Minor Repairs Under VND 50 Million by the Commune People's Committee: Are Project Assessments Required?
According to Clause 2, Article 5 of Decree 59/2015/ND-CP, an investment project for construction works only requires the preparation of an Economic-Technical Construction Investment Report if it includes:
- Construction works used for religious purposes;
- New construction, repair, renovation, or upgrading works with a total investment of less than 15 billion VND (excluding land levy).
Therefore, the commune People's Committee's repair project with a scale of 50 million VND, if excluding the land levy, is considered an investment project for construction works that only requires the preparation of an Economic-Technical Construction Investment Report.
Furthermore, under Clause 5, Article 57 of the Construction Law 2014, it is stipulated that for an investment project for construction works that only requires an Economic-Technical Construction Investment Report, the authority to appraise the project is specified as follows:
- In cases where state budget funds are used, the specialized construction agency is responsible for leading the appraisal of the contents of the Economic-Technical Construction Investment Report as specified in Clause 4, Article 58 of the Construction Law 2014;
- In cases where state funds outside the budget are used, the specialized construction agency according to the decentralization is responsible for leading the appraisal of the construction drawing design and construction estimates. The specialized agency under the investment decision-maker will appraise the technological design (if any) and other contents of the Economic-Technical Construction Investment Report;
- In cases where other types of funds are used, the investment decision-maker or the project owner organizes the appraisal of the construction drawing design and construction estimates by themselves, except for special-grade, grade I structures, and works that significantly affect the landscape, environment, and community safety, and takes responsibility for the appraisal contents.
Therefore, the 50 million VND repair project of the commune People's Committee must carry out the appraisal of the construction investment project as stipulated above.
Sincerely!