New stipulation on the management of construction projects

10/04/2017
The Government promulgates Decree No. 42/2017/ND-CP on amendments to the Government's Decree No. 59/2015/ND-CP dated June 18, 2015 on management of construction projects.
Accordingly, regarding construction projects funded by government budget capital:

a) Excluding projects prescribed in Point c of this Clause, the construction authority affiliated to the Ministry of Construction, the Ministry of specialized construction management prescribed in Article 76 of this Decree (hereinafter referred to as Ministry of specialized construction management) shall appraise the following projects in terms of the contents prescribed in Article 58 of the Law on Construction 2014: Projects assigned by the Prime Minister; projects group A; group-B and projects group C (other than those of which an eco-technical report is required) subject to investment decisions issued by Ministries, ministerial-level agencies, Governmental agencies, central authorities of political organizations, socio-political organizations (hereinafter referred to as central government authorities); projects to be constructed in administrative divisions of at least 2 provinces;

b) Except for projects prescribed in Point a of this Clause, each Service of Construction, Service of specialized construction management prescribed in Article 76 of this Decree (hereinafter referred to as Service of specialized construction management) shall assess projects group B and projects group C to be constructed in administrative divisions of the province in terms of the contents as prescribed in Article 58 of the Law on Construction 2014;

c) Services of specialized construction management affiliated to Hanoi city, Ho Chi Minh City shall appraise projects subject to investment decisions of the People’s Committee of city;

Regarding construction projects funded by capital derived from loans, bonds, funds, etc:

a) The construction authority affiliated to Ministry of specialized construction management shall appraise basic designs of the following projects in terms of the contents prescribed in Clause 2 Article 58 of the Law on Construction 2014 (except for the technology design aspect): projects assigned by the Prime Minister, projects group A; projects group B, projects group C (except for projects of which an eco-technical report is required) that are subject to investment decisions of central government authorities, economic groups, state-owned general companies under establishment decisions of the Prime Minister (hereinafter referred to as economic groups, state-owned general companies) or Ministry-affiliated general companies; projects to be constructed in administrative divisions of at least 2 provinces, other than projects prescribed in Points c, dd of this Clause;

b) Each Service of specialized construction management shall appraise basic designs of projects group B, projects group C to be constructed in administrative divisions of the province in terms of the contents prescribed in Clause 2 Article 58 of the Law on Construction 2014 (except for technology design aspect), other than projects prescribed in Points a, d and dd of this Clause;

c) Services of specialized construction management affiliated to Hanoi city, Ho Chi Minh City shall appraise basic designs of projects subject to investment decisions of the People’s Committee of city;

d) The specialized authority affiliated to the investment decision maker shall appraise technology design aspects (if any) and other contents of feasibility study reports as prescribed in Article 58 of the Law on Construction 2014, consolidate appraisal results and present the project for approval; appraise projects of which primary contents are procurement of goods, provision of services but relating to construction aspect, including Sections, or the Work which does not affect investment objects, safety in operation and use, and the cost amount of construction phase is under VND 5 billion;