Quyết định 19/2004/QĐ-BGTVT

DECISION No. 19/2004/QD-BGTVT OF OCTOBER 22, 2004 PROMULGATING THE PROVISIONAL REGULATION ON CONTRIBUTION OF COMMENTS TO THE PREPARATION AND EXECUTION OF TRAFFIC CONSTRUCTION PROJECTS THE MINISTER OF TRANSPORT Pursuant to the Road Traffic Law of June 29, 2001 ; Pursuant to the Construction Law of November 26, 2003 ; Pursuant to the Inland Waterway Traffic Law of June 15, 2004 ; Pursuant to Vietnam Civil Aviation Law of December 26, 1991 and Vietnam Civil Aviation Law (amended) of April 20, 1995 ; Pursuant to the Government’s Decree No. 34/2003/ND-CP of April 4, 2003 defining the functions, tasks, powers and organizational structure of the Ministry of Transport; At the proposal of the director of the Department for Expertise and Management of Traffic Works’ Quality, DECIDES: Article 1.- To promulgate together with this Decision the “Provisional Regulation on contribution of comments to the preparation and execution of traffic construction projects”. Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette. Article 3.- The director of the Office; the directors of the Planning and Investment Department, the Legal Department, the Finance Department, and the Science and Technology Department; the Inspectorate, the director of the Department for Expertise and Management of Traffic Works’ Quality, the specialized management departments, the general directors of project management boards, of the Ministry, the directors of the provincial/municipal Transport Services and Services of Communication and Public Works, the design consultancy organizations, as well as the heads of the concerned agencies and units shall have to implement this Decision. Minister of Transport DAO DINH BINH PROVISIONAL REGULATION ON CONTRIBUTION OF COMMENTS TO THE PREPARATION AND EXECUTION OF TRAFFIC CONSTRUCTION PROJECTS (Promulgated together with the Transport Minister’s Decision No. 19/2004/QD-BGTVT of October 22, 2004 ) Chapter I GENERAL PROVISIONS Article 1.- This Provisional Regulation prescribes the contribution of comments to project preparation and execution by specialized management departments, investors (investors’ representatives), agencies assigned to manage work exploitation, and the People’s Committees of the provinces or cities where exist investment projects on construction of traffic works, in order to raise the quality and use efficiency of the works. Article 2.- 1. All organizations and individuals being investors (investors’ representatives), consulting units (for project formulation, design, evaluation), specialized management departments, exploitation-managing agencies as well as other relevant organizations and individuals, when formulating projects, designing, evaluating designs and putting into exploitation traffic works, shall have to implement this Regulation. 2. This Regulation compulsorily applies to Group-A and Group-B national traffic construction projects. For projects related to the national traffic network, regardless of their investors and investment sources, this Regulation shall apply to the work items related to the national traffic network. 3. For other traffic projects and group-C projects: Investors shall base themselves on the actual situation to apply this Regulation suitably. Chapter II CONTENTS OF COMMENTS CONTRIBUTED TO THE PREPARATION AND EXECUTION OF TRAFFIC CONSTRUCTION PROJECTS Article 3.- Project formulation stage 1. When making feasible studies on traffic-work construction projects, organizations and individuals mentioned in Clause 1, Article 2 of this Regulation shall, apart from fully abiding by the provisions of current legal documents of the State and concerned ministries and branches on investment and construction management, the standards already approved by competent authorities for compulsory application to projects, and the Transport Ministry’s branch standard 22 TCN – 268-2000, have to fully observe the contents of this Regulation. 2. Contents of comments contributed by agencies and units mentioned in Article 1 include: a/ The projects’ scales and major technical standards. b/ The route, location, construction ground options, and technical solutions in conformity with construction plannings. c/ The schemes for project exploitation management, works in service of the exploitation management, renovation and maintenance of traffic works in the course of construction and exploitation. d/ Environmental protection solutions, plans on ensuring traffic and traffic safety in construction, fire and explosion prevention and fighting, security and defense, etc. 3. Apart from the evaluation dossiers and documents mentioned in current legal documents, the design dossiers submitted for approval must be enclosed with written comments of the agencies and units mentioned in Article 1 on the contents stated in Clause 2 of Article 3. Investors shall have to direct the design consultancy and transfer design dossiers to the above-said agencies for consideration and comments according to the prescribed time limits and contents. Article 4.- Project execution stage 1. When formulating technical designs (or construction technical designs) of traffic-work construction projects, organizations and individuals mentioned in Clause 1, Article 2 of this Regulation shall, apart from making technical design dossiers conformable with basic designs in the approved feasibility studies, have to fully abide by the contents of this Regulation. 2. Contents of comments contributed by agencies and units mentioned in Article 1 include: a/ Technical design dossiers submitted to competent authorities for approval must be enclosed with written comments of the agencies and units mentioned in Article 1 on the conformity of technical designs or construction technical designs with the basic designs and other contents stated in decisions approving the feasibility studies on plannings, architecture, construction scales, work grades, technical and economic solutions and norms, solutions to environmental protection and fire and explosion prevention and fighting, etc. b/ For the traffic safety system, comments of the Road and Railway Traffic Police Department (for road and railway traffic works) or the Waterway Traffic Police Department (for waterway traffic works) must be gathered. Written comments shall have to comply with the Road Traffic Law (Article 40), the Government’s Decree No. 14/2003/ND-CP of February 19, 2003 (Articles 19 and 20) and other regulations in the decrees guiding the implementation of the Construction Law in the coming time as well as with the standards applied to projects mentioned in Clause 1, Article 3 of this Regulation. c/ For projects on renovating and upgrading the existing routes, work exploitation-managing agencies’ comments on measures to divide traffic flows and ensure traffic must be gathered on the basis of complying with the Regulation on construction on roads being under exploitation, promulgated together with the Transport Minister’s Decision No. 2525/2003/QD-BGTVT of August 28, 2003. d/ Investors (investors’ representatives) shall have to direct the design consultancy to send dossiers for comments and sum up proposals of concerned parties to finalize the technical designs (construction technical designs) or explain other contents before submitting them for approval. e/ Written comments on these contents are considered compulsory ones enclosed with the dossiers submitted to competent authorities for decision or approval. Article 5.- Project completion stage Before pre-acceptance test and hand-over of works, investors (investors’ representatives) must set up teams for site inspection and assume the prime responsibility for the site inspection, with participation of specialized management departments, the Road and Railway Traffic Police Department (for road and railway traffic projects), or the Waterway Traffic Police Department (for riverway traffic projects), supervision consultants, design consultants, contractors, as well as units and agencies involved in work management and exploitation, make comparison with the approved technical designs, make records thereon, make proposals and suggestions on to be-added contents, then sum up and submit them to competent authorities for consideration and decision. Chapter III ORGANIZATION OF IMPLEMENTATION Article 6.- 1. Investors (investors’ representatives) shall assume the prime responsibility for implementing the provisions of this document. 2. Provisions on organization of gathering comments of relevant parties: a/ Comments of relevant parties shall be gathered simultaneously with the evaluation or verification of project dossiers or design dossiers according to the Construction Ministry’s Decision No. 18/2003/QD-BXD of June 27, 2003. b/ Investors (investors’ representatives) shall send projects’ summaries, enclosed with written requests for comments, to relevant parties and create favorable conditions for commenting agencies to have access to the dossiers when they so request. c/ Within 15 days after sending the written requests, if written comments are not received from relevant parties, the parties shall be regarded as agreeing with the contents asked for comments. 3. Investors (investors’ representatives) shall, after receiving the written comments, study them and direct the consultancy for finalizing the projects, then submit them to authorities competent to decide on investment for consideration and decision. For divergent comments, investors (investors’ representatives) must send their written explanations to the commenting agencies. 4. To assign the Planning and Investment Department, the Department for Expertise and Management of Traffic Works’ Quality, the project management boards under the Ministry as well as the provincial/municipal Transport Services and Services of Communications and Public Works being project-commenting, -submitting or -approving agencies to supervise and examine the implementation of this Regulation. Minister of Transport DAO DINH BINH