| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- |
| No. 12/2009/ND-CP | Hanoi, February 12, 2009 |
DECREE
ON MANAGEMENT OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS
THE GOVERNMENT
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 Minister of Construction,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree guides the implementation of the Construction Law regarding the formulation, evaluation and approval of investment projects on the construction of works; the implementation of investment projects on the construction of works; and capability conditions of organizations and individuals engaged in construction activities.
The formulation, evaluation and approval of investment projects on the construction of works funded with official development assistance (ODA) comply with the laws on construction and ODA management and use.
Article 2. Categorization and stale management of investment projects on the construction of works
1. Investment projects on the construction of works (below collectively referred to as projects) shall be categorized as follows:
a/ By size and nature: national important projects in which investment is considered and decided by the National Assembly; other projects which are categorized into groups A, B and C as specified in Appendix I to this Decree;
b/ By investment capital source:
- State budget-funded projects;
- Projects funded with state-guaranteed credit or the State's development investment credit;
- Projects funded with development investment capital of state enterprises;
- Projects funded with capital of other sources, including private capital or capital of mixed sources.
2. Investment in the construction of works must be in line with the socio-economic development master plan, branch plannings or construction plannings, ensure security, social and environmental safety, and comply with the land law and other relevant laws.
3. In addition to the provisions of Clause 2 of this Article, depending on sources of capital used for projects, the State shall also manage projects under the following regulations:
a/ For state budget-funded projects, including component projects, the State shall manage the entire process of construction investment, from identification of investment policies, project formulation, investment decision, designing, estimation, contractor selection, construction to test, take-over and putting of works into operation or use;
b/ For enterprises' projects funded with state-guaranteed credit, the State's development investment credit or development investment capital of state enterprises, the State shall manage them in terms of investment policy and scope. Enterprises having these projects shall themselves organize the implementation and management of the projects in accordance with this Decree and other relevant laws;
c/ For projects funded with capital of other sources, including private capital, investors shall decide by themselves on forms and contents of project management. For projects funded with capital of mixed sources, capital contributors shall reach agreement on methods of management, or manage these projects under regulations applicable to the capital source which accounts for the highest percentage (%) in the total investment.
4. For projects or group-A projects of national importance consisting of different component projects, if each component project can be independently operated or implemented in different investment phases, it may be managed and implemented like an independent project. The investment decider may decide on the division of a project into component projects.
Article 3. Investors in the construction of works
Construction investors are owners of capital or persons assigned to manage and use capital for investing in the construction of works, specifically:
1. For state budget-funded projects, their investors shall be decided by investment deciders in accordance with the State Budget Law before formulating investment projects on the construction of works.
a/ For projects in which investment is decided by the Prime Minister, their investors may be any of the following agencies and organizations: ministries, ministerial-level agencies, government-attached agencies and other central agencies (collectively referred to as ministerial-level agencies). People's Committees of provinces and centrally run cities (collectively referred to as provincial-level People's Committees) and state enterprises:
b/ For projects in which investment is decided by ministers, heads of ministerial-level agencies or presidents of People's Committees at all levels, their investors may be managers or users of works.
In case managers or users of works cannot be identified yet or managers or users of works are ineligible for acting as investors, investment deciders may assign eligible units to act as investors. In case managers or users of works are ineligible for acting as project investors, units assigned to manage or use works shall appoint persons to join investors in formulating projects, designing, monitoring, managing, testing, receiving and putting works into operation or use:
c/ In case investors cannot be identified under Point b of this Clause, investment deciders may authorize other eligible units to act as investors or may concurrently act as investors.
2. For credit-funded projects, borrowers may act as investors.
3. For projects funded with capital of other sources, investors may be owners of capital or representatives as prescribed by law.
Article 4. Investment supervision and assessment for investment projects on the construction of works
1. Projects with state capital accounting for over 50% of their total investment are subject to investment supervision and assessment. For projects funded with capital of other sources, the investment supervision and assessment shall be decided by investment deciders.
2. Investment supervision and assessment requirements and contents include:
a/ Assessment of the project efficiency and feasibility;
b/ Supervision and assessment of the project implementation by investors against the contents approved by competent authorities, and of the observance of regulations on construction investment:
c/ Identification, through investment supervision and assessment, of problems, and adjustment of projects and submission of proposals or recommendations to competent authorities for handling to ensure the project efficiency and feasibility.
3. Organization of investment supervision and assessment:
a/ Investment deciders or persons authorized to issue investment decisions shall organize investment supervision and assessment. Particularly for projects in which investment is decided by the Prime Minister, line ministries shall organize investment supervision and assessment. For projects of which investment supervision and assessment are organized by ministers, heads of ministerial-level agencies or presidents of provincial-level People's Committees, their implementation must be reported to the Ministry of Planning and Investment for synthesis and further reporting to the Prime Minister;
b/ The Ministry of Planning and Investment shall guide the investment supervision and assessment of projects; synthesize the investment supervision and assessment situation nationwide and periodically report thereon to the Prime Minister.
