Chapter III
FUNCTIONS, RIGHTS, RESPONSIBILITIES AND ORGANIZATIONAL STRUCTURE OF FIELD-BASED AND AREA-BASED PMB
Article 7. Position and functions of field-based and area-based PMB
1. Field-based and area-based PMB position
a) Field-based and area-based PMBs established by the Minister, Head of ministerial-level agencies or president of People’s Committee of provinces or districts are public service providers that exercise their financial autonomy as prescribed in clause 3, Article 3 of this Circular;
b) Field-based and area-based PMBs established by the competent person of any economic group or State-owned enterprise are independent or dependent cost-accounting subsidiaries. Such PMBs may either exercise their financial autonomy or funded by their parent company.
c) Every field-based and area-based PMB shall submit a project management capability declaration to the construction authority where such PMB is headquartered.
d) Field-based and area-based PMBs cooperate with relevant authorities and organizations shall comply with provision in Article 17 hereof.
2. Functions of Field-based and area-based PMBs stipulated in clause 2, Article 63 of the law on construction and clause 3, Article 17 of the Decree No.59/2015/ND-CP are specified as follows:
a)Perform as an investor of a number of designated projects funded with the State budget or extrabudgetary funds; According to the reality, the investment decision-maker shall consider assigning such PMBs to perform as the investor of particular projects;
b) Receive and manage investments of projects under regulations of laws;
c) Exercise rights and fulfill investors’ obligations and PMB stipulated in Articles 68 and 69 of the Law on Construction and relevant regulations of laws;
d) Perform other functions assigned by the PMB founder and take charge of project management as stipulated in Article 8 hereof;
dd) Transfer as-built construction works to the investor and its owner or directly operate the as-built construction works at request of the investor;
e) Manage projects under the entrustment agreement with the other investor and ensure the professional capacity meet all requirements of the designated project.
Article 8. Rights and responsibilities of field-based and area-based PMBs
Pursuant to rights and responsibilities of construction investors and PMBs prescribed in Articles 68 and 69 of the Law on Construction, every field-based and area-based PMB shall:
1. Exercise rights and take on responsibilities of the investor including:
a) Project planning: prepare and submit the project planning which specifies project schedule, workload, mobilized sources, quality and quality evaluation criteria;
b) Construction preparation: go through procedures for construction planning, land and natural resource use, technical infrastructures and environmental protection, fire safety, submit project proposals for approval; receive disbursement and carry out other tasks,
c) Project execution: hire consultants for construction survey and design, submit the design and project estimates competent authority to appraise or self-assess their design and estimates; take charge of and cooperate with relevant agencies to compensate for site clearance and relocation (if any), withdraw and receive land for the project; select contractors and sign construction contract; monitor the project execution; and settle payment under construction contract and other assigned task;
d) Construction works completion and transfer: carry out the acceptance and transfer of as-built construction works; conduct commissioning; settle and finalize construction contract and investments, and maintenance;
dd) Financial management and disbursement: receive and allocate investment capital according to the project progress; and comply with the financial management regulations.
e) Administrative tasks, project coordination and accountability: manage staff of PMB, take charge of administrative tasks such as staff salary, benefits, emulation, awards and discipline ; set up internal communication networks and information confidentiality; provide accurate and timely information and accountability for PMB activities at request of the investor or State competent authorities;
g) Supervision, evaluation and reporting: supervise and assess the investment under regulations of laws; periodically submit project progress reports to the investment decision-maker and State competent authorities.
2. Project management responsibilities are as follows:
a) Carry out project management tasks specified in Articles 66 and 67 of the Law on Construction;
b) Cooperate with involved entities to meet the project progress, quality, and estimated cost and environment protection requirements;
c) Take on other relevant tasks assigned or authorized by the investment decision-maker or investor.
3. Manage the project under the entrustment agreement signed with other investors if it is appropriate for the project management capacity.
4. Carry out construction supervision if it is recognized qualified under regulations of laws.
Article 9. Field-based and area-based PMB organizational structure
1. The PMB founder shall establish the organizational structure and operation of the PMB including a number of important departments such as Director Offices, functional departments and project executive departments. According to project scale, quantity and reality, the Director of PMB shall submit a proposal to organize affiliated departments according to their functions and responsibilities to the PMB founder for determination of quantities and name of such departments.
Organizational structure and liaison among PMB departments shall be specified in Article 15 hereof.
2. Field-based and area-based PMB personnel
a) Key personnel include a Director, deputy Directors, and Chief Accountant appointed by the PMB founder;
b)The PMB director has the rights to recruit, appoint or dismiss PMB officials of all level in accordance with regulations of laws on recruitment, management and allocation of officials and workers working for public service providers and enterprises;
c) Project manager is a professional title. The professional manager is appointed, dismissed and allocated to project executive departments by the PMB Director.
d) PMB staff in charge of specialized fields shall meet requirements for qualifications under regulations of laws on construction; and the project manager shall meet requirements for qualifications under Article 54 of the Decree No.59/2015/ND-CP. For projects invested with ODA, concessional loans from foreign sponsors, PMB key personnel shall acquire an appropriate level of foreign language(s).
3. The number of workers on the PMB payroll and number of field-based and area-based PMB’s workers is determined according to the approved plan for job position and officials by occupational title.
4. Field-based and area-based PMBs exercising their financial autonomy shall be responsible for their functions, organizational structure, personnel management and financial management under the operation regulation approved by the PMB founder under regulations of laws.
5. Field-based and area-based PMBs under entrustment agreements shall follow provisions in Article 12 hereof. In case a field-based or area-based PMB manages more than one project at a time, such PMB has the right to hire qualified entities to perform particular tasks.
Article 10. Operating funding for field-based and area-based PMBs
1. Operating funding for field-based and area-based PMBs is constituted from:
a) Fund for project management costs: The project management cost shall be estimated or determined under regulations of the Ministry of Construction. In case the PMB enters into the entrustment agreement with the investor, the project management cost is determined according to the assigned tasks prescribed in the agreement.
b) Fund drawn from collected fees and charges for project management activities such as bidding, design assessment, construction estimation and other legal proceedings at the rate prescribed by the Ministry of Finance;
c) Fund from legal proceedings and other activities;
d) Fund from the PMB founder and investment decision-maker. Only PMBs prescribed in clause 4, Article 3 hereof are funded. Funding may be made in form of operating cost advance, provision of necessary equipment, training and other form of assistance.
2. In case the project management is entrusted to the field-based or area-based PMB by the investor, the entrusted project management cost shall not exceed that calculated in accordance with regulation of the Ministry of Construction.
3. In case of failure to meet the project progress due to force majeure events or the construction contractor’s fault, the PMB director shall carry the burden of accountability and submit proposals for project management cost adjustment to the investment decision-maker.
Article 11. Procedures for establishment and dissolution of field-based or area-based PMBs
1. PMBs that are established by the Minister, Head of ministerial-level agencies or president of People’s Committee of provinces shall be established or dissolved in accordance with the Government's Decree No.55/2012/ND-CP dated June 28, 2012 on establishment, reorganization and dissolution of public service providers.
2. PMBs of economic groups or State-owned corporations shall be establish and dissolved in accordance with the Resolution of the Board of Members and Board of Directors and charters of the economic group or State Corporation.
Article 12. Entrustment of project management to field-based and area-based PMB
1. Every field-based and area-based PMB shall be entrusted to manage projects by investors who are not qualified for managing their own projects under regulation of laws. The entrustment shall be made in form of an entrustment agreement. In case an individual concurrently plays roles as investment decision-maker, investor and field-based or area-based PMB founder, the project management shall be assigned on the behalf of the investment decision-maker and entrustment agreement.
2. Procedures for project management entrustment are as follows:
a) The investor may submit a request for project management entrustment as a preliminary negotiation to the field-based or area-based PMB where the project is located. The request shall include project description, scope of work and conditions.
b) According to the preliminary negotiation, the investor shall request the investment decision-maker to consider approving the entrustment of project management to the field-based or area-based PMB;
c) The investor shall negotiate and sign the entrustment agreement under regulations of laws on construction.
3. The investor shall send a professional team to supervise the execution of the entrustment agreement and participate in carrying out tasks specified in clause 2, Article 17 hereof.
4. Field-based and area-based PMBs are permitted to provide entrustments services to other investors who:
a) Be able to successfully perform project management tasks assigned by the investment decision-maker within the approved schedule;
b) Meet all requirements for qualifications under regulations of laws on construction;
c) Be entrusted to take charge of project management by the investor under clause 2 of this Article.
Tìm kiếm
Thông tư 16/2016/TT-BXD (Bản Word)
Thông tư 16/2016/TT-BXD (Bản Pdf)