and supplemented under Article 3 of the Law No//QH12,. Article 1. To amend and supplement Clause 2, Article of the Law on. Enterprise as follows . Law no. 38//QH12, dated June 19, , of the National Assembly of Vietnam modified and supplemented several articles relating to basic investment and. Pursuant to June 19, Law No. 38//QH12 amending and supplementing a number of articles of the laws concerning capital construction investment;.
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To amend and supplement a number of articles of the Government’s Decree No. To supplement Point a, Clause 3, Article 2 as follows: Categorization and state management of work construction investment projects. 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 provisions: Investment deciders shall allocate sufficient capital within 3 years, for group-C projects, or 5 years, for group-B projects, depending on project implementation schedules.
To amend and supplement Clause 1, Article 10 as follows: Competence to evaluate work construction investment projects. Investment deciders shall evaluate projects before approving them. In charge of project evaluation are specialized units under investment-deciding authorities.
38 2009 qh12 pdf
Project evaluation units shall send project qh112 to line agencies, construction state management agencies and other concerned agencies for evaluation. Investment deciders may hire consultants to verify several or all of the contents specified in Clauses 1.
From the date of receipt of project dossiers, concerned agencies shall examine 83 within: Past the above time limits, if giving no opinion, concerned agencies will be regarded as having agreed with the project dossiers and 200 take responsibility for the issues under their management. Before approving work construction investment projects within urban centers which are approved by competent state agencies, investment deciders shall seek opinions of these agencies on the projects” basic 0209.
For other projects, investment deciders may decide to seek opinions on their basic designs when necessary. Project evaluation units shall send project dossiers to specialized construction work-managing agencies defined in Clause 6 of this Article for opinion on basic designs.
The Ministry of Finance shall promulgate a document guiding this provision. Persons decentralized or authorized to make investment decision shall evaluate projects already decentralized or authorized for investment decision.
To amend and supplement Clauses 1 and qu12, Article 14 as follows: Adjustment of work construction investment projects. When project adjustments result in changes in the project’s location, size or objective or an increase in the approved total investment, investors shall report them to investment deciders for decision.
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When project adjustments result in neither changes in the project’s location, size or objective nor an increase in the approved total investment, investors may themselves decide on these adjustments. Project adjustments must be evaluated before decision. In case project adjustments do not conform to branch or construction plannings approved by competent state management agencies, opinions of these agencies must be collected.
To amend and supplement Article 15 as follows: Contests to select architectural designs of construction works. Large public works subject to specific architectural requirements for which investment deciders shall decide on holding contests to select architectural designs include: In addition to the works specified in Clause 1 of this Article, investors shall themselves decide on holding contests to select architectural designs of other works.
Expenses for contests to select architectural designs of works shall be included in projects’ total investment.
Sh12 of selected architectural designs will have their author rights protected and will, if being fully capable as qh1, be prioritized to negotiate and sign contracts for formulating work construction investment projects and making construction designs. If incapable of doing so, they may enter into partnerships with capable designing consultancy organizations in order to negotiate and sign contracts with investors. If authors of selected architectural designs refuse to formulate work construction investment projects or to make construction designs, investors may select other contractors in accordance with law.
To amend and supplement Clause 3, Article 20 as follows: Dossiers of application for permits for construction of urban works or houses. The design drawing displaying the locations of the level ground and main cross-sections and vertical sections; the work’s foundation ground and cross-sections; a plan on the locations or lines of works for works built in lines ; a plan on electricity and water supply and rainwater and wastewater drainage systems and their technical connection points.
Particularly for repair or renovation works requiring construction permits, photos of the works’ present conditions are required. To amend and supplement Clause 1, Article 23 as follows: Competence to grant construction permits. Provincial-level People’s Committees shall grant construction permits for construction works of special grade and grades I and II; religious works; works of historical-cultural relics; monuments and mural paintings within the administrative boundaries under their management: To amend and supplement Point a, Clause 2, and Clause 4, Article 36 as follows: General provisions on capability conditions of organizations and individuals.
Organizations and individuals must fully meet capability conditions for carrying out the following activities: Holders of the title of manager or person in charge of construction plan design; manager or person in charge of construction design; construction survey manager; or construction supervisor must possess practicing certificates as required.
To join in project management, individuals must possess certificates of professional qualifications in the management of work construction investment projects. To add the following Clause 5 to Article The Ministry of Planning and Investment shall guide capability conditions of organizations 20009 individuals for evaluating work construction investment projects.
To annul Article 4. This Decree takes effect on December 1, Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree. Legal normative documents Consolidated documents.
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