Decree No. 112/2006/ND-CP dated September 29, 2006 of the Government amending and supplementing a number of articles of Decrre No. 16/2005/ND-CP on management of investment projects on the construction of works
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
No : 112/2006/ND-CP
Hanoi, September 29, 2006
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECRRE NO 16/2005/ND-CP ON MANAGEMENT OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Construction Law;
At the proposal of the Construction Minister;
>> See also: Legal consultancy on project investment
Article 1. To amend and supplement a number of articles of the Government's Decree No. 16/2005/ND-CP of February 7,2005, on management of investment projects on the construction of works as follows:
1. To amend and supplement Clause 1 of Article 3 as follows:
"1. For projects funded with state budget capital, investors of construction works shall be decided by investment deciders before construction investment projects are formulated in accordance with the provisions of the State Budget Law.
a) For projects in which the investment is decided by the Prime Minister, investors shall be ones of the following agencies or organizations: ministries, ministerial-level agencies, government-attached agencies, other central-level agencies (collectively referred to as ministerial-level agencies), People's Committees of the provinces or centrally-run cities (collectively referred to as provincial-level People's Committees) and state enterprises.
b) For projects in which the investment is decided by ministers, heads of ministerial-level agencies or presidents of provincial-level People's Committees, investors shall be units managing and/or using the works.
When units managing and/or using the works are yet identified or fail to meet the conditions to act as investors, investment deciders shall select other qualified units to act as investors. When units managing and/or using the works fail to meet the conditions to act as investors, investment deciders shall assign the units which will manage and/or use the works the task to norminate persons to join investors in managing the investment in construction of works and receive the works for management and use upon their completion."
2. To amend and supplement Clause 1 of Article 4 as follows:
“1. For important national projects defined in the National Assembly's Resolution No. 66/2006/QH11, investors shall have to make investment reports and submit them to the Government for consideration and submission to the National Assembly for adoption of investment undertakings and permission of investment. For other projects, investors are not required to make investment reports.
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