Chương III Thông tư 03/2009/TT-BXD: Quy định chi tiết về tổ chức quản lý dự án đầu tư xây dựng công trình

Chapter III

DETAILED PROVISIONS ON MANAGEMENT OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS

For state budget-funded projects, investors shall, based on the size and nature of projects and their practical conditions and circumstances, select the forms and models of project management below as appropriate.

Projects funded with capital of other sources are encouraged to refer to and apply these forms and models of project management.

Article 11. Direct management of projects by investors under Articles 33 and 34 of Decree 12/ CP

1. Investors' direct management of projects means that investors use their apparatuses to directly manage project implementation or assign project management units established by them to manage project implementation. Specifically:

a/ Model 1: Investors do not establish project management units but use their existing apparatuses to directly manage project implementation. This model is applicable to small projects capitalized at under VND 7 billion each when investors' apparatuses are capable of managing project implementation.

b/ Model 2: Investors set up project management units to assist them in managing project implementation. Specifically:

- Investors shall assign existing project management units to concurrently manage new projects.

- If existing project management units are ineligible for managing new projects, investors shall set up new project management units to manage project implementation.

2. In model 1, investors shall use their legal persons to directly manage project implementation. Investors shall issue decisions appointing their persons to participate in project management with specific tasks, including persons directly in charge of project management. Persons appointed to participate in project management may work on a part-time or full-time basis.

3. In model 2, the following principles must be adhered to:

a/ Project management units are set up and managed by investors, and have their powers and tasks assigned by investors.

b/ Project management units have the legal entity status or use the investor's legal entity status to manage project implementation.

c/ The organizational structure of a project management unit is composed of the director (or head), deputy directors (or deputy heads) and professional staff members. This organizational structure must suit assigned tasks and ensure the progress, quality and efficiency of the project. Project management unit members may work on a full-time or part-time basis.

d/ A project management unit may be assigned to manage different projects provided that each project is separately monitored and finalized in time in accordance with law.

e/ Project management units shall operate under regulations promulgated by investors and take accountability before investors and law for their assigned tasks and powers.

f/ Investors shall appoint responsible persons to direct, urge and inspect project management units in exercising their powers and performing their tasks in order to ensure that projects are implemented according to approved contents and progress. Investors shall take full responsibility for the jobs under their tasks and powers in accordance with law, including jobs already assigned to project management units.

4. Investors (in model 1) or project management units (in model 2), if having full capabilities as specified in Decree 12/CP and relevant legal documents, may themselves perform such project jobs as formulation and evaluation of designs and estimates; contractor selection; construction supervision or quality inspection of construction works. Investors and project management units may hire consultants to manage the project implementation.

5. Project management units with the legal entity status and professional capability may be assigned to manage the implementation of projects of other investors in case agencies establishing their project management units also decide on investment in those projects. In this case, these agencies shall issue decisions assigning specific tasks and promulgating mechanisms for coordination between investors and project management units to ensure the progress, quality and efficiency of projects. After the construction is completed, project management units shall hand over the works to investors for operation or use. Those project management units may be contracted to act as project management consultants for other investors if they fully satisfy conditions specified by law and are so permitted by agencies deciding on their establishment.

Article 12. Investors' hiring of project management consultants under Articles 33 and 35 of Decree 12/CP

1. Investors' hiring of project management consultants means that investors sign contracts to hire other legal entities to act as project management consultants. In this case, investors shall appoint staff members in charge and assign tasks to their units to perform the tasks and exercise the powers of investors and manage the contract performance by project management consultants.

2. Project management consultants must have full capabilities relevant to jobs they perform under Decree 12/CP.

3. Project management consultants shall perform project implementation management under contracts signed with investors. Contracts on hiring project management consultants must indicate the scope of jobs and management contents as well as powers and responsibilities of consultants and investors.

4. Project management consultants shall organize apparatuses and appoint persons in charge to directly manage project implementation under contracts signed with investors. Project management consultants shall notify in writing the tasks and powers of their persons in charge and apparatuses directly managing projects to investors, other contractors and concerned organizations and individuals.

5. Project management consultants may hire other organizations or individuals to participate in some jobs of project implementation management as approved by investors.