DECISION

ON SPECIAL CASES WHERE CONTRACTORS MAY BE APPOINTED UNDER THE PROVISIONS OF POINT E, CLAUSE 1, ARTICLE 101 OF THE LAW ON CONSTRUCTION

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Construction dated November 26, 2003;

Pursuant to the Government’s Decree No. 111/2006/ND-CP dated September 29, 2006, guiding the implementation of the Bidding Law and the selection of construction contractors under the Law of Construction;

At the proposal of the Minister of Construction,

DECIDES:

Article 1.

Special cases where contractors may be appointed under the provisions of Point e, Clause 1, Article 101 of the Law on Construction, include:

1. Compilation of construction planning dossiers;

2. Formulation of projects on work construction investment and design after work architectural design solutions are selected through contest.

After the selection results are disclosed, if the author of the selected architectural design solution satisfies all the prescribed capacity conditions, that author and the investor shall directly negotiate and sign a contract to formulate a project on work construction investment and design. If the author of the selected architectural design solution fails to meet capacity conditions, she/he/it may enter a partnership with a qualified architectural consultancy organization in order to sign a contract with the investor. If the author of the selected architectural design solution refuses to formulate a project on work construction investment and design, the investor may select another contractor in accordance with law;

3. The sweeping of bombs, mines and explosive objects for construction site preparation shall be carried out under the Prime Minister’s Decision No.96/2006/QD-TTg dated May 4, 2006, on management and performance of bomb, mine and explosive object sweeping.

Article 2.

This Decision takes effect 15 days after its publication in CONG BAO.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People s Committees, and relevant organizations or individuals shall implement this Decision.