Chương I Nghị định 59/2015/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope

This Decree provides guidance on construction project management (hereinafter referred to as CPM) as prescribed in the Law on construction dated 2014, including: formulation, appraisal, approval for projects; execution of projects; and completion and inauguration of the project; forms and contents of CPM.

Projects funded by official development assistance (ODA) and concessional loans granted by foreign donors shall comply with this Decree and regulations on management and use of ODA and concessional loans granted by foreign donors.

2. Regulated entities

This Decree applies to every domestic agencies, organizations, and individuals; foreign organizations and individuals carrying out construction investment within Vietnam’s territory.

Article 2. Interpretation of terms

1. Permanent work or permanent work item of a construction project means a work or a work item whose scope and performance have major impact on the project targets.

2. Construction work having significant impact on community safety shall be prescribed by the Decree on quality control and construction maintenance.

3. Construction work having significant impact on environment means a work of the project prescribed in law on environment protection and subject to environmental impact appraisal reports.

4. Construction work having significant impact on scenery means a work subject to competitive examination and recruitment of architecture designer as prescribed in Article 15 of this Decree.

5. Route-based construction work means a construction work which is constructed along a given route in one or multiple administrative divisions, such as: roads; railway; electric transmission lines; telecommunications cables; oil pipelines, gas pipelines and water supply system; and other similar works.

6. Residential construction project means a residential construction project which is carried out according to approved planning together with synchronous technical and social infrastructure and comprises at least two residential works.

7. Project manager means a person who is assigned to hold the position of leader in charge of a particular construction project by the Director of field-based or area-based project management board (hereinafter referred to as field-based PMB or area-based PMB) or the legal representative of the CPM consultancy.

8. Construction operating license means a license issued to the foreign contractor winning a contract by Vietnamese competent agencies as prescribed in regulations of law.

9. Construction permit by stages means a license issued to the investor to construct each work item, such as: foundation, piles, and main structures; or carry out each work of the construction project.

10. Foreign contractor means a foreign organization having civil legal capacity or a foreign individual the having civil legal capacity to conclude and execute the contract. Civil legal capacity and civil dispositive capacity of the foreign contractor shall be determined according to the law of their home country. The foreign contractor may be a general contractor, a prime contractor, a partnership contractor or a sub-contractor.

11. General contractor executing EPC contract (Engineering, Procurement and Construction) means a contractor that designs the installation, procures the technological equipment and execute the construction of a project.

12. General contractor of a turnkey project means a contractor that sets up the project, designs the installation, procures the technological equipment and executes the construction of a project.

13. Executive office means an office of the foreign contractor that is registered to operate in the local government where the constructions works are located after the construction operating license is received. The executive office shall only operate within the term of contract and it shall be dissolved when the contract expires.

14. Capital derived from loans, bonds, funds, etc means state capital as prescribed in regulations of law, excluding government budget capital.

Article 3. Basis rules for CPM

1. Each construction project shall be managed according to investment plan or policies in accordance with Article 51 of the Law on Construction dated 2014 and relevant law provisions.

2. Specific regulations on responsibility and entitlement of State management agencies, investment decision maker, investor and organizations or individuals related to construction activities of the project shall be imposed.

3. The project shall be managed in conformity with types of capital source used for the project as follows:

a) Every construction projects funded by government budget shall be managed closely, comprehensively and in order to ensure achievement of investment targets, quality, rate of progress, cost savings and project proficiency;

b) Investment project in the form of Public – Private Partner (PPP) of which the construction phase is managed similarly to the project funded from capital derived from loans, bonds, funds, etc as prescribed in this Decree and other relevant law provisions;

c) Every construction projects funded from capital derived from loans, bonds, funds, etc shall be managed by the State in investment policies, objectives, scope, expenditures, impacts of the project on scenery, environment, community safety, national defense and security and efficiency. The investor shall take responsibility for managing the project as prescribed in this Decree and other relevant law provisions;

d) Every construction projects funded from other capital sources shall be managed by the State in investment objectives, scope and impacts of the project to scenery, environment, community safety and national defense and security.

4. Construction investment activities shall be managed according to the rules prescribed in Article 4 of the Law on Construction dated 2014.

Article 4. Construction project owner

The construction project owner (below referred to as project owner) prescribed in Clause 9 Article 3 of the Law on Construction dated 2014 shall be appointed by the investment decision maker, in particular:

1. With regard to projects decided by the Prime Minister, the investor shall be appointed by the Prime Minister. The investor shall exercise entitlement of the person in charge of deciding construction investment, approving designs and construction estimate.

2. With regard to projects funded by government budget capital or capital derived from loans, bonds, funds, etc which are decided by Ministers, Heads of ministerial-level agencies, Governmental agencies, central agencies of political organizations and socio-political organizations, Presidents of the provincial People’s Committees, Presidents of People’s Committees of districts, their investors shall be field-based PMBs or area-based PMBs which are established as prescribed in Article 63 of the Law on Construction dated 2014 or agencies, organizations and units that are assigned to manage and use capital to invest in construction of works. With regard to projects funded by budget of communes, the investor shall be People’s Committees of communes. With regard to projects in terms of national defense and security, the investor shall be appointed by the investment decision maker in conformity with particular condition.

3. With regard to projects funded by loans, bonds, funds, etc that decide by economic groups or state-owned general companies, the investor shall be the field-based PMB or the area-based PMB established by such companies or organizations and units that are assigned to manage and use capital to invest in construction of works.

4. With regard to projects funded by other capital sources, the investors shall be agencies, organizations, and individuals having capital or applying for loans for construction investment. With regard to projects funded by combined capital, capital contributors shall reach an agreement on investors.

5. With regard to PPP projects, the investor shall be project management enterprises set up in accordance with regulations of law.

Article 5. Classification of construction projects

1. Construction projects shall be classified according to their size, characteristics, type of Permanent Works of the project, including: projects of national importance, projects group A, projects group B and projects group C as prescribed in law on public investment and Appendix I issued herewith.

2. Construction projects requiring construction investment economic-technical reports include:

a) Constructions works used for religious purposes;

b) New, repaired, innovated or upgraded constructions works with total investment of less than VND 15 billion (excluding land levies).

3. Construction projects classified according to their types of capital sources, including: projects funded by government budget capital and projects funded by capital derived from loans, bonds, funds, etc and projects funded by other capital source.

Article 6. The construction project phases

1. The construction project shall include following phases as prescribed in Clause 1 Article 50 of the Law on Construction dated 2014:

a) Pre-construction: formulation, appraisal and approval of Pre-feasibility study reports (if any); formulation, appraisal and approval for feasibility study reports or Construction economic-technical reports to consider making construction investment decision and performance of other necessary tasks related to pre-construction.

b) Construction: land allocation or land lease (if any); site investigation, demining (if any); construction survey; formulation, appraisal and approval for design and construction estimate; issuance of construction permits (if they are required); selection of contractors and signing of construction contracts; execution of constructions works; supervision of work execution; advances or payments of completed constructions works; constructions work acceptance; transfer of completed constructions works and putting into operation; operation, testing and performance of other tasks;

c) Completion and inauguration of the project: termination of the construction contract, constructions work warranties.

2. According to specific and technical requirements of the project, the investment decision maker shall decide the phases prescribed in Point a, b and c Clause 1 of this Article shall be carried out whether in succession or coordinately.

3. Drawings for building design which are appraised and stamped shall be given to the investor and the investor must archive them as prescribed in law on archives. The investor must provide construction authorities with aforesaid drawings at their requests. The investor shall submit files of drawings and estimates or scanned drawings (modified according to the appraisal result) to the construction authorities as prescribed in Clause 13 Article 3 of the Law on Construction dated 2014.