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Investors are entitled to use their legal status and their attached professional apparatus which are fully qualified and capable to organize the management of construction investment projects. In case of ineligibility, the investor may hire an organization or individual that fully meets the prescribed capacity conditions to participate in project management.
The investor is allowed to use his legal status and the attached professional apparatus that is fully qualified and capable to organize the management of construction investment projects (Photo: Khanh Hoa Newspaper).
Luong Quoc Chin (Tuyen Quang), Clause 7, Article 2 of Law No. 47/2019/QH14 amending and supplementing Article 14 of the Law on Organization of Local Government stipulates: “The People's Committee can authorize specialized agencies subjects under the People's Committee of the same level or the affiliated public non-business units". Article 37 of Decree No. 10/2021/ND-CP and Article 68 of the Law on Construction stipulate the rights and obligations of investors.
Mr. Chin asked, can the investor (the People's Committee) authorize all "rights and obligations of the investor" to the specialized agencies under the People's Committee of the same level or the attached public non-business units? If not, what content is not authorized?
The Ministry of Construction responded to this issue as follows:
Clause 9, Article 3 of the Law on Construction No. 50/2014/QH13 stipulates that construction investors are agencies, organizations and individuals that own capital, borrow capital or are assigned to directly manage and use capital to carry out activities. construction investment.
The investment decider shall decide on the investor before formulating the project or approving the project according to the provisions of Clause 1, Article 7 of the 2014 Law on Construction (Clause 4, Article 1 of Law No. 62/2020/QH14 amending and supplementing supplementing a number of articles of the Construction Law).
Investors are entitled to use their legal status and their attached professional apparatus which are fully qualified and capable to organize the management of construction investment projects. In case of ineligibility, the investor may hire an organization or individual that fully meets the prescribed capacity conditions to participate in project management.
The investor shall base themselves on the above provisions, the Law on Government Organization, the Law on Organization of Local Governments, the Law on State Budget, the Law on Public Investment and other relevant laws to perform the authorization in accordance with regulations law.
Tue Minh
Link: https://baoxaydung.com.vn/chu-dau-tu-co-duoc-uy-quyen-quan-ly-du-an-318693.html
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