Staff

THE GOVERNMENT ------No. 12/2009/ND-CP

SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------Hanoi, February 12, 2009

DECREE ON MANAGEMENT OF INVESTMENT PROJECTS ON THE CONSTRUCTION OF WORKS

THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the November 26, 2003 Construction Law; At the proposal of the Minister of Construction, DECREES: Chapter I GENERAL PROVISIONS Article 1. Scope of regulation This Decree guides the implementation of the Construction Law regarding the formulation, evaluation and approval of investment projects on the construction of works; the implementation of investment projects on the construction of works; and capability conditions of organizations and individuals engaged in construction activities. The formulation, evaluation and approval of investment projects on the construction of works funded with official development assistance (ODA) comply with the laws on construction and ODA management and use. Article 2. Categorization and stale management of investment projects on the construction of works 1. Investment projects on the construction of works (below collectively referred to as projects) shall be categorized as follows: a/ By size and nature: national important projects in which investment is considered and decided by the National Assembly; other projects which are categorized into groups A, B and C as specified in Appendix I to this Decree; b/ By investment capital source:

- State budget-funded projects; - Projects funded with state-guaranteed credit or the State's development investment credit; - Projects funded with development investment capital of state enterprises; - Projects funded with capital of other sources, including private capital or capital of mixed sources. 2. Investment in the construction of works must be in line with the socio-economic development master plan, branch plannings or construction plannings, ensure security, social...