In case of adding a list of equipment to the works of construction, the investor is required to report to the investment decider to decide, accordingly, it is necessary to approve the investment policy with adjusted and amended contents of the equipment list.

Mr. Nguyen Xuan Hung (in Hai Phong City) requests the authorities to answer some issues related to the competence to appraise, approve the adjustment of the project,  in which the preparation of economic - technical report is required, specifically as follows:

In case of adjustment of estimates or total investment amounts of economic-technical reports falling under the competence of the investment decider, then the investment decider may re-authorize the investor to self-approve before approving. After approving, the investor must send to the construction specialized agency attached to the person determining investment the re-evaluation or the investor uses the investor's professional apparatus for self-evaluation?

According to Mr. Hung, after the investor has received the authorization of the investment decider, the investor has the full right to approve according to the authorized content. Thus, even if the investor sends a dossier to another specialized agency for evaluation, the investor also has the right to reject the opinions of the appraising agency for self-approval. Mr. Hung would like to ask: Is my interpretation correct?

Pursuant to Clause 5, Article 16 and clause 3, Article 17 of Circular 18/2016/TT-BXD, regarding the case in which the investor owner shall request the modification of technical – economic report as follows:

- Maintain the approved design;

- Maintain construction costs, construction investment consultancy costs and project management costs.

- Reduce contingency costs, other expenses and project management costs.

- All reduced amounts are added to a new category of equipment costs

For the above case, the addition of an item of equipment cost increases the project implementation time, leading to the adjustment of economic-technical report.The Ministry of Construction gives the following opinion:

For small-scale projects (total investment of less than VND 15 billion), only economic-technical reports are required.

Accordingly, point b, clause 3 and clause 5 of Article 16 of circular No. 18/2016/TT-BXD dated June 30th 2016 of the Ministry of Construction detailing and guiding some contents on project appraisal and approval and design and estimate of works construction.

Clause 5, article 1 of decree No. 42/2017/NĐ-CP dated April 5, 2017 of the Government on amendments to the government's decree no.59/2015/ND-CP dated June 18, 2015 on management of construction projects stipulates the competence in appraisal or approval of a project , in which construction economic-technical report is required:

In case of adding a list of equipment to the works of construction, the investor is required to report to the investment decider to decide, accordingly, it is necessary to approve the investment policy with adjusted and amended contents of the equipment list.

The cases of appraising the modification of design and estimate of works construction are prescribed in Articles 16 and 17 of Circular No. 18/2016 / TT-BXD dated June 30, 2016 of the Ministry of Construction.