What cases are considered a change in project scale?

Tue, 15 Oct 2024 15:18:00  |  Print  |  Email   Share:

The unit of Mr. Vo Xuan Thanh (Ha Tinh) is the investor of a traffic infrastructure project and is currently implementing a construction package valued at 83 billion VND. The design and cost estimates have been appraised by the Department of Construction and approved by the provincial People's Committee.

During the construction process of the project, Mr. Thanh noticed some aspects and items that need adjustment and supplementation to ensure the project's effectiveness, specifically:

Initially, the drainage culvert across the road was designed and approved with a size of n x (B x H) = 1 x (2 x 2) m. Mr. Thanh's unit now proposes to adjust it to 3 x (3 x 2) m to ensure proper drainage capacity, along with adding some culverts for irrigation and several culverts for local access.

Mr. Thanh asks whether these adjustments to the items will change the project's investment scale, if it is necessary to seek approval for these adjustments from the investment decision-maker, and what authority is responsible for appraising and approving the adjusted design and cost estimates.

The Ministry of Construction responds to this issue as follows:

Regarding the adjustment of the investment project, construction design, and cost estimates, Mr. Thanh should research and comply with the provisions in Article 61 and Article 84 of the Construction Law No. 50/2014/QH13; Article 14 of Decree No. 59/2015/ND-CP dated June 18, 2015, from the Government on managing investment projects; and Articles 16 and 17 of Circular No. 18/2016/TT-BXD dated June 30, 2016, from the Ministry of Construction, which detail and guide certain aspects of project appraisal and approval of construction design and cost estimates.

The authority to appraise the investment project, construction design, and adjusted cost estimates is specified in Clauses 4, 9, and 10 of Article 1 of Decree No. 42/2017/ND-CP dated April 5, 2017, from the Government, which amends and supplements several articles of Decree No. 59/2015/ND-CP.

The authority to approve the investment project, construction design, and adjusted cost estimates is outlined in Article 60, Points b of Clause 1, and Points b of Clause 2 of Article 82 of the Construction Law No. 50/2014/QH13; Article 12, Clause 2 of Article 24, and Clause 2 of Article 25 of Decree No. 59/2015/ND-CP.

 

By: Chinhphu.vn/ Translator: LeAnh-Bizic

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