Quyết định 1058/QD-BGTVT

DECISION

ON ASSIGNMENT AND AUTHORIZATION TO PROJECT MANAGEMENT BOARD IN MANAGEMENT OF INVESTMENT IN PROJECTS INVESTED BY THE MINISTRY OF TRANSPORT

THE MINISTER OF TRANSPORT

Pursuant to the Law on Construction No. 16/2003/QH11 dated November 26^th 2003;

Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29^th 2005;

Pursuant to the Law on the amendment and supplementation of the laws related to fundamental construction No. 38/2009/QH12 dated June 19th 2009 by the National Assembly;

Pursuant to the Government's Decree No. 51/2008/ND-CP dated April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Decree No. 12/2009/ND-CP dated February 12^th 2009 by the Government on the management of the investment projects on the construction of works; Decree No. 83/2009/ND-CP dated October 15^th 2009 by the Government on amendments to a number of articles of Decree No. 12/2009/ND-CP dated February 12^th 2009 by the Government on management of the investment projects on the construction of works;

Pursuant to the Decree No. 85/2009/ND-CP dated October 15^th 2009 by the Government providing guidance on the implementation of the Law on Bidding and selection of construction contractors under the Construction Law;

Pursuant to Decree No. 131/2006/ND-CP dated November 09^th 2006 by the Government promulgating the regulations on management and use of the official development assistance;

Pursuant to Decree No. 112/2009/ND-CP dated December 14^th 2009 by the Government on management of the investment in the construction of works;

Pursuant to the Decree No. 113/2009/ND-CP dated December 15^th 2009 by the Government on supervision and assessment of investment;

Pursuant to the Circular No. 03/2009/TT-BXD dated March 26^th 2009 by the Ministry of Construction detailing a number of articles of the Decree No. 12/2009/ND-CP dated 12/02/2009 by the Government on management of investment projects on the construction of works;

At the request of Director of the Department of transport engineering construction and quality management,

DECIDES:

Article 1. The Minister of Transport shall assign the tasks and authorize the General Director/Director of the Project management board (hereinafter referred to as the PMB) in charge of management of the projects invested the Ministry of Transport as the investor that directly manages the project to carry out a number of tasks of the investor as follows:

1. Conduct surveys and formulate investment report (project proposal), investment project, investment project adjustment:

The PMB shall comply with the rights and responsibilities of the investor according to the regulations excluding the following tasks:

- Conducting appraisal and granting approval for the bidding plans;

- Conducting appraisal and granting approval for the draft of tasks and expense of survey to formulate the investment report (project proposal), investment project, investment project adjustment;

- Conducting appraisal and granting approval for the selection of consultant contractor, excluding the consultant contractor for B and C group projects.

- Cases other than those mentioned above shall be decided by the Ministry of Transport.

2. Design and estimate:

2.1. The PMB shall carry out appraisal and approval for construction drawing of 3-stage design construction, excluding the construction of which the level of appraisal/approval for construction drawing has been regulated by the Ministry in the decision on approval for the technical design.

2.2. The PMB shall carry out appraisal/approval for the modification in the technical design (applicable to 3-stage design construction), carry out modification to the construction drawing (applicable to 2-stage design construction), adjust the estimate ensuring that the modification does not cause the change in the location, scale, the designing standards of the project that are approved and the goals of the project; the estimate shall not exceed the total investment.

2.2.1. Approval for adjustment to the design shall comply with the following regulations:

a) Road, road bridge, railway and railway bridge:

- Regarding topographical maps: horizontally shift the middle line of the route by not more than 3 meters, adjust (increase or decrease) the horizontal curve radius to suit to the actual topography without changing the technical features of the route in comparison with the approved design. Nevertheless, this radius must not be smaller than the minimum horizontal curve radius (Rmin) that is approved.

Such adjustment must not affect the scale of the permanent site clearance of the project as well as the construction progress.

- Regarding profile designs: adjust the design ensuring that the longitudinal slope is conformable with the regulations and does not exceed the value of the maximum slope that is approved (within the acceptable value), the use of allowable slope shall be reported to the Ministry of Transport.

- Regarding the cross section: adjust the talus (negative or positive) according to the geologic conditions of the sections of route on the basis of the proposed analysis report of the supervision consultant.

Check and grant approval for the change in level of soil and rock according to the actual geologic conditions of the locale depending on the verification of the supervision consultant and the survey and design consultant.

- Working of the roadbed:

+ Check and grant approval for the adjustment to the length of sand pile, vertical artificial drain and other materials that are approved in the technical design; decrease the treating area of weak ground; increase not more than 5% of the approved scale to conform to the geologic conditions after the result of trial construction is produced.

+ Check and grant approval for the measures for excavation for partial replacement of weak ground according to the proposal of the supervision consultant regarding the sections with depth of under 1 meter in comparison with the height of the top of the digging arising during the construction process; if the depth is over 1 meter, the PMB shall report to the Ministry for approval for policies.

+ Other cases are approved after being approved by the Ministry of Transport.

- Regarding the architectural structure of the upper layer of railway and road: retain the structure of the surface of road, adjust the depth of the old regulating layer according to the actual conditions (applicable to road works).

- Culverts:

+ Adjust the location and the length of culverts, consolidate the upper and lower reaches of culverts according to the actual topographic conditions and flow.

+ Adjust and increase the quantity and aperture of culverts according to the reality after being approved by the Ministry of Transport.

+ Adjust the longitudinal drainage, intercepting ditch depending on the technical measures that are approved in the technical designs.

- Sewers:

+ Adjust the location and length of sewers according to the actual topographic conditions and the public roads.

+ Adjust and increase the quantity and aperture of the subways according to the reality after being approved in the earlier stage.

- Bridges:

+ Adjust the location of bridge according to the actual topographic and flowing conditions at the request of the consultants (design consultant and supervision consultant) supposed that the span layout and structure of the bridge are unchanged.

+ Adjust the depth of bridge foundation (abutment) and length of piles according to the geologic conditions after getting the result of drilling or of the trial of piles

Adjust the diameter of steel bar supposed that the total area and type of steel are unchanged, ensuring the technical factors that are approved.

- Auxiliary works and traffic safety works:

Grant approval for auxiliary works (bypass, yard, service road, etc) that are not included in the approved design, in case the plan is approved by the Ministry of Transport.

If the policy is granted approval, adjust the traffic-safety construction items like median strip, road marking paint, Km post, marker post, traffic sign, guard rail, etc. according to the actual conditions of the locale.

- Protective works

Adjust the size and location of the embankment and retaining wall according to the actual topographic and geologic conditions on the basis of the proposal of the supervision consultant. In case of necessity of addition or modification of structure of the retaining wall, the PMB shall report to the Ministry of Transport for consideration and approval.

Adjust the measures for consolidating and protecting the talus on the basis of the proposal of the supervision consultant, design consultant and when the policy has been approved by the Ministry.

- The junctions and ramps:

Adjust partly the side road and transitional length to avoid big compensation/clearance according to general planning of local government and characteristics of the junction and ramp that are approved by the Ministry of Transport.

- Tunnels:

Grant approval for detailed design when there are changes in comparison with the previous stage of design that is approved, including:

+ Plans on consolidation of the surface of the slope at necessary place to avoid erosion or landslide when the previous stage of design has been approved or the change of scale has been approved by the Ministry of Transport.

+ The change in level of soil and rock according to the actual geologic conditions of the locale depending on the report and verification of the supervision consultant.

+ The amount of excavation or landslide due to force majeure like geologic conditions, hydrographic conditions, natural disasters and the amount of concrete making up for the amount of excavation (whose average excavation shall be controlled at under 15 cm) and the slipped land.

+ Modification in the type and distance between the supporting steel plates according to the actual geologic conditions on the basis of the report and verification of supervision consultant.

+ Increase or decrease in the amount and type of ground anchors according to the actual geologic conditions and deformation measurement results in accordance with technical regulations during the construction process on the basis of the report and verification of supervision consultant.

b) Port and waterway construction:

- Building revetments, dredging wharves and streams:

+ Adjust the horizontally shift the middle line of the route (in the scale of under 5.0-meters radius), adjust the horizontal curve radius (increase or decrease) to be suitable to the actual topography but not modify the scale and technical rank of the route in comparison with the approved design in the previous stage and not smaller than the minimum horizontal curve radius (Rmin) that is approved.

+ Adjust the slope and dredging scale of the foundation of the jetty, wharves and streams according to the actual geologic and topographic conditions on the basis of the report and verification of the supervision consultant and design consultant.

+ Adjust the height and slope of the jetty according to the geologic and topographic conditions on the basis of the report and verification of the supervision consultant and the design consultant supposed that the approved technical requirements and structure are unchanged.

+ Such adjustment above shall ensure that the approved technical standards are unchanged and the expenditure on construction does not increase or increases by an amount within the provisional amount of the package specified in the contract and the site clearance as well as the progress and bearing capacity of the work are not affected.

- Wharves, canal overpasses, dry locks, embankments:

+ Grant approval for amendments to minor parts and repairing measures on the basis of the design in the previous stage, supposed that the structure and bearing capacity of such parts are unchanged.

+ Such adjustment above shall ensure that expenditure does not increase or increases by an amount within the provisional amount of the package specified in the contract and the site clearance as well as the progress of the work are unchanged.

- Signaling buoy: grant approval for adjustment of location and make amendment on the basis of the report and verification of the supervision consultant.

c) Mechanical/architectural works and other construction items:

- Make minor changes in location of the foundation and other structure according to the geologic conditions on the basis of the report and the verification of the supervision consultant supposed that the bearing capacity of the work is unchanged.

- Make minor changes in placement and area of rooms according to using requirements.

2.2.2. Estimate:

Conduct appraisal and grant approval for the additional estimate for the arise amount, make up the contractual price according to the current regulations specified in the contract; the total value of the estimate must not exceed the provisional value of the package that is specified in the contract. If the total value of the estimate exceeds the provisional value of the package that is specified in the contract, the PMB shall submit documents to the Ministry of Transport for consideration and decision.

2.3. Regarding the contents that are authorized to the General Director of such PMB, however, the adjustment of complicated estimate and design that requires the opinions of the Ministry of Transport, the PMB shall report to the Ministry of Transport before carrying out the appraisal and approval for the adjustment of design according to the regulations.

3. Site clearance, relocation, preparation of construction premises

The PMB shall carry out the responsibilities and power of the investor according to the current regulations towards the site clearance. The PMB shall supervise and assist local government in site clearance activities to ensure the site clearance progress for the implementation of the project when the Ministry of Transport has issued the Decision on authorizing the local government to carry out according to the Decree No. 69/2009/ND-CP dated 13/8/2009 by the Government.

4. Selection of contractors during investment progress:

4.1. The Ministry of Transport shall assign and authorize the PMB co carry out a number of tasks in the contractor selection activities as follows:

a) Give decision on establishment of the bidding expert teams.

b) Regarding competitive bidding of consultant package: grant approval for EOI request and the short list of contractors participating in the bidding war.

c) Regarding the selective bidding: select and grant approval for the list of contractors participating in the bidding war.

d) Conduct appraisal, grant approval for invitation for bid and the result of contractor selection, applicable to the auditing consultancy service package and construction insurance contractor package of B and C group projects. Conduct appraisal and grant approval for invitation for bid and the packages of estimate and design appraisal consultant.

dd) Grant approval for the list of contractors that satisfy the technical requirements and the rank of contractors.

e) Grant approval for the proposals of the bidding packages in form of direct contracting and competitive selling in goods purchase.

g) Grant approval for the result of direct contracting of the direct contracting package having value within the limit prescribed in clause 1 Article 40 of Decree No. 85/2009/ND-CP dated 15/10/2009 by the Government excluding the packages of estimate and technical design appraisal.

h) Decide the handling measures for bidding, applicable to the packages in which the PMB is authorized to grant approval for contractor selection.

4.2. Negotiation, completion and conclusion of contracts and adjustment to contracts:

a) The PMB shall negotiate and conclude contracts with contractors (consultant contractor, supplying contractor, building contractor, etc.) The PMB shall decide the approval according to the regulations (if any, applicable to ODA capital from JICA) and shall take responsibilities for the contents of contract; conclude a contract with the selected contractor and comply with the provisions in such contract.

b) Regarding the adjustment to the contract: the PMB shall carry out the negotiation and conclusion of the annex providing additional provisions to the contracts depending on the decisions on adjustment of the project, total investment level, adjustment of design and estimate that are approved. If the adjustment value exceeds the provisional value of the package that is specified in the contract, the PMB shall report to the Ministry for approval.

c) Regarding the personnel management of the contractor and the consultant: the PMB shall consider granting approval for the adjustment of staff of the consultant and the contractor supposed that the replacing people have similar or better efficiency.

5. Transfer of amount of work and addition of sub-contractors:

a) Check and grant approval for the proposal of the contractor on the addition of sub-contractors or transfer the amount of work in contract of the contractor according to the concluded contract in case such amount is not more than 10% of the amount of work that the main contractor must carry (after deducting the work belonging to the responsibilities of the sub-contractor according to the concluded contract).

b) If the amount of work subject to transfer to another contractor is more than 10% of the amount that the main contractor must carry (after deducting the work belonging to the responsibilities of the sub-contractor according to the concluded contract), the PMB shall report and suggest the transfer by adding contractors or terminate the current contract to select another one and report to the Ministry of Transport for decision.

6. Management of properties of projects and finalization of completed projects

6.1. With regard to the management of properties: the PMB shall take the whole responsibilities of the investor according to the law provisions in property management (including the properties if the PMB and the properties of the project) during the implementation of the project and the recall of properties when the project finishes. The PMB shall request the Ministry to discuss with regulatory agencies and decide the regulations on management and settlement of properties in the project during the implementation of the project and when the project finishes according to the current regulations.

6.2. The finalization of investment in the project when the project finishes:

The PMB shall complete the legal procedures right from the preparation, implementation and finish of investment; review the legal procedures, retain and collect sufficiently the finalizing documents, draw up report on finalization of the completed project, carry out independent audit and report the competent authority to for appraisal and approval according to the regulations.

The PMB shall supplement and provide sufficiently the documents on inspection before and after finalizing the completed project as the basis for implementing and handling the conclusion of the Government Inspectorate, the State Audit Office, Ministry Inspectorate and line inspectorate according to the regulations.

7. Acceptance, completion, use and maintenance of construction works:

7.1. The PMB shall carry out the tasks of investor according to current regulations on acceptance and completion of construction works.

7.2. Regarding the use of construction works, the Ministry of Transport shall assigned the PMB to complete the procedures, sign the acceptance records of completion of work/work items as the basis for completion of documents and procedures and request the Ministry to decide the use of the work.

7.3. The PMB shall carry out the tasks of investors according to current regulations maintenance of works.

Article 2. The inspection, audit and work with the national appraisal councils, the national acceptance councils and the construction quality inspection agencies/councils

1. The PMB shall take responsibilities for reporting and explaining on request and working with the inspectorate and audit office, applicable to the project requiring inspection/audit. In case of necessity, the PMB shall report to the Ministry for direction and cooperation of functional agencies affiliated to the Ministry.

2. The PMB shall represent the investor to work with the national appraisal councils, the national acceptance councils, other councils and the agencies in charge of inspection of construction quality, applicable to projects requiring the inspection and supervision of such agencies. The PMB shall strictly cooperate with the consultant Departments and promptly report to the Ministry the contents and results during the contact with such agencies.

3. The PMB shall report to the Ministry the schedule of the Inspectorates, audit mission and the inadequacy (if any) for resolution as soon as the draft of conclusion of inspection/audit is issued.

Article 3. The PMB shall carry out the supervision and assessment of the investment of the investor according to the regulations. Besides, the reporting PMB shall satisfy the following requirements:

1. The PMB shall perform sufficiently and promptly the periodic statistical reports according to the regulations; report periodically (every quarter) and irregularly at the request of the Ministry of Transport the results of implementation of the authorized and assigned tasks.

2. Any special and emergency situations or other difficulties during the implementation of the authorized and assigned tasks shall be promptly reported to the Ministry of Transport for direction and resolution.

Article 4. This Decision comes into effect since it is signed and replaces the relevant regulations that are provided before. Before the effective date of this decision, the PMBs and relevant agencies shall comply with the regulations in Decision No. 64/2007/QD-BGTVT dated 28/12/2007 by the Ministry of Transport promulgating the regulation on assignment and authorization of tasks to PMBs in the construction investment management of projects of which the investor is the Ministry of Transport”.

Head of the PMB shall take personal responsibilities to the Minister of Transport and to the law for the authorized and assigned tasks.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Transport for consideration, guidance, adjustment or amendments.

Article 5. The director of the Ministry Office, the Chief Inspector of Ministries, Departments affiliated to the Ministry, Department of transport engineering construction and quality management, PMBs that are authorized to manage the projects of which the investor is the Ministry of Transport and relevant agencies and units are responsible for implementing this Decision.