Decision No. 19/2004/QD-BGTVT of the Ministry of Transport stipulates the participation in the preparation and implementation process of transportation construction projects for investors, consulting units, and specialized management agencies. These regulations aim to enhance the quality and efficiency of project utilization.
적용 범위
Specialized management bureaus, investors (representing investors), management agencies, People's Committees of provinces and cities where the projects are located, design consulting organizations, and heads of related agencies and units.
핵심 사항
- Specialized management bureaus, investors (representing investors), management agencies, and People's Committees of provinces must participate in providing opinions during the preparation and implementation of transportation construction projects.
- When preparing feasibility reports and technical design documents, it is necessary to clearly state the scale of the project, route options, management operations, environmental protection measures, and traffic safety solutions.
- Agencies and units must submit written opinions when they receive requests from investors (representing investors).
- Prior to final acceptance and handover of the works, investors (representing investors) must establish a site inspection team and lead the inspection process.
- These regulations apply to national transportation construction projects classified as Group A and B, as well as projects related to the national transportation network.
🌐 이 문서의 사회적 영향
- Positive impact: Enhance the quality of transportation infrastructure, ensure traffic safety.
- Negative impact: Time and cost burdens on relevant parties due to the need to provide opinions during the project preparation process.
❓ 자주 묻는 질문
To which projects do these regulations apply?
These regulations apply to national transportation construction projects classified as Group A and B, as well as projects related to the national transportation network.
When must agencies and units provide opinions?
Agencies and units must provide opinions when they receive requests from investors (representing investors).
Do these regulations apply to other transportation projects?
For other transportation projects with scales classified as Group C: investors should base their application of these regulations on actual circumstances.
What actions must be taken before final acceptance and handover of the works?
Prior to final acceptance and handover of the works, investors (representing investors) must establish a site inspection team and lead the inspection process with the participation of specialized management bureaus, supervising consultants, design consultants, and contractors.
Which projects are required to compulsorily apply these regulations?
These regulations are compulsory for national transportation construction projects classified as Group A and B. For projects related to the national transportation network nationwide, these regulations must be applied to relevant components of the works.
전문
DECISION OF THE MINISTER OF TRANSPORT
REGARDING THE ISSUE OF ISSUING TEMPORARY REGULATIONS ON PARTICIPATING IN THE PROCESS OF PREPARATION AND IMPLEMENTATION
OF TRANSPORT CONSTRUCTION PROJECTS
PROJECT FOR CONSTRUCTION OF TRANSPORT INFRASTRUCTURE
_________________________________
THE MINISTER OF TRANSPORTATION
Based on the Road Traffic Law dated 29/6/2001;
Pursuant to the Construction Law on 26/11/2003;
Pursuant to the Inland Waterway Transport Law on 15/6/2004;
Pursuant to the Civil Aviation Law of Vietnam Male dated 26/12/1991 and the Civil Aviation Law of Vietnam Male amended on 20/4/1995;
Pursuant to Decree No. 34/2003/NĐ-CP dated 04/4/2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
At the proposal of the Director of the Department of Inspection and Quality Management of Transport Construction Projects,
DECISION:
Article 1. Now hereby promulgates with this Decision the "Temporary Regulations on Participating in the Process of Preparation and Implementation of Transport Construction Projects."
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
Article 3. The Heads of the Ministry's Office, Heads of the Planning and Investment Departments, Legal Departments, Financial Departments, Science and Technology Departments, Inspectors General of the Ministry, Directors of the Department of Inspection and Quality Management of Transport Construction Projects, specialized management agencies, General Directors of project management boards, Directors of provincial transport departments, provincial transport infrastructure departments, design consulting organizations, and heads of related agencies shall be responsible for implementing this Decision.
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THE MINISTER (Signed) Dao Dinh Binh |
TEMPORARY PROVISIONS
On participating in the process preparation and implementation
of transport construction projects
(Issued together with Decision No. 19/2004/QĐ-BGTVT dated October 22, 2004 of the Minister of Transport)
PART I
General Provisions
Article 1.
These temporary regulations stipulate the participation of specialized management agencies, project sponsors (representatives of sponsors), agencies entrusted with managing and operating the works, People's Committees of provinces and cities where investment and construction projects are located, in the process of preparation and implementation of projects to enhance the quality and efficiency of use of the works.
Article 2.
1. All organizations and individuals who are project sponsors (representatives of sponsors), consulting units (project development, design, review), specialized management agencies, agencies managing operations, other organizations and individuals involved when conducting project development work, design, design review, and preparation for operation of transport works must comply with these regulations.
2. These regulations are mandatory for national transport construction projects belonging to Group A and Group B. For projects related to the national transport network across the country regardless of sponsors and sources of investment, these regulations must be applied to components of the works related to the national transport network.
3. For other transport projects, projects with scale belonging to Group C: sponsors shall base their actual situation to study and apply these regulations appropriately.
Chapter II
Content of participating in the process of preparation and implementation
of transport construction projects
Article 3. Project Development Stage
1. When preparing feasibility reports for transport construction projects, organizations and individuals mentioned in Clause 1, Article 2 of these regulations, in addition to complying with all current legal regulations of the State and relevant ministries and sectors on investment and construction management, approved standards for compulsory use in the project, and standard 22TCN-268-2000 issued by the Ministry of Transport, must fully implement the contents stipulated in these regulations.
2. The content of opinions from agencies and units mentioned in Article 1 includes:
a- Project scale and main technical standards.
b- Route schemes, location schemes, construction plans, and appropriate technical solutions in accordance with planning requirements.
c- Project management and operation schemes, facilities serving management and operation, maintenance, and repair of transport works during construction and operation.
d- Environmental protection measures, traffic assurance and safety measures during construction, fire prevention, national defense security, etc.
3. In addition to the documents and materials for review already specified in current regulatory documents, the design approval documents must include the opinions of the agencies and units mentioned in Article 1 regarding the contents specified in Clause 2, Article 3. The sponsor is responsible for directing the design consultants to transfer the design documents to the above agencies for examination and comments within the prescribed time frame and content.
Article 4. Implementation phase of the project
1. When preparing technical design (or construction technical design) for transportation infrastructure construction projects, organizations and individuals mentioned in Clause 1, Article 2 of this regulation, in addition to preparing technical design documents consistent with the basic design in the feasibility study report that has been approved, must fully implement the provisions of this regulation.
2. The content of opinions from agencies and units mentioned in Article 1 includes:
a- The technical design documents submitted for approval by the competent authority must be accompanied by participation opinions from the agencies and units mentioned in Article 1 regarding the suitability of the technical design or construction technical design with the basic design and other contents specified in the decision approving the feasibility study report on planning, architecture, construction scale, grade of the works, solutions and economic-technical indicators, environmental protection solutions, fire prevention measures, etc.
b- For traffic safety systems, there must be participation opinions from the Highway Traffic Police Corps (for road and railway transportation works) or the Waterway Traffic Police Corps (for waterway transportation works). Participation opinion documents must comply with the Road Traffic Law (Article 40), Decree No. 14/2003/NĐ-CP dated February 19, 2003 (Articles 19 and 20) and government regulations in guiding decrees for the implementation of the Construction Law in the near future, as well as conform to the standards used in the project mentioned in Clause 1, Article 3 of this regulation.
c- For projects upgrading old roads, there must be participation opinions from the agency managing and operating the works regarding traffic diversion measures based on compliance with the Construction on Operating Roads Regulation issued together with Decision No. 2525/2003/QĐ-BGTVT dated August 28, 2003 of the Minister of Transport.
d- The investor (representative of the investor) is responsible for directing the Design Consultant to submit documents for participation opinions and to compile recommendations from related parties to complete the technical design (construction technical design) or explain other contents before submitting for approval.
Participation opinion documents on this matter are considered mandatory documents accompanying the submission to the competent authorities for decision-making and approval.
Article 5. Completion phase of the project
Before final acceptance and handover of the works, the Investor (representative of the investor) must establish a site inspection team and lead the execution of the site inspection with the participation of specialized management bureaus, Highway Traffic Police Corps (for road and railway transportation projects), Waterway Traffic Police Corps (for inland waterway transportation projects), Supervision Consultants, Design Consultants, Contractors, and relevant units and agencies involved in the management and operation of the works to inspect the actual site, compare with the approved technical design, prepare a unified record, and propose additional contents to be supplemented, summarized and submitted to the competent authority for consideration and decision.
Chapter III
Implementation
Article 6.
1. The Investor (representative of the investor) is the leading agency to implement the contents stipulated in this document.
2. Provisions on organizing the process of soliciting participation opinions from related parties:
a- Solicitation of participation opinions from related parties is conducted concurrently with the review or verification of project reports or design documents according to Decision No. 18/2003/QĐ-BXD dated June 27, 2003 of the Ministry of Construction.
b- The Investor (representative of the investor) sends a summary project report along with a request for participation opinions to related parties and facilitates access to the documents for participating agencies when requested.
c- After 15 days from the date of sending the request, if no participation opinion documents from related parties are received, it is considered that they agree with the content of the request.
3. After receiving participation opinion documents, the Investor (representative of the investor) studies, incorporates them, and directs consultants to complete the project, submitting for investment decision-making by the competent authority. For non-unanimous opinions, the Investor (representative of the investor) must send explanatory documents to the participating agencies.
4. Entrust the Investment Planning Department, the Bureau of Inspection and Quality Management of Transportation Works, the Project Management Boards under the Ministry, and the Departments of Transport and Public Works to supervise and inspect the implementation of this regulation./.
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