Chapter VII
RIGHTS AND OBLIGATIONS TO CONSTRUCTION COST MANAGEMENT OF THE INVESTMENT DECIDER, INVESTORS, BUILDING CONTRACTORS
Article 30. Rights and obligations of the investment decider
1. The investment decider is entitled to:
a) Approve or authorized another person to approve the total investment, construction estimate, adjusted total investment, and adjusted construction estimate;
b) Decide the contract value in the contractor selection plan, type and format of the contract;
c) Accept the selection of a qualified cost management organization as prescribed in the Decree on construction project management to verify the total investment and construction estimate, which are the basis for appraising and granting approval;
d) Exercise other rights to cost management prescribed by relevant regulations of law.
2. The investment decider is obliged to:
a) Ensure sufficient capital sources to pay for the project and works according to the approved schedule;
b) Approve cost statements on schedule;
c) Fulfill other obligations related to cost management prescribed relevant regulations of law.
Article 31. Rights and obligations of investors
1. The investor is entitled to:
a) Decide the method of determining the total investment. Adjust the expenditures in the total investment without exceeding the approved total investment;
a) Adjust and approve construction estimate without exceeding the approved construction estimate;
c) Appraise, verify, and approve the construction contract estimate, which is the basis for making bidding documents or request for proposals serving contractor selection;
d) Decide the use of construction norms, construction prices when making the construction estimate, construction price indexes of the construction and the construction contract;
dd) Hire a qualified construction cost management organization as prescribed in the Decree on construction project management to make, verify, control, and manage construction cost;
e) Claim damages or file lawsuits as prescribed by law in case of against lateness of the reimbursing body;
g) Approve changes to construction solutions and technical requirements proposed by contractors as long as quality, progress, safety, and environmental protection are ensured and values of concluded contracts are not changed. Control the changes during the construction process related to changes in construction costs or construction progress acceleration;
h) Approve changes in building materials proposed by the engineering consultant or building contractor as long as the technical value, aesthetic value, quality, and construction progress are ensured according to the concluded contract;
i) Perform some construction consultancy tasks if qualified;
k) Exercise other rights to cost management prescribed by relevant regulations of law.
2. The investor is obliged to:
a) Organize the project planning, request competent authorities to appraise and approve the total investment or adjusted total investment;
b) Organize the making of and adjustment to construction estimate, and then submit it to a competent authority for appraisal and approval;
c) Organize the determination of new or adjusted construction estimate norms of the construction, which are the basis for construction cost management;
d) Organize the determination of construction prices, construction price indexes of the construction or the contract;
dd) Give advances, make payments, and finalize contracts in accordance with regulations in the contracts with contractors;
e) Organize the control of construction costs as prescribed;
g) Decide and take responsibility for the accuracy and rationality of the amounts payable to contractors by the reimbursing body;
h) Organize the making of the cost statement of the completed construction in accordance with Article 29 of this Decree;
i) Buy mandatory construction insurance;
k) Fulfill other obligations related to cost management prescribed relevant regulations of law.
Article 32. Rights and obligations of advisory contractor
1. The advisory contractor is entitled to:
a) Provide consultancy on cost management within their competence as prescribed in the Decree on construction project management;
b) Request the investor and relevant parties to provide information and documents serving the cost management;
c) Refuse to perform the tasks that are not related to cost management consultancy under the concluded contract;
d) Request the investor to pay for the costs under the concluded contract; have the late payment interest covered;
dd) Exercise other rights under the cost management consultancy contract and relevant regulations of law.
2. The advisory contractor is obliged to:
a) Perform the consultancy tasks under the concluded contract;
b) Take legal responsibility to the investor for result of cost management consultancy and pay compensation for any damage to the investor (if any) under regulations of law on contracts and relevant regulations of law;
c) Do not reveal information and documents about the cost management consultancy provided by the consultant without the consent of the investor or a competent authority;
d) Fulfill other obligations under the contract and relevant regulations of law.
Article 33. Rights and obligations of the building contractor
1. The building contractor is entitled to:
a) Decide the construction norms, construction prices, and relevant costs when making bids;
b) Change the construction solution during the construction process as long as the quality, progress, safety, and environmental protection is ensured, the investor or the investor’s legal representative approves, and the value of the concluded contract is not changed;
c) Actively use the advances and payment for quantity of construction to serve the construction;
d) Make proposals and negotiate with the investor about construction norms and construction unit costs for additional works that arise during the contract execution;
dd) Request payment for late payment interest; claim compensation for damage caused by delay in transferring the construction site and other damage that is not caused by the building contractor;
e) Exercise other rights under the contract and relevant regulations of law.
2. The building contractor is obliged to:
a) Buy insurance for works at the construction site;
b) Pay compensation for damage to the investor and relevant parties (if any) on account of the building contractor according to regulations of law on contracts and relevant regulations of law;
c) Fulfill other obligations under the contract and relevant regulations of law.
Tìm kiếm
Nghị định 32/2015/NĐ-CP (Bản Word)
Nghị định 32/2015/NĐ-CP (Bản Pdf)