Chương III Nghị định 12/2009/NĐ-CP: Thực hiện dự án đầu tư xây dựng công trình

Chapter III

IMPLEMENTATION OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS

Section I. DESIGNING FOR THE CONSTRUCTION OF WORKS

Article 16. Construction designing steps

1. Designing for the construction of a work covers the following steps: basic designing, technical designing, working drawing designing and other designing steps according to international practice, as decided by the investment decider upon project approval.

a/ Basic design is specified in Clause 1, Article 8 of this Decree;

b/ Technical design is made on the basis of the basic design under the approved investment project on the construction of works, which must indicate all technical specifications and ensure that to-be-used materials are conformable with applicable regulations and standards, as a basis for carrying out the working drawing designing step;

c/ A working drawing design must indicate all technical specifications and ensure that to-be-used materials and structural details are conformable with applicable regulations and standards, for the construction of works.

2. An investment project on the construction of works may consist of works of one or different types and one or different grades. Depending on the size and nature of a specific work, construction designing may involve one. two or three steps below:

a/ One-step designing means the working drawing designing applicable to works subject to the formulation of econo-technical reports only. In this case, basic designing, technical designing and working drawing designing steps may be combined into the working-drawing designing step.

In case of one-step designing, model or typical designs issued by competent state agencies may be used for working drawing designing;

b/ Two-step designing involves the basic designing and working-drawing designing steps applicable to works subject to project formulation, except works mentioned at Points a and c of this Clause. In this case, the technical designing and working-drawing designing steps may be combined into the working-drawing designing step;

c/ Three-step designing involves the basic designing, technical designing and working-drawing designing steps applicable to works subject to project formulation. Depending on the complexity of works, investment deciders shall decide on three-step designing.

In case of two-step or three-step designing, the subsequent-step designing must be conformable with the approved preceding-step designing.

3. Investors shall make designs for the construction of works. If capable, investors may themselves make these designs, if incapable, they shall hire consultants to do so. Particularly for three-step designing, construction contractors that are fully capable as prescribed may make working drawing designs.

Article 17. Design dossiers, cost estimates for the construction of works

1. A design dossier made for each work comprises design explanations, design drawings, relevant construction survey documents, the maintenance process, and cost estimates for work construction.

2. Design dossiers for the construction of works must be archived under the law on archives.

Article 18. Evaluation and approval of technical designs and working drawing designs

1. Design evaluation and approval in case of three-step designing

a/ For technical designs:

Investors shall evaluate and approve technical designs. The evaluation and approval results must be recorded in writing, stating:

- The technical design's conformity with the basic design;

- The rationality of work structure solutions;

- The observance of applicable construction regulations and standards;

- Assessment of the work's safety;

- The rationality of the selection of technological chains and equipment, for works subject to technological requirements;

- The observance of regulations on environment and fire prevention and fighting.

Investors may hire consultants to verify a number or all of the above contents as a basis for evaluation. Verification results must be presented in writing.

b/ For working drawing designs:

Working drawing designs must be certified with signatures of investors or their authorized representatives. Drawings must be appended with an "approval" stamp before being used for construction. Before approving working drawing designs, investors may hire construction supervision consultants to examine them and sign for certification in the drawings.

2. Evaluation and approval of working drawing designs in case of two-step or one-step designing

a/ In case of two-step designing, investors shall evaluate and approve working drawing designs. In case of one-step designing, investors shall evaluate working drawing designs for investment deciders to approve them together with econo-technical reports on the construction of works.

b/ Contents of the evaluation of working drawing designs are specified at Point a. Clause 1 of this Article.

c/ The appending of stamps on drawings for certification before they are used for construction complies with Point b, Clause 1 of this Article.

3. Expenses for the evaluation or verification of designs for the construction of works shall be included in total investment levels or cost estimates for the construction of works.

Section 2. CONSTRUCTION PERMITS

Article 19. Permits for construction of works

1. Before constructing works, investors shall apply for construction permits, except the following works:

a/ Works classified as state secrets, works to be constructed under urgent orders, and makeshift works serving the construction of principal works:

b/ Works to be constructed in lines not running through urban centers but conformable with approved construction plannings, and works under construction investment projects already approved by competent state agencies;

c/ Construction works under projects on urban centers, industrial parks, export-processing zones, hi-tech parks or residential areas with their l:500-scale detailed construction plannings already approved by competent state agencies;

d/ Repair, renovation or installation of interior equipment without changing the architecture force-bearing structure and safety of works;

dd/ Small technical infrastructure works in deep-lying and remote communes;

e/ Individual houses in remote or deep-lying areas outside urban centers or consolidated residential areas; and individual houses in rural population areas without approved construction plannings.

2. For the construction of individual works or houses in areas for which approved construction plannings have been publicized but not yet implemented, only temporary construction permits specifying the existence duration of works corresponding to the planning implementation schedule will be granted.

3. The conditions for the grant of permits for construction of urban works are specified in Article 65 of the Construction Law. The rights and obligations of applicants for construction permits are defined in Article 68 of the Construction Law.

4. A construction permit shall be made according to a set form, (not printed herein).

Article 20. Dossiers of application for permits for construction of urban works or houses

A dossier of construction permit application comprises:

1. A construction permit application, made according to a set form (not printed herein). In case of application for temporary-construction permits, the application must also contain the applicant's commitment to dismantle the work upon ground clearance by the State.

2. A copy of any land use right-related paper as prescribed by law.

3. The design drawing displaying the locations of the level ground, cross sections and principal vertical sections; the work's foundation ground; a plan on the locations or lines of works; a plan on electricity and water supply and rainwater and wastewater drainage systems and their technical connection points. Particularly for repair or renovation works requiring construction permits, photos of the works' present state are required.

Article 21. Dossiers of application for rural-house construction permits

A dossier of application for a rural-house construction permit comprises:

1. A construction permit application, made according to a set form (not printed herein).

2. A copy of any land use right-related paper as prescribed by law.

3. The plan of the construction ground on the land lot, and adjacent works, if any, made by the house owner himself/herself.

Article 22 Receipt of dossiers of construction permit application

1. Construction licensing agencies shall receive dossiers of construction permit application and, depending on the types of dossiers, examine their validity in accordance with Article 20 or 21 of this Decree.

2. Upon receiving complete and valid dossiers, construction licensing agencies shall issue receipts indicating the date for reply on dossier examination results. Such a receipt shall be made in two copies, one to be handed to the applicant and another to be kept at the construction licensing agency.

3. For an invalid dossier of construction permit application, the construction licensing agency shall give explanations and guide the applicant to complete the dossier as required. The time for dossier completion will not be counted in the time limit for the grant of a construction permit.

Article 23. Competence to grant construction permits

1. Provincial-level People's Committees shall grant construction permits for construction works of special grade and grade I; religious works; works of historical-cultural relics; works of monuments, advertisements and mural paintings within the administrative boundaries under their management; works situated along high streets and thoroughfares in urban centers; works under foreign-invested projects; and works under other projects and works as prescribed by provincial-level People's Committees.

2. District-level People's Committees shall grant construction permits for other works and individual houses in urban centers within the administrative boundaries under their management, excluding works specified in Clause 1 of this Article.

3. Commune-level People's Committees shall grant construction permits for individual houses in rural population areas within the administrative boundaries under their management for which construction plannings have been approved.

Article 24. Adjustment of construction permits

1. When wishing to adjust construction designs under granted construction permits, investors shall request the adjustment of construction permits before constructing works according to adjustments. Construction licensing agencies have the competence to adjust construction permits, ensuring conformity with construction plannings, and shall take responsibility for such adjustments. Adjustments to construction permits shall be additionally written in the "extension, adjustment" section in granted construction permits.

2. A dossier of request for construction permit adjustment comprises:

a/ An application for adjustment;

b/ The original of the granted construction permit;

c/ The adjusted design drawing.

3. The time limit for considering the requested adjustment of a construction permit is 10 working days from the date of receipt of a complete and valid dossier.

Article 25. Responsibilities of construction licensing agencies

1. To publicly post up at their head offices information on the conditions, order and procedures for granting construction permits.

2. To supply in writing information on the grant of construction permits at the request of applicants. The time limit for information supply is 7 working days as from the date of receipt of a request.

3. To consult concerned agencies when it is necessary to clarify information on the grant of construction permits.

Within 10 working days after receiving written requests for opinions, consulted organizations shall issue written replies to construction licensing agencies. Past this time limit, if they give no written replies, they will be regarded as having agreed with construction licensing agencies and shall take responsibility before law for all consequences caused by their non-reply or late reply.

4. To grant a construction permit within 20 working days from the date of receipt of a complete and valid dossier, or 15 working days, for individual houses.

5. To take responsibility before law and compensate for damage caused by improper licensing or licensing behind the time limit specified in Clause 4 of this Article.

6. To collaborate with commune-level People' Committees of localities where exist construction works in inspecting construction under permits and handle violations according to regulations. If persons possessing construction permits fail to observe decisions on construction suspension, to revoke construction permits and transfer the cases to competent authorities for handling under regulations.

7. To request commune-level People" Committees of localities where exist construction works to request competent agencies to stop providing electricity and water services, or to suspend business and service activities, for works which are constructed in contravention of plannings or granted construction permits or constructed without permits.

8. To settle according to law complaints and denunciations about the grant of construction permits.

9. To collect fees for the grant of construction permits under regulations.

10. Neither to designate their attached designing organizations and individuals nor to set up designing units to make designs for construction permit applicants.

Article 26. Extension of construction permits

1. Within 12 months from the dale of grant of a construction permit, if the construction of a work has not started, the applicant shall apply for the extension of this construction permit.

2. A dossier of application for construction permit extension comprises:

a/ An application for extension;

b/ The original of the granted construction permit.

3. The time limit for consideration and grant of the extension of a construction permit is 5 working days from the date of receipt of a complete and valid dossier.

4. Construction licensing agencies may extend construction permits.

Section 3. MANAGEMENT OF THE CONSTRUCTION OF WORKS

Article 27. Contents of management of the construction of works

Construction management means management of construction quality, management of construction schedule, management of construction volumes, management of labor safety at construction sites, and management of the construction environment. Particularly, construction quality management complies with the Decree on quality management of construction works.

Article 28. Management of construction schedule

1. A construction schedule must be prepared before the construction of a work. The schedule of construction of a work must be compatible with the approved general schedule of a project.

2. For big construction works requiring a long construction duration, their construction schedules must be prepared on a monthly, quarterly or yearly basis.

3. Construction contractors shall prepare detailed construction schedules and may coordinate the performance of different jobs, ensuring their compatibility with the general schedule of a project.

4. Investors, construction contractors, supervision consultants and involved parties shall oversee construction schedules and adjust them in case the construction duration at certain stages is prolonged, provided that such adjustment does not affect the general schedule of a project.

If deeming that the general schedule of a project may be prolonged, the investor shall report such to the investment decider to decide on the adjustment of the project's general schedule.

5. It is encouraged to accelerate construction progress while ensuring the quality of works.

If the construction progress acceleration brings about higher efficiency for a project, the construction contractor is entitled to reward as contracted. If the construction progress prolongation causes damage, the violator shall compensate for the damage and be fined for contract breaches.

Article 29. Management of construction volumes

1. A work must be constructed according to the approved design volume.

2. Construction volumes shall be calculated and certified between investors, construction contractors and supervision consultants on the basis of the construction duration or stages, and compared with the approved design volumes as a basis for take-over test and payment as contracted.

3. When arises a volume in excess of the approved design volume or outside the approved cost estimate of a work, the investor and construction contractor shall consider how to handle such volume. Particularly for state budget-funded works, when such a volume results in an increase in the total investment, the investor shall report such to the investment decider for consideration and decision.

Arising volumes accepted and approved by investors or investment deciders serve as a basis for payment and finalization for works.

4. Involved parties are forbidden to declare construction volumes which are not performed or higher than actually performed ones or to collude with one another to falsify volumes serving as a basis for payment.

Article 30. Management of labor safety at construction sites

1. Construction contractors shall work out measures to ensure safety for people and works at construction sites. Safety measures which are related to different parties must be agreed upon by those parties.

2. Safety measures and rules must be publicized at construction sites for everyone to know and observe. At dangerous places at construction sites, there must be guards or warnings to prevent accidents.

3. Construction contractors, investors and involved parties shall regularly inspect and supervise labor safety at construction sites and stop construction activities when detecting labor safety-related violations. Those who let labor safety-related violations occur at construction sites under their management shall take responsibility before law.

4. Construction contractors shall provide training in, guide and disseminate labor safety rules. For a number of jobs subject to strict labor safety requirements, laborers must possess labor safety training certificates. The employment of laborers who have not been provided with training in and guidance on labor safety is prohibited.

5. When employing laborers to work at construction sites, construction contractors shall supply them with adequate labor protection and safety equipment as prescribed.

6. Upon the occurrence of labor accidents, construction contractors and involved parties shall handle them, report thereon to state management agencies in charge of labor safety under law and, at the same time, remedy and compensate for damage caused by their failure to ensure labor safety.

Article 31. Management of the construction environment

1. Construction contractors shall apply measures to create a safe environment for laborers working at construction sites and protect the surrounding environment, including measures to control dust and noise, dispose of wastes and clean up the sites. For construction works in urban centers, they shall take measures to cover and collect wastes and take them to designated places.

2. In the course of transporting construction materials and wastes, covering measures to ensure environmental safety and sanitation must be taken.

3. Construction contractors and investors shall inspect and supervise the protection of the construction environment while submitting to inspection and supervision by environment state management agencies. If construction contractors fail to observe environmental protection regulations, investors and environment state management agencies may stop construction activities and request construction contractors to properly apply environmental protection measures.

4. Those who let environment-harming acts occur in the course of construction of works shall take responsibility before law and compensate for damage caused by their faults.

Article 32. Dismantlement of construction works

1. A construction work or work part shall be dismantled in the following cases:

a/ Ground clearance;

b/ The work is likely to collapse, threatening the life of people or causing danger to adjacent works;

c/ The work is constructed in an area where construction is banned under Clause 1, Article 10 of the Construction Law;

d/ Part or the whole of the work is constructed in contravention of the construction planning or construction permit;

e/ Other cases as provided for by law.

2. The dismantlement of a construction work must adhere to the following principles:

a/ It is conducted under a dismantlement decision;

b/ It is conducted according to a dismantlement plan as prescribed;

c/ It must ensure safety for people and adjacent works;

d/ It must ensure environmental sanitation;

dd/ It must be supervised to prevent possible risks.

Section 4. FORMS OF MANAGEMENT OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS

Article 33. Forms of project management

1. Investment deciders shall decide on forms of project management under Clause 2, Article 45 of the Construction Law.

2. Investors that personally manage projects shall set up project management units to take charge of project management. Project management units must be capable of performing project management tasks to meet the requirements of investors. Project management units may. subject to investor approval, hire consultants to manage and supervise jobs they are incapable of performing.

For small and simple projects capitalized at under VND 7 billion each, investors are not required to set up project management units and may use their professional apparatuses to manage and administer the projects or hire professionally qualified and experienced persons to assist them in managing project implementation.

3. In case investors hire consultants to manage and administer projects, those consultants must be fully capable of managing projects, depending on the sizes and nature of projects. The responsibilities and powers of project management consultants shall be agreed in contracts between the two parties. Project management consultants may hire other consultants to manage projects, provided that such is approved by investors and compliant with contracts signed with investors.

In case of hiring project management consultants, investors may still use their professional units or designate other units to inspect and monitor contract performance by project management consultants.

Article 34. Tasks and powers of investors and project management units set up by investors

1. Investors shall perform the tasks and exercise the powers from project preparation and implementation to test, take-over and putting of works into operation or use to ensure project efficiency and feasibility and law observance. Project management units may, subject to investor approval, manage different projects on the principles that each project will be implemented without interruption, and managed and finalized under regulations. The assignment of tasks and authorization of powers to project management units must be indicated in decisions on their setting up decisions. Investors shall direct, inspect, and take responsibility for, the performance of tasks and powers of project management units.

2. Project management units shall perform the tasks assigned and powers authorized by investors and take responsibility before investors and law for these tasks and powers.

Article 35. Tasks and powers of investors and project management consultants hired by investors

1. Investors shall perform the tasks and powers from project preparation and implementation to test, take-over and putting of works into operation or use to ensure project efficiency and feasibility and law observance. Investors shall select and sign contracts with project management consultants that are able to assist them in managing project implementation. Investors shall inspect and oversee contract performance by project management consultants.

2. Project management consultants shall perform the tasks and powers as agreed in contracts signed between them and investors, and take responsibility before law and investors for the fulfillment of contractual commitments.