Directive No. 23/2002/CT-BGTVT on Strengthening Investment and Construction Management in Transportation

DIRECTIVE OF THE MINISTER OF TRANSPORTATION

On Strengthening Investment and Construction Management in Transportation

Implementing the Regulation on Investment and Construction Management issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999; and the Regulation on Tendering issued together with Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government, the Minister of Transportation has issued several guiding documents for implementing the Regulation on Investment and Construction Management and the Regulation on Tendering applicable in the transportation sector.

Implementing Decision No. 273/QĐ-TTg dated April 12, 2002 of the Prime Minister on inspecting investment construction management and land use management, the Minister of Transportation has issued Plan No. 1518/KH-BGTVT dated May 7, 2002 on inspecting investment construction management and land use management in the transportation sector. The inspection results show that agencies and units in the sector have basically implemented correctly and achieved results in investment construction management from investment preparation, implementation, completion to project handover for operation. However, there are still many shortcomings and issues at every stage of investment construction management such as: low quality of survey and design; many additional and arising items during the implementation process increasing total investment compared to approved total investment but not completing necessary procedures such as requesting adjustment of feasibility study reports, contract value adjustment, supplementary and allocation of additional funds for technical design, tendering, construction leading to insufficient capital, failure to ensure project implementation schedule causing negative public opinion towards the sector; tendering organization has not fully implemented the procedures stipulated in Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government; technical design review and budget estimation work has not fully implemented State regulations; construction supervision and construction work in some projects have many errors affecting project quality; some parts of projects after being put into operation reveal poor quality. Investment appraisal work has not been given due attention, especially for transportation projects invested by localities.

To effectively manage investment and construction in the transportation sector, thoroughly address the aforementioned shortcomings and deficiencies, the Minister of Transportation directs:

1. Agencies under the Ministry shall, based on their functions and tasks, review the regulatory legal documents issued by the Ministry, promptly advise the Ministry to amend and supplement them in accordance with current State regulations; organize the dissemination and guidance to project sponsors, Departments of Transportation (Public Works), consulting organizations, contractors within the industry to implement regulatory legal documents on investment and construction management, procedures, norms, and technical standards of the State. has been issued, timely advising the Ministry to amend and supplement current state regulations; organizing the dissemination and guidance for project sponsors, Departments of Transport (Public Works), consulting organizations, contractors in the industry to implement legal regulatory documents on investment management and construction, technical procedures and standards; 2. Agencies and units under the Ministry, Departments of Transportation (Public Works) must organize the dissemination and implementation of regulatory legal documents on investment and construction management, procedures, norms, and technical standards applicable in the transportation sector, regularly inspect and rectify any violations according to their respective functions and tasks.

2. Agencies and units under the Ministry, Departments of Transport (Public Works) must organize the dissemination and implementation of legal regulatory documents on investment management and construction, technical procedures, standards applicable in the transport sector, and regularly inspect and check compliance, correcting errors according to their functions and tasks;

3. Organizations and individuals conducting technical design and budget estimation reviews must strictly comply with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government; Decision No. 17/2000/QĐ-BXD dated August 2, 2000 of the Minister of Construction on quality management regulations. The competent authority may only approve technical designs and budgets when the review documents are complete and in accordance with State regulations. when conducting technical design review and budget estimation, they must strictly comply with Decree No. 52/1999/ND-CP dated July 8, 1999 of the Government; Decision No. 17/2000/QD-BXD dated August 2, 2000 of the Minister of Construction regarding quality management regulations. The competent authority may only approve technical designs and budgets when the review documents are complete, in accordance with state regulations;

4. Project sponsors and their representatives must fully comply with the procedures stipulated in the Tendering Regulation issued together with Decree No. 88/1999/NĐ-CP dated September 1, 1999, and Decree No. 14/2000/NĐ-CP dated May 20, 2000 of the Government when organizing tenders for projects. In particular, the evaluation of tender documents must be conducted rigorously and seriously; those who do not meet the professional and ethical standards or have made mistakes in evaluating tender documents previously shall not be assigned as members of the advisory team for evaluating tender documents. Strict action must be taken against those who violate during the tender evaluation process.

5. Consulting organizations for survey and design must reorganize themselves, production, and apply scientific and technological progress to improve the quality of survey and design work, and bear responsibility for advisory content. Any changes, additions, or supplements to technical surveys and designs due to subjective fault must be clearly assigned responsibility to individuals and organizations and subject to administrative and criminal penalties as prescribed by law;

5. Consulting organizations for survey and design must reorganize themselves, production, and apply scientific and technological progress to improve the quality of survey and design work, and bear responsibility for the content of consultancy. Any changes, additions, or supplements to technical design surveys caused by subjective fault must clearly assign responsibility to individuals and organizations and be subject to administrative or criminal penalties as prescribed by law.

7. Contractors must strengthen their own construction quality management systems to ensure compliance with procedures, standards, and technical designs, ensuring quality;

6. Consulting supervision work must be improved. The Department of Organization and Labor, the Department of Science and Technology, and the General Directorate for Quality Control of Transportation Projects shall research and soon submit to the Ministry for issuance specific standards for consulting supervision; only those meeting moral and professional standards can be trained as supervisors. Supervisors who sign off on contractor errors must compensate for damages caused and may face administrative or criminal liability depending on the nature and severity of the violation. It is strictly prohibited for project sponsors and their representatives to use consulting supervision services that do not comply with the Ministry's regulations.

8. Entrust the Department of Planning and Investment to lead and coordinate with the Department of Science and Technology, the Legal Affairs Department for Transportation, and the Bureau of Inspection and Quality Management of Transport Construction Projects to draft and submit to the Minister for promulgation the Regulation on Management of Investment and Construction Projects under the Ministry of Transport.

Heads of agencies and units under the Ministry, People's Committees of provinces and centrally governed cities, Directors of Transportation Departments (Public Works) shall immediately organize the implementation of this Directive within their respective duties, powers, and scope, and report the results in writing to the Ministry of Transport (through the Ministry Inspectorate for consolidation) before December 31, 2002, and periodically every six months and annually provide reports on the implementation results./.

MINISTRY OF TRANSPORTATION

THE MINISTER

(Signed)

Dao Dinh Binh