Decree No. 83/2009/ND-CP Amending and Supplementing Certain Provisions of Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on Project Management for Construction Investment Projects

DECREE

Regarding amendments and supplements to certain articles of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on project management for construction works

promulgating regulations on cultural activities and the operation of public cultural services Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003 of the National Assembly;

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THE GOVERNMENT

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

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Infrastructure Construction No. 38/2009/QH12 dated June 19, 2009 of the National Assembly;

Amend and supplement certain articles of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on project management for construction works as follows:

Considering the proposal of the Minister of Construction,

DECREE:

Article 1. 1. Add the following at the end of point a, Clause 3, Article 2:

"Article 2. Classification of projects and state management over investment construction projects

3. In addition to the provisions of Clause 2 of this Article, depending on the sources of funds used for the project, the State shall manage according to the following regulations:

a) For projects using state budget funds including component projects, the State manages the entire investment construction process from determining the investment policy, preparing the project, deciding on investment, designing, budgeting, selecting contractors, construction, acceptance, handover, and putting the works into operation. The investor decision-maker is responsible for allocating sufficient funds according to the project implementation schedule, but not exceeding three years for Class C projects, and not exceeding five years for Class B projects."

2. Clause 1 of Article 10 shall be amended and supplemented as follows:

"Article 10. Competence to review investment construction projects

1. The investor decision-maker is responsible for organizing the review of the project before approval. The lead entity for reviewing the project is the specialized unit under the decision-making level. The lead entity for reviewing the project is responsible for sending the project dossier to relevant agencies such as the sectoral management agency, the state management agency on construction, and other related agencies for review. The investor decision-maker may hire consultants to review part or all of the contents stipulated in Clauses 1, 2, and 3 of Article 11 of this Decree.

The time limit for consideration by relevant agencies, starting from the date of receipt of the project dossier, is as follows:

- Not more than 45 working days for national key projects;

- Not more than 20 working days for Class A projects;

- Not more than 15 working days for Class B projects;

- Not more than 10 working days for Class C projects.

If the relevant agencies exceed the above deadlines without providing comments, it will be considered as agreement and they must bear responsibility for their respective areas of management.

For construction projects within urban areas approved by competent state authorities, the investor decision-maker must seek opinions on the basic design from the competent state authority before approving the project. For other projects, seeking opinions on the basic design is decided by the investor decision-maker when deemed necessary.

The lead entity is responsible for sending the project dossier to the specialized construction management agency specified in Clause 6 of this Article for opinions on the basic design. Agencies participating in the opinion on the basic design are entitled to 25% of the project review fee. The Ministry of Finance shall issue guidelines to implement this provision.

For projects that have been delegated or authorized for investment decision-making, the person delegated or authorized to make the investment decision is responsible for organizing the review of the project."

3. Clause 1 and Clause 2 of Article 14 shall be amended and supplemented as follows:

"Article 14. Adjustment of investment construction projects

1. Investment construction projects using 30% or more state capital can be adjusted in any of the following cases:

a) Affected by natural disasters such as earthquakes, typhoons, floods, tidal waves, fires, enemy attacks, or other force majeure events;

c) When the construction planning changes directly affecting the location, scale, or objectives of the project."

b) New factors emerge that bring higher efficiency to the project;

2. When adjusting the project results in changes to its location, scale, or objectives, or exceeds the approved total investment, the project owner must report to the investor decision-maker for a decision; if the adjustment does not change the location, scale, or objectives of the project and does not exceed the approved total investment, the project owner may decide independently. Adjustments to the project must be reviewed before a decision is made.

If the project adjustment is inconsistent with the industry planning or construction planning already approved by the competent state management authority, the opinion of that agency must be sought."

"Article 15. Architectural Design Competition and Selection for Construction Projects

"Article 15. Contents of field trials of genetically modified organisms

1. Large public works with special architectural requirements must be decided by the investor decision-maker to choose between an architectural design competition or selection, including:

a) Public works of Class I and Special Class;

b) Works with special architectural requirements, including:

- Emblematic works, landmark works, works constructed in locations directly impacting the urban landscape or having special requirements such as international border gates, monuments, radio and television centers, central railway stations, airports;

- Works requiring solemn architecture reflecting power such as Party and State headquarters, provincial-level administrative centers and above;

- Urban transportation works with high aesthetic requirements;

- Works symbolizing cultural and historical traditions with particular significance to the locality.

2. For other works not covered by Clause 1 of this Article, the project owner decides independently whether to hold an architectural design competition or selection.

3. Costs for implementing architectural design competitions or selections are included in the total investment of the project.

4. The author of the selected architectural design through a competition or selection is protected by copyright and given priority in negotiating and signing contracts to prepare investment construction projects and designs when the author meets the required qualifications. If the author does not meet the required qualifications, they may form a consortium with a qualified consulting design organization to negotiate and sign contracts with the project owner."

4. The author of the architectural design of the construction project selected through a competition or recruitment shall be protected under copyright and given priority to negotiate and sign contracts to establish investment and construction projects and construction designs when the author of the architectural design meets the prescribed capacity conditions. In cases where the author of the architectural design does not meet the capacity conditions, they may form a consortium with a consultancy organization that meets the capacity conditions to negotiate and sign contracts with the project sponsor.

If the author of the architectural design selected refuses to carry out the project investment construction and building design, the investor shall organize the selection of another contractor in accordance with the provisions of the law.

5. Clause 3 of Article 20 shall be amended and supplemented as follows:

"Article 20. Application for Construction Permit for Construction Projects and Urban Housing

3. Design drawings showing the plan position; cross-sections, main elevations; foundation plan and cross-sections; location or route diagram (for linear projects); system diagrams and technical connection points for electricity supply, water supply, stormwater drainage, wastewater. For repair and renovation projects requiring a Construction Permit, photographs of the current state of the project must also be provided."

6. Clause 1 of Article 23 shall be amended and supplemented as follows:

"Article 23. Competence to Issue Construction Permits.

1. The People's Committee of the province shall issue Construction Permits for special grade, grade I, and grade II construction projects; religious buildings; historical and cultural relics; monumental statues and grand murals within its administrative jurisdiction; construction projects on major urban streets; projects with direct foreign investment; and other construction projects as specified by the People's Committee of the province."

7. Point a of Clause 2 and Clause 4 of Article 36 shall be amended and supplemented as follows:

"Article 36. General Provisions on Qualification Conditions for Organizations and Individuals

2. Organizations and individuals participating in the following areas must meet the qualification conditions:

a) Project investment construction planning; construction valuation;

4. Individuals holding the positions of chief designer, principal designer for specialized design projects; chief designer, principal designer for construction design; chief surveyor for construction; construction site supervision must have a professional practice certificate as prescribed. Individuals involved in project management must have a certificate in project management for construction investment projects."

8. Clause 5 shall be added to Article 57 as follows:

"Article 57. Implementation Organization

5. The Ministry of Planning and Investment shall provide guidance on the conditions and qualifications of organizations and individuals participating in project investment construction planning reviews."

9. Article 4 is repealed.

Article 2. Effective Date

1. This Decree takes effect from December 1, 2009.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.