Circular No. 28/2010/TT-BTTTT stipulates the contents of supervising the construction of information technology application projects funded by state budget.

CIRCULAR

Article concerning the supervision of construction of information technology application projects

using state budget funds

 _______________________

MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in state agency activities;

Pursuant to Decree No. 102/2009/NĐ-CP dated November 6, 2009 of the Government on Management of Investment in Information Technology Applications Using State Budget Funds;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

At the proposal of the Director of the Department of Information Technology Application,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the content of construction supervision, rights and responsibilities of organizations and individuals in the work of supervising the construction of information technology application projects using state budget funds.

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals participating in construction supervision activities for information technology application projects using state budget funds.

2. It is encouraged that organizations and individuals participating in construction supervision activities for information technology application projects using other sources of funding apply the provisions of this Circular.

Article 3. Principles of construction supervision for information technology application projects

1. Projects during the construction phase must be subject to construction supervision to manage volume, quality, progress, ensure fire prevention, explosion protection, operational safety, industrial hygiene at the site serving installation, software installation, adjustment, calibration of information technology materials, accessories, commercial software, or development, upgrade, modification of internal software, databases.

2. The project owner may hire organizations or individuals to perform construction supervision tasks or undertake them themselves if they have the necessary capacity by establishing a construction supervision advisory team or assigning tasks to individuals with the required capacity (hereinafter referred to collectively as construction supervision advisors).

3. Organizations and individuals performing construction supervision must meet the capacity conditions specified in Article 69, Article 71 of Decree No. 102/2009/ND-CP dated November 6, 2009 of the Government on management of investment in information technology applications using state budget funds (hereinafter referred to as Decree No. 102/2009/ND-CP).

Article 4. Requirements for construction supervision of information technology application projects

Construction supervision of information technology application projects must ensure the following requirements:

1. Implementation from the preparatory stage of the project.

2. Continuous and systematic throughout the construction process.

3. Compliance with the contract (or assigned tasks in cases where the project owner undertakes it themselves), approved construction design, information technology technical standard system, and requirements for applied information technology solutions.

4. Truthful, objective, transparent, non-self-interested.

Chapter II

CONTENT OF CONSTRUCTION SUPERVISION FOR INFORMATION TECHNOLOGY APPLICATION PROJECTS

INFORMATION TECHNOLOGY

Article 5. Conditions for construction

Prior to construction, the construction supervision advisor shall carry out the following:

1. Check to ensure there is a construction site for network installation, installation of information technology materials, equipment, accessories, and commercial software.

2. Check to ensure there is a tender contract.

3. Check to ensure there is an approved construction design dossier.

4. Check for a detailed construction plan established by the contractor.

5. Check measures to ensure fire prevention, explosion protection, operational safety, industrial hygiene at the site for network installation, installation of information technology materials, equipment, and accessories.

Article 6. Suitability of the contractor's capacity for the tender dossier and contract

Prior to construction, the construction supervision advisor shall carry out the following:

1. Check the contractor's workforce involved in construction.

2. Check the on-site construction command officer's capacity conditions according to Article 70 of Decree No. 102/2009/ND-CP for network installation, installation of information technology materials, equipment, and accessories.

3. Check the contractor's construction equipment. For internal software and databases, check the software development tools and other tools.

4. Check the contractor's quality assurance procedures upon request by the project owner.

5. Check the laboratory and production facilities for information technology materials, equipment serving construction provided by the contractor (if mentioned in the tender dossier, contract).

6. Check the contractor's capital utilization to fulfill the contract as committed by the contractor (if mentioned in the tender dossier, contract).

Article 7. Quality of materials and equipment before installation

Prior to construction, the construction supervision advisor shall carry out the following:

1. Check the quality certification from the manufacturer, verify conformity certification, and test results of equipment conducted by organizations recognized by competent state authorities for materials and equipment installed in projects mentioned in the bidding documents before commencement of construction.

2. Verify technical parameters of materials and equipment against those specified in the contract and construction design documents before commencement of construction.

3. Materials and equipment must be inspected for quality prior to installation. In case of doubt regarding inspection and testing results, the construction supervision consultant must collaborate with the project owner to directly inspect the materials and equipment installed in the project. If the materials and equipment do not comply with technology or usage functions as approved in the construction design and bidding documents, they shall be removed from the construction site.

The acceptance record of materials and equipment shall be prepared according to the model attached at Appendix I.

Article 8. Supervision during construction

During construction, the construction supervision consultant shall carry out the following tasks:

1. Prepare and maintain a construction supervision logbook. The contents of the construction supervision logbook are detailed in Article 14 of this Circular.

2. For network installation, installation of materials and equipment, accessories, and commercial software:

a) Regularly, continuously, and systematically monitor the contractor's implementation of work at the site. All inspection results must be recorded in the construction supervision logbook;

b) Inspect the construction methods of the contractor (for complex construction cases);

c) Inspect the quantity, external and internal forms of equipment;

d) Inspect the copyright of commercial software (legality, quantity);

đ) Participate in the trial operation acceptance work. When the trial operation meets requirements, the construction supervision consultant and participating parties shall prepare the trial operation acceptance record of equipment according to the model attached at Appendix II;

e) Participate in the equipment installation acceptance work. When the equipment installation meets quality requirements, the construction supervision consultant and participating parties shall prepare the equipment installation acceptance record according to the model attached at Appendix III.

3. For internal software and databases:

a) Monitor the contractor's implementation of work at the site according to the detailed construction schedule. All inspection results must be recorded in the construction supervision logbook;

b) Monitor the testing and trial operation process:

The construction supervision consultant is responsible for compiling the testing and trial operation results into the Construction Supervision Report. Testing and trial operation procedures are guided by Article 46 of Decree No. 102/2009/NĐ-CP.

The construction supervision consultant and participating parties shall prepare the testing and trial operation acceptance record according to the model attached at Appendix IV.

4. Participate in the acceptance and handover of project products or project components. When the acceptance work meets quality requirements, the acceptance record of project products using information technology shall be prepared according to the model attached at Appendix V.

5. Coordinate with related parties to resolve issues and incidents arising during construction.

6. Identify design errors or unreasonable aspects to adjust or request the design contractor to make adjustments.

7. Confirm completion documents: during project implementation, the construction supervision unit signs confirmation on actual construction drawings.

8. Compile all records, prepare a construction supervision report, submit it to the project owner, and simultaneously request the project owner to conduct the overall final acceptance and handover of all project products. The overall final acceptance and handover record of all project products shall be prepared according to the model attached at Appendix VI. The content of the construction supervision report is stipulated in Article 15 of this Circular.

Article 9. Quality Supervision for EPC Contracting

1. In cases where the EPC contracting method is implemented, including construction general contracting and design, supply of materials and equipment, and construction (EPC):

a) The construction supervision consultant shall perform the tasks stipulated in Articles 5, 6, and 7 of this Circular for the general contractor and subcontractors;

b) The construction supervision consultant shall conduct inspections and supervision according to the provisions of Article 8 of this Circular for the general contractor;

c) The construction supervision consultant shall participate with the general contractor in inspecting and supervising the construction work of subcontractors.

2. In cases where the turnkey method is implemented:

a) The project owner shall approve the construction schedule of the project and the completion acceptance date of the project;

b) Before the final acceptance of the project, the project owner shall accept documents and quality testing if necessary as a basis for acceptance.

Article 10. Quantity Supervision

During the process of supervising the construction of the project, the construction supervision consultant shall implement:

1. Supervision of construction according to the approved construction design quantity.

2. Calculation and confirmation of the construction quantity completed by the contractor at specific time periods or stages of construction, compared with the approved construction design. If there is an increase in quantity, such additional quantity must be approved by the project owner. The approval result of the additional quantity is the basis for payment and settlement of the project.

Article 11. Progress Supervision

During the process of supervising the construction of the project, the construction supervision consultant shall implement:

1. Inspection of the contractor's establishment of the construction progress plan before commencing construction. The construction progress plan must align with the overall project progress plan that has been approved.

2. Inspection of the establishment of detailed construction progress plans for each phase, month, quarter, and year for large-scale projects with extended construction periods.

3. Inspection of the contractor's establishment of detailed construction progress plans, scheduling overlapping and combined works.

4. Monitoring and supervising the construction progress.

5. Proposing to the project owner, the contractor, and related parties to adjust the construction progress plan when the progress in certain phases is delayed. In cases where the overall project progress is delayed, the project owner must report to the investment decision-maker to decide on adjusting the overall project progress plan.

6. Proposing penalties for the project owner and requiring the contractor to compensate for losses caused by delays in construction progress.

Article 12. Ensuring Safety, Fire Prevention, Explosion Protection, Safe Operation, and Industrial Hygiene at the Construction Site during Construction

During the process of supervising the construction of the project, the construction supervision consultant shall implement:

1. Inspection of the contractor's establishment of safety measures for construction participants.

2. Requesting agreement among parties on safety measures for fire prevention, explosion protection, and safe operation when involving multiple parties.

3. Requiring the contractor to publicly display safety measures for fire prevention, explosion protection, and operational safety rules so that everyone is aware and follows them.

4. Jointly handling and reporting incidents related to labor safety to the competent state management agency according to the law, together with the contractor and related parties.

5. Inspection of the contractor's implementation of industrial hygiene measures according to current national regulations.

6. Inspection of the protection of technical infrastructure and equipment installed within the construction area of the project (if applicable). In case of damage, malfunction, or impact on the construction area, the construction supervision consultant shall cooperate with the contractor and the project owner to prepare a site record simultaneously proposing the project owner to require the contractor to compensate for damages.

Article 13. Management of Changes during Construction

During the construction process, if unreasonable factors are discovered or new factors appear that would affect the quality of investment, progress, construction methods, and the effectiveness of the project's investment without changing the construction design, the construction supervision consultant shall report to the project owner and simultaneously prepare a site record according to Model VII attached.

Article 14. Construction Supervision Logbook

1. For supervision of construction installation of telecommunications networks, installation of information technology materials, equipment, accessories, and commercial software.

The logbook must be recorded continuously, including holidays. The contents of the construction supervision logbook include:

a) A brief description of the construction process;

b) Daily construction situation developments;

c) Actual status of materials, equipment used;

d) Deviations from the construction design documents, specifying the causes, accompanied by corrective measures (if applicable).

2. For supervision of construction development, upgrade, and modification of internal software and databases.

The logbook is recorded at specific time intervals. The contents of the construction supervision logbook include:

a) Confirmation of the volume of work completed according to the plan, detailed construction progress schedule established by the contractor;

b) Confirmation of testing and trial operation results for completed work;

c) Deviations from the construction design documents, specifying the causes, accompanied by corrective measures (if applicable).

Article 15. Report on the Results of Construction Supervision

The report on the results of construction supervision serves as the basis for the project owner to organize acceptance and handover. The contents of the report on the results of construction supervision include:

1. General information about the project:

a) Project name;

b) Name of the component;

c) Location;

d) Name of the project owner;

đ) Name of the construction organization;

e) Name of the design and construction consulting organization;

g) Name of the construction supervision consulting organization.

2. Contents of supervision:

a) Construction conditions;

b) Suitability of the contractor's capacity with the tender documents and contract;

c) Quality of information technology materials and equipment before installation;

d) Construction quality;

đ) Volume of construction;

e) Construction progress;

g) Labor safety and environmental protection;

h) Changes in construction.

3. Conclusions and Recommendations.

4. Appendices:

a) Construction supervision logbook;

b) Minutes.

Chapter III

RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN CONSTRUCTION SUPERVISION WORK

Article 16. Rights and Responsibilities of the Project Owner in Hiring a Consulting Organization for Construction Supervision of Information Technology Application Projects

1. The project owner has the following rights:

a) To hire organizations and individuals capable of supervising construction of information technology application projects in accordance with Articles 69 and 71 of Decree No. 102/2009/NĐ-CP;

b) To negotiate and sign construction supervision consulting contracts, monitor and supervise contract implementation;

c) To change or request the consulting organization to change the supervisor if the supervisor does not comply with regulations;

d) To suspend or terminate the construction supervision consulting contract in accordance with the law;

đ) Other rights as prescribed by law.

2. The project owner has the following responsibilities:

a) To inform relevant parties about the rights and responsibilities of the construction supervision consultant;

b) To promptly address proposals from construction supervision organizations and individuals;

c) To fully fulfill the responsibilities agreed upon in the construction supervision consulting contract;

d) Not to collude or use influence to distort the results of construction supervision;

đ) To store construction supervision records;

e) To bear responsibility when selecting a construction supervision consultant who lacks the necessary capacity, accepting incorrect volumes, deviating from the construction design, and other violations causing damage due to their own fault;

g) Other responsibilities as prescribed by law.

Article 17. Rights and responsibilities of the construction supervision contractor

1. The construction supervision contractor has the following rights:

a) To inspect and confirm acceptance when the project has been constructed in accordance with the approved construction design, the system of technical standards for information technology, the requirements for information technology application solutions that have been applied, and to ensure quality;

b) To require the construction contractor to perform in accordance with the contract and the approved construction design documents;

c) To retain their own opinions on the supervisory work they undertake;

d) To refuse to accept completed equipment installations when parts of the equipment have not yet been individually inspected or have not been fully repaired according to the defects recorded in the previous partial inspection report;

e) Not to sign the inspection report if the installation does not conform to the design, does not comply with technical procedures and regulations, or does not meet the manufacturer's technical specifications as stated in the equipment's technical description;

f) To recommend to the project sponsor to terminate the contract with the construction contractor in cases where the construction contractor does not adhere to the quality assurance procedures committed to by the contractor with the sponsor;

g) Other rights as prescribed by law.

2. The construction supervision contractor has the following responsibilities:

a) To carry out supervisory work in accordance with the signed contract;

b) Not to accept quantities of work that do not meet quality standards and technical criteria as specified in the approved construction design documents;

c) To propose to the project sponsor any unreasonable aspects of the construction design for timely revision;

d) To lead and coordinate with related parties to resolve issues and problems arising during construction;

e) To be responsible for false, inflated quantity declarations or collusion among participating parties leading to incorrect payment volumes for personal gain;

f) Not to collude with the construction contractor, the project sponsor, or engage in other acts of violation that distort the results of supervision;

g) To compensate for damages caused by distorting the results of supervision for construction volumes that do not conform to the design, do not comply with technical standards and norms, but were not reported to the project sponsor or the authorized person for handling, or other violations causing damage due to their own fault;

h) Not to enter into contracts with the construction contractor to conduct quality inspections of investment items for projects they supervise;

i) Other responsibilities as prescribed by law.

Chapter IV

IMPLEMENTATION

Article 18. Effective Date

1. This Circular takes effect from February 1, 2011.

2. The Information Technology Application Department under the Ministry of Information and Communications shall be responsible for disseminating and guiding the implementation of the contents of this Circular.

3. In case of any issues or difficulties arising during implementation, organizations and individuals are required to promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.