Chương VII Nghị định 15/2015/NĐ-CP: Triển khai thực hiện dự án

Chapter VII

PROJECT IMPLEMENTATION

Article 43. Conditions for carrying out the project

1. The project shall be executed according to the conditions defined in the project contract after the investor is issued with the investment registration certificate.

2. A group C project shall be executed after the project contract was signed.

3. Other projects may be executed concurrently or after the infrastructure construction has been completed as prescribed in the project contract.

Article 44. Project contractor selection

Investors, project enterprises shall promulgate the regulations on the selection of contractor as a consultant, goods supplier, constructor and other contractors on the basis of ensuring the fairness, the transparency and the economic effect that shall then be applied consistently in the project execution process.

Article 45. Construction site preparation

1. Provincial People's Committees are responsible for carrying out the site clearance and completing the procedures for land allocation and lease to carry out the project according to the laws on land, project contracts and relevant contracts.

2. The competent authority shall cooperate with provincial People's Committees in the implementation of the regulation set forth in Clause 1 of this Article.

Article 46. Formulation of construction design

1. Based on the feasibility study report and the regulations defined in the contract project, the investor and the project enterprise shall draw up the technical design and send it to a competent authority for the purpose of supervision and inspection. The adjustment to technical design that may affect the scope, technical standards and progress of the project must be approved in writing by a competent authority.

2. The inspection of construction design shall comply with the law on construction.

Article 47. Contract performance supervision

1. The investor, the project enterprise are responsible for controlling the quality of the project construction and services; monitoring supervising by themselves or hiring an independent consultant to monitor or supervise the construction and the acceptance testing of construction constituents and all of construction works according to the design, the operation plan prescribed in the project contract.

2. Competent authorities are responsible for monitoring the obligation fulfillment of investors, project enterprises according to the project contract.

3. In case of necessity, the competent agency may hire qualified consultants to assist in their fulfillment of the obligations specified in Clause 2 of this Article.

Article 48. Project quality supervision

1. When supervising the quality of the project transferred to the State upon completion, in addition to the duties specified in Article 47 of this Decree, any regulatory agencies shall be required to:

a) Inspect the construction supervisor’s performance according to the requirements defined in the project contract;

b) Inspect the compliance with procedures, standards and norms for the management and operation of project as agreed upon in the project contract;

c) Carry out the inspection of the quality of a part or all of works when there is any suspicion of the quality or any request of a regulatory agency;

d) Ask the investors to request the contractor to adjust or suspend the project execution whenever the quality of the execution does not meet the statutory requirements.

2. The supervision of the quality of the BT project shall adhere to the regulated procedures that a public investment project must follow.

3. Ministry of Construction shall provide guidance on the implementation of the regulations laid down in this Article.

Article 49. Project management and operation

1. Investors, project enterprises shall carry out the management, operation of the project or carry out the other projects under the terms of the project contracts.

2. During the operation of the project or the rendering of project-related services, the project enterprises are required to:

a) Supply products, services and fulfill other duties according to the requests, conditions defined in the project contract;

b) Ensure that the use of the project shall conform to the terms and conditions of the project contract;

c) Treat all users of products and services provided by the project enterprises with fairness; avoid misusing the right to operate the project to refuse to provide services for customers;

d) Periodically repair, maintain the project, and ensure that the project shall be safely operated in accordance with the design or processes specified in the project contract.

Article 50. Price, cost of goods, service charges and revenues

1. Price, cost of goods, services, other revenues and conditions, procedures for adjustment shall be agreed upon in the project contract according to the principles that benefits of investors, projects enterprises, customers and the State shall be ensured, and these parties concerned shall receive proper conditions to recover their capital as well as gain profits.

2. The agreement about and adjustment to price, fees of goods, services and other revenues managed by the State shall comply with the laws on prices, fees and the conditions specified in the project contract.

3. When adjusting prices, fees of goods, services and other revenues specified in Clause 1 and Clause 2 of this Article, investors, and project enterprises shall send a prior notice to the regulatory agencies and goods/ services customers for a period of 30 days before the date of adjustment.

Article 51. Assistance in collecting service charges

Investors, project enterprises are provided with favorable conditions to accurately and fully collect the price and service charges and revenues. They are also supported by the regulatory agencies to collect the service fees, and other revenues.

Article 52. Supervision, evaluation of investment activities and financial disclosure

1. The supervision and evaluation of projects shall be carried out according to the laws on the monitoring and evaluation of the investment and the agreement defined in the project contract.

2. Investors, project enterprises shall carry out the disclosure of financial reports, audit reports in accordance with the law and the agreements specified in the project contract.