THE MINISTRY OF TRANSPORT
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom - Happiness
No. 64/2007/QD-BGTVT
Hanoi, December 28, 2007
DECISION
PROMULGATING THE REGULATION ON ASSIGNMENT AND AUTHORIZATION OV TASKS TO PROJECT MANAGEMENT UNITS IN THE CONSTRUCTION INVESTMENT MANAGEMENT OF PROJECTS OF WHICH THE INVESTOR IS THE MINISTRY OF TRANSPORT
THE MINISTER OF TRANSPORT
Pursuant to Construction Law No. 16/2003/QH11 of November 26, 2003;
Pursuant to Bidding Law No. 61/2005/QH11 of November 29, 2005;
Pursuant to the Governments Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Governments Decrees No. 16/2005/ND-CP of February 7, 2005, on management of work construction investment projects; and No. 112/2006/ND-CP of September 29, 2006, amending and supplementing a number of articles of Decree No. 16/2005/ND-CP;
Pursuant to the Governments Decree No.209/2004/ND-CP of December 16, 2004, on management of construction work quality;
Pursuant to the Governments Decree No. 111/2006/ND-CP of September 29, 2006, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;
Pursuant to the Governments Decree No. 131/2006/ND-CP of November 9, 2006, promulgating the Regulation on management and use of official development assistance;
Pursuant to the Governments Decree No. 99/2007/ND-CP of June 13, 2007, on management of work construction investment expenses;
At the proposal of the Director of the Transport Work Quality Inspection and Management Department,
DECIDES:
Article 1. To promulgate together with this Decision the Regulation on assignment and authorization of tasks to project management units in the construction investment management of projects of which the investor is the Ministry of Transport.
Article 2. This Decision takes effect 15 days after its publication in CONG BAO.
Article 3. The director of the Office, the Chief Inspector, and directors of departments of the Ministry, the director of the Transport Work Quality Inspection and Management Department, project management units managing projects under the Ministrys assignment, heads of concerned agencies, and concerned organizations and individuals shall implement this Decision.
 
MINISTER OF TRANSPORT




Ho Nghia Dung
 
REGULATION
ON ASSIGNMENT AND AUTHORIZATION OF TASKS TO PROJECT MANAGEMENT UNITS IN THE CONSTRUCTION INVESTMENT MANAGEMENT OF PROJECTS OF WHICH THE INVESTOR IS THE MINISTRY OF TRANSPORT
(Promulgated together with the Transport Ministers Decision No. 64/2007/QD-BGTVTof December 28, 2007)
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Regulation provides for the assignment and authorization of a number of the investors tasks and powers to project management units under the Ministry of Transport (below referred to as PMU for short) for projects of which the investor is the Ministry of Transport that directly manages projects.
2. The management of official development assistance-funded projects (below referred to as ODA projects for short) of which the investor is the Ministry of Transport complies with this Regulation and Vietnamese laws on ODA project management and treaties on ODA which Vietnam has signed.
When treaties on ODA which Vietnam has signed otherwise provide for, those treaties prevail.
3. For projects with particular characteristics, based on specific conditions and PMUs capacity, the Ministry of Transport shall assign and authorize specific tasks to PMUs in addition to the tasks assigned and authorized under this Regulation.
Article 2. Subjects of application
1. This Regulation applies to agencies, organizations and individuals involved in the work construction investment management of projects of which the investor is the Ministry of Transport.
2. PMUs shall perform functions, tasks and powers according to the Ministry of Transports regulations and take responsibility before law and the Ministry within their authorized tasks and powers prescribed by this Regulation.
Chapter II
INVESTMENT PREPARATION STAGE
Article 3. The Ministry of Transport assigns and authorizes the following tasks to PMUs in the investment project preparation stage:
1. Selection of consultants for project formulation:
a/ Case of bidding for selection of consultants for project formulation:
- To make project outlines and cost estimates for investment project formulation survey, prepare bidding invitation dossiers, draw up bidding plans and submit them to the Ministry for approval (or for submission to a competent authority for approval).
- To organize biddings and submit bidding results to the Ministry for approval.
b/ Case of designation of consultants for project formulation:
- To prepare dossiers of designation of consultants for project formulation and submit them to the Ministry of Transport for approval (or for submission to a competent authority for approval).
- To direct consultants in making project outlines and cost estimates for project formulation survey, appraise and submit them to the Ministry for approval.