Quyết định 64/2002/QD-BNN

DECISION

PROMULGATING THE REGULATION ON SELECTION, RECOGNITION, COMMENDATION AND REWARDING OF HIGH-QUALITY CONSTRUCTION WORKS

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 73 CP of November 1, 1995 stipulating the functions, tasks, powers and organizational apparatus of the Ministry of Agriculture and Rural Development;
Pursuant to Joint Circular No. 08/LBXD of January 7, 1992 of the State Commission for Sciences and Techniques, the Ministry of Construction, the Ministry of Communications, Transport and Post, the Ministry of Water Resources (now the Ministry of Agriculture and Rural Development), and Vietnam Construction Society on the consideration of commendation for typical high-quality works;
In order to raise the quality of construction works in the field of agriculture and rural development;
At the proposals of the director of the Department for Science, Technology and Product Quality and the director of the Department for Capital Construction Investment,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on selection, recognition, commendation and rewarding of high-quality construction works.

Article 2.- This Decision takes effect 15 days after its signing. This Regulation shall replace the Regulation on selection, recognition, commendation and rewarding of typical high-quality works, issued together with Decision No. 168 QD/KT of April 3, 1993 of the Ministry of Water Resources (now the Ministry of Agriculture and Rural Development). All previous provisions contrary to this Regulation are hereby annulled.

Article 3.- The director of the Ministry Office, the director of the Department for Science, Technology and Product Quality, the director of the Department for Capital Construction Investment, the director of the Department of Finance and Accounting, the directors of the provincial/municipal Agriculture and Rural Development Services, the directors of the Project Management Boards and the heads of the concerned units shall have to implement this Decision.

REGULATION

ON THE SELECTION, RECOGNITION, COMMENDATION AND REWARDING OF HIGH-QUALITY CONSTRUCTION WORKS
(Issued together with Decision No. 64/2002/QD-BNN of July 12, 2002 of the Minister of Agriculture and Rural Development)

Chapter I

GENERAL PROVISIONS

Article 1.- Object of application:

This Regulation prescribes the registration for selection, recognition, commendation and rewarding of newly constructed, renovated or repaired works with high-quality of the agriculture and rural development sector. These works are managed by the Management Boards of projects under the Ministry or the provincial/municipal Agriculture and Rural Development Services.

The works participating in the selection shall have their quality examined from the stage of their approved designs to the stage of their construction, hand-over and being put to use, but mainly the construction quality of the works.

The works participating in the selection are investment works and work items (newly constructed, renovated or repaired), including:

1. Clusters of irrigation works.

2. Separate items of irrigation works (sluices, spillways, dams, reservoirs dams, pumping stations, hydro-power stations, canal sections and works built on canals) with the investment capital of VND 3 billion or more. Special cases: small works in mountainous areas, works involving the application of technical advances or works with outstanding quality and artistic forms with the investment capital level lower than the above-said level, shall also be considered for selection, but they must be consented by the Selection Council’s Standing Body.

3. Construction, traffic, as well as civil and industrial architectural works under irrigation, agricultural and forestry projects.

Article 2.- Scope of application: This Regulation shall apply to all works stated in Article 1, which are built by domestic and foreign contractors and located in the Vietnamese territory.

Chapter II

REGISTRATION OF HIGH-QUALITY WORKS

Article 3.- All contractors undertaking the construction of works may register their works for the selection of high-quality works.

In cases where an work is constructed by many contractors, a representative contractor (agreed upon, being the contractor with the largest bidding package or appointed by the Project Management Board) shall have to compile the dossier of registration of such work for participation in the selection.

In cases where the work comprises many independent items constructed separately by contractors, each contractor may register its item for the selection.

Article 4.- Procedures for registration:

1. The contractors shall have to send registration applications to the Council for selection of high-quality works of the Ministry (its standing body is the Department for Science, Technology and Product Quality) before the construction of the works begins.

2. Special cases: The contractors may make the registration after the construction of the works begins, provided that they have plausible reasons therefor and obtain the consent of the Selection Council’s Standing Body.

Chapter III

SELECTION

Article 5.- Conditions for works to be selected as high-quality works:

1. With registration application.

2. The works must be completely constructed, tested before acceptance and use thereof, and go through a test period as follows:

a) Anti-flood works (reservoirs, spillways, dykes, embankments.) must go through a flood season.

b) Water-drainage works and drainage pumping stations must go through an waterlogging season.

c) Anti-drought works (irrigation pumping stations, irrigation sluices) must go through an irrigation season.

d) Other works must go through six months of operation.

In special cases where the works are actually put to use, but not yet tested before acceptance and handed over for objective reasons, the test period shall be calculated from the time the works are actually put to use.

Other cases shall be reported by the Council’s Standing Body to the Ministry for decision.

Article 6.- Dossiers of selection participation

The dossiers of participation in the selection shall be made in two sets and sent to the Ministry of Agriculture and Rural Development (via the Department for Science, Technology and Product Quality).

Article 7.- The Selection Council shall be composed of:

1. Chairman: The leader of the Department for Science, Technology and Product Quality

2. Members: Representatives of the following units: the Department for Capital Construction Investment, the Department for Water and Irrigation Project Management, the Department of Plans and Plannings, the Agriculture and Rural Development branch’s trade union, the Department for Flood and Storm Prevention and Combat and Dyke Management (if the works to be considered for selection are those invested with the sources of capital for dyke management and flood and storm control. A specialist from the Department for Science, Technology and Product Quality shall act as the Council’s secretary.

Article 8.- Responsibility of the Council:

1. To advise the Ministry on considering, recognizing and commending high-quality works, and propose measures to boost these activities within the entire branch.

2. The Council (or the Council’s representatives) shall have to supervise, organize field inspection and make records on the inspection of the work quality, guide and assist selection participation-registering units during the construction process so that the works reach high quality.

The Council’s working regimes shall depend on the requirements of the work. The Council’s decisions shall be valid when they are voted for by 2/3 or more of its members and when conducting the selection of the works, 2/3 or more of its members send their point-marking tables to the Council’s Standing Body.

Article 9.- Conditions for the works to be proposed for recognition as high-quality works include:

1. With complete dossiers as prescribed in Article 6

2. The mark given to the work (the average of the marks of the Council’s members) must reach 80% or more of the maximum mark. The marking table used to assess the works is defined in Appendix 3.

Article 10.- The dossiers to be submitted to the Ministry for recognition and commendation of high-quality works include:

1. The report of the Department for Science, Technology and Product Quality.

2. The minutes of the Selection Council’s meeting.

3. The written proposals of the investors or the Project Management Boards (for projects managed by the Ministry)

4. The written proposal of the contractors

5. The written proposals of the provincial/municipal Agriculture and Rural Development Services (for locally-run projects).

Chapter IV

COMMENDATION AND REWARD

Article 11.- Commendation titles:

When the works are recognized by the Ministry as high-quality works, the units involving in the construction of such works shall be commended and rewarded by the Ministry according to the following levels:

1. The execution contractors (B) shall be granted Gold Medal, Diploma of Merit, Certificate of recognition of high-quality work and reward money by the Ministry.

2. The consultancy contractors (designing), the Project Management Boards and sub-contractors (if any) shall, depending on their contributions, be granted Diploma of Merit, Certificate of high-quality work and reward money by the Ministry.

3. Collectives and individuals shall be granted Diploma of Merit and reward money by the Ministry.

4. Units which have many high-quality works shall be commended and rewarded by the Ministry of Agriculture and Rural Development and the Agriculture and Rural Development branch’s trade union in final reviews.

Article 12.- Reward levels:

The reward levels for collectives and individuals shall depend on their contributions to the high quality of the works.

In case of inflation, these above-said reward levels shall be decided by the Ministry to suit the situation.

Article 13.- Source of funding for reward payment:

a) To be deducted from the benefits earned from thrift practice and high quality of the works, or from other capital construction funding incorporated in the total cost estimates already approved.

b) To be deducted from the welfare fund and reward fund of collectives which have high-quality works.

For Project Management Boards, it shall be deducted from the sources prescribed in Item 4, Clause II, Section II of Circular No. 23/2002/TT-BTC of March 20, 2002 of the Ministry of Finance, on the basis of the total spending estimates of the Project Management Boards approved by the Ministry.

2. Order, procedures and responsibility to elaborate and effect the deduction for reward payment:

Right from the beginning, when elaborating the feasibility study reports and pre-feasibility study reports, the designing consultancy units which elaborate the cost estimates and total investment levels should incorporate therein an amount of expenses for quality inspection and encouragement. The Department for Capital Construction Investment and functional units shall assist the Ministry in expertising the cost estimates of such projects and submit them to the Ministry for approval. The Project Management Boards shall fill in the procedures to effect the expense deduction according to the Ministry’s decision and account them into the amount of other capital construction expenses of the works.

Other reward deductions shall comply with the Ministry’s decisions.

Chapter V

INTERESTS AND RESPONSIBILITIES OF THE CONCERNED UNITS

Article 14.- Interests of contractors (designing and execution contractors) having high-quality works:

1. When participating in bidding for works of the same category of the works already recognized as high-quality works, they shall enjoy preferential marks in the bid-marking table for each high-quality work.

The preferential marks shall be calculated only for works which are recognized as high-quality works within 5 years up to the date of bidding.

2. Contractors that have many high-quality works shall enjoy preferential treatment in bid consideration and appointment.

Article 15.- Responsibility of contractors (designing and execution contractors):

1. To report to the Council’s Standing Body on key landmarks in construction process such as flow impounding, pre-acceptance test of foundation ditch, ground treatment, main and complicated items so as to create convenience for supervision and inspection.

2. To organize the system of quality inspection and control, to train officials and workers in order to ensure the quality of the works.

3. To supervise and make notes on the quality of the works in diary, completely and truthfully report the situation and create favorable conditions for the Council when the latter conduct the inspection.