Decision No. 49/2007/QD-TTg stipulates special cases for direct contracting under Point d Clause 1 Article 101 of the Construction Law, including preparing urban planning projects, investment project development and design after architectural design competition, and mine clearance. This Decision shall take effect from the date of publication in the Official Gazette.
Đối tượng áp dụng
Investors, authors of architectural design proposals, design consulting organizations, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally-run cities, and related organizations and individuals.
Các điểm cốt lõi
- Investors may select the author of the architectural design proposal to negotiate and sign contracts for investment project development and construction design when the author meets the required capacity conditions; if not, they may form a consortium with a design consulting organization.
- Investors may directly contract for mine clearance to prepare the construction site according to Decision No. 96/2006/QD-TTg.
- If the author refuses to undertake the work, the investor has the right to choose another contractor in accordance with the law.
- This Decision applies to public and residential construction projects.
- This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reducing project implementation time through direct contracting, helping investors save costs and time.
- Negative impact: It may cause unfairness to other contractors who are not selected, and may reduce construction quality if the author refuses to undertake the work.
❓ Câu hỏi thường gặp
When can investors directly contract?
Investors may directly contract when preparing urban planning projects, developing investment projects, and designing construction projects after an architectural design competition.
What will the investor do if the author refuses to undertake the work?
If the author refuses to undertake the work, the investor has the right to choose another contractor in accordance with the law.
To which construction projects does this Decision apply?
This Decision applies to public and residential construction projects.
What is the effective period of this Decision?
This Decision shall take effect fifteen days from the date of publication in the Official Gazette.
Who is responsible for implementing this Decision?
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally-run cities, and related organizations and individuals are responsible for implementing this Decision.
Toàn văn
Pursuant to …;
Regarding the special cases for direct contracting specified in
Point d Clause 1 Article 101 of the Construction Law
_________________
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 Decree No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;
Considering the proposal of the Minister of Construction,
DECISION:
Article 1. The special cases for direct contracting specified in Point d Clause 1 Article 101 of the Construction Law include:
1. Preparing urban planning projects;
2. Preparing investment project plans and construction designs for works after architectural design competitions for construction works have been held.
After the competition results are announced, the investor and the author of the selected architectural design proposal shall directly negotiate and sign contracts to carry out the preparation of investment project plans and construction designs when the author of the architectural design proposal meets the required capacity conditions; if the author of the architectural design proposal does not meet the required capacity conditions, they may form a consortium with a consulting organization that meets the required capacity conditions to sign a contract with the investor. If the author of the selected architectural design proposal refuses to prepare the investment project plan and construction design, the investor shall organize the selection of another contractor in accordance with the law;
3. Clearing bombs and explosive devices to prepare the construction site for works falling within the scope defined in Decision No. 96/2006/QĐ-TTg dated May 4, 2006 of the Prime Minister on the management and implementation of bomb and mine clearance operations.
Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.
Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under the Central Government, and related organizations and individuals are responsible for implementing this Decision ./
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