Laws of Vietnam

THE MINISTER OF COMMUNICATIONS AND TRANSPORT

Pursuant to the Government’s Decree No. 22/CP of March 22, 1994 defining the tasks, powers, State management responsibilities and organizational structure of the Ministry of Communications and Transport;

Pursuant to the Regulation on the selection of high-quality projects and typical projects, issued together with Document No. 27/LB/TWH of February 17, 2000 of the Vietnam Construction Society;

At the proposal of the director of the Department for Expertise and Control of Traffic Works’ Quality, the standing body of the Council for Selection of High-Quality Works, regarding the supplement and amendment to the Regulation on the Selection of High-Quality Traffic Works, which is issued together with Decision No. 214/CGD of February 14, 1998,

DECIDES:

Article 1.- To issue together with this Decision the "Regulation on the Selection of High-Quality Traffic Works: in replacement of the Regulation on the Selection of High-Quality Works issued together with Decision No. 214/CGD of February 14, 1998.

Article 2.- This Decision takes effect from the date of its signing and applies to all traffic construction works nationwide. All provisions which are contrary to this Decision are now annulled.

Article 3.- The Council for Selection of High-Quality Works, the heads of the agencies and units in the branch, the traffic works-constructing units and the concerned agencies shall have to implement this Decision.

For the Minister
Vice Minister
PHAM QUANG TUYEN

(Issued together with Decision No. 2885/2000/QD-BGTVT of September 29, 2000)

Article 1.- General provisions

This Regulation provides for the works qualified for selection, the registration and assessment criteria, the procedures and order for selection registration and some other provisions related to the consideration and selection of high-quality traffic works.

1.1. Bases for issuance of the Regulation:

- Document No. 27/LB/TWH of February 17, 2000 of the Vietnam Construction Society on the Regulation on the selection of high-quality works and typical works.

1.2. Objects qualified for selection

They shall be traffic works (a project or a bid package for big projects), irrespective of their capital source and geographical location, with high quality and with the construction and installation value ensuring the following levels:

1.3. High-quality traffic works shall be classified into two classes:

- First-class high-quality projects.

- Second-class high-quality projects.

Particularly for first-class high-quality projects, they may be introduced by the Ministry of Communications and Transport to the Selection Steering Committee, of the Central Committee of the Vietnam Construction Society according to Regulation No. 27/LB/TWH of February 17, 2000 for consideration of awarding of Gold Medal to typical high-quality works.

1.4. Consideration and selection time: once a year, except for special cases for which special consideration may be made once or twice a year.

Article 2.- Conditions for selection registration

2.1. To apply for selection, works must satisfy the conditions on construction and installation value stated in Item 1.2 and have been pre-acceptance tested and put into operation for at least one year.

2.2. Units participating in the selection

- For designing units: For each work, only one principal designing unit may be registered.

- For constructing units:

+ Only principal contractors may be registered for selection.

+ Where a work is constructed by several principal contractors (for several bid packages), only units directly participating in the construction and installation with the bid package’s construction and installation value accounting for at least 30% of the total construction and installation value may be registered for selection.

- Each unit may have no more than 3 works for selection of high-quality works in three years.

Article 3.- Order and procedures for selection registration

3.1. To be qualified for selection, works must have been registered for achieving high quality before the date of commencement of construction.

3.2. The standing body of the Council for Selection of High-Quality Works shall base itself on the documents and information on the projects registered for selection, to choose and propose a list of projects and units participating in the selection for adoption by the entire Council. The list, already approved by the Council, shall be notified by the Council’s standing body to the units that have registered so that they proceed with compiling the selection dossiers.

3.3. Where a work qualified for selection has been constructed by several principal contractors, such contractors shall join together in making one dossier of application for selection, the unit that assumes the prime responsibility for compiling such dossier shall have its name inscribed in the notice of the Council’s standing body.

Article 4.- Contents of dossier of application for selection

4.1. Selection application documents shall be addressed to the Council for Selection of High-Quality Works of the Ministry of Communications and Transport (through the Council’s standing body, i.e. the Department for Expertise and Control of Traffic Works’ Quality). Such a selection application dossier should be detailed and necessarily enclosed with the investor’s report on the following contents:

- The work’s total construction and installation value.

- It is assured that the applying unit is the principal contractor and satisfies the conditions set in Item 2.2.

- The written application made, signed and stamped by the unit’s head,.

4.2. An exposition describing the process of construction of the work, giving particular attention to quality assurance measures. For incidents (if any), it is necessary to clearly state their causes and remedies.

This exposition shall be signed and stamped by the director or deputy director in charge of technical matters. It shall be enclosed with:

- Several photos of the work (at least two photos)

- A copy of the work’s general drawing, colored (for dossiers of designing units).

- A copy of the document on the approval of the feasibility project and technical design.

- A copy of the record on the pre-acceptance test of the whole work upon the completion of construction by the highest-level acceptance authorities prescribed for the concerned work.

4.3. Dossiers of application for selection must be bound in books of A4 size. Each dossier submitted for selection shall be made in two sets.

Article 5.- Criteria for assessment of works registered as high-quality works

To be considered and recognized as high-quality works, traffic construction works must ensure the overall unity of their design, construction and management. Particularly, for recognition as having high-quality design, only a limited number of works, which are truly typical in terms of size and sophistication in design calculation, have a beautiful appearance and employ new technologies, shall be considered. In all cases of consideration, the use efficacy criterion shall be taken into account.

Assessment criteria and marking scale:

5.1. Regarding designs: Maximum
100 points

a/ Good survey work 30 points

b/ Designs conforming to the investment decision, economically
and technically effective 30 points

c/ Beautiful appearance in harmony with the surrounding sceneries 20 points

d/ Use efficacy and good impacts on the environment 20 points

e/ Point deduction: During the construction process if there have arisen changes
due to survey and calculation errors, from 1 to 20 points shall be deducted,
depending on the seriousness of such errors. - 20 points

a/ Good quality construction, meeting the construction and pre-acceptance test norms
and rules, technical requirements set forth in the design (for works which have
planned and achieved the ISO 9000 quality, 10 points shall be awarded). 30 points

b/ Works constructed with an overall geometric size, standard parts and linkages
constructed with perfect quality, beautiful from detail to the whole. 20 points

c/ Construction on or ahead of time. 5 points

d/ Complete and valid pre-acceptance test dossiers. 10 points

e/ During the construction process, improvements and innovations, scientific and
technical advances are applied, contributing to raising the work’s quality and
reducing the work’s costs. 5 points

f/ Labor safety is ensured during the construction process 10 points

g/ Use efficacy and good impacts on the environment 20 points

h/ Point deduction: where incidents Maximum
(no more than 10) occur - 20 points

Minor incidents, which have been overcome in time: 2 point deducted per incident. - 10 points

- Medium incidents already satisfactorily overcome: 3 points deducted per incident. - 10 points

Article 6.- Order of consideration and selection

6.1. The Council’s standing body shall receive dossiers of application for selection, examine whether the dossiers are complete according to Article 4 of this Regulation.

6.2. The Technical Consultancy Group assisting the Council and a number of officials and specialists invited by the Council’s standing body to join the Technical Consultancy Group shall proceed with the assessment and marking in the following order:

- Each independent member makes the assessment and marking according to the assessment form.

- The Consultancy Group meets together to settle problems faced by each member, gather the marks made by each member.

- Making and submit a report on the assessment result, rating and proposals to the Council.

6.3. After the Consultancy Group’s results are made available, the Council’s standing body shall send dossiers to each of the Council’s members for assessment and marking. The Council shall then meet at a plenary session to hear the Consultancy Group’s report and agree upon the marking and rating results.

6.4. On the basis of the Council’s marking results, the Council’s standing body shall complete procedures and submit the lists of works and units to the Minister for approval and recognition of titles.

Article 7.- Provisions on commendation and rewarding

7.1. The Ministry of Communications and Transport shall issue decisions and award high-quality traffic work certificates for the winning works and units, which shall be grouped into two classes:

7.2. The project management boards with high-quality works shall be awarded certificates of high-quality traffic work management.

7.3. The constructing or designing units which are recognized as having high-quality traffic works shall earn extra points as a preference (apart from the points prescribed in the standard marking table for bid dossiers) for traffic works invested with domestic budget capital or undergoing domestic bidding. The preference period shall be three years from the date of decisions signed by the Ministry till the deadline for submission of bids specified in the bid invitations. The number of preferential points is calculated as follows:

- Two points for first-class works.

- One point for second-class works.

- For works awarded with certificates of merit or gold medals for high quality according to the Regulation on the selection of typical works, issued by the Vietnam Construction Society together with Document No. 27/LB/TWH of February 17, 2000, they shall get one more point in addition to the extra points.

7.4. A number of following cases shall get preferential points as prescribed in Item 7.3 but not certificates of high-quality work:

c/ The consideration and certification of the above-said cases shall be assigned to the Council’s standing body (the Department for Expertise and Control of Traffic Works’ Quality) to perform in the order: Corporations make written documents introducing their attached units for consideration, which are addressed to the Council’s standing body; such documents must be certified by the investors in charge of the concerned works.

d/ In all cases preferential extra points earned shall not exceed 6.

Article 8.- Funding for consideration and selection

8.1. Units that apply for selection, when submitting dossiers, shall pay a selection fee, the levels of which shall be set by the Council’s standing body, depending on the concrete situation, the time of consideration and selection as well as the work’s size.

8.2. The above-said funding shall be received and recorded in expenditure and collection books by the Council’s standing body. The leader of the Consultancy Group assisting the Council shall submit projected expenses to the Council’s standing body for approval. The spending contents shall include:

- Expense for paper work and correspondence.

- Expense for printing materials, copying documents and dossiers, packing dossiers…

- Expense for transport means in service of field inspections, working with concerned agencies.

- Expense for organization meetings, inviting specialists to give advices and consider application dossiers.

- Expense for printing certificates of merit, organization of ceremonies to award certificates, prizes….

- Other expenses.

8.3. For works introduced by the Ministry of Communications and Transport to the Steering Committee for Selection of Typical Works according to the Vietnam Construction Society’s Document No. 27/LB/TWH of February 17, 2000, the Department for Expertise and Control of Traffic Works’ Quality shall have to fill in the procedures and transfer dossiers to the Steering Committee and, at the same time, issue notices thereon to concerned units for liason. Selection fees shall be paid by the units according to the Steering Committee’s regulations (the Steering Committee’s standing body is the Central Committee of the Vietnam Construction Society).

Article 9.- Implementation provisions

9.1. This Regulation replaces the Regulation issued together with the Communications and Transport Ministry’s Decision No. 214/CGT of February 14, 1998 on the selection of high-quality works.

9.2. All previous regulations which are contrary to the Regulation are now annulled. Any special cases at variance with this Regulation must be permitted by the Minister of Communications and Transport.

9.3. Any problems arising in the course of implementation should be reported promptly in writing to the Council (through the Council’s Standing body, i.e. the Department for Quality Expertise and Control of Traffic Works) for consideration and timely supplement.

For the Minister
Vice Minister
PHAM QUANG TUYEN