Laws of Vietnam

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;

At the proposals of the Minister-Chairman of the State Planning Committee, the Minister of Construction, and the Minister of Finance.

DECIDES:

Article 1.- The projects which were completed in 1993 and 1994 shall not have their overall cost projections revised, but shall be recorded for debt clearance of the capital they have spent on the accomplished amount of work, and shall be provided with capital to pay for the approved construction items in amounts suitable to the designs and in prices certified by the local banks.

The projects which are carried over into 1994 or 1995 for completion, the construction of which has lasted for many years and was started before 1992 but did not yet have the conditions for an overall cost projection, shall have their financial projection revised for the construction amount effected from 1994 to its completion with a view to managing the allocated fund for clearance, and shall have their economic-technical designs revised (if their capital requirement exceed the prescribed level).

Article 2.- Regarding the specialized and large projects (with a total capital investment of 100 billion VND or an equivalent of 10 million USD or more) under a number of branches, such as water conservation and transport and communication, and which are currently under construction or have been under construction for many years, their approved economic-technical blueprints which are phased with concrete investment targets (stipulated in the economic-technical blueprints) shall be used as basis for approval of their designs and the estimated construction cost. They shall be entered into plans and provided with capital to pay for the costs.

Regarding the small projects (with a total capital investment of less than 1 billion VND), they are required to file economic-technical reports with brief presentations of their sizes and requirements for consideration and about their applied designs on the basis of the original designs. But they are still subject to approval of their projected construction costs, for differences exist in the structure of their foundations and the cost of materials in their different localities.

Article 3.- The projects which started in 1994 must have in full their economic-technical blueprints, designing documents and approved overall cost projections. If they have been included in the capital plan for 1994, have not yet met these conditions but have a strong need for immediate investment, their Ministries and localities may register for a certain amount of capital to cover designing and survey so that their construction may start in 1995.

The carried-over important projects of Ministries and localities which have been given assignments under Decision No 62-TTg on the 8th of February, 1994, shall still complete their required papers. In the event that their papers have not been completed but they are in an urgent need to continue their construction in 1994, they need to request the approval of the Prime Minister for each of their construction items while continuing to complete their papers, at the latest by the 30th of September, 1994.

Article 4.- Regarding the other projects which have been entered into the 1994 plan of Ministries and localities, which have by the 30th of July, 1994 completed their papers or sent their documents to the State expertise office, the State Planning Committee shall notify them of their contingency plans in the last consideration in August 1994. The projects, which have not completed their papers, shall be considered as not included in the construction plan of 1994, and their Ministries and localities shall continue to complete all their papers and procedures to be used as bases for the 1995 plan. If the need arises, these projects can ask for an amount of capital for survey and design in order to elaborate the overall cost projects and prepare for their construction.

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI