Decision No. 226/2006/QĐ-TTg On organizing groundbreaking ceremonies, commencement ceremonies, and completion ceremonies for construction projects

DECISION OF THE PRIME MINISTER

On organizing groundbreaking ceremonies, commencement ceremonies, and completion ceremonies for construction projects

and

____________________

PRIME MINISTER

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

Pursuant to the Construction Law dated November 26, 2003;

Pursuant to the Law on Thrift and Combating Wastefulness dated November 29, 2005;

Considering the proposal of the Minister of Construction,

DECISION:

Article 1. Scope and Applicability

1. This Decision stipulates the organization of groundbreaking ceremonies, commencement ceremonies, and completion ceremonies for construction projects funded by state budget and funds originating from the state budget.

2. For construction projects funded by sources other than those specified in Clause 1 of Article 1 of this Decision, it is encouraged that investors apply the provisions of this Decision when organizing groundbreaking ceremonies, commencement ceremonies, and completion ceremonies for construction projects.

Article 2. Conditions for organizing groundbreaking ceremonies, commencement ceremonies, and completion ceremonies for construction projects

1. Groundbreaking and commencement ceremonies for construction projects may only be conducted when all conditions for commencement as prescribed in Article 72 of the Construction Law and Clause 4 of Article 40 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment in construction works have been met.

2. Completion ceremonies for construction projects may only be carried out when the final acceptance procedures for putting the project into use as prescribed in Article 26 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on Quality Management of Construction Projects have been completed.

3. Each investment project for construction works may only organize one groundbreaking ceremony or one commencement ceremony and one completion ceremony for the project upon permission granted by the competent authority as stipulated in Article 3 of this Decision.

4. The organization of groundbreaking ceremonies, commencement ceremonies, and completion ceremonies for construction projects (hereinafter referred to as ceremonies) must comply not only with the provisions of this Decision but also with other relevant laws.

Article 3. Competent Authority for Permission to Organize Ceremonies

The investor shall prepare a plan for organizing the ceremony, specifying the reasons, content, time, location, participants, organizational costs, and implementation plan, and submit it to the competent authority as follows for permission to organize the ceremony:

1. For projects funded by the state budget:

a) The Prime Minister grants permission to organize ceremonies for national important projects.

b) The Chairperson of the People's Committee of provinces and centrally-administered cities grants permission to organize ceremonies for projects of significant economic, political, cultural, and social importance to the locality if they meet one of the following conditions:

- Projects belonging to Group A, as defined in Decree No. 112/2006/NĐ-CP dated September 29, 2006 amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on Project Management for Investment in Construction Works, except for security, defense, harmful chemical production, and explosive projects.

- Having a significant impact on the interests of the community within the province or centrally-administered city.

2. For projects funded by sources originating from the state budget, the person granting permission to organize ceremonies is the person authorized to decide on investment.

Article 4. Organization of Ceremonies

1. The entity organizing the ceremony shall coordinate with the local authorities where the construction project is located to inform the local people about the ceremony, ensuring good security, order, and safety for the ceremony; at the same time, coordinating with central and local information agencies, press, radio, and television to publicize the significance and mission of the construction project.

2. The organization of the ceremony must be appropriate to the customs and traditions of the ethnic group and the economic and social conditions of the locality, avoiding ostentation, ensuring thrift and preventing waste; it must not disrupt social order and security, obstruct traffic, or other public activities. It is prohibited to use the organization of the ceremony to promote other purposes that affect politics, economy, culture, and society.

3. Depending on the scale and nature of the ceremony, the entity organizing the ceremony shall invite guests within an appropriate scope; the guest list must be suitable for the purpose and requirements of the ceremony; invitations to guests from distant places should be minimized. Transportation arrangements for guests should be organized at designated locations using shared vehicles, and not at individual residences.

4. The venue for the ceremony should be decorated simply, neatly, solemnly, and practically. The main elements of decoration include: the name of the ceremony, the project name, the investor, the contractor, the supervising consultant, the project implementation period, logos (if any) of the investor and contractors.

5. The ceremony must be carried out strictly according to the approved program and content. The main content of the ceremony includes: a summary report by the investor on the project, opinions from the contractor, the local authority where the construction project is located, instructions from superiors, issuing the commencement order or declaring the completion of the project.

6. Any form of gift-giving is strictly prohibited, no badges, ribbons, or boutonnieres should be used, and flower-giving should be minimized. Ceremonies must not cause wastage of time and related expenses.

Article 5. Costs for organizing ceremonies

1. The use of state budget for organizing ceremonies shall only be included in the project costs when permitted by the authorized person as stipulated in Article 3 of this Decision.

2. Costs for organizing each ceremony shall be based on the approved budget estimate. The budget estimate for organizing ceremonies shall be prepared in accordance with the content and scale of the project, following the current national norms, standards, and regulations. The cost items include: site preparation, decoration, sound system, lighting, printing materials, invitation letters, service work (drinking water, security and public order), and other necessary expenses.

3. Costs for organizing each ceremony shall be included in the other costs of the total construction project budget, not exceeding 0.04% of the total construction project budget value but not more than 50 million VND. In cases where the contractor organizes ceremonies to promote the business brand, the costs for organizing ceremonies shall be included in the management costs of the enterprise. It is strictly prohibited for the project sponsor to require the contractor to pay for the costs of organizing ceremonies.

Article 6. Responsibilities of related organizations and individuals

1. Ministers, Heads of ministerial-level agencies, agencies under the Government, and other relevant agencies, Chairmen of provincial People's Committees directly under the Central Government shall be responsible for inspecting and urging the sponsors and enterprises under their management to implement this Decision.

2. The Ministry of Construction shall be responsible for inspecting the organization of ceremonies for projects.

3. Organizations, units, and individuals responsible for organizing ceremonies and organizations, units, and individuals related to violations of this Decision shall be subject to material compensation, administrative disciplinary action, or other handling according to the provisions of the law depending on the level of violation.

Article 7. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 8. Ministers, Heads of ministerial-level agencies, agencies under the Government, and other relevant agencies, Chairmen of provincial People's Committees directly under the Central Government, and related organizations and individuals shall be responsible for implementing this Decision./.