Chương I Thông tư 03/2009/TT-BXD: Quy định chi tiết về xác định chủ đầu tư; thẩm định, phê duyệt dự án đầu tư xây dựng công trình

Chapter I

DETAILED PROVISIONS ON THE IDENTIFICATION OF INVESTORS; AND EVALUATION AND APPROVAL OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS

Article 1. Identification of investors of state budget-funded projects under Points b and c. Article 3 of Decree 12/CP

1. For projects in which investment is decided by ministers, heads of ministerial-level agencies or presidents of People's Committees at all levels, investment deciders shall assign managers or users of works to act as investors.

In case managers or users of works cannot yet be identified or managers or users of works are ineligible for organizing the implementation of projects, investment deciders shall assign eligible units to act as investors. Managers or users of works shall appoint their employees to join units assigned to act as investors in formulating projects, designing, monitoring, managing, testing, receiving and putting works into operation or use. The employees appointed to join investors are those who will later participate in managing and using works or have professional qualifications relevant to the nature of projects.

Investors shall appoint employees of managers or users of works to suitable positions to participate in managing the above jobs in order to ensure the efficiency and purposes of projects.

2. If it is impossible to identify units to be assigned to act as investors according to the above provisions, investors shall be identified as follows:

a/ Investment deciders may concurrently act as investors.

b/ Investment deciders may assign project management units set up under their decisions to act as investors if these project management units have the legal entity status and are fully eligible for implementing projects, or investment deciders may contract eligible organizations to act as investors.

Article 2. Evaluation of investment projects on the construction of works under Article 10 of Decree 12/CP

1. For state budget-funded projects:

a/ After receiving investors' project dossiers, units in charge of project evaluation shall seek opinions of agencies managing specialized construction works defined in Clause 3 of this Article on basic designs and seek opinions of other agencies related to projects.

b/ Units in charge of project evaluation shall sum up evaluation contents and opinions on basic designs and opinions of relevant agencies: make remarks, assessments and recommendations and submit them to investment deciders for approval of projects.

c/ The time limit for evaluating a project is specified in Clause 7, Article 10 of Decree 12/CP, of which the time limit for examining and giving opinions on basic designs and seeking opinions of relevant agencies thereon, counting from the date of receipt of a complete dossier, is:

- 45 working days, for projects of national importance;

- 20 working days, for group-A projects:

- 15 working days, for group-B projects;

- 10 working days, for group-C projects.

Past the above time limit, if relevant agencies give no opinions, they will be deemed to have agreed with the dossier and shall take responsibility for the fields under their management.

2. For projects funded with capital of other sources:

a/ Investment deciders shall themselves organize the evaluation of projects and may designate units in charge of project evaluation.

b/ When evaluating a project, the investment decider shall seek opinions of the agency managing specialized construction works defined in Clause 3 of this Article on its basic design and opinions of agencies related to the project in accordance with law.

c/ The time limit for examining and giving opinions on basic designs and seeking opinions of relevant agencies thereon is specified at Point c, Clause 1 of this Article.

3. Competence of agencies managing specialized construction works to give opinions on basic designs:

a/ For projects of national importance and group-A projects:

- The Ministry of Industry and Trade may give opinions on basic designs of investment projects on the construction of mines, oil and gas works, power plants, power transmission lines, transformer stations, works on chemicals, industrial explosive materials, machine manufacture, metallurgy, and other specialized industrial projects, except industrial works on construction materials.

- The Ministry of Agriculture and Rural Development may give opinions on basic designs of investment projects on the construction of irrigation works, dikes and other specialized agricultural works.

- The Ministry of Transport may give opinions on basic designs of investment projects on the construction of transport works.

- The Ministry of Construction may give opinions on basic designs of investment projects on the construction of civil works, industrial works on construction materials and urban technical infrastructure facilities, and other investment projects on the construction of works at the request of the Prime Minister. Particularly for investment projects on the construction of civil works of less than 20 stories, provincial-level Construction Services of localities where projects exist may give opinions on their basic designs.

For a project involving works of different types, the Ministry in charge of giving opinions on its basic design is one of the above Ministries having the function of managing works which arc decisive to the nature and purposes of the project.

b/ For group-B and group-C projects:

- Provincial-level Industry and Trade Services may give opinions on basic designs of investment projects on the construction of mines, oil and gas works, power plants, power transmission lines, transformer stations, works on chemicals, industrial explosive materials, machine manufacture, metallurgy, and other specialized industrial projects, except industrial works on construction materials.

- Provincial-level Agriculture and Rural Development Services may give opinions on basic designs of investment projects on the construction of irrigation works, dikes and other specialized agricultural works.

- Provincial-level Transport Services may give opinions on basic designs of investment projects on the construction of transport works.

- Provincial-level Construction Services may give opinions on basic designs of investment projects on the construction of civil works, industrial works on construction materials and urban technical infrastructure facilities, and other investment projects on the construction of works at the request of presidents of provincial-level People's Committees.

For a project involving works of different types, the Service in charge of giving opinions on its basic design is one of the above Services having the function of managing works which are decisive to the nature and objectives of the project.

c/ For group-B and group-C projects in which investment is decided by the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Transport or the Ministry of Construction and which are in the specialized fields assigned to them for management, these Ministries may themselves examine basic designs without having to seek opinions of provincial-level Services managing specialized construction works defined at Point b. Clause 3 of this Article, on their basic designs.

d/ State economic groups which are assigned by the Government to perform state management of certain fields may themselves examine basic-designs of investment projects on the construction of works in those fields in which investment is decided by themselves without having to seek opinions of agencies managing specialized construction works on basic designs. For projects in other fields in which investment is decided by these groups, opinions of agencies managing specialized construction works defined at Point a or b of this Clause, must be sought on their basic designs.

4. Responsibilities of agencies giving opinions on basic designs:

a/ Agencies managing specialized construction works shall examine, give opinions and take accountability for the contents specified in Clause 3, Article 11 of Decree 12/CP.

b/ When giving opinions on basic designs, agencies managing specialized construction works will not collect charges or fees. Units in charge of project evaluation shall divide project evaluation charges to agencies participating in project evaluation.

Article 3. Evaluation and approval of econo-technical reports on the construction of works under Article 13 of Decree 12/CP

1. For state budget-funded works:

a/ Investors shall evaluate working drawing designs and estimates of works and submit them to persons with investment-deciding competence for approval. When necessary, investors may hire consultants to conduct verification as a basis for evaluation of working drawing designs and cost estimates of the construction of works. Construction state management shall be performed through the grant of construction permits.

The results of evaluation of working drawing designs and estimates shall be presented in the form provided in Appendix 1 to this Circular (not printed herein).

b/ A dossier of an econo-technical report on the construction of a work (below referred to as the econo-technical report) submitted by an investor for evaluation comprises:

- A report on the econo-technical report for evaluation, made according to a form provided in Appendix 2 to this Circular (not printed herein);

- The econo-technical report:

- A report on the results of evaluation of the working drawing design and cost estimates.

c/ Investment deciders shall evaluate econo-technical reports before approving them. Units in charge of evaluation of econo-technical reports are specialized units of investment deciders.

d/ The time limit for evaluation of an econo-technical report is 15 working days.

e/ The evaluation of an econo-technical report covers:

- Examination of efficiency assurance elements: necessity of investment; size; implementation period; total investment capital and socio-economic benefits.

- Examination of feasibility assurance elements: land use demand and ground clearance capability; elements affecting the work, such as those related to defense, security, environment and relevant regulations.

- Examination of the results of evaluation of the working drawing design and estimate.

f/ Approval of econo-technical reports:

- Units in charge of evaluation of econo-technical reports shall send dossiers of econo-technical reports to investment deciders for approval.

A dossier of an econo-technical report submitted for approval comprises a report on the econo-technical report for approval, made according to a form provided in Appendix 3 to this Circular (not printed herein); and the investor's dossier of the econo-technical report submitted for evaluation as mentioned at Point b. Clause 1 of this Article.

- A decision approving the econo-technical report, made according to a form provided in Appendix 4 to this Circular (not printed herein).

An approved econo-technical report means that the person with investment-deciding competence has approved the working drawing design and estimate; the investor is not required to re-approve but only needs to sign for certification and append a seal "approved" in the working drawing design before commencing construction.

2. For works funded with capital of other sources:

Persons with investment-deciding competence shall evaluate and approve econo-technical reports by themselves and take responsibility for their approval. Construction state management shall be performed through the grant of construction permits.