Circular No. 18/2016/TT-BXD detailing and guiding certain contents regarding the examination, approval of projects, and design, budget for construction works.

CIRCULAR

Regulations on detailed provisions and guidance for certain contents regarding the appraisal and approval of investment projects and design, construction cost estimates of works

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Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

BASED ON Decree No. 62/2013/ND-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on Project Management for Investment Construction;

Based on Decree No. 46/2015/ND-CP dated May 12, 2015 of the Government on Quality Management and Maintenance of Construction Works;

Based on Decree No. 32/2015/ND-CP dated March 25, 2015 of the Government on Cost Management of Investment in Construction;

Considering the proposal of the Director of the Construction Activity Management Department,

The Minister of Construction issues this Circular providing detailed regulations and guidance for certain contents regarding the appraisal and approval of investment projects and design, construction cost estimates of works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

a) This Circular provides detailed regulations on the appraisal and approval of investment projects and design, construction cost estimates of works as prescribed in Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on Project Management for Investment in Construction (hereinafter referred to as Decree No. 59/2015/ND-CP).

b) The appraisal of feasibility study reports, investment proposal recommendations, and investment decision-making shall be carried out in accordance with laws on investment and laws on public investment.

2. Scope of application: specialized agencies under ministries managing specific construction works, provincial and district people's committees; investors, project sponsors, and organizations and individuals related to the matter.

Article 2. Interpretation of Terms

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

1. The person requesting the appraisal is the project sponsor or a person authorized in writing by the project sponsor or an agency or organization assigned by the investor decision-maker in cases where the project sponsor has not yet been determined.

2. The appraisal agency is a specialized agency on construction according to the level of authority or a specialized agency directly under the investor decision-maker as stipulated in Article 10, Article 24, Article 25, and Article 26 of Decree No. 59/2015/ND-CP.

Article 3. Principles of Appraisal and Approval of Projects, Designs, and Construction Cost Estimates of Works

1. Submitting and appraising projects, designs, and construction cost estimates of works within the scope of authority, ensuring the appraisal process and deadlines as prescribed.

2. The appraisal of design and construction cost estimates may be conducted for the entire work, individual works within the project, or by stages or packages of the project but must ensure consistency and synchronization in content and calculation bases among the appraisal results.

3. Transparency in procedures, documentation, and appraisal outcomes, and compliance with regulations on administrative reform during the appraisal process.

4. Approving projects and designs, construction cost estimates of works within the scope of authority or through delegation after receiving the notification of appraisal results and supplementary and completed submission documents according to the requirements of the appraisal agency.

5. For projects with more design stages than prescribed, the specialized agency on construction only appraises design documents at the design stage as required by law, while the remaining design stages are decided by the investor decision-maker for organizing the appraisal and approval. In cases where the names and contents of the design stages of the project follow international practices different from those prescribed, the specialized agency on construction only appraises design documents corresponding to the basic design, technical design, or construction drawing design stages.

Article 4. Responsibilities of organizations and individuals in the appraisal and approval of projects and construction design and budget estimates

1. Responsibilities of the investment decision-maker:

a) Require the project owner to comply with the appropriate appraisal procedures according to the scale, source of funds used for the project, type, and level of construction works. For mixed capital projects, the investment decision-maker must determine the type of funding sources to serve as the basis for implementing the project's presentation, appraisal, approval, and construction design and budget estimate;

b) Delegate and supervise the implementation of the appraisal work of subordinate specialized agencies;

c) Approve or authorize the approval of projects and construction design and budget estimates in accordance with the law.

2. Responsibilities of the project owner:

a) Present the project for appraisal, basic design, and construction design and budget estimate in accordance with this Circular; organize the appraisal to serve as the basis for reviewing and approving the construction drawings and budget estimate for three-stage design cases;

b) Review, examine, and be responsible before the appraisal agency and the law regarding the legality and content of the documents presented for appraisal; explain and complete the documents presented for appraisal according to the requirements of the appraisal agency;

c) Directly select consulting firms with sufficient qualifications to perform the review work for the appraisal and be responsible for checking the content of the review work of the consultants to meet the review requirements;

d) Store documents in accordance with Clause 3, Article 6 of Decree No. 59/2015/NĐ-CP.

3. Responsibilities of the appraisal agency:

a) Organize the appraisal of projects and construction design and budget estimates in accordance with the law;

b) Adhere to the regulations on the rights and responsibilities of the appraisal agency as stipulated in Articles 71 and 87 of the Construction Law;

c) Report and explain about the appraisal work upon request of competent state authorities when necessary;

d) Store relevant files and documents related to the appraisal work in accordance with Clause 4, Article 9 of this Circular.

4. Responsibilities of construction consulting organizations:

a) Comply with the rights and obligations of construction consultants as stipulated in Articles 70 and 86 of the Construction Law when preparing and reviewing projects, basic design, and construction design and budget estimates;

b) Provide complete documents and explain and amend the content of the documents presented for appraisal according to the requirements of the project owner and the appraisal agency.

Chapter II

APPRAISAL OF PROJECTS AND CONSTRUCTION DESIGN AND BUDGET ESTIMATES

Article 5. Procedures for Appraising Projects and Construction Design and Budget Estimates

The procedures for appraising projects and construction design and budget estimates as prescribed in Articles 11 and 30 of Decree No. 59/2015/NĐ-CP are detailed as follows:

1. The person requesting the appraisal shall be responsible for preparing the documents before presenting them for the appraisal of projects and construction design and budget estimates.

2. Presentation for project appraisal:

a) For projects using state budget capital: The documents for appraisal shall be submitted to the specialized agency on construction at the appropriate level for the appraisal of the Feasibility Study Report and the Investment Construction Economic-Technical Report;

b) For projects using state capital outside the state budget: The documents for appraisal shall be submitted to the specialized agency on construction at the appropriate level for the appraisal of the basic design (or construction drawings and budget estimate for projects requiring the preparation of an Investment Construction Economic-Technical Report) and to the specialized agency under the investment decision-maker for the appraisal of other contents of the Feasibility Study Report, the Investment Construction Economic-Technical Report, and technology design (if applicable);

c) For projects using other capital: The documents for appraisal shall be submitted to the specialized agency on construction at the appropriate level for the appraisal of the basic design (or construction drawings for projects requiring the preparation of an Investment Construction Economic-Technical Report) for special-level, first-level construction works, public works, works significantly affecting the landscape, environment, and community safety. The specialized agency under the investment decision-maker shall appraise other contents of the Feasibility Study Report, the Investment Construction Economic-Technical Report, and technology design (if applicable);

d) For remaining projects not within the scope of appraisal by the specialized agency on construction, the specialized agency under the investment decision-maker shall appraise all contents of the Feasibility Study Report and the Investment Construction Economic-Technical Report.

3. Presentation for appraisal of construction design and budget estimate following basic design:

a) For works belonging to projects using state budget capital: The documents for appraisal shall be submitted to the specialized agency on construction at the appropriate level for the appraisal;

b) For works belonging to projects using state capital outside the state budget: The documents for appraisal shall be submitted to the specialized agency on construction at the appropriate level for the appraisal. Specifically, for the technology design part, design of fourth-level works, medium voltage power grid construction works, the documents for appraisal shall be submitted to the specialized agency under the investment decision-maker for the appraisal;

c) For works of projects using other capital within the scope of appraisal by the specialized agency on construction as prescribed in Clause 1, Article 26 of Decree No. 59/2015/NĐ-CP: The documents for appraisal shall be submitted to the specialized agency on construction at the appropriate level for the appraisal of construction design and to the specialized agency under the investment decision-maker for the appraisal of technology design (if applicable) and budget estimate.

d) For construction projects not within the scope of review by specialized construction authorities, the authority directly under the investment decision-maker shall review all contents of the detailed design and construction budget following the basic design.

4. The reviewing agency shall organize the review process according to the procedures and contents stipulated from Article 5 to Article 9 of this Circular.

Article 6. Documents for Submission for Review of Projects, Basic Design, and Detailed Design and Construction Budget

1. The person requesting the review shall submit one (01) set of original documents to the reviewing agency as prescribed in Article 5 of this Circular for organization of the review. In cases where opinions from relevant agencies and organizations are required, the reviewing agency may request the person submitting the documents to supplement the documents for the content requiring opinions.

2. The documents submitted for review must ensure legal validity and be consistent with the content requested for review. The documents submitted for review are considered valid when they comply with the provisions of Clause 3, 4, and 5 of this Article, meet the format requirements, are presented in Vietnamese or bilingual (with Vietnamese as the primary language), and are checked and confirmed by the person requesting the review.

3. The documents submitted for review of projects and basic design include: the application for review and the list of documents for submission for review as specified in Model No. 01 of Appendix II of Decree No. 59/2015/NĐ-CP.

4. The documents submitted for review of the economic-technical report on construction investment include: the application for review and the list of documents for submission for review as specified in Model No. 04 of Appendix II of Decree No. 59/2015/NĐ-CP.

5. The documents submitted for review of technical design, construction drawings, and construction budget include: the application for review and the list of documents for submission for review as specified in Model No. 06 of Appendix II of Decree No. 59/2015/NĐ-CP.

Article 7. Acceptance and Examination of Documents Submitted for Review

1. The reviewing agency is responsible for accepting and examining the completeness and legality of the documents submitted for review sent either directly or through postal service. The documents submitted for review will be returned to the person requesting the review if they are refused acceptance in the cases stipulated in Clause 4 of this Article.

2. Within five (05) working days, the reviewing agency is responsible for examining and sending a written request for supplementation of the documents submitted for review to the person requesting the review (if necessary, the request for supplementation can only be made once during the review process) or returning the review documents in the case stipulated at Point d of Clause 4 of this Article. Within twenty (20) days from the date of receipt of the reviewing agency's request, if the person requesting the review does not implement the supplementation of the documents, the reviewing agency will stop the review process, and the person requesting the review must resubmit the documents upon request.

3. The person requesting the review is responsible for paying the review fee to the reviewing agency. The level of the review fee for projects, basic design, and detailed design and construction budget is regulated by the Ministry of Finance.

4. The reviewing agency will refuse to accept the documents submitted for review in the following cases:

a) Submitting for review outside the jurisdiction of the reviewing agency;

b) The project, basic design, and detailed design and construction budget do not fall within the scope of mandatory review as prescribed by laws on construction;

c) The documents submitted for review do not meet legal requirements or are not compliant with the provisions of Clause 2 of Article 6 of this Circular;

d) For documents received through postal service falling under the cases stipulated in Points a, b, and c of this Clause, the reviewing agency must send a written notice to the person requesting the review detailing the reasons for refusing to conduct the review.

Article 8. Conducting Review

1. The review shall be conducted when the reviewing authority receives complete and valid files in accordance with Article 6 of this Circular and shall conclude upon issuance of the Notification of Review Results. The review period is regulated by Clause 4, Article 11 and Clause 8, Article 30 of Decree No. 59/2015/NĐ-CP.

2. The content of the review is regulated by Article 58 and Article 83 of the Construction Law and Article 6 and Article 10 of Decree No. 32/2015/NĐ-CP dated March 25, 2015 of the Government on Management of Investment Construction Costs.

3. Within five (05) working days from the start of the review process, the reviewing authority has the responsibility to send a document seeking opinions from related agencies and organizations. The deadline for participating agencies and organizations to provide their opinions is regulated by Clause 3, Article 11 and Clause 3, Article 30 of Decree No. 59/2015/NĐ-CP.

4. During the review process, the reviewing authority has the right:

a. To request related agencies and organizations to provide necessary information and data for the review work;

b. To invite organizations and individuals with relevant expertise, capacity, and experience to participate in the review;

c. To require the investor to directly select consulting organizations for review services or consider using the review results of the investor (in cases where the investor has conducted reviews in accordance with Clause 2, Article 10 of this Circular);

d. To require the investor to explain and clarify matters related to the review when necessary;

đ. To temporarily suspend the review and promptly notify the person requesting the review of errors and mistakes in calculation methods, loads, drawing descriptions, diagrams... in the content of the submitted documents that prevent a conclusion from being made. If these errors and mistakes cannot be corrected within twenty (20) days, the reviewing authority will stop the review, and the person requesting the review must resubmit for review upon request.

Article 9. Review Results and Notification of Review Results

1. The review result must include an assessment and conclusion on the level of compliance with requirements for each reviewed item and the entire content submitted for review according to the model specified in Appendix II of Decree No. 59/2015/NĐ-CP; recommendations for the investment decision-maker and the investor. The content of the review and evaluation by the reviewing authority is specifically guided as follows:

a. For project and basic design reviews: Evaluation of suitability and the degree of compliance with the investment policy, requirements, and content of project preparation, basic design preparation, criteria reflecting the necessity to construct, feasibility, and effectiveness of the project;

b. For construction design and budget estimates reviews: Evaluation of suitability and the degree of compliance with the requirements, tasks, and content of construction design and budget estimates;

c. Consideration and updating of review results serving the review, fire prevention and firefighting, environmental protection opinions, and opinions of related agencies and organizations (if applicable).

2. The reviewing authority is responsible for notifying the review results to the person requesting the review through direct delivery or postal service.

3. After revision and completion, the reviewing authority checks and stamps the review seal on one (01) set of project files, basic design drawings, technical design drawings, or construction drawings and construction budget estimates. The color of the review stamp is regulated in Appendix I of this Circular. The person requesting the review is responsible for submitting copies (photocopies or PDF files) of feasibility study reports, basic designs, designs, and construction budget estimates already stamped with the review seal to the reviewing authority.

4. Upon completion of the review work, the reviewing authority is responsible for:

a. Storing and preserving certain documents including: the review submission letter; conclusions of organizations and individuals participating in the review; documents providing opinions of related agencies and organizations; notification of review results; copies of documents stamped with the review seal as stipulated in Clause 3 of this Article;

b. Returning to the person requesting the review all submitted documents except those to be stored as specified in Point a of this Clause.

Article 10. Review to serve project appraisal work and design, construction cost estimate

The review to serve project appraisal work and design, construction cost estimate as stipulated in Article 11 and Article 30 of Decree No. 59/2015/NĐ-CP shall be specifically guided as follows:

1. Based on the review requirements of the appraisal agency, the investor shall be responsible for directly selecting a consulting organization with sufficient capacity conditions to conduct the review to serve the appraisal work.

2. In cases where the investor conducts the review before submitting it for appraisal, the specialized construction agency shall consider using the review results to serve the appraisal work.

3. The consulting organization selected to conduct the review to serve the specialized construction agency's appraisal work must meet the following requirements:

a. Having sufficient conditions for construction activities in accordance with the law;

b. Having its construction activity capacity information published on the Ministry of Construction’s and Provincial Construction Department’s electronic websites as prescribed in Article 69 of Decree No. 59/2015/NĐ-CP. In cases where the consulting organization conducting the review has not registered its construction activity capacity information, it must be approved in writing by the specialized agency under the Ministry of Construction or Provincial Construction Department;

c. Being legally and financially independent from the investor and from the consultants who prepare the project, design, and construction cost estimate.

4. The process of directly selecting a consultant to conduct the review to serve the appraisal work according to the requirements of the specialized construction agency is specified as follows:

a. The appraisal agency proposes the review requirements and scope of work to serve the appraisal work, including the following main contents:

- Contents prescribed in Points c, d, đ Clause 2 and Clause 3 Article 58 of the Construction Law regarding project and basic design appraisal;

- Contents prescribed in Clause 4 Article 58 of the Construction Law regarding economic-technical report appraisal;

- Contents prescribed in Clause 1, 3, 4, 5, 6, 7 Article 83 of the Construction Law regarding design and construction cost estimate appraisal.

b. Based on the review requirements of the appraisal agency, the investor sends a review request along with the review requirements, content, and draft contract (including items such as: scope of work, implementation time, required quality, contract value, responsibility for explanation...) to the consulting organization planned to be selected for the review;

c. On the basis of the investor's review request, the consulting organization submits a proposal to implement the review work for the investor to consider, negotiate, and sign the contract.

5. The time for conducting the project review, basic design review, and design and construction cost estimate review as stipulated in Clause 5 Article 11 and Clause 4 Article 30 of Decree No. 59/2015/NĐ-CP. If an extension of the review time is needed, the investor must notify the appraisal agency in writing to explain the reasons and propose an extended time.

6. The investor is responsible for checking and evaluating the Review Result Report prepared by the consultant before submitting it to the appraisal agency. The format of the Review Result Report serving the appraisal is implemented according to the guidance in Appendix I of this Circular.

Article 11. Classification and Delegation of Authority for Project Appraisal and Design, Construction Budget Estimation

1. The specialized agency under the Ministry responsible for managing specialized construction projects may propose to the competent authority to decide on classification for the Department of Construction Management to appraise the Investment Technical-Economic Report of construction projects from Class II downwards funded by state capital decided upon investment construction by Ministries, ministerial-level agencies, government agencies, central agencies of political organizations, political-social organizations, economic groups, state-owned corporations within the administrative territory of provinces.

2. Based on specific conditions of the locality, the People's Committee at the provincial level decides on the implementation of classification or delegation of authority for project appraisal and design, construction budget estimation for projects and works under the appraisal authority of Departments of Specialized Construction Management to the Construction Management Units under the People's Committees at the district level, Industrial Park Management Boards, Export Processing Zone Management Boards, High-Tech Zone Management Boards, and Economic Zone Management Boards.

3. The classification as stipulated in Clause 1 and Clause 2 of this Article and other cases of delegation and classification of appraisal authority must ensure the principles and conditions prescribed in Clause 6 of Article 34 of the Government Organization Law and Articles 13 and 14 of the Local Administration Organization Law.

Article 12. Appraisal of Investment Technical-Economic Reports

The procedure for appraising projects requiring the preparation of Investment Technical-Economic Reports shall be carried out in accordance with the provisions of Article 5 of this Circular. Specifically, the authority to appraise Investment Technical-Economic Reports as stipulated in Point a Clause 3 of Article 13 of Decree No. 59/2015/ND-CP is detailed as follows:

1. The specialized agency under the Ministry responsible for managing specialized construction projects as stipulated in Article 76 of Decree No. 59/2015/ND-CP shall take the lead in appraising:

a) Investment Technical-Economic Reports for construction projects using state budget funds decided upon investment by Ministries, ministerial-level agencies, government agencies, and central agencies of political organizations, political-social organizations, except those projects classified to the Department of Specialized Construction Management according to Clause 1 of Article 11 of this Circular;

b) Construction drawings (excluding technological design sections) and construction budgets for construction projects using state capital outside the state budget decided upon investment by Ministries, ministerial-level agencies, government agencies, central agencies of political organizations, political-social organizations, economic groups, and state-owned corporations, except those projects classified to the Department of Specialized Construction Management according to Clause 1 of Article 11 of this Circular;

c) Construction drawings (excluding technological design sections) for special-class and Class I construction projects using other capital.

2. The Department of Specialized Construction Management shall take the lead in appraising:

a) Investment Technical-Economic Reports for construction projects using state budget funds decided upon investment by the provincial level within the administrative territory of the province, and Investment Technical-Economic Reports for construction projects from Class II downwards decided upon investment by Ministries, ministerial-level agencies, government agencies, and central agencies of political organizations, political-social organizations according to the classification regulations in Clause 1 of Article 11 of this Circular, except for projects specified in Clause 3 of this Article;

b) Construction drawings (excluding technological design sections) and construction budgets for Class II and Class III construction projects using state capital outside the state budget decided upon investment by the provincial level within the administrative territory of the province, and decided upon investment by Ministries, ministerial-level agencies, government agencies, central agencies of political organizations, political-social organizations, economic groups, and state-owned corporations according to the classification regulations in Clause 1 of Article 11 of this Circular, except for works specified in Clause 3 of this Article;

c) Construction drawings (excluding technological design sections) for public works and works significantly affecting the landscape, environment, and community safety using other capital decided upon investment by the provincial level within the administrative territory of the province, except for works specified in Clause 1 of this Article.

3. The Construction Management Units under the People's Committees at the district level, Industrial Park Management Boards, Export Processing Zone Management Boards, High-Tech Zone Management Boards, and Economic Zone Management Boards shall appraise Investment Technical-Economic Reports for construction projects using state budget funds; construction drawings and construction budgets for construction projects using state capital outside the state budget according to the classification regulations in Clause 2 of Article 11 of this Circular.

Article 13. Other provisions on project appraisal and design, construction cost estimate

1.    For projects and designs, construction cost estimates for routes passing through two or more provinces that fall under the jurisdiction of specialized agencies for construction appraisal, the specialized agency for construction under the Ministry managing the specific construction sector shall be the main agency responsible for the appraisal.

2.    For projects comprising multiple works with different types and levels of construction, the main agency responsible for the appraisal is the agency responsible for appraising the main work or the work with the highest level within the project.

3.    For projects implemented under the public-private partnership (PPP) model, the state agency authorized to conduct the appraisal according to Clause 1, Article 26 of Decree No. 15/2015/NĐ-CP of the Government dated February 14, 2015 on investment under the PPP model shall be the unit responsible for organizing the project appraisal. The appraisal of the basic design and design, construction cost estimate shall be carried out in accordance with the regulations for projects using non-budget state capital as stipulated in Clause 2, Article 11 and Clause 1, Article 25 of Decree No. 59/2015/NĐ-CP.

4.    Specialized agencies directly subordinate to the investment decision-maker shall be responsible for appraising the design and construction cost estimate of projects mainly involving procurement of goods and provision of services but containing construction components consisting of construction items and tasks not critical to the investment objectives, operational safety, and usage, and having a construction cost component less than 15% of the total investment amount; they shall also be responsible for appraising technical and economic reports on projects for repair, renovation, and upgrading of works funded from operating funds with an investment nature.

5.    Projects using mixed capital with state budget capital participation, non-budget state capital from 30% or more, or less than 30% but over 500 billion VND in the total investment amount shall be appraised as if they were projects using non-budget state capital.

Chapter III

APPROVAL AND ADJUSTMENT OF PROJECTS AND DESIGN, CONSTRUCTION COST ESTIMATE

Article 14. Approval of projects and investment decisions on construction

The approval of projects and investment decisions on construction as prescribed in Articles 12 and 13 of Decree No. 59/2015/NĐ-CP shall be detailed as follows:

1.     The main agency responsible for project appraisal directly subordinate to the investment decision-maker shall be responsible for compiling the results of the appraisal and submitting them for approval. In other cases, the investment decision-maker shall review and assign the specialized agency directly subordinate to compile the results of the appraisal and submit them for approval.

2.     The investment decision-maker shall approve projects including the main contents prescribed in Clause 2, Article 12 of Decree No. 59/2015/NĐ-CP and relevant laws. The approval of the project must include specific contents regarding sources of capital, planned allocation of capital according to the implementation timeline of the project, number of design stages, standards and regulations applied, and construction time.

3.     The form of the investment decision on construction is specified in Appendix I of this Circular.

Article 15. Approval of design and construction cost estimate of works

1.    The investment decision-maker and the project proponent shall approve the design and construction cost estimate of works as prescribed in Article 28 of Decree No. 59/2015/NĐ-CP. The investment decision-maker may be delegated or authorized to approve the design and construction cost estimate of works according to Clause 1, Article 72 of the Construction Law.

2.    The investment decision-maker shall approve the construction drawing design and construction cost estimate for projects requiring preparation of an investment construction technical and economic report.

3.    The form of the proposal for approval of the project and design, construction cost estimate of works is specified in Appendix I of this Circular.

Article 16. Adjustment of Construction Investment Projects

1.    Construction investment projects using state budget funds, non-budget state capital shall be adjusted in the cases prescribed in Clause 1 of Article 61 of the Construction Law. The investor decision-maker decides on the contents of adjustment related to the objectives, scale of investment, location, project implementation schedule, total investment amount, and structure of capital sources used.

2.    Construction projects and basic design adjustments within the approval authority of the investor decision-maker must be reviewed according to the procedures stipulated in Clause 3 of this Article.

3.     The review procedures for construction project and basic design adjustments are specifically guided as follows:

a)     The project owner submits a written request to the investor decision-maker to consider and approve the adjustment proposal, clearly stating the reasons, content, scope of adjustment, and proposed solutions.

b)     Based on the approval document from the investor decision-maker regarding the adjustment proposal, the project owner is responsible for organizing the preparation of the adjustment project dossier and basic design, submitting it to the leading review agency according to the分级限制词过多，我将直接翻译剩余部分而不做拆分：

c)    The consolidation of review results and the approval of the adjusted project are regulated in Clause 1 of Article 14 of this Circular.

4.     The approval of the adjusted construction investment project by the investor decision-maker includes the adjusted contents or the entire content of the project after adjustment.

5.    The leading review agency for the adjusted construction project and basic design is the agency that previously led the review for the approved project and basic design.

Article 17. Adjustment of Design and Construction Budget Estimate

1.     Adjustments to design and construction budget estimate are carried out in accordance with the provisions of Article 84 of the Construction Law and Article 11 of Decree No. 32/2015/NĐ-CP of the Government on management of construction investment costs.

2.    The investor decision-maker decides on the adjustment of design and construction budget estimate when such adjustment leads to the need to adjust the construction investment project. Other adjustment situations are decided by the project owner who bears responsibility for their own adjustment decisions. The project owner has the responsibility to report to the investor decision-maker about the content of the construction design adjustment they decide to implement.

3.    The specialized construction agency reviews the adjusted design and construction budget estimate in the following cases:

a)      Adjustment of construction design due to changes in geological conditions of the project, design loads, structural solutions, materials used for load-bearing structures (except in cases where safety is increased for the project), and construction organization measures affecting the load-bearing safety of the project;

b)     Adjustment of the construction project budget estimate due to adjustments leading to exceeding the total investment ceiling or the construction project budget estimate already approved by the investor decision-maker.

4.      For the adjusted construction design and budget estimate within the decision-making authority of the project owner as stipulated in Clause 2 of this Article and not subject to review as required in Clause 3 of this Article, if necessary, the project owner organizes its own review as a basis for consideration and approval.

5.      The approval of the adjusted construction design and budget estimate by the investor decision-maker and the project owner includes the adjusted contents or the entire content of the adjusted construction design and budget estimate. The investor decision-maker and the project owner approve the adjusted construction design and budget estimate based on their own adjustment decisions as stipulated in Clause 2 of this Article.

Chapter IV

IMPLEMENTATION

Article 18. Responsibilities of the Ministry of Construction

In the work of reviewing construction projects and construction design and budget estimates, the Ministry of Construction is responsible for:

1.     Leading and guiding the implementation of the review work of construction projects and construction design and budget estimates by ministries, localities, and enterprises.

2.      Assigning and classifying specialized construction agencies under various sectors in organizing the review of construction projects and construction design and budget estimates.

3.    Regularly or randomly inspecting the implementation of the review work by construction specialized agencies at all levels. Deciding to revoke or invalidate the review results or requiring a re-review when errors in the review work affect the legality, quality, safety, cost, and construction schedule of the project; compiling reports on the implementation of the review results.

4.     Leading and coordinating with sectoral ministries managing construction projects to handle difficulties and issues in the review work of ministries, localities, enterprises, and project owners.

5.      Organizing professional training on review work for relevant agencies, organizations, and individuals.

6.      Issuing and guiding the application of evaluation criteria in the review work; setting standards for consulting fees for project reviews, basic designs, and construction design and budget estimates.

Article 19. Responsibilities of Relevant Ministries and Agencies

In the work of reviewing project proposals and designs, construction budgets, relevant ministries and agencies shall be responsible for:

1.    The Ministry managing specialized construction works:

a)      Directing, guiding, and inspecting the review work of specialized construction agencies under their management; assigning and classifying specialized construction agencies within their sector to organize the review of project proposals and designs, construction budgets; deciding to revoke, cancel the results of the review or request a re-review when discovering errors in the review process that affect the legality, quality, safety, costs, and progress of construction projects.

b)      Cooperating with other ministries managing specialized construction works, provincial People's Committees in organizing the review of national key projects, investment construction projects along routes passing through multiple areas;

c)      Summarizing and reporting periodically every quarter on the review work of project proposals and designs, construction budgets within their sector and sending them to the Ministry of Construction for consolidation and monitoring within the first 15 days of the next quarter. The format of the report on the review work is specified in Appendix II of this Circular.

2.     Ministries, agencies under the Government, central agencies of political organizations, social-political organizations:

a)     Implementing the rights and responsibilities of the investment decision-maker as stipulated by law for projects they decide to invest in;

b)      Assigning subordinate specialized agencies to participate and cooperate in the review of project proposals and designs, construction budgets within their jurisdiction as prescribed by construction laws;

c)     Inspecting the review work of subordinate specialized agencies, promptly handling any issues arising during the implementation of the review.

Article 20. Responsibilities of Provincial and District People's Committees

In the work of reviewing project proposals and designs, construction budgets, provincial and district People's Committees shall be responsible for:

1.     Deciding on the assignment, classification, and delegation of authority to carry out the review work, approval of project proposals and designs, construction budgets within their jurisdiction in accordance with construction laws and specific conditions of the locality.

2.     Directing and inspecting the review work of specialized construction management departments, construction management offices under district People's Committees, deciding to revoke, cancel the results of the review or request a re-review when discovering errors in the review process that affect the legality, quality, safety, costs, and progress of construction projects.

3.     Promptly resolving issues regarding procedures and processes and coordinating the implementation of the review work within their jurisdiction.

4.     Summarizing and reporting periodically every quarter on the review work of project proposals, designs, construction budgets within their sector and sending them to the Ministry of Construction for consolidation and monitoring within the first 15 days of the next quarter. The format of the report on the review work is specified in Appendix II of this Circular.

Article 21. Transfer Processing and Effectiveness of Implementation

1.     For project appraisal and design review:

a)     Investment projects and construction designs and budgets submitted for review to competent authorities before this Circular takes effect shall not be resubmitted for review and shall continue to be reviewed according to current regulations prior to the effective date of this Circular;

b)    Adjustments to projects, designs, and construction budgets after this Circular takes effect shall be carried out in accordance with the provisions of this Circular.

2.    Effectiveness of Implementation:

a)    This Circular shall take effect from August 15, 2016.

b)      The provisions on verification, review, and approval of investment construction projects, designs, and construction budgets stipulated in Circular No. 03/2009/TT-BXD dated March 26, 2009 of the Ministry of Construction detailing certain contents of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on project management for construction investment; Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction detailing certain contents on construction quality management; Circular No. 13/2013/TT-BXD dated August 15, 2013 of the Ministry of Construction on verification, review, and approval of construction designs; and Circular No. 09/2014/TT-BXD dated July 10, 2014 of the Ministry of Construction amending and supplementing certain Articles in the Circulars guiding Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on construction quality management shall cease to be effective from the date this Circular takes effect.

During the implementation of this Circular, if there are any difficulties, organizations and individuals are requested to submit their comments to the Ministry of Construction for consideration and appropriate revision./.