Chương III Luật Xây dựng 2003: Dự án đầu tư xây dựng công trình

Chapter III

WORK CONSTRUCTION INVESTMENT PROJECTS

Article 35.- Work construction investment projects

1. When investing in work construction, investors shall have to formulate projects for the examination and assessment of their socio-economic efficiency, except for the cases prescribed in Clauses 3 and 5 of this Article. The formulation of work construction investment projects must comply with the provisions of this Law and other relevant law provisions.

2. Work construction investment projects are categorized according to their sizes, natures and investment capital sources. Contents of work construction investment projects shall be elaborated in compatibility with requirements of each type of project.

3. For the following construction works, only economic-technical reports must be elaborated:

a/ Works used for religious purposes;

b/ Small-sized construction works and other works prescribed by the Government.

4. An economic-technical report of a construction work defined in Clause 3 of this Article shall present the necessity of the investment, objectives of the work construction; construction location; size, capacity and grade of the work; funding source(s) for construction of the work; the construction duration; the work efficiency; fire and explosion prevention and fighting; construction designing drawings and work cost estimation.

5. When investing in construction of separate dwelling houses, the work construction investors shall not have to formulate the work construction investment projects and economic-technical reports but shall only have to compile the dossier of application for construction permits, except for works defined at Point d, Clause 1, Article 62 of this Law.

Article 36.- Requirements on work construction investment projects

1. A work construction investment project must satisfy the following principal requirements:

a/ Being in line with the socio-economic development planning, the branch development planning and the construction planning;

b/ Having appropriate designing scheme and technological scheme;

c/ Ensuring safety in the construction, operation, exploitation and use of the work, safety in fire and explosion prevention and fighting and environmental protection;

d/ Ensuring the socio-economic efficiency of the project.

2. For large-sized construction works, before formulating projects, the work construction investors shall have to compile and submit reports on work construction investment to the competent authorities for investment licenses.

The principal contents of a work construction investment report include the necessity of investment, projected investment scale and investment form; analysis and preliminary selection of technologies, preliminary determination of total investment capital, plans for mobilizing capital sources, capability to retrieve invested capital and repay loans; preliminary calculation of the project's investment efficiency in the socio-economic respect.

3. For work construction investment projects funded with the State capital, apart from satisfying the requirements prescribed in Clause 1 of this Article, the determination of construction costs must conform with the economic-technical norms and targets promulgated and guided for implementation by the competent State management agency in charge of construction. For work construction investment projects funded with the official development assistance (ODA) capital, the reciprocal capital must be allocated in time.

Article 37.- Contents of work construction investment projects

Contents of a work construction investment project include:

1. The explanation, which shall be elaborated depending on the type of work construction investment project and include the following principal contents: objectives, location, size, capacity, technology, economic-technical solutions, capital source(s) and total investment capital, investor and project management form, investment form, duration, efficiency, fire and explosion prevention and fighting and environmental impact assessment;

2. The basic design, which shall be made to suit each specific work construction investment project and include the explanation and drawings demonstrating the architectural solutions; size, main structure; site plan, elevation and cross section of the work; technical solutions and construction solutions; technology, equipment and facilities of the work, main category of construction materials used in work construction.

Article 38.- Conditions to be met by organizations and individuals formulating work construction investment projects

1. Organizations which formulate work construction investment projects must meet the following conditions:

a/ Having registered the operation of formulating work construction investment projects;

b/ Having the construction operation capability suitable to the work of formulating work construction investment projects;

c/ Having persons fully capable of practicing the profession of formulating work construction investment projects suitable to the requirements of the work construction investment projects, who can take up the post of project formulation manager; individuals taking part in the project formulation must have practicing capability suitable to each type of work construction investment project.

2. Individuals who independently practice the profession of formulating work construction investment projects must meet the following conditions:

a/ Having registered activities of formulating work construction investment projects;

b/ Having capability to practice the profession of formulating work construction investment projects.

The Government prescribes the scope of activities of formulating work construction investment projects of independent practicing individuals.

Article 39.- Evaluation of, and decision on, investment in work construction investment projects

1. Work construction investment projects, before being decided for investment, must be evaluated according to the Government's regulations.

2. The Prime Minister decides on the investment in projects on construction of national important works after the National Assembly adopts the investment undertaking. The Government prescribes the competence to decide on investment in other work construction investment projects.

3. Organizations and individuals evaluating work construction investment projects shall be held responsible before law for their evaluation results. Persons deciding on investment in work construction shall be held responsible before law for their decisions.

Article 40.- Adjustment of work construction investment projects

1. The already approved work construction investment projects shall be adjusted in one of the following cases:

a/ Natural calamities, enemy sabotage or force majeure circumstances occur;

b/ There appear factors which may bring about higher efficiency;

c/ The construction planning changes.

2. Adjusted contents of work construction investment projects must be permitted by the investment deciders and must be re-evaluated. Persons deciding on adjustment of work construction investment projects shall be held responsible before law for their decisions.

Article 41.- Rights and obligations of work construction investors in the formulation of work construction investment projects

1. Work construction investors shall have the following rights in the formulation of work construction investment projects:

a/ To formulate work construction investment projects by themselves when they satisfy the conditions for doing so;

b/ To negotiate, sign and supervise the performance of contracts;

c/ To request the concerned organizations to supply information and documents in service of the formulation of work construction investment projects;

d/ To suspend the performance of, or terminate contracts when the contractors for project formulation consultancy breach the contracts;

dd/ Other rights provided for by law.

2. Work construction investors shall have the following obligations in the formulation of work construction investment projects:

a/ To hire consultants to formulate projects in cases where they fail to fully satisfy the conditions on capability to formulate work construction investment projects by themselves;

b/ To determine contents of tasks of work construction investment projects;

c/ To supply information and documents related to work construction investment projects to work construction investment project formulation consultants.

d/ To organize the pre-acceptance test, evaluation and approval of work construction investment projects according to their competence or submit them to the competent authorities for evaluation and approval;

dd/ To properly perform the already signed contracts;

e/ To archive dossiers of work construction investment projects;

g/ To make compensations for damage caused by the use of consultants unsuitable to the capability to formulate work construction investment projects or supply of untruthful information; evaluation and pre-acceptance test not in compliance with the regulations and other acts of violation causing damage due to their faults.

h/ Other obligations provided for by law.

Article 42.- Rights and obligations of contractors providing work construction investment project formulation consultancy

1. Contractors providing work construction investment project formulation consultancy shall have the following rights:

a/ To request investors to supply information and documents related to the formulation of work construction investment projects;

b/ To reject unlawful requests of investors;

c/ Other rights provided for by law.

2. Contractors providing work construction investment project formulation consultancy shall have the following obligations:

a/ To undertake to formulate only work construction investment projects suitable to their own construction operation capability;

b/ To perform the jobs strictly according to the signed contracts;

c/ To bear responsibility for the quality of the formulated work construction investment projects;

d/ Not to disclose information and documents related to the formulation of work construction investment projects they have undertaken without permission of the hiring party or the competent persons;

dd/ To make compensations for damage caused by the use of inappropriate information, documents, construction rules and standards, technical solutions and other acts of violation causing damage due to their faults;

e/ Other obligations provided for by law.

Article 43.- Management of expenses for work construction investment projects

1. Expenses for work construction investment projects must be calculated and managed to ensure the efficiency of projects.

2. The management of expenses for work construction investment projects funded with the State capital source must be based on the economic-technical norms and other relevant regulations promulgated by competent State agencies.

3. For work construction investment projects funded with other capital sources, investors and contractors may refer to the provisions of Clause 2 of this Article to sign contracts.

Article 44.- Rights and obligations of persons deciding on the work construction investment

1. Persons deciding on the work construction investment have the following rights:

a/ Not to approve work construction investment projects when the conditions on objectives and efficiency are not met;

b/ To suspend the execution of work construction investment projects which have already been approved or are being executed when they deem it necessary;

c/ To change or adjust objectives and/or contents of work construction investment projects;

d/ Other rights provided for by law.

2. Persons deciding on the work construction investment have the following obligations:

a/ To organize the evaluation and approval of work construction investment projects;

b/ To inspect the execution of work construction investment projects;

c/ To be held responsible before law for contents of their decisions approving work construction investment projects, decisions suspending the execution of work construction investment projects and other decisions issued according to their competence;

d/ Other obligations provided for by law.

Article 45.- Contents and modes of management of work construction investment projects

1. Contents of management of work construction investment projects include the management of quality, volume, progress, labor safety and construction environment.

2. Basing themselves on capability conditions of organizations and individuals, investment deciders and work construction investors shall decide to choose one of the following modes of management of work construction investment projects:

a/ Work construction investors hire organizations to provide consultancy on management of work construction investment projects;

b/ Work construction investors directly manage work construction investment projects.

3. When the mode of direct management of work construction investment projects by the investors mentioned at Point b, Clause 2 of this Article is applied, if the work construction investors set up the project management boards, such boards shall be held responsible before law and answerable to the work construction investors for the performance of their assigned tasks and powers.

4. The Government specifies the contents and modes of management of work construction investment projects, conditions on capability of organizations and individuals managing work construction investment projects.