Regulations on the authority to appraise and approve adjusted project designs managed by the Ministry of Transport
Regulations on the Authority for Appraisal and Approval of Adjusted Project Designs Managed by the Ministry of Transport
Pursuant to Article 12 of the Regulations on Decentralization and Delegation in the Management of Construction Investment Projects Using Public Investment Funds managed by the Ministry of Transport, issued with Decision 1672/QD-BGTVT in 2021, the authority for the appraisal and approval of adjusted designs is specified as follows:
Design adjustments are to be carried out in accordance with Article 84 of the Construction Law. The project owner is comprehensively responsible before the law and the investment decision-maker regarding the content of the proposed adjustments.
The appraisal and supplementation of adjusted designs are conducted according to the provisions of Article 39 of Decree No. 15/2021/ND-CP and Article 10 of this Decision; the project owner approves the adjusted design within their authority.
When adjusting or supplementing the construction design such that there are changes in foundation geology, design load, structural solutions, materials used for load-bearing structures, and construction organization methods affecting the structural safety of the works, the adjusted or supplemented construction design must be appraised by a specialized construction agency according to the provisions of Article 82 of the Construction Law, as amended and supplemented in Clause 24, Article 1 of the Law amending and supplementing certain articles of the Construction Law, and Article 39 of Decree No. 15/2021/ND-CP. In other cases, the project owner organizes the appraisal and approval according to regulations, ensuring full basis, proper procedures, and is responsible for regularly updating cost estimates and design adjustments to ensure that the adjustments and supplements do not exceed the total investment amount.
Regulations on the Authority for Adjusting Project Estimates Managed by the Ministry of Transport
According to Article 13 of the Regulations on Decentralization and Delegation in the Management of Construction Investment Projects Using Public Investment Funds managed by the Ministry of Transport, issued with Decision 1672/QD-BGTVT in 2021, the authority for adjusting project estimates is as follows:
Adjustments to the project estimates are carried out according to Clause 4 of Article 135 of the Construction Law and the guiding documents. The project owner is responsible for organizing the appraisal of adjusted estimates correctly within their authority as a basis for the project owner to approve and manage the construction package estimates during the project implementation process.
In cases where the adjusted construction project estimates exceed the approved estimates but do not exceed the approved total investment amount, the project owner organizes the adjustment and reports to the investment decision-maker for acceptance before approval.
In cases where adjustments to the estimates do not exceed the approved estimates but change the structure of cost items within the total construction investment, the project owner independently organizes the adjustments, approves them, and reports to the investment decision-maker, taking responsibility for the adjustment results.
Sincerely!
