Chương II Nghị định 15/2021/NĐ-CP: Lập, thẩm định, phê duyệt dự án, quản lý dự đầu tư xây dựng

Chapter II

PREPARATION, APPRAISAL, APPROVAL OF PROJECTS, MANAGEMENT OF CONSTRUCTION PROJECTS

Section 1. Preparation, appraisal and approval of construction project

Article 9. Formulation of pre-feasibility study report

1. The formulation of pre-feasibility study reports for decision or approval of construction investment policy shall comply with Clause 2, Article 52 of the Construction Law 2014, amended in Clause 10, Article 1 of Law No. 62/2020/QH14.

2. The preliminary design plan of the pre-feasibility study report is shown on the notes and drawings, including the following contents:

a) Preliminary drawings include: diagram of the construction site of project; preliminary master plan; drawings showing preliminary design solution of main works;

b) Notes of size and nature of the project; land plot existing conditions and boundaries; notes of conformity with the planning (if any), connection with surrounding traffic and infrastructure; notes of preliminary design solution;

c) Preliminary drawings and notes of technology lines and technology equipment (if any).

3. The preliminary total investment of the pre-feasibility study report shall comply with the Government's regulations on construction cost management.

4. Contents of the pre-feasibility study report are specified in Article 53 of the Construction Law 2014, amended in Clause 11, Article 1 of Law No. 62/2020/QH14, in which, as required in a specific project, the notes of the pre-feasibility study report shall contain:

a) The eligibility of the project investor in accordance with relevant laws (if any), in case the investment policy and investor is approved concurrently;

b) Estimated area of ​​land for growing rice, protection forest land, special-use forest land to be converted to the type of land with other purpose of use to execute the construction project (if any);

c) The initiation of the project meeting the urban development objectives and orientations, and local residence development programs and plans in each period (if any), for an urban or residential area project; preliminary structure of residence products and the reserve of land for social residence development; a preliminary plan on construction and management of urban infrastructure in the project and connection with infrastructure outside the project's scope, for an urban area project.

Article 10. Appraisal of pre-feasibility study report

1. The appraisal of pre-feasibility study report in the application for the approval of investment policy shall comply with the provisions of the Law on Investment; the appraisal of pre-feasibility study report with regard to public investment project, PPP project is done in accordance with the law on public investment, the law on public-private partnership investment.

2. After the investment policy of a project is decided or approved by a competent authority under the provisions of Clause 1 of this Article, the investor or the agency assigned to perform pre-construction tasks shall complete the pre-feasibility study report as a basis for executing next steps in accordance with relevant laws.

Article 11. Content of feasibility study report

1. The content of pre-feasibility study report shall comply with Article 54 of the Construction Law 2014, amended in Clause 12, Article 1 of Law No. 62/2020/QH14.

2. For residence or urban area construction projects areas, a feasibility study report must clearly state the following contents:

a) The conformity of the project with the approved local residence development program/plan (if any);

b) Gross floor area of residence; rate and number of types of residence (semi-detached villas, apartments) and the compatibility of the number of residence types with approved population indicators;

c) Area of ​​land reserved for construction of social housing in accordance with regulations of law on housing;

d) Business plan for residence products and other products of the project;

dd) Conformity with the approved urban development orientation and urban development program (if any); plan to build and complete technical infrastructure works before operation of the residence (if any), social infrastructure works and other works in the project; plan and list of areas or amenities to be handed over in case of handover to the State;

e) Investment phasing plan to ensure consistency for projects having many construction works initiated for a long time that require investment phases;

g) For no-residence urban areas, the provisions of Points a, b, c and d of this Clause are not required.

Article 12. Appraisal of feasibility study report, economic - technical report by the investment-decision maker

1. The appraisal of feasibility study report of projects of national importance funded by public investment capital is done in accordance with the law on public investment.

2. The Appraisal Council or the unit assigned to appraise PPP projects shall appraise the feasibility study report of a PPP project in accordance with the law on public private partnership investment, and synthesize the appraisal result by the construction authorities according to the provisions of this Decree and submit them to the competent authority for approval of the project.

3. For projects not falling under the cases specified in Clauses 1 and 2 of this Article, the investment-decision maker shall assign the an affiliated specialized agency, or an organization/individuals with expertise suitable to the nature and contents of the project, if such an affiliated specialized agency is not available, to appraise the feasibility study report or economic - technical report. The investment-decision maker may assign a construction authority to act as an appraising agency in case there is an affiliated construction authority.

4. The appraisal applicant shall submit an application for appraisal of feasibility study report, economic - technical report to the appraising agency in accordance with the provisions of Clause 3 of this Article.

5. At the specific request of each project, the investor or the agency assigned to make preparation in pre-construction phase must carry out relevant procedures and fulfill requirements and submit to the appraising agency the following, as a basis for appraisal of the feasibility study report:

a) Agreements on power supply, water supply, wastewater drainage, traffic connection, other written agreements on infrastructure connection (if any);

b) A written approval for the height of the project according to the Government's regulations on the management of the height of aerial obstacles and the airspace control and air defense system in Vietnam (if any);

c) Appraisal result of a project for preservation and restoration of historical-cultural relics, scenic beauties in accordance with the law on cultural heritage;

d) An appraisal or opinions on fire safety solutions in accordance with the law on fire safety;

dd) Result of environmental impact assessment in accordance with the law on environmental protection;

e) Notification of feasibility study report appraisal result by the construction authority;

g) Results of other procedures as prescribed by relevant law.

6. The appraising agency shall appraise the matters according to the provisions of Article 57 of the Construction Law 2014, amended in Clause 14, Article 1 of the Law No. 62/2020/QH14, in specific:

a) The appraising agency shall inspect implementation of relevant legal requirements as prescribed in Clause 5 of this Article;

b) For projects using technologies restricted from transfer or adversely affecting the environment using technology, the appraising agency shall send the application to the competent agency for technology-related consultation response or appraisal in accordance with the law on technology transfer, Articles 16 and 17 of this Decree;

c) The total investment of the project shall be determined in accordance with the Government's regulations on construction cost management.

7. The appraising agency shall summarize the appraisal result of the construction authority; opinions of agencies in charge of relevant fields (if any) and then send them to investment-decision maker for approval of the project and/or decision of construction investment.

Article 13. Appraisal of feasibility study report by the construction authority

The feasibility study report appraisal is carried out for the entire project, each component project, each construction work or a number of construction works according to the execution phase, investment phase of the project but it must ensure consistency between the appraisal results and suit the project schedule in the investment policy decision or approval. Except for projects of national importance funded by public investment capital, projects investment policy of which is decided by the National Assembly in accordance with the law on public private partnership investment, the power to appraise the feasibility study report by the construction authority is prescribed as follows:

1. For construction works under projects funded by public investment capital, the construction authorities shall appraise the projects under specialized management according to the provisions of Article 109 of this Decree, in specific:

a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects assigned by the Prime Minister; group A project; group B projects with the investment decisions made by the heads of central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, State Audit, the President's Office, Office of the National Assembly, ministries, ministerial-level agencies, Governmental organizations, central agencies of Vietnamese Fatherland Front and socio-political organizations (hereinafter referred to as central agencies) or other individuals authorized or delegated by the former people; projects located in 2 provinces or more; projects of group C under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated) or other agencies/individuals authorized or delegated by the Ministry in charge of field-based construction works; except for works specified at Point c of this Clause;

b) A construction authority affiliated to provincial-level People's Committee shall appraise works under projects in the administrative area of ​​the province, except for projects specified at Point a of this Clause and projects requiring economic-technical reports;

c) A construction authority affiliated to the People's Committee of Hanoi or Ho Chi Minh City shall appraise projects with the investment decision made by the President of the People's Committee of City or an individual authorized or delegated by the President.

2. For construction projects funded by public investment capital, construction authorities shall appraise projects of group B and higher, projects with great impact on community safety and interests, under specialized management according to the provisions of Article 109 of this Decree, in specific:

a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects with investment policies approved by the National Assembly or the Prime Minister; group A projects; group B projects with the investment decisions made by Ministers, heads of central agencies, heads of economic groups or state-owned general companies established under decision of the Prime Minister (hereinafter referred to as economic groups, state-owned general companies) or other individuals authorized or delegated by the former people; projects with works of special class, class I; projects located in 2 provinces or more; projects of group C under the specialized management, with investment decisions made by the Ministry in charge of field-based construction works (to which the construction authority is affiliated) or other agencies/individuals authorized or delegated by the Ministry in charge of field-based construction works; except for works specified at Point c of this Clause;

b) A construction authority affiliated to provincial-level People's Committee shall appraise projects in the administrative area of ​​the province, except for projects specified at Point a of this Clause;

c) A construction authority affiliated to the People's Committee of Hanoi or Ho Chi Minh City shall appraise projects with the investment decision made by the President of the People's Committee of City or an individual authorized or delegated by the President.

3. For PPP projects, the construction authorities shall appraise the projects under specialized management according to the provisions of Article 109 of this Decree, in specific:

a) The construction authority under the Ministry in charge of field-based construction works shall appraise projects with project policy decided by the Prime Minister; projects approved by the heads of central agencies or other agencies in accordance with law on public-private partnership investment or other individuals authorized or delegated by the former people; projects with works of special class, class I; projects located in 2 provinces or more;

b) A construction authority affiliated to provincial-level People's Committee shall appraise PPP projects in the administrative area of ​​the province, except for projects specified at Point a of this Clause.

4. For construction projects financed by other funds, construction authorities shall appraise large scale projects as prescribed in clause 8 Article 3 hereof, projects with great impact on community safety and interests, under specialized management according to the provisions of Article 109 of this Decree, in specific:

a) The construction authorities under Ministries in charge of field-based construction works shall appraise projects with investment policies approved by the National Assembly or the Prime Minister; group A projects; projects with works of special class, class I; projects located in 2 provinces or more;

b) A construction authority affiliated to provincial-level People's Committee shall appraise projects in the administrative area of ​​the province, except for projects specified at Point a of this Clause.

5. For a mixed project consisting of varied types of works, the appraisal competence of the construction authority is determined according to the specialized management specified in Article 109 of this Decree in conformity with the functions of the main works of a project or main works of highest class in case the project has many main works.

Article 14. Application for appraisal of feasibility study report by the construction authority

1. The applicant shall submit 1 set of application for appraisal to the construction authority. The application for appraisal shall be submitted in person or by post.

2. The application for appraisal shall ensure the legality and conformity with the matters seeking appraisal. The application for appraisal shall be considered valid when it has full contents specified in clause 3 hereof, is made in proper format, primarily written in Vietnamese and certificated by the applicant. The part of the architectural design documents in the construction design documents (if any) should comply with the provisions of the law on architecture.

3. An application for appraisal of feasibility study report includes: Application form for appraisal using the form No. 01 of Appendix I hereto, feasibility study report and legal documents attached, in specific:

a) Investment policy document as per law on investment, public investment, public-private partnerships investment;

b) Decision on selection of architectural design plan through the examination according to the regulations and the selected design plan enclosed (if required);

c) The approval document/decision and enclosed drawings (if any) of one of the following planning types: Construction detailed planning approved by a competent authority; plannings of other specialized fields in accordance with the planning law; route plan, site location approved by a competent authority for works built by routes; construction zoning planning in case no construction detailed planning is required;

d) Written opinions on fire safety solutions of the basic design; written results of environmental impact assessment in accordance with the law on environmental protection (if required under the law on fire safety, and environmental protection);

Procedures for fire safety and environmental protection shall be completed in parallel, no relevant document is required at the time of submission of the appraisal application, but the completion of fire safety and environmental protection procedures must be sent to the construction authority before the deadline for notification of appraisal result. In case the investor requests to seek opinions on fire safety solutions of the basic design following the interlinked single-window system when appraising the feasibility study report at the construction authority, the investor shall submit an additional set of documents in accordance with the law on fire safety;

dd) Agreement and certification of technical infrastructure connection of the project; a written approval for the height of the work according to the Government's regulations on the management of the height of aerial obstacles and the airspace control and air defense system in Vietnam (in case the project is not in the area or subject to request for consultation on the work elevation management surface at the stage of construction planning approval) (if any);

e) Other relevant legal documents (if any);

g) Approved construction survey documents; notes to feasibility study report; basic design or other designs according to international practice for the preparation of feasibility study report (including drawings and notes); list of standards mainly applied to the project;

d) List of contractors, together with construction eligibility certificate codes of the survey contractor, construction design contractor, assessment contractor (if any); construction practice certificate codes of the titles of construction survey president, design or investment estimate president, chairperson; assessment president, chairperson;

i) For projects funded by public investment capital or state capital other than public investment capital that require consideration of total investment, in addition to the contents specified above, the application submitted for appraisal must contain the following details: total investment; relevant information and data on prices and norms to determine total investment; quotes, valuation results (if any).

Article 15. Process of appraisal of feasibility study report by the construction authority

1. The construction authority shall receive and verify if the application for appraisal is complete and valid as prescribed in Article 14 of this Decree. Within 05 working days from the day on which the application is received, the construction authority shall:

a) Request the applicant in writing for supplemental documents (where necessary, such a request is only made once during the appraisal process). In a case where consultation from relevant agencies is needed, the appraising agency shall request the applicant for supplemental documents on consultation matters;

b) Return of appraisal application in case specified in clause 2 hereof;

c) Send a request to the fire safety authority to seek consultation on fire safety solution of the basic design upon request of the investor.

2. The construction authority shall reject the following applications for appraisal:

a) The application falls beyond the competence of appraisal of the construction authority or the application is not submitted by a duly authorized applicant as prescribed in this Decree;

b) The application is not required to be appraised at the construction authority;

c) The application does not ensure the legality or validity as required in this Decree;

d) For applications received by post as prescribed in points a, b and c hereof, the construction authority shall provide the applicants with explanation in case of rejection.

3. Within 20 days after receiving the above request of the construction authority, if the applicant fails to supplement the documents required, the appraising agency shall suspend the appraisal and the applicant shall re-submit an appraisal application upon further request.

4. The construction authority shall carry out the appraisal following the interlinked single-window system as prescribed in clause 2 Article 58 of the Construction Law 2014, amended in clause 15 Article 1 of the Law No. 62/2020/QH14; ensure the time required in Clause, Article 59 of the Law on Construction 2014, amended in Clause 16, Article 1 of Law No. 62/2020/QH14.

5. During the appraisal process, the construction authority has the right to suspend the appraisal (not more than one time) and promptly notify the appraisal applicant of errors and misstatements in the application which leads to ineligibility to make an appraisal conclusion. In case the above-mentioned errors and misstatements are not corrected within 20 days, the construction authority shall stop the appraisal, and the appraisal applicant shall re-submit an application for appraisal upon request.

6. The appraisal result must contain the evaluation and conclusion on satisfaction of requirements for each appraisal matter as prescribed in clause 2 Article 58 of the Construction Law 2014, amended in Clause 15, Article 1. of Law No. 62/2020/QH14; requirements for the investment-decision maker, investor, and the competent agency for the PPP project. The appraisal results are sent concurrently to the local construction management authorities for management.

The form of a written notice of the feasibility study report appraisal result is specified in Form No. 02, Appendix I to this Decree.

7. The stamping and archival of appraisal applications at the construction authorities are done as follows: <0}

a) Application submitted for appraisal after modification and completion shall be inspected by a construction authority, stamped to certify the appraised matters on relevant drawings of 01 set of construction design documents. Specimen of appraisal seal is specified in form No. 08 of Appendix I hereto. The drawings bearing the appraisal seal shall be returned to the appraisal applicant; the appraisal applicant is responsible for keeping the drawings according to the law on archive and promptly responding to the request of the construction authority when it is necessary to consider these drawings. The appraisal applicant is responsible for submitting the photocopy (.PDF format) of the feasibility study report, the construction design with the appraisal seal to the construction authority;

b) At the end of the appraisal, the construction authority is responsible for archiving and preserving a number of documents, including: application for appraisal; conclusions of organizations and individuals participating in the appraisal; written consultation from relevant agencies and organizations; notice of appraisal results; copies of documents bearing the appraisal seal as prescribed at Point a of this Clause.

8. In the appraisal process, in necessary cases, the construction authority may request the appraisal applicant to select qualified organizations or individuals to verify necessary information related to the appraisal as follows:

a) The selection of organizations, individuals to assess construction design is done in the form of direct contracting and under the simplified direct contracting process prescribed in the law on procurement;

b) The assessment consulting organization shall be legally and financially independent from the investor and construction design consulting contractors;

c) The drawings which have been assessed must bear a seal as prescribed in Form No. 08 of Appendix I hereto.

Article 16. Competence for technology-related consultation response or appraisal for construction projects using technologies restricted from transfer or construction projects using technologies with great impact on the environment under the Law on Technology Transfer

1. Projects funded by public investment capital:

a) The State Appraisal Council shall appraise technologies of projects of national importance;

b) Line ministries shall appraise technologies of projects with investment policy decisions made by the Prime Minister, heads of central agencies, heads of state agencies and public sector entities under management of ministries, central agencies;

c) The specialized agency affiliated to the People's Committee of the province to advise the People's Committee of the province on the state management of a sector or field (hereinafter referred to as a specialized agency of the People's Committee of the province) shall appraise technologies of projects with investment policy decisions made by the People's Council, President of People's Committee, head of state agency or public sector entity under local management.

2. Projects funded by state capital other than public investment capital:

a) Line ministries shall take charge and coordinate with the Ministry of Science and Technology to give technology-related consultation responses and relevant agencies and organizations on projects with investment policy approved by the National Assembly or the Prime Minister.; projects of group A and group B under the investment decision of the heads of central agencies, economic groups or corporations; project with great impact on the safety and benefits of the community of special and level I class; construction projects located in 02 provinces or more; projects decided by ministries;

b) The specialized agency affiliated to the People's Committee of the province shall take charge and cooperate with the specialized science and technology agencies in giving technology-related consultation responses about the remaining projects not falling into the case specified at Point a of this Clause.

3. Regarding construction projects funded by other capital sources:

a) Line ministries shall take charge and coordinate with the Ministry of Science and Technology to give technology-related consultation reposes on projects with investment policy approved by the National Assembly or the Prime Minister.; projects of group A; projects with great impact on the safety and benefits of the community of special and level I class; construction projects located in 02 provinces or more;

b) The specialized agency affiliated to the People's Committee of the province shall take charge and cooperate with the specialized science and technology agencies in giving technology-related consultation reposes about the remaining project not falling into the case specified at Point a of this Clause.

4. For PPP projects, the Appraisal Council or the unit assigned to appraise PPP projects shall organize an appraisal of the technology when evaluating the feasibility study report according to the provisions of the law on public-private partnership investment.

Article 17. Procedures for technology-related consultation response or appraisal for construction projects using technologies restricted from transfer or construction projects using technologies with great impact on the environment

1. For projects of national importance funded by public investment capital, the process of technology appraisal of the State Appraisal Council shall comply with the provisions of the law on public investment.

2. For construction projects other than those specified in Clause 1 of this Article:

a) Within 05 working days from the day on which the complete project application is received, the appraising agency shall send a written request for appraisal or consultation on technology together with the feasibility study report and legal documents related to agencies competent to appraise or give technology-related consultation reposes. The contents of a feasibility study report must contain the technology explanation as prescribed in Clause 2, Article 16 of the Law on Technology Transfer 2017;

b) The competent agency shall give technology-related consultation response or appraisal as prescribed in Clause 2 Article 19 and Article 20 of the Law on Technology Transfer 2017;

c) The period of technology-related consultation response or appraisal is 30 days for projects approved by the National Assembly, 20 days for projects of group A, 15 days for projects of group B, 10 days for group C projects and projects that only require economic - technical reports from the date of receipt of complete applications; in cases where it is necessary to extend the time for give a technology-related consultation response, the extended time must not exceed the time limit prescribed for each type of project mentioned above. The foregoing agency shall notify the appraising agency of the extension in writing and clearly stating the reason;

d) If the said agency is also the appraising agency of the project, the time limit for technology-related consultation response or appraisal shall be included within the time limit for appraisal of the feasibility study report.

Article 18. Approval for project and construction decision

1. The appraising agency shall have to consolidate the appraisal results and submit it to the investment-decision maker for approval of the project or construction decision. The competence to decide construction investment shall comply with Article 60 of the Construction Law 2014, amended in Clause 17, Article 1 of Law No. 62/2020/QH14.

2. The approval of a PPP project by the competent agency shall comply with the provisions of law on public private partnership investment.

3. The decision on construction investment of the investment-decision maker is shown in the decision on approval for the construction project, including the following main contents:

a) Project name;

b) Investment-decision maker; investor;

c) Construction objectives and scale;

d) Consulting organization to prepare feasibility study report (economic - technical report) on construction investment, organize construction survey (if any); basic design consulting organization;

dd) Location and area of land used;

e) Project group and type; type and class of main work(s); design life of main work(s);

g) Number of design steps, list of mainly selected standards;

h) Total investment; the value of the cost items in the total investment;

i) Time for performance of the project, investment phases (if any), term of the project (if any);

k) Sources of funds for investment and planned arrangement of capital according to the project schedule;

l) Forms of project management applied;

m) Requirements for resources, exploitation and use of natural resources (if any); compensation, support and resettlement plan (if any);

n) Order of construction investment for construction works involving state secrets (if any);

o) Other contents (if any).

4. The form of the decision on approval for the construction project funded by public investment capital or state capital other than public investment capital is specified in Form No. 03, Appendix I to this Decree.

Article 19. Adjustments to the construction project

1. Construction projects funded by public investment capital or state capital other than public investment capital shall be adjusted according to the cases specified in Clause 1, Article 61 of the Construction Law 2014, as amended in Clauses 18 and 64, Article 1 of Law No. 62/2020/QH14. The adjustment to PPP projects is done in accordance with the law on public private partnership investment. Adjustments to projects using other funds comply with Clauses 3 and 4, Article 61 of the Construction Law 2014.

2. For adjusted construction projects, the construction authority shall appraise modified feasibility study reports in the following cases:

a) Adjustment to the project that has a change in the purpose, scale of land use, or scale of construction investment;

b) When there is any change in the planning and architecture items of the project in the approved detailed construction plannings, other specialized technical plannings or investment policy decision/approval;

c) When the adjustment leads to an increase of the total project investment for projects funded by public investment capital, projects funded by state capital other than public investment capital;

d) When there is a change to the solution of arrangement of major functions in the works, which leads to the need to re-evaluate the design solutions to ensure construction safety, fire safety, and environmental protection, and the project's compliance with technical regulations.

3. Competence and procedures for appraisal of adjusted feasibility study reports of construction authorities comply with Articles 13, 14 and 15 of this Decree.

In case the project adjustment changes the project group or the construction work class of the project, the competence to appraise the adjusted feasibility study report is determined according to the competence of the project group or work class after adjustment.

4. Appraisal of adjusted feasibility study reports by the construction authority, appraisal and approval of adjusted construction projects by the investment-decision maker or competent agency for PPP projects include the adjusted content or all of the project's contents after adjustment.

Section 2. MANAGEMENT OF CONSTRUCTION PROJECTS

Article 20. Selection of forms of construction project management

1. For a project funded by public investment capital, the investment-decision maker shall select the project management form specified in Clause 2, Article 62 of the Construction Law 2014, amended in Clause 19, Article 1. Law No. 62/2020/QH14, in specific:

a) The investment-decision maker decides to apply the form of field-based PMB, area-based PMB on the basis of the number and progress of projects in the same field, in the same route, in an administrative area or at the request of the fund granting body;

b) In case the form of project management under Point a of this Clause is not applied, the investment-decision maker shall decide to apply the form of single-project PMB or the investor shall manage the project by itself or engage a project management consultant to do it.

2. For a project funded by state capital other than public investment capital or other funds, the investment-decision maker shall select the project management form specified in Clause 1, Article 62 of the Construction Law 2014, amended in Clause 19, Article 1. Law No. 62/2020/QH14, in accordance with management requirements and project specific conditions.

3. With regard to projects funded by ODA or concessional loans granted by foreign donors, organizations in charge of CPM shall comply with regulations of international agreements on ODA or agreements with donors. If the international agreements on ODA or agreements with donors do not promulgate organizations in charge of CPM, it shall comply with this Decree.

4. For PPP projects, the project management form shall comply with the provisions at Points a, b, c and d, Clause 1, Article 62 of the Construction Law 2014, amended in Clause 19 of Article. 1 of Law No. 62/2020/QH14 in accordance with management requirements, project specific conditions and arrangements in the project contract.

Article 21. Organization and operation of field-based PMB or area-based PMB

1. The competent person establishing field-based PMB or area-based PMB shall decide number, functions, tasks, organizational structure and operation of field-based PMBs or area-based PMBs manage the project in accordance with management requirements and project specific conditions.

2. Competence to establish and organize operation of the field-based PMB or the area-based PMB:

a) Heads of central agencies, Presidents of People's Committees of provinces and districts shall set up field-based PMBs and area-based PMBs to act as investors of a number of projects and, at the same time, manage multiple projects funded by public investment capital under their management.

In case the General Director is authorized or designated by the Minister to decide construction projects in the same field, route or in the same administrative area, depending on the number and scale of projects to be assigned or designated, the Minister may assign the General Director to establish field-based PMBs and area-based PMBs to manage these projects;

b) For projects funded by state capital other than public investment capital or other funds, the competent representatives of agencies, organizations or enterprises shall establish field-based PMBs, area-based PMBs according to management requirements and project specific conditions;

c) Field-based PMBs and area-based PMBs established by competent agencies as prescribed at Point a of this Clause are public sector entities. The organizational structure of a field-based PMB or area-based PMB complies with Clause 5 of this Article.

3. The number of field-based PMBs and area-based PMBs to be established shall be considered by the establishment-decision maker, in specific:

a) For ministries, central agencies: Field-based PMBs or area-based PMBs shall be established suitable for the field of their management or requirements for infrastructure at administrative divisions. The organization of field-based PMBs or area-based PMBs affiliated to the Ministry of National Defense or the Ministry of Public Security shall be decided by their Ministers that suitable for particular requirements of field management;

b) For provincial level: The President of the People’s Committee of province shall decide to establish field-based PMBs, area-based PMBs to manage construction projects according to their assigned fields as classified in Appendix IX hereto or according to the construction investment area;

c) For district level: The President of the People's Committee of district shall establish field-based PMBs and area-based PMBs to manage construction projects with the investment decision made by the People's Committee of district and construction projects with the investment decision made by the People's Committee of commune upon request.

4. The field-based PMB or the area-based PMB may provide project management consultancy for other projects or perform some consultancy work provided that it ensures the fulfillment of the assigned project management and qualified for consultancy of such projects.

5. Field-based PMBs or area-based PMBs shall be organized in conformity with their tasks, number and scope of their projects and consist of:

a) The Board of Directors, project managers and affiliated units that help the field-based PMB or the area-based PMB to act as the investor and manage the project;

b) The project manager of the field-based PMB or the area-based PMB must be qualified as prescribed in Article 73 of this Decree; persons in charge of specialized fields must obtain practice certificates of construction supervision, construction valuation with the rank appropriate to the project group, class of works and jobs undertaken.

6. The operation regulation of the field-based PMB or the area-based PMB shall be approved by the establishment-decision maker, which clarifies rights and obligations of departments acting as the investor and departments managing the project in accordance with law on construction and relevant law provisions.

Article 22. Single-project PMB

1. For construction projects not falling into the cases specified at Point a, Clause 1, Article 20 of this Decree or projects of special nature, according to the decision on approval for construction project, the investor shall establish a single-project PMB to manage one or certain construction projects under its management.

2. The single-project PMB is an organization affiliated to the investor which uses its own seal and open its account at a State Treasury and a commercial bank as prescribed; exercise rights and fulfill obligations of the investor; take legal liability and be held accountable to the investment-decision maker for its operation.

3. The project manager of the single-project PMB must be qualified as prescribed in Article 73 of this Decree; persons in charge of specialized fields must obtain practice certificates of construction supervision, construction valuation with the rank appropriate to the project group, class of works and jobs undertaken.

4. The investor shall define the functions, tasks, entitlements and organizational structure of the single-project PMB as prescribed in Clause 2 Article 64 of the Law on Construction dated 2014.

5. The single-project PMB as provided for in this Article dissolves itself after the completion of the project management.

Article 23. The investor managing a project by their own

1. The investor shall use its legal status and professional apparatuses with all conditions and capacities to manage a construction project. In case of ineligibility for the management, the investor may hire organizations or individuals that are qualified under this Decree to engage in the project management.

2. The project manager must fully meet the eligibility specified in Article 73 of this Decree, except for the management of a construction project requiring an economic-technical report.

3. Individuals engaged in the project management shall work on a full-time or part-time basis subject to the investor's decision and must have professional expertise suitable to the requirements of the tasks taken.

Article 24. Engaging construction project management consultancies

1. The construction project management consultancy may partially or totally construction project management tasks according to the agreement concluded with the investor.

2. The selected construction project management consultancy must send notifications of rights and obligations of the representative and the steering apparatus of project to the investor and relevant contractors.

3. The investor must observe the execution of construction project management consultancy contract, deal with issues arising between the construction project management consultancy, contractors and local governments during the project process.

4. The selection of the construction project management consultancy contractor must comply with the provisions of the law on procurement for the projects governed by the law on procurement.