Decision No. 211/2003/QĐ-TTg On the establishment of the State Acceptance Council for Construction Projects

DECISION OF THE PRIME MINISTER

Regarding the establishment of the State Acceptance Council for Construction Projects

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government amending and supplementing certain articles of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government;

Considering the proposal of the Minister of Construction regarding the establishment of the State Acceptance Council for Construction Projects (memorandum No. 37/TTr-BXD dated May 27, 2003),

DECISION:

Article 1. The State Acceptance Council for Construction Projects (hereinafter referred to as the State Acceptance Council) shall be established with the following contents:

I. TASKS

1. To inspect and review the acceptance work of the project owner (referred to as inspection) and directly accept construction projects belonging to Group A projects, important national projects when deemed necessary, and other projects as required by the Prime Minister.

2. Annually, the Council shall submit to the Prime Minister a list of projects that will be inspected or directly accepted for construction quality.

3. To issue the Working Regulations of the State Acceptance Council in accordance with the assigned tasks. Report to the Prime Minister periodically or urgently on the situation of construction quality, violations, and measures to address them.

II. LIMITATIONS

1. During the inspection process, if serious violations affecting the quality of the project are discovered, the State Acceptance Council has the right to decide to suspend construction and require the project owner and contractor to take corrective measures. In particularly serious cases, report and propose remedial measures for the Prime Minister to decide.

2. The State Acceptance Council has the right to request the project owner to organize construction quality management in accordance with regulations and report for the Council to examine and evaluate the conclusion on construction quality, prepare the final acceptance record of the completed project, and permit handover for operation and use.

3. The State Acceptance Council has the right to postpone acceptance in cases where the project does not meet the conditions for use or production and lacks legal and technical documents.

III. RESPONSIBILITIES

The State Acceptance Council is responsible before the Prime Minister and the law for its decisions and conclusions on construction quality.

IV. ORGANIZATIONAL STRUCTURE

1. Chairman of the Council: Minister of Construction.

2. Vice Chairmen of the Council:

One Deputy Minister of Construction;

One Deputy Minister of Science and Technology;

One Deputy Minister of a Department or Sector or a Deputy Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee of provinces and centrally governed cities having projects;

Chairman of the Board of Directors of State-owned Enterprises having projects or members of the Steering Committee for National Key Projects.

3. Members of the Council:

Director of the National Quality Control Agency for Construction Projects under the Ministry of Construction (referred to as the Quality Control Agency - Ministry of Construction);

Heads of specialized agencies (Bureau, Department, Board) with functions of construction management of Ministries, Sectors having projects;

Director of the Construction Department of localities having projects;

Depending on the nature of each project, the Chairman may decide to invite leaders of related specialized agencies or experts to join the Council;

Lists of Vice Chairmen and members of the Council shall be nominated by ministries, sectors, and localities upon request and submitted to the Ministry of Construction; the Chairman decides the membership list of the Council for each project and reports to the Prime Minister.

4. The Chairman uses the organizational structure and seal of the Ministry of Construction to serve the activities of the Council. The Quality Control Agency - Ministry of Construction is the permanent agency assisting the Council.

Article 2Annually, the Ministry of Finance allocates and provides funds for the regular activities of the Council, which are included in the administrative and public service budget of the Ministry of Construction. For projects directly accepting construction quality, project investment funds can be used, and they are included in other expenses in the total construction project budget according to current regulations.

Article 3. The State Acceptance Council for Construction Projects established and operating according to previous decisions must transfer and continue operations in accordance with the provisions of this Decision.

Article 4. The Chairman of the State Acceptance Council for Construction Projects, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally governed cities, Chairmen of the Boards of Directors of State-owned Enterprises having projects, relevant organizations and individuals are responsible for implementing this Decision.

This Decision takes effect fifteen days after its publication in the Official Gazette./.