Decree No. 71/2005/NĐ-CP On Management of Investment in Construction of Special Projects

DECREE OF THE GOVERNMENT

On the management of investment construction for special projects

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

At the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the management of investment construction for state secrets projects, emergency construction projects, and temporary construction projects (hereinafter referred to as special projects).

2. The management of investment construction for special projects must comply with the provisions of this Decree and other relevant provisions in Government Decree No. 16/2005/NĐ-CP dated February 7, 2005.

Article 2. Types of special projects

1. State secrets projects are construction projects in fields such as national defense, security, economy, science, technology, and other fields listed in the state secrets directory, decided by competent state agencies according to the laws on state secrets.

2. Emergency construction projects are projects that must be constructed and completed promptly to prevent and combat natural disasters and enemy threats, to curb and limit damage, and to meet the requirements of emergency orders issued by authorized persons under the laws on emergency situations, urgent situations, and other related laws.

3. Temporary projects include:

a) Temporary projects serving the construction of main projects are those built by the project owner or construction contractor on the construction site, including office buildings, accommodation for staff at the construction site, warehouses, on-site production facilities serving construction, construction water diversion works, construction roads, technical infrastructure works, and other service works supporting the construction site's operations;

b) Individual houses constructed under temporary building permits in areas with approved detailed urban planning but where land clearance has not yet been implemented.

Article 3. Prohibited acts

It is strictly prohibited to apply the management mechanism for investment construction of special projects to projects that do not meet the conditions of being special projects as defined in Article 2 of this Decree. Violators will be dealt with according to the law.

Chapter II

STATE SECRETS PROJECTS

Article 4. Planning for Construction of State Secrets Projects

1. The Government shall uniformly manage and direct the development of plans and master plans for national and local socio-economic development, industries, in conjunction with the construction and protection of state secrets projects.

2. The planning for construction of national defense projects and military zones shall be established by the Ministry of National Defense and submitted to the Prime Minister for approval in accordance with the Ordinance on Protection of National Defense Works and Military Zones.

3. The planning for construction of security projects and security areas shall be established by the Ministry of Public Security and submitted to the Prime Minister for approval in accordance with the Ordinance on People's Security Forces.

4. Industries that form networks of state secrets projects within the country and provinces (provincial level) that establish systems of state secrets projects need to develop plans for constructing state secrets projects, coordinate with the Ministry of Public Security to assess the degree of secrecy before submitting to the Prime Minister for approval to guide investment and development projects according to the plan. In cases where only individual projects are invested in without a systemic network, it is not necessary to develop plans for constructing state secrets projects.

Article 5. Preparation of Investment Report for State Secrets Construction Projects and Application for Investment Permission

1. Based on the list of state secrets issued by authorized authorities, the Minister, the Chairman of the People's Committee of the province, the person responsible, or the person authorized according to the Law on Protection of State Secrets shall organize the preparation of the Investment Report for construction projects, submit it to the Prime Minister for consideration and permission to invest in the project, and decide on the person managing and implementing the construction of state secret projects.

For state secret projects not included in the lists of state secrets already issued by authorized authorities, there must be a review opinion from the Ministry of Public Security regarding the level of secrecy before submitting to the Prime Minister for consideration and permission to invest. Specifically, for state defense secret projects, the authority to prepare investment reports for construction projects and grant permission to invest shall be carried out according to the classification provided for in the Ordinance on Protection of Defense Construction Projects and Military Areas.

2. The contents of the Investment Report for construction projects, in addition to those prescribed in Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on management of investment projects for construction works, must also include the following:

a) The level of secrecy of the project.

b) Proposals for the person assigned to manage and implement the construction of state secret projects in accordance with the State Budget Law to perform the functions of the investor and some functions of the state management agency as stipulated in this Decree.

c) The mechanism for state control according to the secrecy requirements of the project.

Article 6. Preparation, Review, Approval, and Adjustment of Investment Projects for Construction of State Secret Projects

1. Preparation of investment projects for construction of state secret projects:

a) Investment projects for construction of state secret projects in the field of national defense and security shall be prepared in accordance with approved national defense and security construction plans.

b) Investment projects for construction of state secret projects in other fields of sectors and localities shall be prepared in accordance with approved state secret construction plans (if any) or sector and locality construction plans. In cases where there is no approved plan, a detailed explanation must be provided in the Investment Report for construction projects to be considered by the Prime Minister for permission to invest.

c) Investment projects for construction of state secret projects shall be coded with project names and information that must be kept secret and declassified according to the provisions of the Law on Protection of State Secrets.

2. The person assigned by the Prime Minister to manage and implement the construction of state secret projects as the investor shall be responsible for organizing the preparation, review, approval, and adjustment of projects in accordance with the content permitted by the Prime Minister for investment, including the basic design of state secret projects. If necessary, other organizations and individuals may be mobilized to participate in certain tasks of preparing and reviewing the project, but they must ensure the requirements of state secrecy.

Article 7. Surveying and Design of Construction Projects

1. The person assigned to manage and implement investment projects for construction of state secret projects shall base on the nature and scale of the project to decide on the number of design stages, organize surveying, designing, reviewing, approving designs and construction budgets.

2. Survey and design files shall be coded on the survey report and on the design drawings.

Article 8. Requirements for construction sites

1. At the construction site of state secret works, there is no requirement to have signs as prescribed for other construction works.

2. Persons participating in the construction of works must have personal backgrounds suitable for the responsibilities of their assigned tasks and be subject to control when entering and exiting the construction site.

3. The person entrusted with managing and implementing the construction of state secret works must establish Regulations to protect the construction site according to confidentiality regulations throughout the construction period.

Article 9. Management of investment projects for construction works

1. Depending on the nature, scale, and level of secrecy of the project, the person entrusted with managing and implementing the construction work shall establish a Project Management Board meeting the conditions of capacity as prescribed to manage and implement the project.

2. The person entrusted with managing and implementing the project shall designate organizations or individuals with sufficient capacity and trustworthiness to carry out tasks related to the investment project for constructing state secret works and shall be responsible for their decisions.

3. Contents regarding the management of construction quality of works shall be implemented in accordance with Decree No. 209/2004/ND-CP dated December 16, 2004, of the Government on construction quality management. Supervision and acceptance of construction quality shall be organized by the person entrusted with management, without establishing a national acceptance board.

In case of incidents occurring during the implementation of the project, the person entrusted with management shall directly resolve and handle them or report to the authority with jurisdiction as stipulated in Clause 1, Article 5 of this Decree for handling. The procedures for resolving and forms of handling incidents of works shall be carried out in accordance with Decree No. 209/2004/ND-CP dated December 16, 2004, of the Government on construction quality management.

4. After accepting the completed works for use, the person entrusted with managing and implementing the construction of state secret works shall be responsible for:

a) Reporting to the Prime Minister about the completion of the works.

b) Storing, managing, and utilizing project and work files in accordance with laws on protecting state secrets.

c) Operating, guaranteeing, and maintaining the works in accordance with current regulations and principles for protecting secret works.

5. The person entrusted with managing and implementing the construction of state secret works shall be accountable to the Prime Minister and the authority with jurisdiction as stipulated in this Decree.

6. Inspection and supervision of state secret works shall be carried out according to the decision of the Prime Minister.

Article 10. Management of project costs for investment in construction works

1. Management of project costs for investment in construction works shall be implemented in accordance with the provisions of Decree No. 16/2005/ND-CP dated February 7, 2005, of the Government on project management for investment in construction works.

2. In cases where the State has not yet established unit prices for special works, the person entrusted with managing and implementing the project may organize the establishment of unit prices to submit for examination and approval by the Minister or the Chairman of the provincial People's Committee directly managing the project. The person approving the unit price shall be responsible for their decision.

3. Management, payment, and final settlement of capital investment in state secret works shall be carried out in accordance with the guidance of the Ministry of Finance.

Chapter III

URGENT CONSTRUCTION WORKS

Article 11. Person Authorized to Decide on Construction of Emergency Works

1. The person authorized to decide on construction of emergency works is the person authorized to declare a state of emergency, decide on emergency situations, and decide on emergency measures prescribed in the Ordinance on State of Emergency, the Ordinance on Dike Regulation, the Ordinance on Flood and Storm Prevention and Response, and other relevant laws.

2. The content of the decision on construction of emergency works includes: identifying the person assigned to manage and implement the construction of emergency works; construction tasks; requirements for the works; mobilized resources; payment and compensation principles consistent with the law on states of emergency and emergency situations.

Article 12. Person Assigned to Manage and Implement Construction of Emergency Works

1. The person assigned to manage and implement construction of emergency works is the head of the specialized management agency corresponding to the emergency construction work.

2. The person assigned to manage and implement construction of emergency works has the authority to decide all matters in construction activities to organize the implementation of construction works and must be responsible for their decisions.

Article 13. Construction of Works

1. When constructing works under an emergency order, typical designs, model designs, prefabricated components and modules, or readily available materials must be used. In cases where these are not available or cannot be applied, design and construction can be carried out concurrently.

2. The location and land for constructing emergency works shall be decided by the provincial People's Committee where the emergency requirement exists.

3. The person assigned to manage and implement construction of works may organize activities such as design review and approval; construction supervision; project acceptance; direct management and responsibility for progress and quality of the works.

4. Depending on the nature, function, and usability, the works may be put into use immediately upon completion of individual parts or sections, or the entire work. Completed works must be handed over to the user management party.

5. If the construction of works under an emergency order is also classified as a state secret work, the construction of works shall be managed and implemented according to the provisions of this Chapter and meet the requirements for confidentiality as stipulated in Chapter II of this Decree.

Article 14. Implementation of Tasks After the Emergency Period

After the expiration of the emergency period, the person assigned to construct the works must carry out the following tasks:

1. Re-inspect and re-evaluate the quality of the constructed works and implement warranty for the works.

2. Restore and archive completion records and documents in accordance with the law on construction.

3. Finalize accounts for the works in accordance with the guidelines of the Ministry of Finance.

4. Hand over the works to the user management party.

5. Propose solutions to continue completing the works to ensure compliance with construction standards. The completion solution must be submitted to the authorized decision-maker in accordance with the procedures, formalities, and contents prescribed in Government Decree No. 16/2005/NĐ-CP dated February 7, 2005, on project management for investment in construction works.

6. The user management party must develop a plan for managing and using the works or demolishing the works to restore the site if the emergency construction works do not comply with the construction planning. Before demolishing the works, the person assigned to manage and use the works must report to the authorized party on the demolition solutions, costs, and material recovery methods.

Article 15. Management of capital for construction investment projects

The management, settlement, and final accounting of capital for urgent construction investment projects shall be carried out in accordance with the guidelines of the Ministry of Finance, suitable to various sources of capital.

Chapter IV

TEMPORARY WORKS

Section 1

TEMPORARY WORKS FOR CONSTRUCTION PURPOSES

MAIN CONSTRUCTION PROJECT

Article 16. General layout plan of the construction site

1. The general layout plan of the construction site is a drawing that arranges the main construction project, ancillary components, and temporary works to serve the construction of the main project.

2. The general layout plan of the construction site shall be prepared by the investor when establishing the investment project for construction or by the construction contractor but must be approved by the investor.

In cases where the general layout plan includes parts located outside the boundaries of the allocated land plot, the general layout plan of the construction site must be approved in writing by the competent authority of the locality responsible for planning and land use with the following contents:

- Approval of the construction site layout plan.

- Principles for allocating and using temporary land outside the project boundary.

- Sources of technical infrastructure to be used for the construction site.

- Requirements related to the environment, safety, and security.

3. During the construction process, if temporary works are established outside the boundaries of the allocated land plot and have not been previously approved, the investor must request additional approval for the use of temporary land and must obtain approval from the competent authority according to the provisions of Clause 2 of this Article.

4. In cases where construction follows a route and temporary works are scattered along the route and outside the project boundary, it is only necessary to establish requirements for land use and apply for temporary land use permission from the local competent authority through which the project passes without having to prepare a general layout plan of the construction site as stipulated in Clauses 1 and 2 of this Article.

5. Temporary works already shown in the general layout plan of the construction site or on land temporarily agreed upon by the competent authority may be constructed based on construction drawings without requiring a construction permit. The design of temporary works must ensure safety, durability, fire prevention, explosion protection, and environmental sanitation appropriate to their function and duration of use.

Article 17. Temporary works of the investor

1. Temporary works of the investor must be determined in the construction investment project and a basic design must be prepared in accordance with the regulations.

2. Construction costs and demolition costs (if applicable) of temporary works shall be included in the total investment cost of the project in accordance with the regulations.

Article 18. Temporary works of the contractor

1. Temporary works of the contractor shall be determined by the contractor based on their organization and implementation methods on the construction site, consistent with the general layout plan of the construction site or the requirements for construction along the route.

2. Depending on the duration of use, the contractor decides on the scale of the temporary works accordingly. The design is carried out in one step, which is the construction drawing design.

3. Construction costs and demolition costs (if applicable) of temporary works shall be included in the price of the construction contract for the main project.

Section 2

TEMPORARY WORKS NOT COMPLYING

WITH APPROVED URBAN PLANNING

Article 19. Issuance of temporary construction permit

When constructing projects or individual houses that are not in accordance with approved and published construction plans but have not yet completed land clearance, the investor must apply for a temporary construction permit in accordance with the provisions of Government Decree No. 16/2005/NĐ-CP dated February 7, 2005 on project management for construction works.

Article 20. Requirements for Temporary Construction Works

1. Temporary construction works may only exist for the duration specified in the temporary construction permit. Upon expiration of this period, the owner of the work must dismantle it themselves. In cases where they fail to do so voluntarily, competent authorities are permitted to forcibly dismantle the work; the owner shall bear all costs associated with the enforcement of such forced demolition.

2. Depending on the permissible existence period of the work, the investor shall determine the scale of construction accordingly.

3. For construction works that are not individual houses, there is no requirement to establish a construction investment project, but only a technical and economic report needs to be prepared for review and approval in accordance with regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 21. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette.

Article 22. Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, leaders of political organizations, political-social organizations, and related organizations are responsible for implementing this Decree./.