DIRECTIVE

ON RESTORATION OF ORDER AND DISCIPLINE AND RESOLUTION OF INADEQUACIES IN CONSTRUCTION CONSULTING SERVICES FOR TRANSPORT WORKS AND PROJECTS

Recently, construction consulting services for transport works and projects have achieved remarkable results. However, they still reveal some inadequacies, particularly in survey and design. These inadequacies include incomplete, inconsistent, and inaccurate survey data and information. Additionally, preliminary total investment, total investment, and construction cost estimates are not consistent with reality. As a result, many projects have had to adjust their investment policies, investment projects, capital, total investment, estimates, etc. This directly affects the progress and efficiency of project investment. While the Ministry of Transport has adopted various remedial and timely measures, they have not yet fully met the practical requirements.

In order to restore order and discipline, resolve inadequacies in the construction consulting services for transport works and projects, as well as speed up the progress, improve the quality and efficiency of the construction works, the Prime Minister requests as follows:

1. The Ministry of Transport: Strictly comply with law on construction consulting services; take strict legal actions against those who violate the regulations on procedures, quality management, progress, and cost management. Inspect projects behind schedule; improve the consultant selection process; strictly manage consulting contracts (making pre-feasibility study reports, feasibility study report, design, estimates; verification; supervision). Strictly control the selection and management of subcontractors; take strict action against illegal bidding transfers and bid sales; avoid occurrence of losses, wastage, misconduct, and group benefits. Especially the following matters:

a) Survey

- Thoroughly assess quality capabilities of the surveying unit in relation to the bidding/proposal documents to ensure the quality in formulating and approving survey and design tasks. This includes ensuring complete data on topographic, geological, and hydrological surveys, particularly in areas with soft ground or complex geological conditions, etc.

- Improve the quality of survey work, especially geological surveys, and ensure proper approval for survey result reports. Pay special attention to accurate and detailed surveys of material mines and dumping sites. This includes surveying the location, reserves, quality, and supply capacity of mines, as well as extraction procedures, reserves of dumping sites, transportation routes, plans for using internal and public roads to meet the project's requirements. Additionally, control quality of documents and conduct taking-over inspection as per the law.

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b) Design consultancy

- Enhance responsibility, ensure quality in construction investigation and survey in association with the needs of construction materials (soil, stone, sand, gravel), environmental impact assessment, etc. The appraisal of designs and selection of technical options must prioritize the sustainability of the construction works and their ability to adapt to climate change.

- Implement author's supervision strictly in accordance with regulations, promptly coordinate with project participants to address design adjustments during construction, and promptly resolve any inadequacies or limitations in the documentation identified by the authorities during the implementation process. Complete the adjusted design documents promptly to ensure they do not affect the progress and quality of the works. Take responsibility for the quality of survey and design work and conduct research on optimal design solutions and technologies suitable for the topographic, geological, and hydrological conditions of the project area. Ensure accurate and sufficient calculation in the process of making construction cost estimates, without increasing the capital during the project implementation.

- Tighten control over the quality of pre-feasibility study reports, feasibility study reports,  construction design following the fundamental design as per the law.

c) Verification consultancy: strictly adhere to the requirements of legal and financial independence from investors and construction design consultants. Ensure the allocation of qualified and suitable staff based on the scale, type, and grade of the works. Enhance the quality of verification work and take full responsibility for the verification results before the law and the investor.

d) Supervision consultancy

- The supervision consultancy contract should be logically structured, comprehensive, and clearly define the responsibilities of the supervision consultant. It should also include a mechanism to sanction and strictly handle the contractor in cases of contract violations or inadequate supervision leading to unsatisfactory work quality. Tighten the control over the recruitment of supervision consultants if it conforms to the bid/proposal. Fully exercise the rights and fulfill responsibilities stated in the contract and in accordance with law. Take complete responsibility before the law and the investor for the assigned tasks.

- Monitor the execution of experimental work, ensuring that the laboratory adheres to standards and that experimenters are qualified to perform the assigned tasks. The experimental results should be accurate, objective, and transparent. Conduct regular inspections and urge contractors to comply with the terms and conditions agreed upon in the signed contract. Strictly monitor the quality and origin of supplies, materials, and equipment used for the project to ensure that they meet the requirements specified in the project's design documents and technical instructions.

dd) Inspect and review the expressway projects with higher-than-normal road heights, which results in increased demand for embankment materials. Carefully consider flood drainage conditions and appropriate flow. Study plans to construct viaducts, lower the road heights, and replace local tunnels with highway overpasses starting from the project formulation stage to establish plans for the use of construction materials and the construction site.

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- Take charge and coordinate with the Ministry of Transport and relevant agencies in promulgating, at their own discretion or through competent authorities, regulations on strict management of construction costs, construction norms, investment cost per unit based on specific areas. Provide guidance and inspection to local governments regarding the announcement of prices for common building materials and price indexes in accordance with actual conditions and legal requirements.

- Review norms and costs for design consultancy, verification consultancy, project management, etc. to ensure accuracy and completeness, aiming to attract highly skilled professionals in the transportation industry. Study the construction norm for design work by work items, regardless of construction costs, total investment. Prevent consultants from choosing design solutions with excessive investment costs, leading to increased total investment without ensuring economic and technical aspects.

- Strengthen the inspection and supervision of the issuance of certificates of eligibility for construction operation, practice certificates, construction operation permits (for foreign contractors), etc., by domestic and foreign consulting organizations and individuals under the Ministry of Construction's management.

3. Ministry of Natural Resources and Environment:  Enhance guidance and inspection of annual land price announcements by local governments, ensuring compliance with the land price bracket set by the Government and compensation prices during land expropriation. Enhance guidance and inspection of annual land price announcements by local governments, ensuring compliance with the land price bracket set by the Government and compensation prices during land expropriation. Provide prompt guidance and resolution for difficulties and issues related to compensation, support, resettlement, and procedures for mineral exploitation as common building materials, and dumping sites, ensuring immediate availability of construction materials for contractors.

4. The People's Committees of provinces and central-affiliated cities:

- Promptly announce prices of common building materials, price indexes, etc. according to their jurisdiction and legal regulations. Formulate and issue land price lists and adjusted land price lists suitable for each province/city, based on the Government's land price bracket. Conduct strict inspection and control of building material prices, price indexes, and land prices. Instruct affiliated units to regularly monitor and closely follow market developments, updating and announcing construction material prices and price indexes promptly and appropriately. Coordinate with relevant ministries and agencies to inspect and review site clearance costs and prevent capital increases during project implementation.

- Strictly comply with the Government's direction to assign mineral mines as common construction materials to construction contractors. Prevent the transfer of mines to ineligible entities, which can lead to the activity of "buying and reselling" to increase material prices. Proactively review granted material mines and take timely measures to handle mines that are illegally granted. Take strict actions against those involved in "hoarding goods" and colluding (between material mine owners) to raise prices, which affect project construction. Direct the inspection, control, and strict management of construction material prices according to regulations.

5. Assign the Minister of Transport to monitor and ensure the implementation of this Directive, and report the results to the Prime Minister./.

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PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha

Chỉ thị 13/CT-TTg năm 2023 về lập lại trật tự, kỷ cương, khắc phục những bất cập đối với công tác tư vấn đầu tư xây dựng các công trình, dự án ngành giao thông vận tải do Thủ tướng Chính phủ ban hành