Which Ministry does the Transport Construction Investment Management Authority belong to in Vietnam?

Which Ministry does the Transport Construction Investment Management Authority belong to in Vietnam? (Internet image)

Regarding this issue, LawNet responded as follows of Vietnam:

1. Which Ministry does the Transport Construction Investment Management Authority belong to in Vietnam?

- Transport Construction Investment Management Authority is an organization directly under the Ministry of Transport; it advises and assists the Minister of Transport (hereinafter referred to as the Minister) to perform the tasks and exercise the powers of the specialized construction management ministry, managing agencies managing investment programs and projects on construction of transport infrastructure during the project preparation and implementation phase, and performing the function of a specialized construction agency under the Ministry of Transport for investment projects on construction of transport infrastructure nationwide.

- The Department of Construction Investment Management has legal status, has a seal, is allowed to open a separate account at the State Treasury, and has its head office located in Hanoi.

- English transaction name: Transport Construction Investment Management Authority (TCI for short).

(Article 1 of Decision 1223/QD-BGTVT in 2022)

2. Tasks and powers of Transport Construction Investment Management Authority in Vietnam

Tasks and powers of the Transport Construction Investment Management Authority in Vietnam include:

(1) Advise the Minister to promulgate or submit to competent authorities for promulgation legal documents and relevant regulations on investment and construction management during the formulation of investment projects. (except for projects using ODA or foreign concessional loans) and the project implementation period; organize, guide, and check the implementation.

(2) Participate in the formulation of relevant legal documents, strategies, master plans, and plans during the formulation of investment projects (except for projects funded by ODA or foreign concessional loans) and the implementation phase of traffic construction investment projects.

(3) Take the lead in advising and submitting to the Minister for promulgation cost estimates for specific construction works in the transport sector (except for norms of new technologies, new materials, and maintenance norms).

(4) Coordinate with the Department of Planning and Investment in the appraisal for the Minister to submit to the competent authorities for approval or approval according to the competence of investment policies, adjustment of investment policies of investment projects on construction of traffic works.

(5) Perform the tasks of specialized construction agencies and specialized agencies under the Ministry of Transport in appraising, advising, and approving construction investment projects (except for projects using ODA capital, foreign concessional loans, and projects assigned, decentralized, or authorized to the Vietnam Expressway Administration and other specialized management agencies) and project implementation phases (except for projects assigned, decentralized, and authorized to the Vietnam Expressway Administration and other specialized management agencies):

- Perform the tasks of specialized agencies under the Ministry of Transport in appraising and submitting to the Minister or for the Minister to submit to the Prime Minister for approval and approval the adjustment of construction investment projects using public investment capital managed by the Ministry of Transport;

- Perform the tasks of the specialized construction agency under the Ministry of Transport in appraising the feasibility study report, design, and implementation cost estimate after the basic design for investment projects on the construction of traffic works;

- Appraise and submit to the Minister for approval, or for approval according to the assignment, decentralization, and authorization of the Minister, the designs and cost estimates to be deployed after the basic design under the approving competence of the Minister;

- Inspect the acceptance of construction works according to the competence of specialized construction agencies under the Ministry of Transport;

- Advise the Ministry of Transport on handing over and putting the works into use for construction investment projects invested by the Ministry of Transport;

- Act as the focal point of the Ministry of Transport to coordinate with the State Inspection Council on the acceptance of construction works.

(6) Assume the prime responsibility for and coordinate with the Department of Science, Technology, and Environment in appraising and submitting to the Minister for approval, or approval according to the assignment, decentralization, and authorization of the Minister, the consulting cost estimates for making reports on environmental impact assessment, environmental monitoring, and supervision during the construction process fall under the approving competence of the Minister.

(7) Assume the prime responsibility for, and coordinate with the Department of Transport Infrastructure in, appraising and submitting to the Minister for approval, or approval according to the assignment, decentralization, and authorization of the Minister, the traffic safety inspection consultancy estimate before putting the works into operation falls under the approving competence of the Minister.

(8) Regarding contractor selection in the project implementation phase:

- Appraise, submit to the Minister for approval, and adjust the contractor selection plan for projects decided by the Minister to invest; advise the Minister to submit to the Prime Minister for approval and adjustment of the contractor selection plan for the projects decided by the Prime Minister to invest;

- Appraise and submit to the Minister for approval dossiers of invitation for expression of interest, dossiers of invitation for pre-qualification, bidding dossiers, dossiers of requirements, results of short list selection, list of contractors meeting technical requirements, list of contractor ratings, and contractor selection results for projects invested by the Ministry of Transport;

- Guide, inspect, supervise, and monitor contractor selection according to regulations for projects managed by the Ministry of Transport;

- Stand on the appraisal team and the ministerial-level Advisory Council for the selection of contractors for investment projects managed by the Ministry of Transport according to regulations.

(9) Assume the prime responsibility for, and coordinate with the Finance Department in, advising and settling issues related to construction insurance; guide and inspect the investors and units under the Ministry of Transport in the implementation of the State's regulations on construction insurance during the implementation phase of construction investment projects.

(10) Monitor and summarize difficulties and problems, advise the Minister on mechanisms and policies, and coordinate with localities to resolve or report to the Prime Minister to resolve issues beyond his/her authority.
related to the site clearance of projects managed by the Ministry of Transport.

(11) Carry out the task of monitoring and evaluating investment during the preparation of the feasibility study report (except for projects funded by ODA, foreign concessional loans) and project implementation stage, for projects using public investment capital; coordinate with the Department of Planning and Investment to compile reports on investment supervision and evaluation, and overall project investment.

(12) Organize periodical and irregular inspection of construction management, quality, progress, cost, labor safety, fire prevention and environmental sanitation in construction of traffic works under the management of the Ministry of Transport; advise and submit to the Minister the suspension or suspension of construction when deeming that the quality of construction does not meet technical requirements, construction methods are not safe, and violate regulations
on occupational safety management that causes or threatens to occur occupational accidents, incidents that cause occupational insecurity.

Advise and submit to the Minister for decision or request the investor to handle violations in bidding activities, violations of progress, quality, and construction contracts according to regulations for projects invested by the Ministry of Transport. .

(13) Advise and submit to the Minister: To guide the implementation of legal documents on quality management and construction of traffic works; decide on quality contents during the execution of construction investment projects and work warranty; request the investor, the project management board to inspect the quality of traffic works when the construction works show signs of unsatisfactory quality as required by the design or there are insufficient grounds for quality assessment, acceptance or when there is doubt about the quality or at the request of a competent state management agency.

(14) Coordinate with the Department of Planning and Investment to advise and submit to the Minister on the assignment and transfer of investors and the Project Management Board to implement projects using public investment capital.

(15) Assume the prime responsibility for advising and submitting to the Minister for decision or decision according to his/her competence:

- Handling work incidents and problems arising during the implementation of construction investment projects;

- Settlement of disputes over the quality of construction of traffic works;

- Inspection of quality, inspection of causes of traffic accidents;

- The state management of the quality of traffic infrastructure construction works nationwide according to the tasks and powers of the Ministry of Transport.

(16) Preside over and advise the Ministry of Transport to perform the tasks of the Standing Body of the State Steering Committee for important national and key projects and projects of the transport sector.

(17) Assume the prime responsibility for, and coordinate with the Ministry Inspectorate, the Department of Organization and Personnel in proposing the handling of responsibilities for organizations and individuals that violate regulations on investment and construction management under the responsibilities of the Transport Construction Investment Management Authority.

(18) Coordinate the implementation of research and the application of new technologies and materials; assume the prime responsibility for researching and applying science and technology to construction management and quality management of traffic works.

(19) Coordinate with the Information Technology Center in appraising the basic design for the information technology project managed by the Ministry of Transport.

(20) Carry out international cooperation activities in construction management, work quality management, and other fields as assigned, decentralized, and authorized by the Minister.

(21) Receive citizens, settle complaints and denunciations, and implementing the prevention and fight against corruption and negativity in investment management, construction, and quality management of traffic works according to the provisions of law.

(22) Develop and implement the program of administrative reform and application of information technology in the operation of the Transport Construction Investment Management Authority according to the objectives and contents of the administrative reform program of the State and of the Ministry of Transport.

(23) Manage organizational structure, payroll, civil servants, and employees; implement the salary regime, remuneration, reward, and discipline regimes and policies; and train and retrain civil servants and employees under their management; formulate and submit to the Minister the organizational structure, employment positions, and civil servant rank structure of the Transport Construction Investment Management Authority.

(24) Manage and organize the implementation of finance and assigned assets, and organize the management of the allocated budget according to regulations. Use expenses for project management, inspection, investment supervision and evaluation, inspection and acceptance, appraisal fees, and other expenses as prescribed by law.

(25) Perform other duties assigned by the Minister.

(Article 2 of Decision 1223/QD-BGTVT in 2022)

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