Decision No. 2885/2000/QD-BGTVT On the issuance of regulations for the selection of high-quality transportation works

             DECISION OF THE MINISTER OF TRANSPORT

Regarding the issuance of regulations on the selection of high-quality transportation works

 

THE MINISTER OF TRANSPORTATION

Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government stipulating the tasks, powers, responsibilities for state management, and organizational structure of the Ministry of Transport;

Pursuant to the regulations on the selection of high-quality works and outstanding works issued under Document No. 27/LB/TWH dated February 17, 2000 of the Vietnam Construction Association;

Based on the proposal of the Director of the Department of Inspection and Quality Control of Transportation Works - Permanent Secretariat of the High-Quality Work Selection Council regarding the supplementation and amendment of the regulations on the selection of high-quality transportation works issued under Decision No. 214/CGĐ dated February 14, 1998,

 

DECISION:

Article 1. Now hereby promulgates with this Decision the "Regulations on the Selection of High-Quality Transportation Works," replacing the "Regulations on the Selection of High-Quality Works" issued with Decision No. 214/CGĐ dated February 14, 1998.

Article 2. This Decision takes effect from the date of signature and applies to all transportation construction works nationwide. All provisions contrary to this Decision are abolished.

Article 3. The High-Quality Work Selection Council, heads of agencies and units within the industry, construction units of transportation works, and related agencies are responsible for implementing this Decision.

 

REGULATIONS ON THE SELECTION OF HIGH-QUALITY TRANSPORTATION WORKS

(Issued pursuant to Decision No.: 2885/2000/QĐ-BGTVT dated September 29, 2000)

Article 1: General Provisions.

These Regulations specify the objects of works eligible for selection, criteria for registration and evaluation, procedures and steps for registration and examination for selection, and other relevant provisions concerning the examination and selection of high-quality transportation works.

1.1. Basis for issuing these Regulations:

Document No. 27/LB/TWH dated February 17, 2000 of the Vietnam Construction Association on the regulations for the selection of high-quality works and outstanding works.

1.2. Objects eligible for selection.

They are transportation works (a project or a tender package if it is a large project), regardless of funding sources, across all territories, with high-quality works and construction costs meeting the following levels:

For national highway works, bridges on national highways, sea ports, and river-sea ports: ≥ 10 billion VND.

For provincial road works, bridges on provincial roads, river ports, slope protection works on national highways: ≥ 5 billion VND.

For bridges on other roads, inter-district and inter-commune roads: ≥ 3 billion VND.

For mechanical processing products in transportation construction works, including: beam launching gantries, slip-forming molds, suspended casting molds (excluding other types of molds), equipment, vehicles (such as carriages, locomotives, ships...): ≥ 1 billion VND.

For works related to traffic safety, architectural construction works, and artistic restoration works in the transportation sector: ≥ 1 billion VND.

1.3. Classification of high-quality transportation works (CLC): There are two levels.

First-class CLC works.

Second-class CLC works.

Notably, first-class CLC works may be recommended by the Ministry of Transport to the Central Selection Committee of the Vietnam Construction Association according to Regulation No. 27/LB/TWH dated February 17, 2000 for consideration of the Gold Medal for outstanding high-quality works.

1.4. Examination period: once a year, except in special cases which may be considered separately up to twice a year.

Article 2:Conditions for registration to participate in selection.

2.1. The submitted works must satisfy the construction value conditions specified in Section (1.2) and have been inspected and put into operation for at least one year.

2.2. Entities participating in the selection:

For design entities: Each work can only register one main design entity.

For construction entities:

The main contractor is eligible to register to participate in the selection.

In cases where multiple main contractors are involved in the construction of a work (multiple contracts), only those entities directly responsible for construction with a construction value of the contract accounting for 30% or more of the total construction value of the work may register to participate in the selection.

Each entity can only participate in the selection of high-quality works not exceeding three works within three years.

Article 3:Procedure and formalities for registration to participate in the selection.

3.1.All works participating in the selection must be registered to strive for high quality before the start of the work.

3.2. The Standing Committee of the Selection Council for High-Quality Construction Works will base on relevant documents and information about the works registered for selection, select and recommend a list of works and entities participating in the selection to be approved by the entire Council. The unified list will be announced by the Standing Committee to the registered entities to prepare the application dossier.

3.3. In cases where multiple main contractors are involved in the selected work, these contractors will jointly prepare one application dossier, and the entity leading the preparation of the dossier will be the one named in the announcement of the Standing Committee.

Article 4:Content of the application dossier.

4.1The application for registration to participate in the selection should be sent to the Selection Council for High-Quality Construction Works of the Ministry of Transport (through the Standing Committee, which is the Bureau of Inspection and Quality Control of Transportation Projects). The application dossier must include detailed information and must necessarily contain a report from the Project Owner regarding the following contents:

The total construction value of the work.

The entity applying for registration must ensure that it is the main contractor satisfying the provisions set out in Section (2.2).

The head of the entity preparing the request document must sign and stamp it.

4.2. A description of the implementation process of the work, particularly highlighting measures to ensure quality. For any incidents (if any), the cause and method of handling must be clearly stated.

This description must be signed and stamped by the Director or Deputy Director in charge of technical matters. Accompanying this description are:

A number of photographs of the work (at least 2 photos).

Copies of the general layout drawings of the work, colored (for the dossier of the design entity).

Copies of the approval documents for the Feasibility Study and Technical Design.

Copies of the final inspection records of the work upon completion, issued by the highest level inspection authority according to regulations for the work.

4.3.The application dossier must be bound in A4 size paper. The number of dossiers to be submitted for the selection: two sets.

Article 5:Standards for evaluating works registered for high quality.

A construction work in transportation must meet the overall integration in terms of design, construction, and management to be considered a high-quality work. Specifically, works evaluated for high quality in design are limited to truly outstanding works in scale, with complex calculations in design, beautiful aesthetics, and the use of new technology. In all cases, they must be linked to standards of usage effectiveness.

Evaluation criteria and scoring scales.

Article 6: Examination and Selection Procedures.

6.1The Standing Board receives application files for selection, examines theircompleteness in accordance with the provisions set out in Article 4 of thisRegulation.

6.2.The Technical Advisory Group assists the Board and some invited experts andstaff members of the Standing Board participate in the Advisory Group toevaluate and propose scoring according to the following procedure:

Each independent member evaluates and scores according to the evaluation form(Annexed).

The Advisory Group convenes to resolve any discrepancies among individualmembers and compile the scores from each member.

Prepare a report on the evaluation results, ranking, and recommendations tosubmit to the Board.

6.3. After receiving the Advisory Group's results, the Standing Board sends theapplication files to each Board member for independent evaluation and scoring. TheBoard convenes a plenary session to hear the Advisory Group's report and unifythe scoring and ranking results.

6.4.Based on the Board's scoring results, the Standing Board prepares theprocedures and submits the list of projects and units for the Minister'sapproval to recognize the titles.

Article 7: Provisions on rewards.

7.1. The Ministry of Transport issues decisions and grants certificates recognizingCLC CTGT to selected projects and units ranked in two categories:

First category when achieving a total score of ≥ 90% of the maximum points.

Second category when achieving a total score of ≥ 80% of the maximum points.

7.2. The Project Management Board with CLC projects will manage CLC CTGT.

7.3. Units undertaking construction or design recognized with the CLC title willreceive additional bonus points (outside the standard point framework specifiedin the tender invitation) for domestic public-funded transportation projects anddomestic tenders. The duration of the bonus period is calculated from the dateof the Ministry's Decision signing until the final deadline for submittingtender applications as stipulated in the tender invitation. The bonus point levelis calculated as follows:

2 points for first-category CLC projects.

1 point for second-category CLC projects.

If a project has been awarded a commendation certificate or a gold medal forCLC under the Regulation on selecting outstanding projects of the VietnamConstruction Association in Document No. 27/LB/TWH dated February 17, 2000, thenan additional 1 point will be added to the above bonus points.

7.4. Some cases below are eligible for bonus points as stipulated in Section (7.3),but they are not granted CLC certificates:

a) For projects implemented by the main contractor which is a General Company,only directly participating member companies with a construction value of ≥ 30%will be eligible for bonus points.

b) For projects carried out by multiple General Companies or Joint Ventures,only legitimate Vietnamese General Companies in the Joint Venture with aconstruction value of ≥ 35% of the project's total construction value will beallowed to recommend up to 2 member companies if these companies undertake ≥ 30%of the assigned work value. In cases where none of the member companies meet thespecified value criteria, one company with a nearly qualifying production valueand performing critical tasks of the project may be recommended for the Board'sconsideration to receive bonus points.

The review and confirmation of the above cases are delegated to the StandingBoard (Construction Supervision and Quality Control Bureau) to implementaccording to the following procedure: The General Company prepares a letterintroducing its affiliated unit requesting consideration and sends it to theStanding Board. The letter must have the confirmation of the Project Manager.

In all cases, the additional bonus points shall not exceed 6 points.

Article 8:Examination and selection expenses.

8.1.When submitting the application file, the registering entity must also pay anexamination fee. The amount of the examination fee will be determined by theStanding Board based on specific circumstances, suitable for each examinationperiod, and the scale of the project.

8.2.The above fees are received and recorded by the Standing Board's office. TheTechnical Advisory Group Leader presents budget estimates for approval by theStanding Board. The expenses include:

Clerical work, postal services.

Printing materials, copying application documents, packaging files...

Travel expenses for site inspections, working with related agencies.

Organizing meetings, inviting consulting experts, reviewing application files.

Printing commendation certificates, organizing award ceremonies...

Other expenses.

8.3.In cases where projects are introduced by the Ministry of Transport to theSelection Committee for Outstanding Projects under Document No. 27/LB/TWH datedFebruary 17, 2000 of the Vietnam Construction Association, the ConstructionSupervision and Quality Control Bureau is responsible for preparing proceduresand transferring files to the Committee. At the same time, they notify relevantunits to be informed for contact purposes. The examination fee, units areresponsible for paying according to the Committee's regulations (The StandingCommittee of the Committee is the Central Vietnam Construction Association).

Article 9: Provisions on Implementation.

9.1.These provisions replace the Regulation issued together with Decision No. 214/CGĐ dated February 14, 1998, concerning the selection of high-quality projects by the Ministry of Transport.

9.2.Any previous regulations that conflict with these provisions shall be abolished. Special cases not covered by these provisions must be approved by the Minister of Transport.

9.3.During implementation, if any difficulties arise, relevant agencies and units shall promptly report to the Council in writing (through the Council's Standing Office, which is the Bureau of Inspection and Quality Control of Transportation Projects) for examination and timely supplementation./.