Some regulations in the construction field
(Baonghean.vn) - On February 6, the People's Committee of Nghe An province issued Official Dispatch No. 846/UBND-XD signed by Chairman of the Provincial People's Committee Nguyen Xuan Duong, stating a number of regulations in the construction sector implementing the Construction Law No. 50/2014/QH13. The content is as follows:
Law on Public Investment No. 49/2014/QH13 and Law on Construction No. 50/2014/QH13 have been effective since January 1, 2015; the Ministry of Construction has issued a document guiding the implementation in Official Dispatch No. 3482/BXD-HDXD dated December 30, 2014. While waiting for the Government to issue a Decree guiding the implementation of the law, to be specific and convenient in the implementation process according to the guidance of the Ministry of Construction, considering the proposal of the Department of Construction on the basis of synthesizing opinions of relevant sectors, the Provincial People's Committee temporarily assigns the work of appraising construction investment projects and designs as follows:
1.On appraisal of construction investment projects and Construction Investment Economic and Technical Reports:
a) For projects using state capital (including state budget capital, non-budget state capital and mixed capital with state capital):
- The specialized construction management departments shall preside over the appraisal of the entire content of group B and group C projects and the economic and technical reports on construction investment under the authority of the Chairman of the Provincial People's Committee to decide on investment and the basic design of group B and group C projects not under the authority of the Chairman of the Provincial People's Committee to decide on investment.
- The Department of Industry and Trade of districts, the Department of Urban Affairs of Vinh city and the Department of Urban Affairs of towns shall preside over the appraisal of construction investment projects and economic-technical reports on construction investment under the authority of the Chairman of the People's Committee at district level and the Chairman of the People's Committee at commune level to decide on investment (basic designs are still appraised by specialized construction management departments according to the above regulations).
b) For projects using other capital: Departments of specialized construction management, depending on the nature of the project, shall preside over the appraisal of the basic design content specified in Clause 2, Article 58 of the 2014 Construction Law for public works of level II and level III; Other projects and works shall be appraised by the investment decision maker in accordance with current legal regulations.
2Regarding design appraisal and construction estimates implemented after basic design:
The work of design appraisal and provisional estimates is applied according to the regulations on authority and design appraisal process in Decision No. 68/2013/QD-UBND dated December 27, 2013 of Nghe An Provincial People's Committee on promulgating regulations on assignment and decentralization of state management of construction quality in Nghe An province.
3.Assign specialized construction management departments; Vinh City People's Committee, districts and townsAnnounce administrative procedures to receive and conduct appraisals in accordance with "one-stop" regulations, shortening the time according to administrative reform regulations.
4.Project appraisal transition processing:Projects submitted for appraisal by the Department of Planning and Investment before December 31, 2014 but not yet approved shall be assigned to the Department of Planning and Investment for further appraisal and submission to the Provincial People's Committee for approval. Other contents shall be implemented according to Official Dispatch No. 3482/BXD-HDXD dated December 30, 2014 of the Ministry of Construction and this document.
5.To the Department of Construction:
- Take the lead in disseminating and guiding the above regulations to ensure effective and legal implementation; Coordinate with the Department of Planning and Investment and relevant agencies and units to review and advise the Provincial People's Committee to issue new regulations on construction investment management to replace Decision No. 109/2009/QD-UBND dated December 9, 2009 of the Provincial People's Committee and other relevant regulations when the Government issues new decrees guiding the law.
- Preside over and coordinate with relevant departments and branches to review and advise the Provincial People's Committee on specific plans to promptly consolidate, arrange or establish specialized project management boards or regional project management boards according to the provisions of the Construction Law to manage projects using state budget capital, to be completed before April 30, 2015.
If there are any difficulties or problems during the implementation process, they must be promptly reported to the Provincial People's Committee for consideration and specific guidance, or reported to the Government, ministries and central branches for implementation opinions./.
Provincial People's Committee