Construction project documentation with contents as stipulated in Clause 2, Article 4 of this Decree; minutes of community meetings and relevant legal documents related to construction projects (if any).

2. Reviewing bodies:

a) The Commune People's Committee is responsible for reviewing construction project documentation. The Chairman of the Commune People's Committee establishes a review team consisting of: The leader of the Commune People's Committee as Team Leader, representatives of the community investment supervision board, financial-accounting department of the commune, experts or persons with professional qualifications selected by the community;

b) In cases where the Commune People's Committee lacks the capacity, the District People's Committee assigns the specialized agency of the district to conduct the review.

3. Contents of the review:

a) Evaluation of the project's compliance with local construction planning, land use planning, and village-level new rural construction plans;

b) Evaluation of the suitability of model designs and typical designs with the actual conditions of the construction site;

c) Technical feasibility and the self-execution capacity of the people and communities assigned to carry out the construction;

d) Investment policies and capital mobilization capabilities (state, people's contributions, other resources) according to the approved investment policy decision and report on capital source assessment and state budget funding level (for projects funded from state budget funds not directly invested by the commune-level budget);

đ) Reasonableness of costs compared to the local price level (market prices) and similar ongoing projects (if any).

4. Review period and reporting results: The reviewing body shall submit the review result report in writing to the Commune People's Committee within no more than 10 working days from the date of receiving complete valid documentation.

Article 6. Approval of Construction Project Documents

Based on the review opinions, the People's Committee of the commune directs the completion and approval of the construction project documents.

The condition regarding the time limit for approving construction project documents for new projects to be allocated annual capital: Before the detailed capital plan is assigned to the project.

Article 7. Selection of Contractors through Community Participation Form

1. The form of selecting contractors for packages implemented by the community approved in the contractor selection plan is: community participation.

2. Legitimacy of the community, mass organizations, groups, and teams at the local level implementing the package:

a) Community residents, mass organizations, groups, and teams at the local level are considered to have legitimate status to participate in the implementation of the tender packages specified in Article 27 of the Bidding Law when the residents of the community or group/team members, mass organizations live and reside within the area where the package is being implemented and benefit from it;

b) The representative of the community, mass organization, group, or team must have full civil capacity according to the law, not be an object currently under criminal responsibility pursuit, and be chosen by the community, mass organization, group, or team to represent them in signing the contract.

3. Procedure for selecting contractors as communities, mass organizations, groups, and teams:

a) The commune management board drafts the contract including requirements for the scope, content of work to be performed, quality, progress targets, contract price, rights and obligations of the parties;

b) The commune management board publicly announces (at least three working days) the invitation to participate in the implementation of the package at the People's Committee office and on communal media and community activity locations so that communities, mass organizations, and groups/teams in the area are aware. The announcement must clearly state the meeting time for discussing the implementation plan;

c) Communities, mass organizations, groups, and teams interested in receiving the draft contract for study and preparing the registration form to implement the package or project including: Names, ages, capabilities, and relevant experience of the participants; bid price and progress schedule;

d) The commune management board examines and evaluates the best community or mass organization and invites their representatives for negotiation and contract signing. Only assign local groups/teams to implement if the community or mass organization does not submit a registration form or does not meet the requirements;

đ) The maximum time from public announcement of the invitation to participate in the implementation of the package to contract signing is thirty days.

Article 8. Organization, Supervision of Construction, and Acceptance of the Project

1. Based on the approved construction project documents, the results of the contractor selection, and the detailed capital allocation plan for the project, the commune management board proceeds to sign a contract with the representative of the community or organization assigned to organize the construction.

2. The district People's Committee (for projects implemented by the commune People's Committee) and the commune (for projects implemented by the village) are responsible for assigning specialized staff to support construction; the commune management board and the community investment supervision board are responsible for supervising during the construction process.

3. The commune management board organizes the acceptance of the project, consisting of: representatives of the commune People's Committee, the commune management board; the community investment supervision board; representatives of the community, mass organizations, groups, and teams implementing the project; other related components decided by the commune People's Committee.

Article 9. Project preparation and management implementation costs

The contents and support standards shall be issued by the People's Committee of the province to the People's Council of the province according to current regulations and specific conditions of the locality but not exceeding the cost standards under the normal investment mechanism.

Article 10. Implementation Organization

1. People's Committees of provinces and centrally governed cities:

a) Issue model designs and typical designs;

b) Issue a list of projects eligible for special mechanisms;

c) Organize the review of capital sources and the ability to balance central budget funds in accordance with Article 3 of this Decree;

d) Guide the implementation of mechanisms suitable to the specific characteristics and circumstances of the locality.

2. The Ministry of Finance shall guide the implementation of simplified special settlement mechanisms for projects applying this mechanism.

For projects implemented under the form of state budget support for construction materials, the People's Committee of the province shall specify the management and settlement procedures for state budget support funds in accordance with the actual conditions of the locality.

3. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to monitor, inspect, evaluate, and summarize the implementation of this Decree; report to the Government for consideration of amendments and supplements to the Decree if necessary.

Chapter III
EFFECTIVE DATE

Article 11. Effective Date

1. This Decree takes effect from the date of issuance.

2. Repeal Decision No. 498/QD-TTg dated March 21, 2013 of the Prime Minister approving the supplementary investment mechanism for the National Target Program on New Rural Development for the period 2010-2020.

3. As for other contents related to investment construction management not specified in this Decree, they shall be carried out in accordance with current laws.

Article 12. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally governed city People's Committees, and related organizations and individuals are responsible for implementing this Decree.