Chương IV Nghị định 40/2020/NĐ-CP: Quản lý thực hiện nhiệm vụ chuẩn bị đầu tư, nhiệm vụ quy hoạch và dự án đầu tư công không có cấu phần xây dựng

Chapter IV

MANAGEMENT OF IMPLEMENTATION OF INVESTMENT PREPARATION, PLANNING TASKS AND PUBLIC INVESTMENT PROJECTS WITHOUT CONSTRUCTION COMPONENTS

Article 25. Conduct of management of implementation of investment preparation, planning tasks and public investment projects without construction components

1. Heads of agencies assigned by competent authorities to formulate the national master plan, the national marine spatial planning scheme, the national land use planning scheme, the regional planning scheme, and heads of agencies assigned to formulate the national industry planning scheme or provincial planning schemes, shall be authorized to decide organizational forms and structures for management of implementation of planning tasks according to management requirements and specific conditions of these tasks, including: Management board, hiring of independent consulting service providers for management or authorization given assigned agencies for their direct management on their own.

2. Costs of management of implementation of planning tasks shall be subject to regulations on costs of management of projects under laws on construction.

3. Ministers, Heads of central regulatory authorities and Presidents of People’s Committees at any relevant level may decide organizational forms and structures for management of implementation of the task of investment preparation according to managerial requirements and specific conditions of the task and relevant specialized laws, including: Management board, hiring of independent consulting service providers for management or authorization given assigned agencies for their direct management on their own.

4. Persons having competence in making decisions on investment in projects without construction components prescribed in the Law on Public Investment may decide organizational forms and structures for management of implementation of the task of carrying out public investment projects according to managerial requirements and specific conditions of the particular project and relevant specialized laws, including: Management board, hiring of independent project management service providers and project owners’ direct management on their own.

5. Organizational forms and structures for management of projects without construction components that use ODA capital or concessional loans of foreign donors shall conform to regulations laid down in ODA treaties or other agreements with donors. Unless specified in these treaties or agreements, organizational forms and structures for project management shall conform to regulations laid down in clause 4 of this Article.

6. Emergency projects without construction components:

a) Authorities having competence in making decisions on investment in these projects may decide organizational forms and structures for management thereof; conduct the supervision of implementation thereof, acceptance testing, commissioning and transfer of completed ones in accordance with laws on public investment and other provisions of relevant legislation;

b) Authorities having competence in making decisions on investment in these projects can authorize project owners to decide and bear responsibility for organizational forms or structures for management of implementation thereof from the stage of formulation of these projects to the stage of completion and operation thereof, as well as be held liable for such authorization.

Article 26. Project design

1. Authorities having competence in making investment decisions may decide the project design plan that ensures effectiveness in management of implementation of projects. These plans shall be as follows:

a) One-step design is a detailed design composed of documents represented by interpretations, maps and descriptions of design elements and other technical requirements that need to be met;

b) Two-step design includes fundamental designs and detailed designs. Fundamental design is composed of documents represented by interpretations and maps preliminarily showing technical infrastructure designs and other information that assure description of design plans. The following-step design must be corresponding to main data and information shown in the previous-step design.

2. Elements and components of project design plans prescribed in clause 1 of this Article shall be subject to regulations of specialized laws.

3. The number of steps in design of public investment projects without construction components that use ODA capital or concessional loans of foreign donors shall conform to regulations laid down in ODA treaties or other agreements with donors. Unless specified in these treaties or agreements, the number of design steps shall conform to regulations laid down in clause 1 of this Article.

Article 27. Items and determination of total investment capital of public investment project

1. Preliminary calculation of total investment capital of a project is an estimate of investment costs of the project that are made according to subject matters of the pre-feasibility study report for a group-A public investment project or investment policy recommendation report for a group-B or C public investment project;

Preliminary total investment capital of a public investment project shall be calculated on the basis of the size, capacity or operational capacity and rate on investment (if any) of a project, or data on costs of completed or under-development projects that are similar in terms of the type, size and characteristics, together with any modification or supplementation of other necessary expenses.

2. Total investment capital is all costs of investment in a projects which is specifically determined to ensure their conformity to the one-step or two-step design prescribed in clause 1 of Article 26 herein, and to other components of a feasibility study report of the project;

Total investment capital is composed of pre-investment costs; costs of purchase of property, houses and land; costs of input materials, accessories, machinery details and equipment costs; costs of personnel wages and salaries; consultancy costs; contingent costs for any additional workload and price slippage; management costs and other cost elements.

3. Costs incurred from total investment capital shall be composed of the followings:

a) Pre-investment costs;

b) Costs incurred from purchase of property, houses and land;

c) Costs incurred from input materials, accessories or machinery details used for execution of projects;

d) Equipment costs, including costs incurred from purchase of equipment and technological equipment, training and technology transfer costs (if any), installation, testing, calibration and other associated costs;

dd) Costs incurred from wages and salaries paid staff and workers for execution of projects;

e) Transportation and insurance costs; taxes, fees and other associated costs;

g) Consultancy costs, including costs of survey consultancy, preparation of pre-feasibility study reports, investment policy recommendation reports, feasibility study reports; design, supervisory and other related consultancy costs (if any);

h) Contingent costs, including provisions for additional workload and price slippage factors during the period of execution of projects;

i) Management costs and other cost elements.

4. Regulatory authorities assigned state management of sectors and industries shall specify standards, norms, details and methods of valuation of costs which serve as a basis to determine total investment in projects in the sectors or industries under their remit.

5. Methods for valuation of specific costs constituting total project investment capital shall be described as follows:

a) Costs of purchase of property, houses and land shall be determined on the basis of size, capacity or operational capability thereof according to fundamental designs, and aligned with the time of formulation of the proposal for total investment capital and project sites;

b) Costs of input materials, accessories and machinery details (if any) for project implementation purposes which are calculated according to the quantity and quality requirements and at market prices;

c) Equipment costs shall be determined on the basis of the quantity, types of equipment, or costs of equipment systems shall be determined according to the selected technological, engineering and equipment plan, market prices and other associated costs;

d) Costs of wages and salaries shall be determined on the basis of normative and employee pay standards prescribed in law;

dd) Transportation, insurance, taxes and other associated costs shall be determined according to laws and at the prices of transportation fares;

e) Consultancy costs shall be determined on the basis of consultancy services for similar projects which have already been rendered, or determined by estimating specific consultancy costs according to norms (if any) or at market prices;

g) Contingent costs of additional workload and price slippage likely to occur during the period of implementation of projects shall be determined according to the percent (%) ratio of these costs to total investment capital and specific cost elements prescribed in clause 3 of this Article;

h) Management and other costs shall be determined according to laws and characteristics and organizational forms of projects.

Article 28. Components and determination of project cost estimates

1. A project cost estimate is all costs necessary for implementation of the project which are determined at the stage of implementation of projects according to feasibility study reports of projects and approved project designs; other requirements of work items to be done.

2. Components of a project cost estimate are all costs specified in clause 3 of Article 27 herein.

3. Project cost estimate shall be made on the basis of calculation of the costs prescribed in clause 3 of Article 27 herein at the time of formulation of such estimate and according to regulations on standards, norms and methods adopted by competent authorities.

Article 29. Authority to appraise and approve project designs and estimates

1. For projects under the control of ministries or central regulatory bodies, competent units assigned these tasks by ministries or central regulatory bodies shall preside over the appraisal of project designs and investment cost estimates, and submitting them to authorities having competence in making investment decisions to seek their approval of projects designed according to the one-step process. Project owners shall approve detailed designs and estimates in case of carrying out the two-step design process. Approval of detailed designs and estimates shall be granted in a manner of concurrence and non-separation of detailed designs from estimates.

2. For projects under the control of provincial-level People’s Committees, competent units assigned these tasks shall preside over or cooperate with specialized departments in the appraisal of project designs and investment cost estimates, and submitting them to Presidents of provincial-level People’s Committees or agencies authorized or mandated to make investment decisions to seek their approval of projects designed according to the one-step process. Project owners shall approve detailed designs and estimates in case of carrying out the two-step design process. Approval of detailed designs and estimates shall be granted in a manner of concurrence and non-separation of detailed designs from estimates.

3. For projects under the control of district or commune-level People’s Committees and those projects obtaining investment decisions made under authorization or mandate by provincial-level People’s Committees, competent units assigned these tasks under the authority of district or commune-level People’s Committees shall preside over or cooperate with specialized departments in the appraisal of project designs and investment cost estimates, and submitting them to Presidents of People’s Committees at the same level to seek their approval of projects designed according to the one-step process. Project owners shall approve detailed designs and estimates in case of carrying out the two-step design process. Approval of detailed designs and estimates shall be granted in a manner of concurrence and non-separation of detailed designs from estimates.

Article 30. Processes, procedures and time limits for the appraisal of project designs and cost estimates

1. Project owners send project design and cost estimate documents, and authorize competent units assigned these tasks to carry out the appraisal according to the subject matters specified in Article 31 herein.

2. Competent units assigned the task of appraisal shall preside over or cooperate with related agencies in carrying out the appraisal of elements of project designs or cost estimates specified in Article 26 and 28 herein. In order to carry out the appraisal, authorities presiding over appraisal may hire independent qualified entities or persons to take part in the appraisal of specific parts of project designs or cost estimates serving their appraisal purposes.

3. Time limits for appraisal of project designs or cost estimates by authorities presiding over such appraisal from the date of receipt of full and valid required documents shall be as follows:

c) Group-A public investment projects: Not exceeding 40 days;

b) Group-B public investment projects: Not exceeding 30 days;

c) Group-C public investment projects: Not exceeding 20 days.

Article 31. Subject matters of appraisal and approval of project designs and cost estimates

1. Subject matters of appraisal of project designs and cost estimates shall include those specified in Article 26 and 28 herein and others prescribed in clause 2 of this Article.

2. Information shown in the approval of project designs and cost estimates, including:

a) General information about the project: Project title and items (specifying the project group); project owner, design contractor; project site (if any);

b) Scale, technology, technical parameters, main economic and engineering indicators of the project;

c) Main applicable national technical regulations and standards;

d) Main design solutions of specific project items and the entire project;

dd) Investment cost estimate;

e) Compulsory requirements concerning completion of supplementation of design documentation and other relevant matters (if any).

3. Time limits for the approval of project designs and cost estimates: Authorities having competence in making investment decisions shall approve project designs and cost estimates from the date of receipt of full and valid documents as follows:

c) Group-A public investment projects: Not exceeding 15 days;

b) Group-B public investment projects: Not exceeding 10 days;

c) Group-C public investment projects: Not exceeding 5 days.

Article 32. Documentation requirements for appraisal of project designs and cost estimates

1. Application or request forms for appraisal of project designs.

2. Interpretations about project designs, design drawings (if any) and other relevant survey documents.

3. Copies of investment policy decisions for projects (except those not subject to requirements concerning approval of investment policy decisions as provided in clause 6 of Article 18 in the Law on Public Investment) and investment decisions, enclosing the approved design documentation.

4. General reports of project owners on conformance of design documentation to regulations in force.

5. Project investment estimates.

Article 33. Commissioning and operation of projects

1. A project shall be brought into operation after completion of investment according to the approved design, and if they have already operated according to technical requirements and have already met quality standards after commissioning or acceptance testing.

2. Depending on particular conditions of each project, each project item, subproject or the entire completed project may be transferred for operational operation and commercial uses.

3. Records or reports on commissioning or acceptance testing of specific project items, subprojects or the entire completed project shall serve as a basis in order for project owners to bring a project into operation and settle all investment costs accrued from the completed entire project in accordance with regulations in force.

4. All completed projects shall be subject to the requirement for discharge of all financial obligations arising therefrom in accordance with regulations in force.

5. Project transfer documents shall be comprised of project finalization documents, operational guides or manuals, and project maintenance terms and conditions.

6. Investment documentation must be deposited in accordance with legislative laws on state archives.

Article 34. Termination of investment in public investment projects

1. Investment in a public investment project shall be ended when the project owner is already given the project transfer, and upon expiration of the project warranty term.

2. Before transfer of a public investment project, the contractor must move all of their property (if any) out of the project site.

Article 35. Project operation

1. After receipt of the transferred project, the project owner or the entity assigned to manage the project shall be responsible for operating and exploiting it to ensure its performance and efficiency according to the approved socio-engineering purposes and indicators.

2. The project owner or entity assigned to manage the project shall be responsible for carrying out maintenance, repair and care of the project in accordance with regulations in force.