Chương III Thông tư 18/2016/TT-BXD: Phê duyệt, điều chỉnh dự án và thiết kế, dự toán xây dựng công trình

Chapter III

APPROVAL AND MODIFICATION OF PROJECTS, CONSTRUCTION DESIGNS AND COST ESTIMATES

Article 14. Approval of projects, grant of investment and construction decisions

Approval of projects and grant of investment and construction decisions shall be subject to Article 12 and Article 13 of the Decree no. 59/2015/ND-CP which is specifically guided as follows:

1. The body leading project evaluation activities that are controlled by the investment decision maker shall be responsible for preparing a general report on evaluation results for submission to seek approval. In other cases, the investment decision maker shall consider and authorize their specialized affiliates to prepare a general report on evaluation results for submission to seek approval.

2. The investment decision maker shall be accorded authority to approve projects whose main activities are referred to in paragraph 2 Article 12 of the Decree No. 59/2015/ND-CP and relevant laws. Approval of projects must include specific contents about financing sources, proposed fund distribution depending on project execution duration, number of design steps, applicable standards and regulations as well as construction time length.

3. The sample investment and construction decision is given in the Appendix I hereof.

Article 15. Approval of construction designs and cost estimates

1. The investment decision maker and the project developer shall be vested with authority to approve construction designs and cost estimates with the contents specified in Article 28 of the Decree No. 59/2015/ND-CP. The investment decision maker shall be authorized to approve construction designs and cost estimates as referred to in paragraph 1 Article 72 of the Law on Construction.

2. The investment decision maker shall be accorded authority to approve construction drawings and cost estimates of projects of which investment and construction economic - technical feasibility reports are required.

3. The sample application form for approval of projects, construction designs and cost estimates is given in the Appendix I hereof.

Article 16. Modification of investment and construction projects

1. State-funded or out-of-budget state-funded investment and construction projects may be modified if they fall into cases referred to in paragraph 1 Article 61 of the Law on Construction. The investment decision maker shall be vested the right to make their decision on modification contents regarding investment objectives, scale, project execution location, progress, total investment outlay and funding source structure.

2. Projects or basic designs of which authority to grant approval is delegated to the investment decision maker shall be evaluated according to the procedures prescribed in paragraph 3 of this Article.

3. The process for evaluation of modified projects and basic designs shall be specifically guided as follows:

a) The project developer sends a written request for evaluation to the investment decision maker to seek their consent to the plan for modification of the submitted project, including reasons, contents, scope of modification and recommended solutions to modification;

b) Based on the written consent obtained from the investment decision maker to the plan for modification of the submitted project, the project developer shall assume responsibility for preparing modified project and basic design documentation for submission to the body leading evaluation under its delegated authority;

c) Preparation of a general report on evaluation results and submission of the modified project shall be subject to paragraph 1 Article 14 hereof.

4. Approval of modified investment and construction projects granted by the investment decision maker shall comprise modified contents or all of project contents after being modified.

5. The body leading evaluation of the modified project and basic design shall also be the one leading evaluation of the approved project and basic design.

Article 17. Modification of construction designs and cost estimates

1. Modification of construction designs and cost estimates shall be subject to Article 84 of the Law on Construction and Article 11 of the Government’s Decree No. 32/2015/ND-CP on management of investment and construction costs.

2. The investment decision maker shall be authorized to make their decision on modification of construction designs and cost estimates when such modification entails modification of investment and construction project. Modification in other cases shall be decided by the project developer who is responsible for their modification decision. The project developer shall be responsible for reporting to the investment decision maker on contents of modification of construction design carried out under their decision.

3. The specialized construction body shall evaluate construction designs and cost estimates in the following cases:

a) Modification of construction design is carried out due to any change of geological conditions, design load, structural solutions, materials used in load bearing structures (except if modification results in an increase in safety for construction works) and impacts of construction methods on load bearing safety;

b) Modification of construction cost estimate is carried out because modification thereof leads to an excess of total investment outlay or of the estimated amount approved by the investment decision maker.

4. Modified construction designs or cost estimates shall be approved under the discretionary decision of the project developer as prescribed in paragraph 2 of this Article, shall not be subject to evaluation as provided in paragraph 3 of this Article, and where necessary, shall be evaluated at the project developer’s discretion as the basis for their approval decision.

5. Approval of modified construction designs and cost estimates granted by the investment decision maker and the project developer shall encompass approval of modifiable contents or all of contents of modified construction designs and cost estimates. The investment decision maker or the project developer shall be accorded authority to approve construction designs and cost estimates modified at their discretion as provided by paragraph 2 of this Article.