Through the receiving and responding system to the recommendations of businesses, the project management board of traffic works in Kien Giang Province asked the authorities to answer, the bomb and mine clearance in the construction of traffic pressure works.

Regarding this issue, The Ministry of Transport answers as follows:

The clearance of bombs, mines and explosives for construction investment projects is carried out in accordance with the Law on Bidding, the Construction Law, Decree No. 37/2015 / ND-CP dated April 22, 2015 of the Government., Decision No. 96/2006 / QD-TTg dated May 4, 2006 of the Government’s Prime Minister, Circular No. 146/2007 / TT-BQP dated September 11, 2007 of the Ministry of National Defense, National Standard TCVN 10299-1: 2014 on overcoming the consequences of bombs, mines and explosives after the war and other relevant laws.

According to the national standard TCVN 10299-1: 2014, the guiding documents of the Ministry of Defense, the clearance of bombs, mines and explosives of the project usually includes the following tasks: Surveying, making technical plans for exams. public works and cost estimates; clearance of bombs, mines, explosives.

Surveying, construction technical plans and cost estimates for bomb, mine and UXO clearance are similar to those of the consulting package and are usually of small value and are done in a short time (from 1 to 3 months depending on the project scale). Therefore, the bidding package for this job may be applied to the package contract as prescribed at Point c, Clause 1, Article 62 of the Law on Bidding No. 43/2013 / QH13 dated November 26, 2013.

The clearance of bombs, mines and explosives usually includes work items of specific volume, similar to the work items of the construction and installation package of the project.

According to Point c, Clause 1, Article 62 of the Bidding Law, a package contract is a basic type of contract, with respect to bidding packages for providing consulting services, simple non-consulting services, and bidding packages for goods procurement, small-scale construction and installation, a package contract must be applied; At that time, the bid solicitor is responsible for the accuracy of the quantity and volume of bidding jobs.

In addition, according to the provisions at Point a, Clause 5, Article 15 of the Government's Decree No. 37/2015 / ND-CP dated April 22, 2018, package contracts are applicable to bidding packages at the time of selection. select contractors and negotiate to sign a qualified contract to clearly define the volume and unit price to perform the works in accordance with the requirements of the construction contract; When a package contract is applied, the contract price or contract price must fully calculate the risk factors related to the contractual price such as volume risk, slippage during the contract performance period and each party. must be solely responsible for their own risks.