Nội dung toàn văn Circular No. 146/2007/TT-BQP guiding No. 96/2006/QD-TTg management implementation bomb mine
MINISTRY OF DEFENSE | SOCIALIST REPUBLIC OF VIETNAM |
No.: 146/2007/TT-BQP | Hanoi, September 11, 2007 |
CIRCULAR
GUIDING THE IMPLEMENTATION OF DECISION NO. 96/2006/QD-TTg DATED MAY 04, 2006 OF THE PRIME MINISTER ON MANAGEMENT AND IMPLEMENTATION OF BOMB, MINE AND EXPLOSIVE MATERIALS
In furtherance of Decision No. 96/2006/QD-TTg dated May 04, 2006 of the Prime Minister on management and implementation of bomb, mine and explosive materials. After reaching a consensus with the Ministries and sectors concerned, the Ministry of Defense provides the guidance on implementation as follows:
I. GENERAL REGULATION
1.Scope
This Circular provides guidance on implementation of bomb, mine and explosive materials nationwide, construction investment projects using state capital (development investment capital from the state budget, state development investment credit capital, credit capital guaranteed by the state and other state investment capital) and other capital sources; projects (non-project) with foreign involvement and for the purpose of investigation, survey and research related to the existence of bomb, mine and explosive materials after war.
2. Subjects of application.
This Circular applies to the Ministries, sectors, People’s Committee of provinces and centrally affiliated cities, investors, project management committees, units, businesses, national social organizations, international organizations, foreign non-governmental organizations and domestic or foreign individuals having activities related to the bomb, mine and explosive materials in the territory of Vietnam.
3. Responsibility for management and implementation organization
3.1. The duties and responsibility of the Ministry of Finance in management and implementation of bomb, mine and explosive material disposal comply with the provisions in Article 1 and 2. The duties and responsibility of the Ministries, sectors, localities and investors comply with the provisions in Article 4 of Decision No. 96/2006/QD-TTg dated May 04, 2006 of the Prime Minister.
3.2. The Ministry of Defense develops and implements the plan for investigation and survey to make a map of bomb, mine and explosive material pollution on a national scale and in detail to communal level. The Ministries, sectors, People’s Committee of provinces and cities, towns, districts and communes will coordinate with the investigation and survey force to implement and provide relevant information correctly and objectively to complete the plan. The plan result must make a map of areas still polluted with bombs, mines and explosive material in detail to communal level, assess the level of residual bombs, mines and explosive materials in each area and nationwide in service of the planning of social-economic development of the central and local governments as a basis for consultation and implementation of bomb, mine and explosive material disposal for construction works or projects.
3.3. Due to the particularly dangerous nature, the bomb, mine and explosive material disposal is implemented by the method of assigning tasks to specialized sapper units and qualified military businesses for implementation under the Decision No. 49/2007/QD-TTg dated April 11, 2007 of the Prime Minister on the special cases of appointment of contractors specified at Point dd, Clause 1, Article 101 of the Law on Construction.
3.4. The commander of units performing the bomb, mine and explosive material disposal will take the main responsibility for the result and safety for the projects and works during the construction and operation related to the issues of bomb, mine and explosive material disposal within the scope of assigned tasks.
4. Scope of activities of bomb, mine and explosive material disposal
4.1. As an item in the content of site clearance of an investment project.
4.2. As an independent project only performing a content of bomb, mine and explosive material disposal for the site clearance for general purpose.
4.3. Area, depth and safety corridor of bomb, mine and explosive material disposal for project will comply with Decision No. 95/2003 / QD-BQP dated August 7, 2003 of the Minister of Defense on issuing the "Technical process of detection and disposal of bombs, mines and explosive materials" (referred to as area of bomb, mine and explosive material disposal ).
4.4. The underground bomb, mine and explosive material disposal specified in this Circular is only applied in case of depth up to 15m. In case of over 15 m deep, the separate process and norm issued by the Ministry of Defense will be followed.
5. The regulations and policies on treatment, allowance and subsidy to cadres and soldiers directly involved in tasks of bomb, mine and explosive material disposal will comply with the state current regulations.
II. PROCESS OF IMPLEMENTATION OF BOMB, MINE AND EXPLOSIVE MATERIAL DISPOSAL
1. Stages of implementation
The bomb, mine and explosive material disposal is conducted in accordance with the order of implementation of basic capital construction investment projects defined by the Government including two stages:
- Preparing the estimate of bomb, mine and explosive material disposal during the stage of preparation for investment.
- Implementing the bomb, mine and explosive material disposal during the stage of project implementation.
2. Formulation of estimate of bomb, mine and explosive material disposal during the stage of preparation for investment.
The investor will, based on the area of bomb, mine and explosive material disposal for the project (specified at Point 4.3, Section 4, Part I) and the norm and unit price of bomb, mine and explosive material disposal for 1 ha of area (specified in Annex 01) of this Circular to perform the following:
- Calculation of investment capital (estimate) of item of bomb, mine and explosive material disposal of the project or for an independent project of only bomb, mine and explosive material disposal
- Aggregation of estimated capital into the total investment of project or total investment for an independent project of bomb, mine and explosive material disposal.
- Submission of project for approval.
3. Implementation of bomb, mine and explosive material disposal during the stage of project implementation
The bomb, mine and explosive material disposal during the stage of project implementation is conducted with the following steps:
3.1. Step 1: Preparing the contents of request for bomb, mine and explosive material disposal
After the investment project is approved, the investor prepares the contents of written request for bomb, mine and explosive material disposal, including:
- Project name;
- Location;
- Investor;
- Area of bomb, mine and explosive material disposal;
- Capital;
- Progress requirement
3.2. Step 2: Sending the written request for bomb, mine and explosive material disposal to the following address:
- For projects with the area of bomb, mine and explosive material disposal smaller or equal to 30 ha, the written request will be sent to the High Command of Military Zone conducting the investment project for settlement.
- For projects with the area of bomb, mine and explosive material disposal smaller or larger than 30 ha, the written request will be sent to the Department of Warfare of the General Staff for settlement.
3.3. Step 3: Assigning tasks to units of bomb, mine and explosive material disposal
- Commander of Military Zone will, based on the request of the investor, pollution degree of bomb, mine and explosive materials at the area of project, decide to assign tasks to a qualified unit or business to conduct the survey and make technical performance plan – estimate and implementation of bomb, mine and explosive material disposal.
- The Head of Department of Warfare / General Staff will, based on investor’s request, pollution degree of bomb, mine and explosive material disposal at the project area, deal with the procedures and prepare decision for report to the Ministry of Defense to assign tasks to a qualified unit or business to conduct the survey and make technical performance plan – estimate; assign tasks to the performing unit. For construction projects and works with large area of bomb, mine and explosive material disposal and requirement of urgent progress, two or many units will be assigned to perform the tasks to ensure the progress.
3.4. Step 4. Assessing and approving the technical performance plan – estimate
After making the technical performance plan – estimate of bomb, mine and explosive material disposal, the assigned unit or business will send dossier to:
- Commander of Military Zone to assess and approve the technical performance plan – estimate of projects with area of bomb, mine and explosive material disposal smaller than or equal to 30 ha carried out by units or businesses under its management.
- Commander of sapper to assess and approve the technical performance plan – estimate of projects with area of bomb, mine and explosive material disposal smaller and greater than 30 ha carried out by businesses under the management of Ministry of Defense and make a report to the Ministry of Defense for approval
4. Signing of contract for implementation of bomb, mine and explosive material disposal
Based on the decision on task assignment of the Ministry of Defense or Military Zones, the investor will sign contract with the units and businesses assigned tasks for implementation, payment and finalization.
5. Performance
5.1. After the task performance contract is signed, the unit directly performing tasks must make a performance plan for report to the superior management level for approval.
5.2. The performing unit will notify in writing the bomb, mine and explosive material disposal to the local military agency in the area of project for uniform implementation and management of area.
5.3. When receiving notice, the units and agencies concerned will create conditions for the assigned unit to carry out the bomb, mine and explosive material disposal and destroy bombs, mines and explosive materials conveniently, quickly and ensure the safety and construction progress of the project.
6. Acceptance an handover
After the completion of bomb, mine and explosive material disposal for the project (or each stage), the performing unit will make a report to the investor for organization of acceptance, payment and finalization on the basis of approved technical performance plan – estimate for the investor to receive, protect and put the site into use. The dossier of result of bomb, mine and explosive material disposal is kept with project documents.
7. Inspection and report
The superior management level of the assigned unit will inspect the result of performance quality at the site. For key projects, the Ministry of Defense will assign the Command of sapper to coordinate with competent authorities for inspection organization in case of necessity.
Every quarter, 06 months or one year, the units carrying out the bomb, mine and explosive material disposal will report the result of implementation to the Command of sapper for aggregated report to the Ministry of Defense and the Prime Minister as prescribed.
III. FUND FOR BOMB, MINE AND EXPLOSIVE MATERIAL DISPOSAL
1. For projects using state budget, the compliance with the provisions in Clause 2, Article 3 of Decision No. 96/2006/QD-TTg dated May 4, 2006 of the Prime Minister is as follows:
1.1. Expenditure of allowance for the performing force with the fee of 60,000 dong/person/day under the Decision No. 122/2007/QD-TTg dated July 27, 2007 of the Prime Minister on a number of benefits for servicemen and national defense workers and officials directly carrying out the bomb, mine and explosive material disposal.
1.2. Expenditure of materials, labor and machine shift is based on the estimate norm bomb, mine and explosive material disposal issued together with Decision No. 177/2007/QĐD-BQP dated July 30, 2007 of the Minister of Defense.
1.3. The equipment for performance which the army does not have and must leased from outside must be fully and correctly calculated under current regulations.
1.4. Unit price of machine shift based on the quotation of machine shift and equipment used for bomb, mine and explosive material disposal is issued together with Decision No. 177/2005/QD-BQP dated November 04, 2005 and No. 80/2007/QD-BQP dated May 03, 2007 of the Minister of Defense.
1.5. Other expenditures are calculated under current regulations.
1.6. Not calculating the pre-calculated taxable incomes and other taxes (except for leased equipment).
2. For projects using other capital sources
To comply with the provisions in Clause 3, Article 3 of Decision No. 96/2006/QD-TTg dated June 04, 2006 of the Prime Minister; the unit price of bomb, mine and explosive material disposal is fully and correctly calculated under current regulations.
3. Method of fund guarantee
The fund guaranteed for bomb, mine and explosive material disposal is taken from the fund of project as an expenditure in the total investment of each project or total investment of independent project of bomb, mine and explosive material disposal. The investor will make a payment or finalize fund directly for units under contract.
IV. WORK OF BOMB, MINE AND EXPLOSIVE MATERIAL DISPOSAL FOR PROJECTS (OR NON-PROJECT) WITH FOREIGN INVOLVEMENT
1. Foreign countries, international organizations, foreign non-governmental organizations, foreign individuals or Vietnamese people living abroad and other organizations and individuals having activities to support the development, humanitarian aid in the field of bomb, mine and explosive material disposal in the territory of Vietnam and meet the requirement of the law and regulations of Vietnam are all given the favorable conditions for implementation.
The aid from foreign countries in the field of bomb, mine and explosive material disposal includes the main forms as follows:
- Aid through programs and projects.
- Non-project aid and support (aid not under the program, project; giving aid in the form of goods, materials, equipment, finance….)
The Ministry of Defense will coordinate with the Ministries, sectors and localities concerned to receive the supporting sources and remedy the consequences of bombs, mines and explosive materials in Vietnam.
2. The receipt of official development assistance (ODA) to remedy the consequences of bombs, mines and explosive materials left over from war will comply with Decree No. 131/2006/ND-CP dated November 09, 2006 of the Prime Minister issuing the Regulation on management and use of ODA.
3. The receipt of aid from the non-governmental organizations (NGO) will comply with Decision No. 64/2001/QD-TTg dated April 26, 2001 of the Prime Minister issuing the Regulation on management and use of aid from the non-governmental organizations (NGO).
4. The participation in the bomb, mine and explosive material disposal as the international duties assigned by the Government on the basis of international agreements in which Vietnam is contracting party.
V. IMPLEMENTATION ORGANIZATION
1.This Circular takes effect 15 days after its publication in the Gazette.
The previous regulations on management and implementation of bomb, mine and explosive material disposal in contradiction with the provisions of Decision No. 96/2006/QD-TTg of the Prime Minister and the guidelines in this Circular are invalidated.
2. For projects with the items of bomb, mine and explosive material disposal approved before the effective date of this Circular but not under the performance, their expenditure estimate will be adjusted according to this Circular. For the projects of bomb, mine and explosive material disposal still not finished, the volume completed (based on the construction diary confirmed by the investor’s supervisor) as of May 25, 2006 will be entitled to the expenditure as prescribed before the effective date of the Prime Minister’s Decision No. 96/2006/QD-TTg; the volume of performance as of May 26, 2006 to the point of time this Circular takes effect will comply with the Official Dispatch No. 5972/BQP dated November 13, 2006 of the Ministry of Defense. The volume of performance after the effective date of this Circular is adjusted under the provisions of this Circular.
3. The Ministries, sectors, People’s Committes at all levels and project investors will, based on the provisions in Decision No. 96/2006/QD-TTg of the Prime Minister and the guidelines of this Circular, organize the implementation.
Any difficulty arising during the implementation of this Circular should be promptly reported to the Ministry of Defense for consideration and settlement./.
| FOR THE MINISTER |
ANNEX 1
UNIT PRICE NORM OF BOMB, MINE AND EXPLOSIVE MATERIAL DISPOSAL TEMPORARILY CALCULATED FOR 1HA FOR ESTIMATE OF TOTAL PROJECT INVESTMENT
(Issued with Circular No 146/2007/TT-BQP dated September 11, 200)
No. | Signal density area | Unit price of bomb, mine and explosive material disposal for 1 ha (Million dong/ha) | |
On ground | In water (<15m) | ||
1 | Area 1 | 19.5 | 32.7 |
2 | Area 2 | 26.3 | 47.7 |
3 | Area 3 | 33.2 | 62.4 |
4 | Area 4 | 40.0 | 77.6 |
CLASSIFICATION OF SIGNAL DENSITY AREA
Classification | Name of locality (from district, town or higher) |
Area 4 | - Vietnamese – China border region (≤ 5 km from the border line to our country inland); - Thua Thien – Hue province: Huong Thuy and Phong Dien district |
Area 3 | - Nghe An province: Ky Son, Luong, Nam Dan, Nghi Loc, Hung Nguyen, Vinh City; - Ha Tinh province: all districts and towns except Thach Ha district; - Quang Binh province: all districts except Dong Hoi City; - Thua Thien Hue province: all of the remaining districts and cities. |
Area 2 | - Inner cities: Ha Noi, Hai Phong, Bac Giang, Thai Nguyen, Thanh Hoa; - Nghe An province: All remaining districts and towns; - Ha Tinh province: Thach Ha district; - Quang Binh Province: Dong Hoi City; - Da Nang city: all districts except Ngu Hanh Son district; - Quang Nam province: all districts and towns except Hoi An Town and Tra My District - Quang Ngai province: all districts and towns; - Ninh Thuan province: all districts and towns except Ninh Hai district, - Kon Tum province: all districts and towns; - Dak Lak province: MaDrak, Dak RLap, Krong Bong; Buon Don districts; - Gia Lai Province: Peiku city; IagGrai and Chu Prong districts; - Dong Nai province: Nhon Trach district; - Ho Chi Minh City: Cu Chi, Can Gio districts; - Long An province: all districts except Tan An town, Can Giuoc and Thanh Hoa districts - Binh Thuan province: Tuy Phong, Tanh Linh, Ham Tan districts; - Binh Duong province: Ben Cat district; - Tay Ninh province: Ben Cau, Tan Bien, Tan Chau and Tan Chau districts; - Can Tho city: Chau Thanh, Thot Not districts - Hau Giang province: Vi Thanh town - Tien Giang province: Go Cong, Cho Gao, Chau Thanh districts, My Tho City, Go Cong town. - Soc Trang province: Soc Trang City, My Tu, Long Phu, Ke Sach districts; - Kien Giang province: Chau Thanh district; - Ca Mau province: Ca Mau city, Tran Van Thoi, Ngoc Hien, Dam Doi, Cai Nuoc districts; - Tra Vinh province: Tra Vinh town - Vinh Long province: Mang Thit, Long Ho, Vung Liem districts, Vinh Long town; - Dong Thap province: Sa Dec town; Bac Lieu province: Bac Lieu town. |
Area 1 | All remaining areas except localities of areas 2, 3 and 4 in the country |
ANNEX 2
SURVEY EXPENDITURE ESTIMATE OF BOMB, MINE AND EXPLOSIVE MATERIALS
(Applied to projects and works with area of 30 ha or more)
(Issued together with Circular No. 146/2007/TT-BQP dated September 11, 2007)
No. | Expenditure item | Method of calculation | Result |
I | Direct expenditure |
|
|
1 | Material expenditure | Total material expenditures | VL |
2 | Labor allowance expenditure | Total labor expenditures | NC |
3 | Machine expenditure | Total machine expenditures | M |
4 | Other direct expenditures | 1,5% x (VL + NC + M) | TT |
| Total of direct expenditures | VL + M + NC + TT | T |
II | General expenditures | 70% x NC | C |
| Total survey estimate cost | T + C | Z |
III | Other expenditures | K1 + K2 + K… | K |
1 | Formulation of plan and report on survey result | 5% x Z | K1 |
2 | Temporary accommodation expenditures | 5% x Z | K2 |
3 | Assessment and approval expenditures | Prescribed percentage x Z | K3 |
... | Other expenditures (if any)… | … | K… |
| Total estimate value: | Z + K | G |
Note: General expenditures and expenditure of formulation of plan and report on survey result and temporary accommodation expenditures will comply with Circular No. 14/2005/TT-BXD dated August 10, 2005 of the Ministry of Construction guiding the estimate and management of construction survey expenditures
ANNEX 3
EXPENDITURE ESTIMATE OF BOMB, MINE AND EXPLOSIVE MATERIAL DISPOSAL
(Issued with Circular No. 146/2007/TT-BQP dated September 11, 2007)
No. | Expenditure item | Method of calculation | Result |
I | Direct expenditure |
|
|
1 | Material expenditure | Total material expenditures | VL |
2 | Labor allowance expenditure | Total labor expenditures | NC |
3 | Performance expenditure | Total machine expenditures | M |
4 | Other direct expenditures | 1,5% x (VL + NC + M) | TT |
| Total direct expenditures | VL + NC + M + TT | T |
II | General expenditures | 40% * NC | C |
| Total construction estimate cost | T + C | Z |
III | Other expenditures | K1 + K2 + K3 + … | K |
1 | Expenditures of survey, formulation of technical performance plan - estimate | Prescribed percentage x Z | K1 |
2 | Expenditures of assessment and approval for technical performance plan | Prescribed percentage x Z | K2 |
3 | Camp expenditure | Prescribed percentage x Z | K3 |
4 | Expenditure of performance quality inspection | Prescribed percentage x Z | K4 |
5 | Expenditure of destruction of detected bombs, mines and explosive materials | Prescribed percentage x Z | K5 |
6 | Expenditure of acceptance, payment and finalization | Prescribed percentage x Z | K6 |
7 | Expenditure of project or works management committee (if any) | Prescribed percentage x Z | K7 |
8 | Expenditure of inspection or examination (if any) | Prescribed percentage x Z | K8 |
… | Expenditurehi… | … | k… |
| Total estimate value: | Z + K | G |
Note: General expenditure is equal to 40% according to Circular No. 04/2005/TT-BXD dated April 01, 2005 of the Ministry of Construction.
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