Tue, Nov 08, 2022, 09:10:00
Mr. Nguyen Van Yen (Gia Lai) asked, how should the total investment of the above project be understood in accordance with current regulations?
In case the investment decider accidentally stipulates a total investment of 180 billion VND to determine the rights and responsibilities of the subjects participating in construction activities, according to the Law on Construction, Law on Public Investment... and the current guiding documents and the advisory bodies below apply that regulation causing disputes over jurisdiction that take a lot of time to handle... then which new regulations are applicable provisions of the Law and guiding documents? Is the investment decision maker's regulation correct or the law's regulations on correct construction? Which agency has jurisdiction over this?
The Ministry of Construction responded to this issue as follows:
Mr. Nguyen Van Yen's question did not specify the time for project approval and the law applicable to the project, so there is not enough basis for detailed instructions.
In case the law on management of construction investment costs applied to a project is the Government's Decree No. 10/2021/ND-CP dated February 9, 2021 on management of construction investment costs, the content total investment and determination of total construction investment shall comply with Articles 5 and 6 of Decree No. 10/2021/ND-CP and relevant legal regulations.
