| THE PRIME MINISTER ------- No. 1597/QD-TTg | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- Hanoi, October 26, 2012 |
DECISION
ON PROMULGATING “MECHANISM OF MANAGEMENT AND IMPLEMENTATION OF PROJECT ON PILOT INVESTMENT IN CONSTRUCTION OF DAU GIAY – PHAN THIET HIGHWAY IN THE PUBLIC-PRIVATE PARTNERSHIP FORM
THE PRIME MINISTER
Pursuant to the Law on Government organization, of December 25, 2001;
Pursuant to the Law on investment, of November 29, 2005;
Pursuant to the Law on Construction, of November 26, 2003;
Pursuant to the Decision No.71/2010/QD-TTg, of November 09, 2010 of the Prime Minister on promulgating the regulation on pilot investment in the public-private partnership form;
At the proposal of the Ministry of Transport
DECIDES:
Article 1. On promulgating together with this Decision on “Mechanism of management and implementation of project on pilot investment in construction of Dau Giay – Phan Thiet highway in the public-private partnership form (PPP)".
Article 2. This Decision takes effect as from the day of signing.
Article 3. The Ministers: Of Transport, Planning and Investment, Construction, Justice Ministries, the Governer of the State bank of Vietnam, the President of the People’s Committee of Dong Nai, Binh Thuan provinces and heads of relevant agencies, units shall implement this Decision.
During the course of implementation of this Decision, if arising any problems, the Ministry of Transport shall synthesize, report to the Prime Minister for consideration, decision.
| | THE PRIME MINISTER Nguyen Tan Dung |
MECHANISM
MANAGEMENT AND IMPLEMENTATION OF PROJECT ON PILOT INVESTMENT IN CONSTRUCTION OF DAU GIAY – PHAN THIET HIGHWAY IN THE PUBLIC-PRIVATE PARTNERSHIP FORM (PPP) (Promulgated together with the Decision No.1597/QD-TTg, of October 26, 2012 of the Prime Minister)
Part 1.
GENERAL PROVISIONS
Article 1. Scope of regulation and Subjects of application
1. Scope of regulation
This mechanism stipulates on preparation, management and implementation of project on investment in construction of Dau Giay – Phan Thiet highway (hereinafter referred to as “Project”) in the public-private partnership form (hereinafter referred to as “Mechanism”.
2. Subjects of application
Subjects of application of this mechanism are: Ministries and ministerial-level agencies, People’s Committee of Binh Thuan, Dong Nai provinces, investors, organizations, agencies relating to investment, management and implementation of Project.
Article 2. Interpretation of terms
In this mechanism, the following terms are construed as follows:
1. Total investment level of Project (hereinafter referred to as “Total investment level”) is defined under the report on feasible research of Project appraised and approved by the Ministry of Transport. Content of total investment level under current regulations on management of cost for investment in construction of works.
2. Total construction cost of Project (hereinafter referred to as “Total construction cost”) means total cost for completion of the course of construction of Project, including construction cost; equipment cost; management cost of project; cost for construction investment consultancy; other costs (excluding of loan interest in construction time) and standby cost;
3. Total investment cost of Project (hereinafter referred to as “Total investment cost”) includes total construction cost, cost for operation, exploitation of works, cost for loan interest in construction time and relevant financial cost during the course of works construction and operation; excluding cost for compensation, ground clearance.