On October 30, 2015, the Ministry of Industry and Trade of Vietnam issued the Circular No. 38/2015/TT-BCT detailing certain contents of the investment in the form of public-private partnership under the authority of the Ministry of Industry and Trade.
According to the Circular No. 38/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, contract performance supervision and project quality supervision are prescribed as follows:
Firstly, contract performance supervision
- As for group-B and group-C projects, the Minister of Industry and Trade shall authorize its affiliated units to supervise the performance of project contracts. The authorized unit may hire a qualified consultant to support it in the supervision of project contract performance in case of need. Costs for hiring consultants are specified in the project contract.
- As for group-A projects, the Ministry of Industry and Trade shall authorize its affiliated units to supervise the performance of project contracts or hire consultants to do such works in case of need. Costs for hiring consultants are specified in the project contract.
Secondly, project quality supervision
- The supervision of the quality of PPP investment projects shall abide by Clause 1 Article 48 of Decree No. 15/2015/NĐ-CP and relevant legislative documents.
- The PPP authority shall propose and submit the Minister of Industry and Trade for approving the annual plan on project quality supervision and members of the supervision team.
- The Ministry of Industry and Trade shall authorize the PPP authority to organize the inspection of the quality of a part of the works, works items or all of the works when there is any suspicion of the quality or any request of regulatory bodies.
View more details at the Circular No. 38/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from December 15, 2015.
Thu Ba
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