Thông tư 77/2014/TT-BGTVT

CIRCULAR

DEFINING PROCEDURES OF DREDGING AND MAINTAINING HAI PHONG, SAIGON - VUNG TAU MARITIME NAVIGABLE CHANNEL ROUTES UNDER PILOT REGULATIONS IN THE PRIME MINISTER’S DECISION NO. 73/2013 / QD-TTG OF NOVEMBER 27, 2013 ON PILOT APPLICATION OF REGULATIONS ON DREDGING AND MAINTAINING MARITIME NAVIGABLE CHANNEL ROUTES MANAGED BY THE MINISTRY OF TRANSPORT

Pursuant to the Law on Bidding No. 43/2013 / QH13 of November 26, 2013;

Pursuant to the Government’s Decree No. 107/2012 / ND-CP of December 20, 2012 , defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 21/2012 / ND-CP of March 21, 2012 on the management of ports and navigable channels ;

Pursuant to the Government’s Decree No. 15/2013 / ND-CP of February 06, 2013 on construction quality control ;

Pursuant to the Government’s Decree No. 114/2010 / ND-CP of December 6, 2010 on construction maintenance;

Pursuant to the Government’s Decree No. 12/2009 / ND-CP of February 12 , 2009, on management of investment projects of construction; Decree No. 83/2009 / ND-CP of October 15, 2009, amending and supplementing a number of articles of Decree No. 12/2009 / ND-CP;

Pursuant to the Government’s Decree No. 112/2009 / ND-CP of December 14, 2009 on the management of the investment cost of construction;

Pursuant to the Government’s Decree No. 130/2013 / ND-CP of October 16, 2013 on the production and supply of public services and products;

Pursuant to the Government's Decree No. 63/2014 / ND-CP of June 26, 2014, providing guidance a number of articles of the Bidding Law on contractor selection;

Pursuant to the Prime Minister's Decision No. 73/2013 / QD-TTg of November 27, 2013 on pilot application of regulations on dredging and maintaining maritime navigable channel routes managed by the ministry of transport;

At the request of the Director of Department of Transport Infrastructure and the Director of Vietnam Maritime Administration ,

Minister of Transport promulgates the circular defining procedures of dredging and maintaining maritime navigable channel routes in Hai Phong, Saigon - Vung Tau under pilot regulations in the prime minister’s decision no. 73/2013 / QD-TTG of November 27, 2013 on pilot application of regulations on dredging and maintaining maritime navigable channel routes managed by the ministry of transport.

Article 1. Scope of regulation

This circular shall define procedures of dredging and maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes managed by the Ministry of Transport Management, included in the State budget funds, applied pilot regulations on public bidding for the all-inclusive contracts to maintain the design standards of channel routes for the period from 2015 to the end of 2016 at fixed fund on the basis of projects on dredging , maintaining maritime navigable channels and all-inclusive contracts. Fundings are not regulated by this Circular.

Article 2. Regulated entities

This Circular shall be applied to the State management agencies, organizations and individuals involved in dredging , maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes under the management of the Ministry of Transport Management, included in the State budget funds, applied pilot regulations on public bidding for the all-inclusive contracts to maintain the design standard of channel routes for the period from 2015 to the end of 2016 at fixed fund on the basis of projects on dredging , maintaining maritime navigable channels and all-inclusive contracts. Fundings are not regulated by this Circular

Article 3. Implementation organizations

1. The Agency assigning plans, budget estimates: Ministry of Transport.

2. The Agency managing the maritime navigable channels: Vietnam Maritime Administration

3. The representative of the Agency managing the maritime navigable channels : Maritime safety Corporations.

Article 4. Procedures

1. Make plans and budget estimates of the construction

2. Make Plans for selecting contractors.

3. Organize the selection of contractors.

4. Transfer the construction sites.

5. Commence the construction.

6. Accept the construction and the public products and services.

7. Make payment and settlement of the construction and contracts of supply of public products and services.

Article 5. Make plans and budget estimates of the construction

1. Vietnam Maritime Administration shall select and sign contracts with consultancy unit to make plans for dredging, construction budget estimates of dredging and maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes applied pilot regulations on public bidding for the all-inclusive contracts.

2. Vietnam Maritime Administration shall verify, report to the Ministry of Transport for approved the plan of dredging and maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes for 2015 and 2016 applied pilot regulations on public bidding for the all-inclusive contracts .

3. Consultancy units shall base on the approved plan and the relevant factors to determine the value of the detailed estimate of construction, and request the Vietnam Maritime Administration for verification and approval in accordance with regulations.

4. Maritime Safety Corporations shall make budget estimates for environmental protection in accordance with regulations and request the Vietnam Maritime Administration for approval.

Article 6. Make plans for selecting contractors.

Maritime safety corporations shall make plans for selecting contractors and request the Vietnam Maritime Administration for approval in accordance with regulations.

Article 7. Organizing the selection of contractors.

1. Vietnam Maritime Administration shall:

a) Verify and approve of invitations for bid and the results of selection of construction contractor of dredging and maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes .

b) Select and sign contracts with monitoring consultancy units in accordance with the law on bidding or assign the Project Management Board under to supervise as prescribed.

c) Select and sign contracts with the consultancy unit in conducting surveys, measurement and irregular inspection (at least 03 times /channel route / year with the location, surveyed and measured range selected the probability by the investor on the construction field, the surveyed area of at least 20% of the channel route / 01 time) to inspect the ability to maintain the design standard for channel route of the contractor.

d) Approve the contents of the contract of dredging and maintaining maritime navigable channel routes in the form of all-inclusive contracts in accordance with the provisions of law.

2. Maritime Safety Corporations shall:

a) Select and sign contracts with bidding consultancy unit, make invitations for bid to select the construction contractor of dredging and maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes , and request the Vietnam Maritime Administration for approval.

b) Evaluate the bid-envelopes for dredging and maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes and request the Vietnam Maritime Administration for verification and approval the results of selection of the construction contractor as prescribed.

c) Select and sign the contract with the consultancy unit in implementation of environmental protection in accordance with the law on bidding.

d) Negotiate the content of the dredging and maintaining contract: scope, scale, guideline, 02- year contract duration (2015 and 2016), advance, payment, guarantee the contract, actions against violations, force majeure and other necessary contents; request the Vietnam Maritime Administration for approval the contents of the contract; enter into the contract of dredging and maintaining in the form of all-inclusive contracts, not adjust the funding for construction contractors.

Article 8. Transferring construction site.

1. The Vietnam Maritime Administration shall take charge and transfer the construction site (including the approved location of dredged mud) to construction contractors. The time of transfer shall be in 2014 when the dredging and maintaining is implemented or before dredging.

2. Maritime safety corporations , supervision consultants, consultants of plan making and dredging budget estimates shall cooperate with the Vietnam Maritime Administration to transfer the construction plan to the construction contractor .

Article 9. Commencement of Construction .

1. Construction contractor shall:

a) Ensure implementation of the contract in accordance with law and the signed all-inclusive contracts.

b) Dredge under the provisions of the contract and the law, ensure the standard design (length, channel width, the bottom height, dredging slope ... ) of the whole channel route during the duration of the contract.

c) Examine and make plans for dredging within 02 days after detecting of the shallow location or receiving the report or request of competent agencies ; dredge the shallow location to achieve the standard design of channel routes at the latest of 05 days after detecting the shallow location or receiving the report or request of competent agencies; complete the construction within 20 days after receiving feedback and requirements; simultaneously notify the monitoring consultancy unit to supervise the construction as prescribed.

In case of force majeure events (natural disasters, hurricanes, floods, earthquakes, tsunamis ...) without conducting the survey and dredging the shallow location, the construction contractor must immediately report to the Maritime Securing cooperation for guidance and at the latest of 02 days after the termination of the force majeure events, conduct the survey and make the dredging plan and dredge immediately the shallow location which meets the standard design requirements of channel routes. The construction completion time shall be within 20 days.

d) Select the survey measuring unit to internally accept the results of the field construction as prescribed. Measure and survey the results of dredging the shallow sections by the funding of construction contractors in cases specified at Point b, Clause 2 of this Article.

dd) If the construction contractor does not complete the dredging meeting the standard design requirements of channel routes in accordance with the time, schedule and quality as agreed in the contract and is complained and warned 01 time but still not complete dredging the shallow location meeting the standard design requirements of channel routes as defined in point c of this clause, the Maritime safety corporation shall report to the Vietnam maritime Administration for approval of selection of qualified construction contractors with the suitable unit price at the time of implementation.

The construction contractor shall make a full payment to the selected contractor within 07 days after the construction contractor receives the funding under the signed contract. If the construction contractor delays in payment or does not make a full payment to the selected contractor when completing the full payment procedures as prescribed, the Maritime safety corporation shall report to the Vietnam Maritime Administration for decision to implement the necessary measures in accordance with the relevant provisions of the law and agreements of the all-inclusive contracts signed to ensure the payment to the selected contractor .

e) If the contractor does not complete the dredging meeting the standard design requirements of channel routes in accordance with the time, schedule and quality as agreed in the contract and is complained and warned 03 times or 02 consecutive times but still not complete dredging the shallow location meeting the standard design requirements of channel routes as defined in point c of this clause, or pour mud in wrong positions, transfer bids contrary to the provision of the law, the Maritime safety corporation shall report to the Vietnam maritime Administration for termination the signed contract and selection of other qualified construction contractors prescribed to proceed the plan.  

g) In addition to the measures prescribed in points dd and e of this clause, the construction contractor shall also be fined for the contract, remedy the violation results, responsible for the incidents against ships due to shallow navigable channels and face up to other responsibilities as prescribed by law and agreements in the signed contract .

2. Maritime safety corporation shall :

a) Manage, inspect and monitor regularly the implementation process of the construction of the contractor and the process of survey, measurement and acceptance of work in the field.

b) Conduct survey, measurement and maritime notice as prescribed (regularly 02 months/01 time for Hai Phong maritime navigable channel routes , 06 months/01 time for Saigon-Vung Tau maritime navigation channel routes ) to test the ability to maintain channel route standard design of the contractor. If detecting the shallow position, the maritime safety corporation shall take the initiative in notification to request the contractor to dredge immediately the shallow positions meeting the standard design requirements of channel routes , simultaneously notify to the monitoring consultancy unit to carry out supervision as prescribed.

c) Publicize the maritime notice on the basis of measurement and survey results.

d) Periodically report every 02 months on measurement and survey results and the result of implementation of dredging and maintaining to the Vietnam Maritime Administration and local port authorities.

e) Report on the results of supervision of environmental quality during the implementation of dredging and maintaining to the Ministry of Transport and related entities in accordance with the law on environmental protection.

3. Vietnam Maritime Administration shall:

a) Direct the maritime safety corporation and related units to conduct periodical measurements and surveys, maritime notice as prescribed to test the ability to maintain the standard design of the channel route of contractors and serve the work acceptance in phases or acceptance the completion work to put into use .

b) Direct the consultancy unit to take irregular inspection, measurement and survey to test the ability to maintain the standard design of channel routes of the construction contractor.

c) Review the quality and progress of dredging and maintaining the construction, maritime safety in the construction process; suspend the construction and handle violations of contractors and involved organizations and individuals in accordance with the law.

Article 10. Acceptance of construction and public products, service

1. At the end of the first year (2015), based on the parameters, standards of the channel routes ordered , the Vietnam Maritime Administration shall organize for completion acceptance of dredging and maintaining the standard design in construction phase and dredging volumes.

2. At the end of the second year (2016), the Vietnam Maritime Administration shall organize for completion acceptance of dredging and maintaining the standard of the channel routes .

Article 11. Payment, settlement of construction and contracts of supply of public products and services.

1. Every year, the Vietnam Maritime Administration shall make settlement of the construction on the basis of completion results according to regulations and signed contracts ; make payment and settlement for the maritime safety corporation and the contractors under the contract signed by the Vietnam Maritime Administration .

2. Each year, the maritime safety corporation shall advance and pay to contractors on the basis of completion results under contract signed by the Corporation signed.

3. The procedures of making payment and settlement for dredging and maintaining maritime navigable channel routes in Hai phong, Saigon - Vung tau shall be implemented in accordance with guidance circular of the ministry of finance, defining the payment and settlement of dredging and maintaining maritime navigable channel routes managed by the ministry of transport.

Article 12. Supervision of implementation of dredging, maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes

Contents and supervision of dredging and maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes shall comply with the provisions of Chapter 3 of the Minister of Transport’s Circular No. 28/2014 / TT- B GTVT dated July 29, 2014, defining procedures for dredging, maintaining of maritime navigable channel routes managed by the Ministry of Transport, included in the state budget  

Article 13. Responsibilities of organizations and individuals in the implementation of dredging, maintaining Hai phong and Saigon - Vung Tau maritime navigable channel routes.

1. Responsibilities of organizations and individuals in the implementation of dredging, maintaining Hai Phong, Saigon - Vung Tau maritime navigable channel routes shall comply with the provisions of Chapter 4 of the Minister of Transport’s Circular No. 28/2014 / TT- BGTVT dated July 29, 2014, defining procedures for dredging, maintaining of maritime navigable channel routes managed by the Ministry of Transport, using the funds from the state budget.

2. Apart from the responsibilities specified in clause 1 of this Article, the construction contractor who does not complete the signed contract and has the contract terminated shall also be responsible for remedy for the damage they have caused, banned from participation in construction of dredging and maintaining the maritime navigable channel route from 01 to 03 years and face up to other responsibilities under the provisions of law.

Article 14. Effect

This Circular takes effect on January 05, 2015.

Article 15. Implementation organizations

1. The Chief of the Ministry Office, the Chief Inspector of Ministry Office, General Directors, Director of Vietnam Maritime Administration, general director of north maritime securing corporation, general director of south maritime securing corporation and involved agencies, organizations, and individuals shall implement this Circular.

2. Any problems arising in the course of implement should be reported to the Ministry the Ministry of Transport for consideration and solving./.