Decision No. 518/QD-BNN-XD approves the adjustment and supplementation of the investment project for constructing the Southern Branch of the Marine Fisheries Research Institute.

Pursuant to …;

Approving the adjustment and supplementation of the Project for Investment in Construction of the Southern Fisheries Research Institute Branch

Southern Fisheries Research Institute Branch

 THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development and Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008;

Pursuant to the Law on Construction dated November 26, 2003; Law No. 38/2009/QH12 dated June 19, 2009 amending and supplementing certain articles of laws related to investment in construction;

Pursuant to the following Decrees of the Government: No. 12/2009/NĐ-CP dated February 12, 2009; No. 83/2009/NĐ-CP dated October 15, 2009 on project management for investment in construction works; No. 112/2009/NĐ-CP dated December 14, 2009 on cost management for investment in construction works; Decree No. 209/2004/NĐ-CP dated December 16, 2004 and Decree No. 49/2008/NĐ-CP dated April 18, 2008 on quality management for construction works; Decree No. 85/2009/NĐ-CP dated October 21, 2009 of the Government guiding the implementation of the Bidding Law and the selection of contractors under the Law on Construction;

Pursuant to Decision No. 1239/QĐ-BTS dated October 28, 2005 of the Minister of Fisheries (now the Ministry of Agriculture and Rural Development) approving the investment project for construction of the Southern Fisheries Research Institute Branch;

Pursuant to Decision No. 467/QĐ-BTS dated June 2, 2006 of the Minister of Fisheries (now the Ministry of Agriculture and Rural Development) approving the technical design and investment estimate for Phase 1 of the investment project for construction of the Southern Fisheries Research Institute Branch;

Pursuant to Document No. 5466/BNN-KH dated October 1, 2009 of the Ministry of Agriculture and Rural Development regarding supervision and evaluation of investment in the project for construction of the Southern Fisheries Research Institute Branch;

Pursuant to Document No. 5812/BNN-KH dated October 21, 2009 of the Ministry of Agriculture and Rural Development concerning approval for adjustment of the project for construction of the Southern Fisheries Research Institute Branch;

Pursuant to Decision No. 294/QĐ-BNN-TC dated February 10, 2009 of the Ministry of Agriculture and Rural Development approving the final settlement of the infrastructure works package number 1 under the investment project for construction of the Southern Fisheries Research Institute Branch;

Pursuant to Decision No. 1481/QĐ-BNN-TC dated September 17, 2010 of the Ministry of Agriculture and Rural Development approving the final settlement of the equipment transformer and power line works under the investment project for construction of the Southern Fisheries Research Institute Branch;

Considering the Memorandum No. 105/TTr-VHS dated February 14, 2011 of the Institute of Fisheries Research requesting approval for adjustment of the investment project for construction of the Southern Fisheries Research Institute Branch; Document No. 25/KH-TH dated January 17, 2011 of the Planning Department proposing the Institute of Fisheries Research to review and adjust the list of equipment; Document No. 1217/BNN-KHCN dated March 1, 2011 of the Science, Technology and Environment Department reviewing the adjusted equipment list; Report on the result of the preliminary estimate audit of the pile driving test item No. 09 dated February 10, 2009, No. 531/BCTTDT dated December 31, 2009 for the architectural, electrical, air conditioning system installation, lightning protection, anti-thunder, water supply, construction, electrical works of the permanent office building, internal road and garden lighting; No. 05/BCCTTDT-NV dated July 28, 2010 for the aluminum painted static electric doors and windows with iron protective frames of Nam Viet Joint Stock Design and Construction Company; Report on the result of the preliminary estimate audit of the fire protection system - Office Building item No. 02 dated January 14, 2010 of Phan River Management Consulting Company and other accompanying legal documents and files.

At the proposal of the Director of the Construction Management Department along with the Audit Report No. 210/BC-XD-TĐ dated March 14, 2011 and the Director of the Planning Department,

DECISION:

Article 1. Approving the adjustment and supplementation of some contents in Article 1 and replacing the detailed Appendix of Decision No. 1239/QĐ-BTS dated October 28, 2005 of the Minister of Fisheries (now the Ministry of Agriculture and Rural Development) on the Project for Investment in Construction of the Southern Fisheries Research Institute Branch with the following contents:

1. Adjusting Clause 9, 13 of Article 1:

1.1. The adjusted total investment amount: (applying Construction Cost Index No. 813/UBND-VP dated February 5, 2008 of the People's Committee of Ba Ria - Vung Tau Province and the price announcement from 2007 to 2010 of the Finance and Construction Departments of Ba Ria - Vung Tau Province): 64,447,000,000 VND (Sixty-four billion, four hundred forty-seven million VND):

ADJUSTED TOTAL INVESTMENT AMOUNT

Unit of Measurement: (1,000 VND)

(Detailed Appendix attached) 

The approved total investment amount serves as the basis for managing construction investment costs.

1.2. Implementation period of the project: until the end of 2012.

2. Some other contents:

2.1. The investor shall review the additional costs arising from the volume of work already agreed upon by the Ministry, the labor, machinery, and material price escalation costs (as guided by Circulars No. 03/2008/TT-BXD dated January 25, 2008; No. 05/2009/TT-BXD dated April 15, 2009; No. 09/2008/TT-BXD dated April 17, 2008 of the Ministry of Construction) to serve as the basis for adjusting and supplementing contracts, acceptance, and payment according to regulations.

2.2. For the three-phase generator with a capacity of 180 KVA in the Electrical Works Package: according to the tender documents, the contractor must fulfill this obligation.

2.3. Not to include the 1% camp cost in the difference in funding when applying the adjustment of unit prices according to Circulars No. 03/2008, No. 05/2009, No. 09/2008 for completed works and packages (only include the 1% camp cost for works and packages that have not yet been implemented).

2. 4. The President of the Marine Products Research Institute shall organize the review, examination, and approval of amendments to the Construction Design Drawings and the total project budget and newly generated components; re-examine the tender estimate prices for equipment packages before organizing tenders; approve tender invitation documents and the results of selecting contractors for newly generated component packages. During the review and approval process, the Project Owner must comply with current regulations. The decision shall bear the seal of the Project Owner. The Project Owner shall be fully liable under the law and to the Minister for their approval decisions.

2. 5. The President of the Marine Products Research Institute shall prepare a request to adjust the tender plan for submission to the Ministry for consideration and approval.

Article 2. This Decision amends, supplements Clause 9, 13 of Article 1 and replaces the detailed annex in Decision No. 1239/QĐ-BTS dated October 28, 2005 of the Minister of Fisheries (now the Ministry of Agriculture and Rural Development); other contents remain unchanged.

Article 3. Assignment of Tasks

- The Marine Products Research Institute shall perform the function of being the project owner, responsible for managing capital, technical aspects, quality, progress, and closely supervising the implementation process in accordance with current construction regulations.

- The Construction Management Bureau shall perform the state management function in the construction sector, responsible for guiding and inspecting the project owner's organization in managing and implementing the project in accordance with national regulations on investment management and tendering.

- The Planning Department shall perform the function of supervising investments and allocating funds for project implementation according to current regulations.

Article 4. The Head of the Ministry’s Office; Directors of the Departments under the Ministry: Planning, Finance, Science, Technology, and Environment; Director of the Construction Management Bureau; President of the Marine Products Research Institute and Heads of related units according to their assigned functions and tasks shall be responsible for implementing this Decision./.