THE MINISTRY OF INDUSTRY AND TRADE
Circular No. 23/2014/TT-BCT dated June 25, 2014 of the Ministry of Industry and Trade regulating on procedure for self-making, assessing and approving contracts for designing & manufacturing auxiliary equipment for thermal power plants in Vietnam
Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, powers and organizational structure of The Ministry of Industry and Trade;
Pursuant to the Decree No. 48/2010/ND-CP dated May 5, 2010 of the Government on contracts pertaining to construction activities;
Pursuant to the Law No. 43/2013/QH13 dated November 26, 2013 on Bidding;
In the furtherance of the Decision no 1791/QD-TTg dated November 29th 2012 of the Prime Minister approving the experimental mechanism for designing & manufacture of auxiliary equipment for thermal power plants in Vietnam during 2012 - 2025;
At the request of the General Director of General Department of Energy;
The Ministry of Industry and Trade issues the Circular regulating procedure for making, assessing and approving contracts for designing & manufacturing of auxiliary equipment for thermal power plants in Vietnam.
Chapter I
GENERAL PROVISION
Article 1. Scope of adjustment and subjects of application
1. Scope of adjustment
This Circular promulgates the procedure for making, assessing and approving contracts for designing & manufacturing of auxiliary equipment for thermal power plants in Vietnam between the investors and Vietnamese contractors.
2. Subject of application
a) Investors in the thermal power plant projects assigned by the Prime Minister to engage in the experimental design & manufacture of auxiliary equipment for thermal power plants in Vietnam according to the Decision No. 1791/QD-TTg dated November 29, 2012 of the Prime Minister (hereinafter referred to as Decision No. 1791) and investors in other thermal power plant projects according to the Prime Minister’s decision;
a) Vietnamese mechanical enterprises participating in designing and manufacturing auxiliary equipment for thermal power plants in Vietnam prescribed in clause 5, Article 1 of Decision No. 1791 and other enterprises appointed by the Ministry of Industry and Trade.
c) Vietnamese consultancy units are prescribed in clause 4, Article 1 of Decision No. 1791 and foreign consultancy units designated to participate in designing and manufacturing auxiliary equipment for thermal power plants.
Article 2. Term interpretation
In this Circular, the terms below are construed as follows:
1. Vietnamese contractor consortium who design and manufacture auxiliary equipment for thermal power plants (hereinafter referred to as Consortium) is a combination of at least 02 units, including a design & manufacturing consultant and Vietnamese mechanical enterprises, according to Point b of Clause 4, Clause 5, Article 1 of Decision No. 1791 and enterprises appointed and supplemented by The Ministry of Industry and Trade.
2. Investors are the investors in the thermal power plant projects who have auxiliary equipment and are assigned to design & manufacture the equipment in Vietnam, according to Clause 1, Article 3 of this Circular.
3. Foreign design consultants are foreign organizations, individuals designated by the Consortium to provide the design copyright, transfer design technology and support the design and manufacture of auxiliary equipment for thermal power plants.
4. Foreign materials & equipment suppliers are foreign contractors designated by the Consortium to supply materials and equipment that cannot be manufactured in Vietnam in order to ensure conformity with the designs and specifications of equipment. With regard to the projects mentioned in Point b Clause 1 Section 1 of Decision No. 1791, it is required to have requirements for transfer of designing & manufacturing technologies.
5. Contracts for designing & manufacturing auxiliary equipment for thermal power plants (hereinafter referred to as Contracts)is a written agreement between the Investor and the Consortium to design and manufacture auxiliary equipment for thermal power plants in Vietnam.
