Chương IV Nghị định 27/2022/NĐ-CP quy định về cơ chế quản lý, tổ chức thực hiện các chương trình mục tiêu quốc gia: Cơ chế đặc thù trong tổ chức thực hiện dự án đầu tư xây dựng quy mô nhỏ, kỹ thuật không phức tạp

Chapter IV

DEDICATED MECHANISM FOR IMPLEMENTATION OF SMALL-SCALE AND UNCOMPLICATED-TECHNIQUE CONSTRUCTION PROJECTS

Article 13. Principles of dedicated policy-based implementation of construction projects

1. The public involvement in the process of formulation of dossiers, construction and maintenance shall be required for dedicated mechanism-based implementation of small-scale and uncomplicated-technique construction projects. The percentage of construction projects implemented according to the dedicated mechanism shall be subject to the provincial People’s Council’s decision.

2. The state budget shall provide partial grants while the rest of funds shall come from public contributions and other local lawful funds for implementation of these construction projects. For projects to be carried out at extremely underprivileged communes or villages, the state budget shall offer the full grants. The amount of state budget funding for a single project shall be decided by local regulatory authorities.

3. Public contributions, maybe in cash, in kind or in working days converted into money, must be included in the value of a construction project for the purposes of monitoring and control of agreed contribution rates; must be exempted from being accounted for as state budget revenues or expenditures.

4. Local workforce and materials used for dedicated policy-based implementation of construction projects are preferred. Cost proposals used for formulation of project dossiers shall be formulated according to market prices.

5. The amounts of state budget grants for implementation of construction projects shall be paid on the basis of successfully-tested completed quantities validated by commune-level People's Committees.

Article 14. Criteria for selection of construction projects to be implemented according to the dedicated mechanism

1. They are classified as one of the items of a national target program.

2. Each project of this kind is located within a commune and is put under the control of the commune-level People's Committee.

3. Total investment in each construction project is not greater than 05 billion dong.

4. Each project has uncomplicated techniques, sample or prototypical design or any available design in use in the district where it is intended for implementation.

5. Each project is on the list of projects eligible for the dedicated mechanism that is made known to the public by the provincial People's Committee.

Article 15. Formulation of simplified construction dossiers

1. With respect to construction projects to be implemented according to the dedicated mechanism, formulation of simplified construction economic-technical reports (briefly called simplified construction dossiers).

2. Each simplified construction dossier shall include

a) Project title, investment objectives, construction location, usable land, project investor, project scale and duration.

b) Total investment amount and structure of investment funds, including: State budget grants (e.g. central budget, local budget at all levels), public contributions and other lawful funds.

c) Construction drawing based on sample or prototypical design or available design already in use in the district where a project is located; schedule of construction costs.

d) Proposed capabilities of self-implementation of the public or community benefiting from the project; plan for contractor selection in which local community is involved.

3. Formulation of simplified construction dossiers

a) Based on the local plan to offer local investment support, instruct competent local authorities and commune-level Project Management Boards to advise village-based local community of the project or work for their participation in the process of formulation of simplified construction dossier.

b) Each Project Management Board formulates the simplified construction dossier for submission to the commune-level People’s Committee for its review and approval.

c) Where the commune-level People’s Committee assigns any village-level regulatory authority to implement the work, the Village Development Board shall formulate the simplified construction dossier for submission to the commune-level People's Committee for its review and consent.

4. Where there is any issue or problem arising from formulation of the simplified construction dossier, the commune-level People’s Committee shall request the district-level People’s Committee to assign its subordinate to appoint its qualified personnel to assist in formulation of the simplified construction dossier.

Article 16. Review of simplified construction dossiers and approval of investment in construction projects

1. Each dossier submitted for review shall be composed of: The simplified construction dossier prescribed in clause 2 of Article 15 herein; minutes of the meeting of local community; legal documents and records related to construction activities (if any).

2. Conducting the review of the simplified construction dossier

a) Commune-level People’s Committees shall have the burden of reviewing the simplified construction dossiers. Each review team is joined by the President of the commune-level People's Committee as the team leader; representatives of the Public Supervision Board of the commune, commune-level officers in charge of land, agriculture, construction, environment, finance and accounting fields; professionals or qualified persons nominated by the public (if any).

b) Where commune-level People’s Committees are not competent to conduct the review of the construction dossiers, they can request the district-level People’s Committees in writing to assign its functional subordinates to conduct the review.

3. What to be reviewed

a) Consistency of the project with the local construction or land use planning schemes and other relevant planning schemes.

b) Alignment of the construction drawing with the actual condition of construction ground; safety level and solutions for adjacent infrastructure, conformance to environmental protection requirements; technical feasibility, self-implementation capabilities of local community and organizations assigned to work on the project.

c) Rationality of costs to be assessed when they are compared with local market prices and those of other similar projects in the past and in progress (if any).

d) Capacity to mobilize funds according to the funding structure, including: Capacity to provide state budget funds compared to the mid-term plan during the 5-year period approved by the competent authority; contributions of organizations, individuals; and other lawfully mobilized funds.

dd) Planned construction schedule.

4. Duration of each review and reporting of review results: Agencies conducting the review of simplified construction dossiers shall send written review reports to commune-level People’s Committees within 10 working days of receipt of all legally required documents.

5. Investment project approval:

a) Based on the opinions obtained after completion of the review, the commune-level Project Management Board or the Village Development Board completes the dossier for submission to the President of the commune-level People's Committee to seek its approval of the investment project.

b) As for new projects receiving annual funds, the duration of approval of the investment project must precede the date of assignment of the detailed budget for implementation of the project.

Article 17. Selection of contractors executing construction contracts as part of small-scale and/or uncomplicated-technique construction projects

1. The approach to selection of contractors executing construction contracts as part of small-scale and/or uncomplicated-technique construction projects that is approved according to the contractor selection plan shall be the public participation in the contractor selection process.

2. Principles of selection of contractors participating in the contracts in which public involvement is required

a) Local community, mass organizations and groups of construction workers must be residents of the commune where the project is located; those who have professional experience and technical qualification in terms of implementation of small-sized and uncomplicated construction contracts.

b) Where there is none of local community, mass organizations and groups of construction workers at the commune qualified for implementation of the contract; or selection thereof is failed, the commune-level People’s Committee may extend its choice to the district.

c) Where there is none of local community, mass organizations and groups of construction workers at the district qualified for implementation of the contract; or selection thereof is failed, the commune-level People’s Committee may appoint a cooperative to execute the contract.

3. Legal status of local cooperatives, community, mass organizations, groups of construction workers executing the contracts

a) Representatives of local community, mass organizations or groups of construction workers must have full capacity to perform civil acts as per law; are not criminally prosecuted; are appointed by local community, mass organizations or groups of construction workers to act on their behalf to conclude the contract.

b) Cooperatives participating in execution of the contract must have their main offices at communes or districts where the projects are located, preferably those cooperatives whose main offices are located at the communes where the projects are located; have dossiers proving capacity and experience of execution of similar projects; and make commitment to hiring direct builders that are residents of the communes where the projects are located.

4. Contractor selection procedures:

a) The commune-level Project Management Board drafts the contract, including requirements concerning the scope and items of work that need to be done, quality, expected progress, contract price, rights and obligations of involved parties.

b) The commune-level Project Management Board publicly posts the notice (within at least 3 working days) regarding the invitation for bid for implementation of the contract at the office of the commune-level People's Committee and by means of communication at the commune or other community gathering places. The notice should clarify the time of meeting in which plans for implementation of the contract are discussed.

c) The contractor interested in the investment project receives and studies the draft contract, and then prepares the registration form for implementation of the contract or the project, including: Full name, age, capacity and experience corresponding to the characteristics of the contract, of members participating in implementation of the contract; awarding price and project implementation timeline.

d) The commune-level Project Management Board considers and assesses the candidates; selects the best contractor; invites the representative to enter into the negotiation prior to conclusion of the contract, preferably cooperatives, mass organizations, groups of construction workers hiring the workforce that are residents living in poor households, near poor households, households newly escaping from poverty or ethnic people.

dd) The maximum period from the date of public notice of invitation for bid for implementation of the contract to the date of conclusion of the contract shall be 15 days.

5. Where the local community directly benefiting from the project is qualified for management and execution of the uncomplicated-technique construction project in which total investment is less than 500 million dong, the commune-level People's Committee may apply the mechanism for assigning local community to autonomously implement the project according to the support norm set out by the provincial People's Committee.

Article 18. Organization and management of construction, acceptance testing of construction work, payment and settlement of funds for implementation of construction projects

1. Construction organization

a) Based on the decision on approval of investment project, results of selection of the construction unit and the budget assignment plan, the commune-level Project Management Board proceeds to enter into the contract with the representative of the local community, organization or group of construction workers awarded the contract in order for such contract to be executed.

b) Where the mechanism prescribed in clause 5 of Article 17 herein is applied, based on the decision to approve the investment project, the commune-level Project Management Board signs the contract with the Village Development Board to execute the contract.

2. Construction quality management and supervision

a) Commune-level People’s Committee carries out the management of quality, progress, quantities, occupational safety and environment, and construction costs according to the dedicated mechanism.

b) The commune-level Project Management Board and Supervision Board of the local community living in the commune are responsible for superintending the construction process.

c) Procedures and processes for construction quality management shall follow the instructions of the Ministry of Construction.

3. Acceptance testing of construction work, payment and settlement of construction costs

a) The commune-level Project Management Board conducting the acceptance testing of construction work shall be composed of the followings: Representative of the commune-level People’s Committee, Supervision Board of the local community of the commune; representative of the local community, mass organization, group of construction workers or cooperative; other participants subject to the decision of the commune-level People’s Committee.

b) Procedures and processes for payment and settlement of costs of projects or construction works eligible for the dedicated mechanism shall be subject to the instructions of the Ministry of Finance.

4. Costs of preferential treatment towards investment preparation, project management shall be subject to law on investment and construction.

Article 19. Operational management and maintenance of investment projects eligible for the dedicated mechanism

1. Pursuant to the regulations of the provincial People’s Committees, commune-level People’s Committees shall perform the following tasks:

a) Assign the commune-level Project Management Board or the Village Development Board to directly manage operation of construction works; the commune-level Project Management Board to develop the maintenance plan.

b) Decide the maintenance plan and choose the local community, mass organization, group of construction workers or cooperative to carry out the maintenance of construction works.

2. Activities involved in the maintenance of a construction work

a) Quality inspection, maintenance and repair.

b) Replacement of items or equipment without any change in the usability and scale of the construction work.

3. Maintenance procedures, tasks involved and norms of costs of such maintenance shall follow the instructions of the Ministry of Construction.