Chương IX Nghị định 10/2021/NĐ-CP: Điều khoản thi hành

Chapter IX

IMPLEMENTATION

Article 44. Transition clauses

1. For construction investment presented for appraisal before January 1, 2021 according to Law on Construction 2014 without receiving appraisal results of total construction investment before effective date hereof, appraisal affairs shall continue according to Law on Construction 2014 and guiding documents; subsequent management of construction investment cost shall conform to this Decree.

2. Construction investment projects with appraisal results of total construction investment that have not been approved before the effective date of this Decree shall not require another instance of appraisal; subsequent management of construction investment shall conform to this Decree

3. For construction investment projects approved before the effective date of this Decree where none of the tasks in execution phase have been implemented (for cases in which contractors who have not issued bidding documents, requesting documents are required), subsequent management of construction investment shall conform to this Decree.

4. For construction investment projects approved before the effective date hereof where one or several tasks in execution phase are being or have been implemented, subsequent management of construction investment for tasks that have not been implemented is as follows:

a) Details for appraisal and entitlement for appraisal and approval of construction investment shall conform to this Decree and Decree on elaborating to management on construction investment;

b) Determination and management of construction investment (other than those under Point a of this Clause) shall conform to regulation and law on management of construction investment applicable to the projects;

c) Transition of application and reference of construction norms shall conform to Clause 5 of this Article.

5. Construction norms issued by competent agencies shall continue to be applied to determine construction investment according to regulations and law on management of construction investment applicable to projects until norm systems under Points a and b Clause 1 Article 22 of this Decree are issued by competent agencies and come into effect.

6. Construction price and output price index systems issued by competent agencies before the effective date hereof shall continue to be applied to determine construction investment until construction prices and output price index systems are publicized according to Articles 26 and 27 of this Decree. People’s Committees of provinces shall organize update and provide guidelines on using construction unit price when norm systems under Points a and Clause 1 Article 22 of this Decree are issued by competent agencies.

7. Methods of determining construction investment issued before the effective date hereof shall continue to be applied to projects whose tasks in preparation phase are being implemented and projects under Clauses 1, 2, and 3 of this Article until methods under Clause 2 Article 40 of this Decree come into effect.

8. Update of construction investment according to construction norms, construction prices, methods of determining construction prices issued by competent agencies and coming into effect according to this Decree shall be implemented as follows:

a) Total construction investment that has been approved or appraised does not require other instances of appraisal or approval. Investors shall determine construction estimates according to construction norms, construction prices, methods of determining construction investment issued, publicized as per the law;

a) Construction estimates that have been approved or appraised do not require other instances of appraisal or approval.

c) Contract packages that have not issued bidding documents, requesting documents before the date on which construction norms, construction prices, methods of determining construction investment are issued and coming into effect: investors shall update contract package estimates to determine contract package values under approved plans for selecting contracts to serve as the basis for selecting contractors as per bidding laws;

d) For contract packages that have issued bidding documents, requesting documents but have not closed the bidding, investors shall consider and decide on update of contract package estimates to determine contract package values to serve as the basis for selecting contractors as per bidding laws. In case bid is closed: Comply with bidding documents, written request, bid envelop, written suggestion; do not update price of contract packages;

dd) If necessary, investment deciders, investors shall decide on another instance of update, appraisal, approval of total construction investment under Point a of this Clause; construction estimates under Point b of this Clause within their competence;

e) In case another instance of update, determination of total construction investment, construction estimates, contract package value under Points c, d, and dd exceeds approved total construction investment and/or construction estimates, appraisal and approval of revised total construction investment, revised construction estimates shall be implemented as per the law.

Article 45. Organization for implementation

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, heads of political organizations, socio-political organizations, socio-political-occupational organizations and relevant organizations, individuals are responsible for implementation of this Decree.

2. Ministry of Construction shall take charge and cooperate with relevant ministries in being responsible for providing guidelines for implementation of this Decree.

Article 46. Entry into force

This Decree comes into effect from the date of signing and replaces Decree No. 68/2019/ND-CP dated August 14, 2019 of the Government on management of construction investment cost.