The Regulation on decentralization and assignment of tasks in construction investment projects and costs management in Hung Yen province

Published on 04 - 10 - 2021
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On 1/10/2021, the Provincial People's Committee issued the Decision No. 69/2021/QD-UBND promulgating the Regulation on decentralization and assignment of tasks in construction investment projects and costs management in Hung Yen province.

The regulation consists of 5 chapters and 15 articles, which is on the decentralization and assignment of tasks in the management of construction investment projects of all capital sources, including: formulation, appraisal and approval of investment projects, construction design; issuance of construction permits and management of construction order and construction investment costs in the province.

According to the Regulation, the authority to decide on construction investment shall comply with the provisions of Article 60 of the 2014 Law on Construction as amended and supplemented in Clause 17, Article 1 of Law No. 62/2020/QH14, Article 35 of the Law on Public Investment 2019, specifically:

- For the projects using public investment capital:

+ The Chairman of the Provincial People's Committee shall decide to invest in Group A, Group B and Group C projects using capital sources managed by the province; Group A projects using capital sources managed by district and commune levels, except the ones using ODA capital and concessional loans from foreign donors in the fields of security, defense, religion and other projects as prescribed by the Government.

+ The Chairman of district-level People's Committees shall decide to invest in Group B and Group C projects using capital sources managed by the district level, except for the ones specified at Point c, Clause 1, Article 35 of the Law on Public Investment 2019.

+ The Chairman of commune-level People's Committee shall decide to invest in the projects of groups B and C using capital sources managed by communes, except for the ones specified at Point c, Clause 1, Article 35 of the Law on Public Investment 2019.

- For the projects using state capital other than public investment, except for the ones specified in Clause 3 of this Article, the owner or owner's representative shall decide on construction investment or comply with other relevant provisions of law.

- For the construction investment projects of enterprises using state investment capital, the authority to decide on construction investment shall comply with the provisions of law on management and use of state-invested capital in production and business at the enterprise and other relevant provisions of law.

- For PPP projects, the authority to decide on construction investment shall comply with the law on investment in the form of public-private partnership.

- The competence to decide on investment for construction investment projects managed by district and commune levels using support capital from the provincial and central budgets is as follows:

+ In case the total support level is less than 50% of the total investment, the Provincial People's Committee shall delegate the investment decision to the district and commune People's Committees.

+ In case the total support level is 50% or more of the total investment, the authority to decide on investment belongs to the Provincial People's Committee.

- The competence to decide on investment for construction investment projects managed by commune level using support capital from district budget or a mixture of district budget and superior budget is as follows:

+ In case the total support level is less than 50% of the total investment, the district-level People's Committees shall assign the commune-level People's Committees to decide the investment.

+ In case the total support level is 50% or more of the total investment, the investment decision-making authority belongs to the district-level People's Committee.

- For the ones using other capital, the owner or the owner's representative shall decide to invest in the construction project within the scope of his powers as prescribed by law.

The formulation of construction investment projects and design tasks; authority to appraise investment projects; authority to appraise and approve the construction design (or design - cost estimate) deployed after the basic design; the issuance of construction permits and construction order management and the construction investment cost management is specified in the Decision No. 69/2021/QD-UBND.

The Decision takes effect from October 10, 2021.

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