Chapter III
MANAGEMENT OF INVESTMENT PROJECTS OF MISSIONS
Article 6. Rules for management of construction projects of missions
1. The formulation of, appraisal for, decision on investment policy and construction project decision of the missions from the public investment capital shall comply with the law on public investment, relevant law on construction and this Decree.
2. As for technical regulations, planning, history and culture preservation, responsibility for purchase of compulsory insurance, construction permits, construction contracts, construction eligibility, construction supervision, taking-over documents and other special regulations, the law of the host country shall prevail.
3. As for determination of total investment, construction estimates, including quantities calculated from the basic design, quantities calculated from the technical design, construction drawings, work requirements, norms, unit cost, the law of the host country shall prevail.
4. Any matters related to management and execution of construction projects of missions not regulated in this Decree shall comply with relevant regulations of Vietnam’s laws.
5. In the course of execution of construction projects of the missions, the Ministry of Foreign Affairs shall cooperate with the Ministry of Public Security to ensure the security and safety for the missions as per the law on protection of state secrets.
Article 7. Application of reduced procedures upon formulation of, appraisal for, decision on investment policy for construction projects of missions
As for group A projects, during the formulation of, appraisal for, decision on investment policy, the content of the pre-feasibility study report of the construction project shall comply with the law on construction without the need to make preliminary design drawings on construction, notes, technologies and equipment.
Article 8. Assessment and appraisal of construction projects
1. The investor shall engage a qualified consulting unit to assess the basic design and other matters of the feasibility study report; assess the construction drawing design and construction estimate; assess the economic-technical report.
2. The investor shall inspect and evaluate the assessment report made by the consulting unit before sending it to the appraising agency.
3. Based on the assessment result, the specialized agency of the Ministry of Foreign Affairs shall appraise the feasibility study report, economic-technical report, construction drawing design and construction estimate, and seek the cooperation of the Ministry of Construction where necessary.
4. Based on the scope and nature of the project, the Minister of Foreign Affairs may designate the investor to carry out the appraisal of and approval for the construction drawing design and construction estimate.
Article 9. Selection of contractors for construction projects of missions
1. The selection of contractors within Vietnam’s territory to execute construction projects of the overseas missions of Vietnam shall comply with applicable law on procurement.
2. If a contractor outside the Vietnam’s territory is selected to execute a construction project of a overseas mission of Vietnam, the competent decision-maker as per the law on procurement shall decide the plan for selection of the contractor that ensure that the chosen contractor is qualified, experienced and has a feasible method to perform the contract with quality assurance, efficiency, competitive prices, in specific:
a) As for a procurement of consulting services or non-consulting services up to VND 3 billion and procurement of goods, construction and works up to VND 5 billion, the investor shall take the steps below:
The investor shall select a preferred bidder among the qualified and experienced bidders that is conformable with the procurement.
The investor shall, based on the objectives, scope of work, approved estimate, make preparation and send a draft contract to the selected bidder. Based on the draft contract, the investor and the selected bidder shall initiate the negotiation and completion of the contract as the basis for approval for the results of bidder selection and conclude the contract.
Conclude the contract.
b) As for a procurement of consulting service or non-consulting service greater than VND 3 billion and a procurement of goods or construction greater than VND 5 billion, the investor shall take the steps below:
The investor shall select a preferred bidder among the qualified and experienced bidders that is conformable with the procurement in order to issue a request for proposals.
Engage a consulting unit to make a request for proposal, containing a brief statement describing the project/procurement; guidance on preparation and submission of proposals; criteria for qualifications of bidders; technical evaluation criteria and determination of contract price. Use the pass-fail system to evaluate qualifications and the technical proposal.
The investor shall approve the request for proposals and send it to the selected bidder.
The bidder shall prepare and submit a proposal as required in the request for proposal.
Engage a consulting unit to evaluate the proposal:
The proposal shall be evaluated according to the evaluation criteria as specified in the request for proposal. During the evaluation process, the investor shall invite the bidder to negotiate, clarify or amend the necessary information in the request for proposals to establish the eligibility of the bidder to the requirements for qualifications, experience, progress, volume, quality, technical solutions and measures to perform the contract.
The bidder shall be selected if it meets all of requirements below: a valid proposal; qualifications, experience and proposal in conformity with the requirements of the request for proposals; and the proposed bid-winning price do not exceed the approved contract price estimate.
The investor shall, based on the objectives, scope of work, approved estimate, make preparation and send a draft contract to the selected bidder.
Based on the draft contract, the investor and the selected bidder shall initiate the negotiation and completion of the contract as the basis for approval for the results of bidder selection and conclude the contract.
Conclude the contract.
Article 10. Selection of contractors for construction projects with construction component of missions
The selection of contractors for construction projects with construction component of missions shall comply with Article 9 of this Decree.
Article 11. Taking-over of works
The investor shall take responsibility for the quality of the works, taking-over and finalization of the contract for construction projects at missions. Where necessary, based on the scope and technical aspect of every project, the Minister of Foreign Affairs shall inspect the taking-over of works of the investor.
Tìm kiếm
Nghị định 104/2018/NĐ-CP hướng dẫn Luật Cơ quan đại diện nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài sửa đổi (Bản Word)
Nghị định 104/2018/NĐ-CP hướng dẫn Luật Cơ quan đại diện nước Cộng hòa xã hội chủ nghĩa Việt Nam ở nước ngoài sửa đổi (Bản Pdf)