Chương I Thông tư 18/2016/TT-BXD: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope and subjects of application

1. Scope of application:

a) This Circular specifies evaluation and approval of investment and construction projects, design and cost estimate of construction works according to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on management of investment and construction projects (hereinafter referred to as Decree No. 59/2015/ND-CP).

b) Evaluation of the pre-feasibility study report, investment proposal and investment decision shall be subject to law on investment and law on public investment.

2. Subjects of application: specialized construction bodies affiliated to specialized construction management Ministries, People’s Committees of provinces and districts; investment decision makers, project developers and other entities or individuals concerned.

Article 2. Definition

For the purposes of this Circular, terms used herein shall be construed as follows:

1. Evaluation requesting person refers to the project developer or person given the project developer’s written authorization, or entities or organizations designated by the investment decision maker if the project developer has not been determined yet.

2. Evaluation body refers to a specialized construction body under decentralization or a specialized body directly affiliated to the investment decision maker referred to in Article 10, Article 24, Article 25 and Article 26 of the Decree No. 59/2015/ND-CP.

Article 3. Principles of evaluation and approval of projects, construction designs and cost estimates

1. Submission and evaluation of projects, construction designs and cost estimates shall be carried out under correct jurisdiction, and ensure compliance with regulations on the evaluation process and duration.

2. Design and construction cost estimate evaluation shall be required for the entire project or a component of the project or a stage or contract of the project, but must ensure consistency and uniformity in terms of contents and calculation bases of evaluation results.

3. Evaluation processes, procedures, documentation and results must be made available to the public, ensure transparency, and must conform to regulations on administrative procedure reform during evaluation activities.

4. Project, construction design and cost estimate approval shall be carried out under correct jurisdiction or authorization after the evaluation result notification is received and after the application documentation for approval has been supplemented or completed upon the request of the evaluation body.

5. With regards to projects with the number of design steps which is greater than legally required, the specialized construction body shall only evaluate the design documentation at the prescribed design step while the investment decision maker shall have a discretionary power to carry out evaluation and approval at the remaining design steps. If names and contents of project design steps conform to international conventions other than those applied to prescribed design steps, the specialized construction body shall only evaluate the design documentation having similar contents in comparison with the basic design, engineering design or construction drawing development steps.

Article 4. Responsibilities of organizations or individuals for evaluation and approval of projects, construction designs and cost estimates

1. Responsibilities of the investment decision maker:

a) Request the project developer to comply with the prescribed evaluation procedures in correspondence with project scale and funding source, type and class of construction works. With regards to projects financed by mixed funds, the investment decision maker shall determine which financing source is used as the basis for carrying out submission, evaluation and approval of projects, construction designs and cost estimates;

b) Assign and examine implementation of evaluation activities by specialized affiliates;

c) Approve or authorize approval of a project, design or cost estimate of a construction work as per law.

2. Responsibilities of the project developer:

a) Submit a project, basic design, construction design and cost estimate as prescribed by this Circular; organize evaluation activities as the basis for considering and approving a construction drawing and cost estimate with respect to the 3-step design;

b) Check, review and assume responsibility to the evaluation body and liability for legitimacy and contents of the application documentation for evaluation; explain and complete the application documentation for evaluation upon the request of the evaluation body;

c) Directly select a consulting entity having competence in performing inspection activities for evaluation purposes and bear responsibility for examining where inspection contents of that consulting entity conform to inspection requirements;

d) Keep records as provided by paragraph 3 Article 6 of the Decree No. 59/2015/ND-CP.

3. Responsibilities of evaluation entities and organizations:

a) Organize project, construction design and cost estimate evaluation activities as per law;

b) Comply with regulations on rights and responsibilities of evaluation entities or organizations in accordance with Article 71 and Article 87 of the Law on Construction;

c) Report and explain evaluation activities as requested by competent regulatory authorities whenever necessary;

d) Keep necessary files and records relating to evaluation activities as provided by paragraph 4 Article 9 of this Decree.

4. Responsibilities of construction consulting organizations:

a) Observe construction consulting rights and obligations referred to in Article 70 and Article 86 of the Law on Construction upon formulation and inspection of projects, basic designs, construction designs and cost estimates;

b) Provide a full amount of documents, explain and correct contents of the application documentation for evaluation upon the request of the project developer and the evaluation body.