Decision No. 541/1997/QD-BXD on amending certain Articles of the Regulation on the establishment, examination, and approval of construction project designs issued together with Decision No. 497/BXD-GD dated September 18, 1996.

Pursuant to …;

REGARDING AMENDMENTS TO CERTAIN ARTICLES OF THE REGULATIONS ON THE ESTABLISHMENT, REVIEW AND APPROVAL OF CONSTRUCTION PROJECT DESIGNS ISSUED TOGETHER WITH DECISION NO. 497/BXD
ON SEPTEMBER 18, 1996

THE MINISTER OF CONSTRUCTION

- BASED ON GOVERNMENT DECREE NO. 15/CP OF MARCH 4, 1994, PROVIDING THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF CONSTRUCTION;

- BASED ON GOVERNMENT DECREE NO. 42/CP OF JULY 16, 1996, ISSUING THE REGULATIONS ON INVESTMENT MANAGEMENT AND CONSTRUCTION;

- BASED ON GOVERNMENT DECREE NO. 92/CP OF AUGUST 23, 1997, AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE REGULATIONS ON INVESTMENT MANAGEMENT AND CONSTRUCTION ISSUED TOGETHER WITH GOVERNMENT DECREE NO. 42/CP OF JULY 16, 1996;

- AT THE RECOMMENDATION OF THE DIRECTOR OF THE NATIONAL QUALITY CONTROL COUNCIL FOR CONSTRUCTION PROJECTS;

Pursuant to …;

Article 1. THIS DECISION ENACTS CERTAIN AMENDED AND SUPPLEMENTED PROVISIONS OF THE REGULATIONS ON THE ESTABLISHMENT, REVIEW AND APPROVAL OF CONSTRUCTION PROJECT DESIGNS ISSUED TOGETHER WITH DECISION NO. 497/BXD-GĐ OF SEPTEMBER 18, 1996 OF THE MINISTER OF CONSTRUCTION.

Article 2. THIS DECISION SHALL BE UNIFORMLY IMPLEMENTED ACROSS THE COUNTRY AND SHALL TAKE EFFECT 15 DAYS AFTER ITS DATE OF ISSUE.

Article 3. MINISTRIES, GOVERNMENT-AFFILIATED MINISTRIES, GOVERNMENT-AFFILIATED BODIES, PEOPLE'S COMMITTEES OF PROVINCES AND MUNICIPALITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT SHALL BE RESPONSIBLE FOR ORGANIZING AND GUIDING THE IMPLEMENTATION OF THIS DECISION.

CERTAIN AMENDED AND SUPPLEMENTED PROVISIONS

OF THE REGULATIONS ON THE ESTABLISHMENT, REVIEW AND APPROVAL OF CONSTRUCTION PROJECT DESIGNS ISSUED TOGETHER WITH DECISION NO. 497/BXD-GĐ OF SEPTEMBER 18, 1996 OF THE MINISTER OF CONSTRUCTION

(ISSUED TOGETHER WITH DECISION NO. 541/1997/QĐ-BXD OF NOVEMBER 22, 1997)
of the Minister of Construction)

Article 15. TECHNICAL DESIGN REVIEW OF CONSTRUCTION PROJECTS BELONGING TO GROUP A INVESTMENT PROJECTS USING STATE FUNDS:

NOW AMENDED AND SUPPLEMENTED AS FOLLOWS:

IF THE PROJECT (OR TENDER PACKAGE) IS DESIGNATED FOR TENDERING, THE HEAD OF THE MINISTRY MANAGING THE SECTOR SHALL APPROVE THE TECHNICAL DESIGN AND TOTAL ESTIMATE (OR DETAILED ESTIMATE IF THE TOTAL ESTIMATE HAS NOT BEEN COMPLETED) AFTER IT HAS BEEN REVIEWED BY THE SPECIALIZED AUTHORITY ON TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN AND THE MINISTRY OF CONSTRUCTION ON TOTAL ESTIMATE (OR DETAILED ESTIMATE). IF THE PROJECT (OR TENDER PACKAGE) MUST BE ORGANIZED FOR TENDERING, THE SECTOR-MANAGING MINISTRY SHALL APPROVE THE TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN AFTER IT HAS BEEN REVIEWED BY THE SPECIALIZED AUTHORITY ON TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN.

Article 16. NOW AMENDED AND SUPPLEMENTED AS FOLLOWS:

TECHNICAL DESIGN REVIEW OF CONSTRUCTION PROJECTS BELONGING TO GROUP B AND C INVESTMENT PROJECTS USING STATE FUNDS:

THE INVESTMENT DECISION MAKER SHALL APPROVE THE TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN AFTER IT HAS BEEN REVIEWED BY THE SPECIALIZED AUTHORITY ON TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN.

IF THE PROJECT (OR TENDER PACKAGE) IS DESIGNATED FOR TENDERING, THE INVESTMENT DECISION MAKER MUST APPROVE THE TOTAL ESTIMATE (OR DETAILED ESTIMATE IF THE TOTAL ESTIMATE HAS NOT BEEN COMPLETED) OF THE PROJECT AFTER IT HAS BEEN REVIEWED BY THE CONSTRUCTION MANAGEMENT AUTHORITY.

THE REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH THE JOINT CIRCULAR OF THE MINISTRY OF CONSTRUCTION, THE PLANNING AND INVESTMENT MINISTRY, AND THE FINANCE MINISTRY "GUIDELINES FOR IMPLEMENTING THE REGULATIONS ON INVESTMENT MANAGEMENT AND CONSTRUCTION ISSUED TOGETHER WITH GOVERNMENT DECREE NO. 42/CP OF JULY 16, 1996 AND GOVERNMENT DECREE NO. 92/CP OF AUGUST 23, 1997."

Article 25. THE APPROVAL OF TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN AND TOTAL ESTIMATE IS AS FOLLOWS:

NOW ABOLISHING POINT 1.3 AND AMENDING AND SUPPLEMENTING POINT 1 AS FOLLOWS:

1. FOR CONSTRUCTION PROJECTS BELONGING TO INVESTMENT PROJECTS USING STATE FUNDS:

1.1. GROUP A PROJECTS:

- THE HEAD OF THE SECTOR-MANAGING MINISTRY SHALL APPROVE THE TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN AND TOTAL ESTIMATE (OR DETAILED ESTIMATE IF THE TOTAL ESTIMATE HAS NOT BEEN COMPLETED) OF THE PROJECT (OR TENDER PACKAGE) DESIGNATED FOR TENDERING.

- THE SECTOR-MANAGING MINISTRY SHALL APPROVE THE TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN OF THE PROJECT (OR TENDER PACKAGE) THAT MUST BE ORGANIZED FOR TENDERING.

1.2. GROUP B AND C PROJECTS:

- THE INVESTMENT DECISION MAKER SHALL APPROVE THE TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN.

- IF THE PROJECT (OR TENDER PACKAGE) IS DESIGNATED FOR TENDERING, THE INVESTMENT DECISION MAKER SHALL APPROVE THE TOTAL ESTIMATE (OR DETAILED ESTIMATE IF THE TOTAL ESTIMATE HAS NOT BEEN COMPLETED) OF THE PROJECT.

Article 27. THE APPROVAL PERIOD FOR TECHNICAL DESIGN STARTS FROM THE DATE OF RECEIVING COMPLETE DOCUMENTS AS STATED IN ARTICLE 23.

NOW ADDING TO THE END OF ARTICLE 27 AS FOLLOWS:

IN CASE OF MODIFICATIONS AND SUPPLEMENTS TO ARCHITECTURAL, URBAN PLANNING, AND MAIN STRUCTURAL DESIGN THAT HAVE BEEN APPROVED BY THE COMPETENT AUTHORITY, THE INVESTOR MAY ONLY IMPLEMENT AFTER OBTAINING APPROVAL FROM THE COMPETENT AUTHORITY FOR TECHNICAL DESIGN OR TECHNICAL CONSTRUCTION DESIGN.

Article 28. THE APPROVAL DOCUMENTS FOR TECHNICAL DESIGN AND TECHNICAL CONSTRUCTION DESIGN AND TOTAL ESTIMATE OF CONSTRUCTION PROJECTS MUST BE SENT TO THE FOLLOWING AUTHORITIES FOR SUPERVISION AND MANAGEMENT:

NOW AMENDED AND SUPPLEMENTED AS FOLLOWS:

1. FOR CONSTRUCTION PROJECTS BELONGING TO INVESTMENT PROJECTS USING STATE FUNDS:

1.1. GROUP A PROJECTS:

- PROJECT (OR TENDER PACKAGE) DESIGNATED FOR TENDERING: THE GOVERNMENT OFFICE, THE PLANNING AND INVESTMENT MINISTRY, THE SECTOR-MANAGING MINISTRY, THE MINISTRY OF CONSTRUCTION, THE MINISTRY OF FINANCE, THE PEOPLE'S COMMITTEE OF THE PROVINCE OR MUNICIPALITY DIRECTLY UNDER THE CENTRAL GOVERNMENT WHERE THE PROJECT IS LOCATED.

- PROJECT (OR TENDER PACKAGE) THAT MUST BE ORGANIZED FOR TENDERING: THE SECTOR-MANAGING MINISTRY SHALL SEND ONE SET OF APPROVED TECHNICAL DESIGN DOCUMENTS AND THE APPROVAL DOCUMENT FOR TENDER RESULTS TO THE MINISTRY OF CONSTRUCTION FOR MONITORING AND RECOMMENDING ACTION WHEN NECESSARY. ADDITIONALLY, THE SECTOR-MANAGING MINISTRY SHALL SEND THE APPROVAL DOCUMENT FOR TECHNICAL DESIGN AND TENDER RESULTS TO THE FOLLOWING AUTHORITIES: THE GOVERNMENT OFFICE, THE PLANNING AND INVESTMENT MINISTRY, THE MINISTRY OF FINANCE, THE PEOPLE'S COMMITTEE OF THE PROVINCE OR MUNICIPALITY DIRECTLY UNDER THE CENTRAL GOVERNMENT WHERE THE PROJECT IS LOCATED.

1.2. GROUP B AND C PROJECTS: THE PLAN AND FINANCE DEPARTMENT AT THE SAME LEVEL, THE PEOPLE'S COMMITTEE OF THE PROVINCE OR MUNICIPALITY DIRECTLY UNDER THE CENTRAL GOVERNMENT WHERE THE PROJECT IS LOCATED, THE CONSTRUCTION DEPARTMENT, THE SPECIALIZED CONSTRUCTION MANAGEMENT DEPARTMENT (FOR SPECIALIZED PROJECTS), AND THE CONSTRUCTION LICENSE GRANTING AUTHORITY.

2. FOR CONSTRUCTION PROJECTS BELONGING TO INVESTMENT PROJECTS NOT USING STATE FUNDS: THE PEOPLE'S COMMITTEE OF THE PROVINCE OR MUNICIPALITY DIRECTLY UNDER THE CENTRAL GOVERNMENT WHERE THE PROJECT IS LOCATED, THE CONSTRUCTION DEPARTMENT, THE SPECIALIZED CONSTRUCTION MANAGEMENT DEPARTMENT (FOR SPECIALIZED PROJECTS), AND THE CONSTRUCTION LICENSE GRANTING AUTHORITY.