Chapter V
MANAGEMENT AND OPERATION OF PROJECT ON INFORMATION TECHNOLOGY APPLICATION
Article 55. Forms of project management
1. Based on capacity conditions of entities, requirements on project on IT application, the investment decision maker shall choose one of the following forms of project management:
a) Recruit project management and consultancy organization if the main investor cannot meet capacity requirements;
b) The main investor is authorized to directly manage the project if the main investor can meet all capacity requirements.
2. If the main investor directly manages the project, a project management board is established to carry out the project management.
As for simple and small-scale projects whose total investment is under VND 10 billion, the main investor shall not establish the project management board. The main investor shall authorize a specialized unit to manage the project or contract specialist to support the project management.
3. If the main investor recruits a project management and consultancy organization, responsibilities and rights of such organization shall be performed according to the contract signed by and between the two parties. The project management and consultancy organization must meet capacity requirements as regulated in this Decree.
The main investor shall assign its specialized unit to inspect and monitor the performance of the signed contract of the project management and consultancy organization.
4. The Ministry of Information and Communications shall provide detailed guidance on forms of project management and stipulate the project management costs after reaching agreements with the Ministry of Finance.
Article 56. Responsibilities for project management of the main investor
1. The main investor shall bear responsibility for managing and performing the project, executing duties and rights from the investment preparation and investment performance till finalization of investment. The main investor shall bear responsibility for carrying out the acceptance and transfer of project's products for use, ensuring the efficiency and feasibility of project, complying with the laws. The main investor shall also bear responsibility for the works performed by the assigned project management board or project management and consultancy organization according to the signed contract.
2. In case the main investor directly mange the project, the main investor must assign at least one head of the unit in charge of carrying out the project management to perform the project management and specialized units of the main investor to provide advice to the assigned head to carry out duties and rights of the main investor, and monitor, inspect and expedite the project management board to perform assigned duties and rights.
3. In case the main investor enters into the contract with a project management and consultancy organization, the main investor must assign at least one head of the unit in charge of carrying out the project management to perform the project management and specialized units of the main investor to provide advice to the assigned head to carry out duties and rights of the main investor, and monitor and inspect the performance of the contract signed with the project management and consultancy organization for the purpose of ensuring that the project shall be performed according to approved contents, progress with high quality and efficiency.
Article 57. Duties, powers of the main investor and the project management board, if established
1. Duties, powers of the main investor:
a) Assign duties and grant powers to the project management board in the following principles: Suitability for actual conditions of the main investor and project’s requirements; responsibilities of the main investor and the project management board must be clearly determined; give great powers to the project management board to ensure that duties must go together with powers for the purpose of minimizing administrative procedures between the main investor and the project management board;
Assignment of duties and powers to the project management board must be specified in the decision on establishment of the project management board, letters of assignment and authorization of the main investor.
The main investor must directly carry out certain duties and powers as follows: approve construction design, and cost estimate and total cost estimate; adjust construction design, and cost estimate and total cost estimate; submit for approval for adjusted preliminary design; inspect and approve certain important contracts before they are delivered to the project management board; carry out the acceptance of project’s products for putting into use. In special cases, the main investor may authorize the project management board to execute the aforesaid duties and rights provided that such authorization must be reported to the investment decision maker to make consideration and decision.
b) If the main investor is not the manager and user of project’s products, the manager and user of project’s products shall assign an individual to participate in project management together with the main investor from the investment preparation till finalization of investment, including receiving and putting project’s products into use;
The individual who is assigned by the manager and user of project’s products shall participate in the project management board and be appointed to hold the position of Deputy Director of the project management board. Such individual must not meet all requirements on professional skills and experience as regulated in Clause 3 of this article but he must attend the professional training courses for management and investment in IT application (project establishment and project management subjects).
c) The main investor can assign one project management board to manage many projects if all capacity requirements have been satisfied and such assignment has been approved by the investment decision maker.
2. Duties, powers of the project management board:
a) Perform duties and powers assigned and granted by the main investor. The project management board shall bear responsibility before the main investor and legal liabilities within scope of assigned duties and authorized powers;
b) Carry out procedures and perform other works for project performance;
c) Carry out the establishment and preparation of documents concerning construction design, cost estimate and total cost estimate, and then submit them to the main investor for appraisal and approval as regulated;
d) Establish required documents (such as bidding documents) and select contractors;
dd) Negotiate and enter into contracts with qualified contractors according to the main investor’s authorization;
e) Perform the construction supervision job if all capacity requirements have been satisfied;
g) Carry out acceptance, payments and accounting according to signed contracts;
h) Manage quality, workload, progress, performance costs, requirements on fire prevention and fighting, operational safety and industrial cleaning at the construction site;
i) Carry out the acceptance and transfer of project’s products;
k) Prepare reports on investment supervision and assessment and accounting report when the project has been finished and put into operation and use;
l) The project management board shall not establish its affiliated project management boards or income-generating administrative units to be in charge of project management;
m) If the project management board is assigned to manage many projects, each project shall be separately managed, monitored and recorded. Upon the project completion, the project management board must carry out accounting in a timely manner as regulated;
n) In case of need, the project management board may recruit qualified entities to manage and supervise certain works in which the project management board cannot meet capacity requirements for performance provided that such cooperation must be approved by the main investor. The costs for contracting such entities in this case shall be aggregated in the investment consultancy costs of the total investment and total cost estimate of relevant project.
o) The project management board may enter into contracts with qualified foreign consultants to perform the works which cannot be performed by domestic consultants or to meet other special requirements. Entering into contracts with foreign consultants must be approved by the investment decision maker.
3. Organizational structure of the project management board includes director, deputy directors, specialized units; participants in the project management board may perform specialized or concurrent works.
Director, deputy directors and individuals in charge of information technology, economics, and finance must possess university’s qualifications in corresponding majors, have at least 3 years of experience in relevant specialized sectors and attended professional training courses for management and investment in IT application (project establishment and project management subjects). As for group-C projects in remote areas, the aforesaid positions may be assigned to the individuals who possess college or vocational education qualifications in corresponding majors.
Article 58. Transformation or re-organization of redundant project management boards
1. Ministries, ministerial-level agencies and people’s committees at all levels shall base on actual number of projects on IT application in which they are acting as the main investors, and orientations and plans for IT application of the following year to make decisions on transformation or re-organization of the project management boards according to one of the following plans:
a) In case ministries, regulatory bodies and local governments only have some projects resulting in the redundancy of project management boards, such project management boards must be re-arranged or re-organized in conformity with actual requirements; the project management boards that are in charge of managing in-progress projects or shall be in charge of managing projects in which the investment has been decided with the project management directly performed by the main investors shall be kept alive; it is prevented project management boards from waiting for projects;
Idle project management boards may be transformed into professional project management and consultancy enterprises to support the main investors in managing projects through contracts signed with the main investors. Based on actual conditions, ministries, regulatory bodies and local governments direct the establishment of project management and consultancy enterprises on the grounds of transformation of one project management board or consolidation of some project management boards for meeting capacity requirements on project management as regulated.
If the project management boards cannot be re-organized or transformed according to the aforesaid plans, ministries, regulatory bodies and local governments shall make dissolution decisions. Unsolved issues of previous projects as well as rights and benefits of members of relevant project management boards must be settled definitively.
b) In case project management boards want to be transformed into consultancy enterprises to use and promote their every existing professional capacity and experience, ministries, regulatory bodies and local governments shall grant decisions and facilitate such project management boards in transforming into professional project management and consultancy enterprises provided that such transformation shall not interrupt the project management.
Article 59. Duties and powers of main investor and project management and consultancy organization that is contracted by the main investor
1. The main investor shall select and enter into contract with qualified project management and consultancy organization to support the main investor in performing the project management.
2. Organizational structure of a project management and consultancy organization includes a director in charge of project management and consultancy, deputy directors and specialized divisions in conformity with duties and rights defined in the contract signed with the main investor.
Director in charge of project management and consultancy must meet capacity requirements as regulated. Deputy directors and individuals in charge of specialized works must possess university’s qualifications in corresponding majors and have at least 3 years of experience in relevant specialized sectors.
3. Project management and consultancy organization can contract qualified and experienced entities to perform certain works of project management provided that such contract must be approved by the main investor and in conformity with duties and rights defined in the contract signed by the project management and consultancy organization with the main investor.
4. The project management and consultancy organization must bear responsibility before the law and the investor for all contents committed in the signed contract, and must compensate for damages caused by such organization’s faults during the project management.
Tìm kiếm
Nghị định 102/2009/NĐ-CP (Bản Word)