Chương IV Thông tư 18/2016/TT-BXD: Tổ chức thực hiện

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Responsibilities of the Ministry of Construction

As regards project, construction design and cost estimate evaluation activities, the Ministry of Construction shall assume the following responsibilities:

1. Lead and guide implementation of project, construction design and cost estimate evaluation activities of sectoral Ministries, local jurisdictions and enterprises.

2. Delegate authority to relevant specialized construction bodies in implementation of project, construction design and cost estimate evaluation activities.

3. Conduct periodic or ad-hoc inspection of implementation of evaluation activities by specialized construction bodies at different administrative levels. Make a decision on revocation and cancellation of evaluation results or request re-evaluation whenever there is any error in carrying out evaluation activities which leads to impacts on legality, quality, safety, costs and progress of construction works; prepare a general review report on evaluation results.

4. Take charge of cooperating with specialized construction Ministries in resolution of difficulties or problems arising from implementation of evaluation activities by sectoral Ministries, local jurisdictions, enterprises and project developers.

5. Hold training courses on evaluation activities that are attended by relevant entities, organizations and individuals.

6. Issue and guide application of assessment criteria for evaluation activities; norms of costs of project, basic design, construction design and cost estimate inspection consultancy.

Article 19. Responsibilities of relevant Ministries

As regards project, construction design and cost estimate evaluation activities, Ministries shall bear the following responsibilities:

1. Specialized construction Ministries:

a) Direct, guide and examine evaluation activities of specialized construction bodies that are put under their assigned management; give authority to relevant specialized construction bodies to organize project, construction design and cost estimation activities; make a decision on revocation and cancellation of evaluation results or request re-evaluation whenever there is any error in evaluation activities that may cause impacts on legality, quality, safety, costs and progress of construction works.

b) Collaborate with other specialized construction Ministries and provincial People’s Committees in organizing evaluation activities with respect to projects of national importance, directional investment and construction projects connecting different administrative subdivisions;

c) Prepare a quarterly general report on implementation of project, construction design and cost estimation evaluation activities under their jurisdiction and send it through to the Ministry of Construction for its review and supervision during 15 first days of the following quarter. The sample evaluation report is given in the Appendix II hereof.

2. Ministries, Governmental bodies and centrally-governed entities of political organizations and socio-political organizations:

a) Implement rights and responsibilities of the investment decision maker under law with respect to projects under their authority to grant the investment decision;

b) Assign their affiliated entities to participate and cooperate in project, construction design or cost estimate evaluation under their management in accordance with laws on construction;

c) Check evaluation activities of affiliated specialized bodies and cooperate in promptly resolving any difficulty that may arise during the evaluation process.

Article 20. Responsibilities of provincial and district-level People's Committees

As regards project, construction design and cost estimate evaluation, provincial and district-level People’s Committees shall assume the following responsibilities:

1. Decide delegation of authority, decentralization or authorization in carrying out project, construction design and cost estimate evaluation and approval within their jurisdiction in conformity with laws on construction and specific conditions of each jurisdiction.

2. Direct and inspect evaluation activities of specialized construction Departments or divisions having competence in management of construction which are controlled by district-level People’s Committees, make a decision on revocation and cancellation of evaluation results or request re-evaluation whenever there is any error in carrying out evaluation activities which leads to impacts on legality, quality, safety, costs and progress of construction works.

3. Resolve difficulties arising from processes and documentation requirements and cooperate in performing evaluation activities within their jurisdiction.

4. Prepare a quarterly general report on implementation of project, construction design and cost estimate evaluation activities under their jurisdiction and send it through to the Ministry of Construction for its review and supervision during 15 first days of the following quarter. The sample evaluation report is given in the Appendix II hereof.

Article 21. Transition and entry into force

1. As regards project, construction design and cost estimate evaluation:

a) Resubmission of investment and construction projects, construction designs and cost estimates which have been submitted before this Circular's entry into force shall not be required and these projects, designs and cost estimates shall be evaluated in accordance with applicable regulations existing before entry into force of this Circular;

b) Modification of projects, construction designs and cost estimates carried out after this Circular’s entry into force shall be subject to provisions laid down herein.

2. Entry into force:

a) This Circular shall take effect from August 15, 2016.

b) Regulations on inspection, evaluation and approval of investment and construction projects, construction designs and cost estimates laid down in the Circular No. 03/2009/TT-BXD dated March 26, 2009 of the Ministry of Construction providing details of certain contents of the Government’s Decree No. 12/2009/ND-CP dated February 12, 2009 on management of investment and construction projects; the Circular No. 10/2013/TT-BXD dated July 25, 2013 specifying certain contents of management of construction quality; the Circular No. 13/2013/TT-BXD dated August 15, 2013 of the Ministry of Construction prescribing inspection, evaluation and approval of construction designs and the Circular No. 09/2014/TT-BXD dated July 10, 2014 of the Ministry of Construction on amendments to certain articles of Circulars providing guidance on the Government’s Decree No. 15/2013/ND-CP dated February 6, 2013 on management of construction quality, shall be repealed from this Circular's entry into force.

In the course of implementation of this Circular, if there is any difficulty that may arise, entities, organizations and individuals should promptly inform the Ministry of Construction for its assessment and revision.