Chương III Luật Thực hành tiết kiệm, chống lãng phí 2005: Thực hành tiết kiệm, chống lãng phí trong đầu tư xây dựng các dự án sử dụng ngân sách nhà nước, tiền, tài sản nhà nước

Chapter III

THRIFT PRACTICE, WASTE COMBAT IN INVESTMENT IN CONSTRUCTION OF PROJECTS FINANCED BY STATE BUDGET, STATE MONEY OR PROPERTIES

Article 26.- Formation, appraisal and approval of plannings and plans on and list of investment projects

1. The formation, appraisal and approval of socio-economic development plannings, plans; branch or regional development plannings, plans; construction plannings must be in line with the socio-economic development orientations and strategy, the capacity of the economy and ensure efficiency. The approved plannings and plans must be publicized according to the provisions of law.

2. The formation, appraisal and approval of plannings, plans on, and lists of investment projects must be in line with socio-economic development plannings, plans; branch or regional development plannings, plans and construction plannings.

3. Heads of agencies or organizations and persons involved in the formation, appraisal or approval plannings, plans on, and/or lists of investment projects, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall be disciplined.

Article 27.- Formation, appraisal and approval of investment projects

1. The formation, appraisal, approval of investment projects must be in line with socio-economic development plannings, plans; branch and regional development plannings, plans; construction plannings; land use plannings, plans; investment project plannings, plans and lists; comply with construction standards and regulations; suit the capacity to arrange capital sources; secure the balance between materials and raw material sources and production capacity as well as consumption market; achieve socio-economic efficiency and protect the ecological environment.

2. For investment projects, before the investment is decided, the investment capital sources must be clearly determined, ensuring adequate capital for execution of projects as scheduled. It is strictly forbidden to scatter investment capital, leading to the stagnation of construction.

3. Agencies, organizations, heads of agencies or organizations and persons involved in the formation, appraisal or approval of investment projects, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste shall have to pay compensations and be administratively sanctioned or disciplined.

Article 28.- Work construction survey, designing

1. Work construction survey and designing shall comply with the survey and designing process and norms promulgated by competent state bodies.

2. The appraisal and approval of work construction designs must strictly comply with the construction standards and norms promulgated by competent state bodies.

3. Agencies and organizations, heads of agencies or organizations and persons involved in the survey, designing, appraisal or approval of work construction designs, that violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall have to redress the consequences, pay compensations and be administratively sanctioned or disciplined.

Article 29.- Elaboration, appraisal and approval of total estimates, work estimates

1. The elaboration, appraisal and approval of total estimates, work estimates must be based on the construction norms, unit prices and standards promulgated by competent state bodies and must conform with the approved work construction designs. It is strictly forbidden to adjust total work estimates against the law on bidding and relevant legislation.

2. Persons competent to approve total estimates, work estimates, approve the adjusted total work estimates and relevant persons, who violate the provisions of Clause 1 of this Article, thus causing waste, shall be disciplined.

Article 30.- Selection of contractors and supervisory consultancy organizations for execution of investment projects

1. Investment projects must be publicized on the mass media for bid solicitation and bidding must be organized in accordance with bidding law for selection of contractors and supervisory consultancy organizations. The collusion between bid-participating organizations, individuals or between bid-participating organizations, individuals and investors, project owners in the course of bidding is strictly prohibited.

2. Agencies, organizations, heads of agencies or organizations and relevant persons, who violate the provisions of Clause 1 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 31.- Execution of investment projects, construction of works

1. Investment projects shall be executed only after they are approved by competent state bodies and works shall be constructed only after the investment projects are approved and adequate capital sources are ensured according to construction tempo. The approved investment projects which are not included in plannings or plans, fail to satisfy the prescribed conditions or to comply with the investment process and procedures shall be suspended or cancelled.

2. The ground clearance for execution of construction investment projects must ensure the project execution schedule. The compensation, support and resettlement upon recovery of land by the State for execution of construction investment projects must be publicized, objective, fair and lawful. Acts of violating the provisions of law on compensation, support and resettlement upon land recovery by the State and acts of obstructing, causing difficulties to, slowing down the ground clearance are strictly prohibited.

3. The work construction must strictly comply with construction designs, norms and standards and the approved construction schedule. Investors and project owners shall have to inspect and request contractors to observe the construction schedule, to construct works in accordance with designs, to use raw materials and materials according to the set quality standards and technical requirements, ensuring the work quality and construction progress.

4. Consultancy organizations supervising construction shall have to fulfill their commitments to investors and project owners; detect and prevent in time negative acts, causing waste in construction process. They are strictly forbidden to collude with investors, project owners and/or contractors for illicit profits, thus reducing the quality of works.

5. Investors, project owners must test, accept and settle works according to regulations, must not change at their own will the approved designs, work estimates or bid-wining prices.

6. Agencies, organizations, heads of agencies or organizations being assigned to act as investors or project owners and relevant persons, that violate the provisions of Clauses 1, 2, 3, 4 and 5 of this Article, thus causing waste, shall have to pay compensations and administratively sanctioned or disciplined.

Article 32.- Allocation, payment and settlement of capital for investment projects

1. The allocation of capital for investment projects must ensure the schedule, be within the approved total estimates, work estimates or bid-winning prices; the payment of investment capital must strictly comply with the completed volume already accepted; the inspection and supervision of capital use and the verification of work settlement must comply with the provisions on management of investment capital. It is strictly forbidden to advance investment capital from the state budget for projects which have not yet been approved.

2. For investment projects which have already been approved, allocated capital but are slow in starting the construction, the capital must be transferred to other investment projects according to the Government's regulations.

3. Agencies, organizations, heads of agencies or organizations and relevant persons, that allocate, pay or approve the settlement of work construction investment capital in contravention of regulations, fail to ensure adequate capital, thus slowing down the work construction tempo for subjective reasons and causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.

Article 33.- Arrangement of capital sources for execution of investment projects

1. The arrangement of capital sources for execution of investment projects must be compatible with the approved lists of investment projects, the nature, size, tempo and requirements of investment projects and the state budget capability. State budget capital shall be concentrated on investment in socio-economic infrastructure projects and other projects for non-profit purposes.

2. It is strictly forbidden to convert loan capital sources in investment projects into allocated state budget capital sources, except for objective reasons permitted by competent state bodies.

3. Persons deciding on allocation of capital, transfer of capital of investment projects and relevant persons, who violate the provisions of Clauses 1 and 2 of this Article, thus causing waste, shall be disciplined.

Article 34.- Organization of ground-breaking ceremonies, construction- starting ceremonies, inaugural ceremonies for construction works

1. The use of state budget funding for organization of ground-breaking ceremonies, construction-starting ceremonies and inaugural ceremonies shall be effected only for the following works:

a) Important national works;

b) Local works of economically, politically, culturally, socially important significance.

2. The Prime Minister shall decide on the organization of ground-breaking ceremonies, construction-starting ceremonies, inaugural ceremonies for works defined at Point a, Clause 1 of this Article and stipulate the organization of ground-breaking ceremonies, construction-starting ceremonies, inaugural ceremonies for works defined at Point b, Clause 1 of this Article.

3. It is strictly forbidden to use state budget funding for organization of ground-breaking ceremonies, construction-starting ceremonies, inaugural ceremonies for works other than those specified in Clause 1 of this Article.

4. Agencies, organizations, heads of agencies or organizations and relevant persons, that violate the provisions of Clauses 1 and 3 of this Article, thus causing waste, shall have to pay compensations and be administratively sanctioned or disciplined.