What are the regulations on the organizational forms of construction investment project management in Vietnam? - Khanh Ngoc (Tien Giang, Vietnam)
Organizational forms of construction investment project management in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Clause 15, Article 3 of the Construction Law 2014, construction investment project means a collection of proposals concerning use of funds for construction, repair or renovation of a construction work with a view to developing, maintaining and raising the quality of the work or product or service within a given duration at specified costs.
At the stage of investment construction project preparation, the project shall be demonstrated through the construction investment pre-feasibility study report, the construction investment feasibility study report or construction investment economic-technical report.
Organizational forms of construction investment project management according to Clauses 1, 2 and 3, Article 62 of the Construction Law 2014 (amended 2020) is as follows:
- Based on scale, characteristics, funding sources and conditions for implementation of construction investment projects, investment decision makers shall decide to apply one of the following organizational forms of project management:
+ Specialized construction investment project management board or regional construction investment project management board;
+ Single-project construction investment project management board;
+ Affiliated professional apparatuses of project owners;
+ Project management consultants.
- Specialized construction investment project management board or regional construction investment project management board is assigned by the investment decision maker to concurrently or continuously manage a number of projects using public investment funds of the same sector or the same region.
- Project management boards and project management consultants must fully satisfy capacity requirements as prescribed in Article 152 of the Construction Law 2014.
+ Construction investment project management consultancy organizations must meet the following conditions:
++ Having full construction capability conditions suitable to project management work according to sizes and types of projects;
++ Individuals holding the title of project manager, individuals personally participating in project management must have relevant qualifications, training certificates, working experiences and practice certificates relevant to sizes and types of projects.
+ Construction investment project management units must meet the following conditions:
++ Possessing the establishment decision issued by a competent agency or organization, for specialized construction investment project management units and regional construction investment project management units or project owners for project management units they have established;
++ Having full construction capability conditions suitable to project management work according to sizes and types of project;
++ Having an organizational structure meeting project management requirements; having a fixed working office;
++ Individuals holding the title of project manager, individuals personally participating in project management must possess relevant qualifications, training certificates, working experiences and practice certificates relevant to sizes and types of projects.
Contents of construction investment project management according to Article 66 of the Construction Law 2014 are as follows:
- Construction investment project management contents include:
+ Management of the scope and plan of tasks;
+ Work volume; construction quality;
+ Implementation schedule;
+ Construction investment costs;
+ Safety in construction;
+ Environmental protection in construction;
+ Selection of contractors and construction contracts;
+ Risk management; management of the work information system and other necessary contents in accordance with the Construction Law 2014 and relevant laws.
- Project owners shall perform or assign the project management units, project management consultants or general contractors (if any) to perform some or all of the project management contents prescribed in Clause 1 of Article 66 of the Construction Law 2014.
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