Decree No 13 / 1988 Coll.
Ordinance of the State Commission for Scientific, Technical and Investment Development on the procedure for increasing budgetary costs and postponing the dates of capacity transfer to test operations and completion dates for built-in buildings
Valid
Effective from 29.01.1988
13
DECLARATION
State Commission for Scientific, Technical and Investment Development
of 14 December 1987
on the procedure for increasing budgetary costs and delaying the dates for the capacity transfer to the test operation and completion dates for the built-in buildings
The State Commission for Scientific, Technical and Investment Development provides, pursuant to § 53 paragraph 1 (e) of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, as amended by Act No. 115 / 1983 Coll.:
INTRODUCTORY PROVISIONS
Subject matter and scope of the adjustment
The decree regulates the procedure for increasing budgetary costs, (1) (hereinafter referred to as "costs') and the postponement of the deadlines for the transfer of capacity to the test operation2) and the deadlines for completion (hereinafter referred to as" deadlines')
(a) in the second and fourth part of the built-up
(aa) the structures defined as the binding tasks of the state plan (3) (hereinafter referred to as "the binding structures");
(ab) machinery and equipment not included in the budgets of buildings requiring construction and (or) assembly work4) as defined as binding tasks of the State Plan (hereinafter referred to as "binding machinery and equipment");
(b) in Part Three and Four, for built-up centralised and other buildings,
("built-up buildings').
Derogations
This decree shall apply to the built-up structures mentioned in the specific part of the plan, unless otherwise provided for in the specific regulation.
PROCEDURE FOR EXTENSION OF COSTS AND TERMS WITHIN DIFFERENT PROCESSES AND LIABILITIES AND EQUIPMENT
Obligations of the investor and his superior bodies
(1) An investor is required to process and submit to his superior authority a request for approval to increase costs or delay dates (hereinafter referred to as "the request") as soon as he finds that the costs or terms will be exceeded.
(2) In the application, the investor shall indicate the identification data (name and location of the built-up building, the name and location of the investor and the registration number of the built-up building), the causes and consequences of the proposed changes (in particular in production, sales and in relation to the state budget and efficiency) and how they are dealt with (in the case of binding buildings evidenced by the proposal for a change in the construction system), the construction participant, the opinion of the general designer, the supplier of the construction part and the relevant suppliers of the technological part.
(3) In the request for approval to increase costs, the investor shall also indicate the costs still in force and requested, the method of reimbursement and the coverage of the increased costs; in the application for a deferral of the deadline, the current and proposed dates, together with the difference.
(4) The competent investor authority will assess the application; in the case of a positive assessment, submit the application with its opinion without delay to the central investor body. Otherwise, it shall return the application and decide on the next procedure.
(5) The central investor body will examine the application and the attached opinion of the investor supervisor. In the event of a positive assessment, the application shall be submitted without delay to the competent authority for a decision. Otherwise, the central investor authority shall return the application and decide on the next step. A request to postpone the deadline shall be submitted in such time as to enable it to be decided before the expiry of the period for which it is requested.
Procedure for submitting a request for consent to increase costs
(1) The central investor authority makes a request for approval to the Bureau of the Government of the Czechoslovak Socialist Republic (hereinafter referred to as the "Bureau of the Government") in cases where the increase exceeds 10% of the costs approved by the Government of the Czechoslovak Socialist Republic (hereinafter referred to as "the Government") or 30 million Kčs (once or cumulatively from the start of construction), where the increase is not due to:
(a) the adjustment of the contract prices negotiated with the Socialist States as confirmed by the Federal Ministry of Foreign Trade;
(b) the price of machinery imported from non-socialist countries which have already been included in the approved general budget and for which foreign exchange coverage is ensured;
(c) replacement of the supply of machinery and, where appropriate, the capacity of domestic suppliers for imports approved by the Government;
(d) price changes approved by the Government.
(2) In other cases where the Bureau does not decide, the central investor authority shall submit a request for approval to the State Planning Commission for an increase in costs.
Procedure for submission of applications for postponement
(1) The central investor authority makes a request to the Bureau of Government to postpone the deadline
(a) where, on the basis of the positive opinion of the State expert body issued in agreement with the relevant planning committee and with the relevant Ministry of Finances5, it is demonstrated that the delay is necessary for the application of a new technique or to improve the quality, technical level or production volume, provided that such measures lead to an increase in the efficiency of the investment; or
(b) in the event of natural disasters or archaeological findings, the consequences of which will result in delays in supply and adversely affect the course of implementation.
(2) In other cases where the Bureau does not decide, the central investor authority shall notify the reasons and consequences of the non-compliance, including proposals for measures and replacement dates:
(a) the relevant planning committee;
(b) the relevant Scientific, Technical and Investment Development Commission;
(c) to the competent Ministry of Finance,
(d) the State Bank of Czechoslovakia - the head office or the relevant Central Institute;
if the central investor body of the Central Authority of the Republic, also the State Planning Commission, the State Commission for Scientific, Technological and Investment Development, and the Federal Ministry of Finance for the buildings in which the State experts participated.
Obligations of the central investor authority when submitting a request to the Bureau of Government
(1) The central investor authority shall seek and attach opinions to the request submitted to the Bureau of the Government:
(a) the relevant planning committee;
(b) the relevant Panel on Scientific, Technical and Investment Development;
(c) the relevant Ministry of Finance;
(d) the Federal Ministry of Foreign Trade for Import Construction;
(e) Czechoslovak state banks - the headquarters or the relevant central institution.
(2) In addition to the opinions of the competent authorities of the Republics referred to in paragraph 1, the State Planning Commission, the State Commission for Scientific, Technical and Investment Development shall request opinions from the Central Authority of the Republic in addition to those of the competent authorities of the Republics referred to in paragraph 1. The central authorities of the Republic shall submit applications through the competent government of the Republic.
Obligations of the investor's central authority when submitting an application to the State Planning Commission
(1) When submitting an application for approval to increase the cost of a decision to the State Planning Commission, the central investor authority shall inform the application by a copy of the application
(a) the relevant Commission for Scientific, Technical and Investment Development;
(b) the competent Ministry of Finance,
(c) Czechoslovak State Bank - Headquarters or the relevant Central Institute.
(2) If the central investor body of the Central Authority of the Republic is a central investor, it shall submit a request to the State Planning Commission through the relevant Planning Commission of the Republic and a copy of the application to the competent authorities of the Republic referred to in paragraph 1, to the State Commission for Scientific, Technical and Investment Development, and to the buildings in which it participated, the Federal Ministry of Finance.
PROCEDURE IN REDUCTION OF COSTS AND TERMS FOR THE BUILDING OF THE Centralised AND OTHER BUILDINGS
(1) The processing and submission of applications for centralised and other buildings shall be carried out in accordance with the provisions of Section 3, unless the central investor authority or, where appropriate, the body which approved the project task decides otherwise, except in the case referred to in paragraph 2 (a).
(2) A request for authorisation to increase costs is submitted
(a) a State Planning Commission, where the increase exceeds 10 million CZK (once or cumulatively from the start of construction) or 10% of the costs of buildings with a cost exceeding 100 million CZK;
(b) the authority which approved the project6) the task or other authority (organisation) 7) in other cases;
for centralised buildings, on the basis of a positive opinion from the competent authority of state expertise, which, in the cases referred to in the Special Regulation (7), shall be issued in agreement with the relevant planning committee and the relevant Ministry of Finance.
(3) The request to postpone the deadline is submitted for a decision:
(a) to the central investor authority for the reasons set out in § 5 (1) for the construction of buildings
1. centralised,
2. others, if the deadline for construction is exceeded by delay; 8)
(b) the body which approved the project task, (6) to another competent authority (organisation) (7) for other buildings only if the construction limit period is not exceeded;
for centralised buildings, on the basis of a positive opinion of the competent authority of State expertise issued by the competent authority of the State, mutatis mutandis, in accordance with paragraph 2.
COMMON, TRANSITIONAL AND FINAL PROVISIONS
Common and transitional provisions
(1) The arrangements for reimbursement and for covering the increase in costs are laid down in specific provisions and measures. 9)
(2) Measures taken for binding buildings after 10 December 1986 in accordance with the principles approved by the Special Measures (9), pending the entry into force of this Decree, shall be deemed to have been taken under it.
Repeal
Directives No 8 of 20 July 1979 of the Federal Ministry for Technical and Investment Development (Federal Ministry for Technical and Investment Development No 8 of 20 July 1979) on the management of the increase in the budgetary costs of the built-up buildings and the postponement of the dates for the transfer of capacity to the test operation and completion of the buildings (registered in the amount of 21 / 1979 Coll.), as amended by the Directives No 6 of 21 May 1981 (registered in the amount of 17 / 1981 Coll.), are hereby repealed.
Efficacy
The decree shall take effect on the day of its publication.
Deputy Prime Minister of CSSR and Chairman of the State Commission for Scientific, Technical and Investment Development:
Doc. PhDr. Obzina DrSc. v. r.
(1) Approved budgetary costs included in the investment plan (Title II-VIII).
2) Methodology sheet No GC 101 issued by the Federal Statistical Office published in the Federal Statistical Office Directive on State Statistical Reports for the Section of Investment Construction "5 Iv" of 11 June 1985 (notified at 1 / 1986 Coll.).
3) Uniform methodological guidelines for ministries and other central authorities of the CSSR and the Republics for the preparation of the draft five-year plan and the five-year budgetary perspective for the years 1986- 1990 and the draft implementation plan and budget for 1986 (notified at the amount of 10 / 1985 Coll.).
4) Methodology sheet No GB 103 issued by the Federal Statistical Office published in the Federal Statistical Office Directive on State Statistical Reports for the Section of Investment Construction "5 Iv" of 11 June 1985 (notified at 1 / 1986 Coll.).
5) Paragraph 67 (4) of Decree of the State Commission for Scientific, Technical and Investment Development No. 5 / 1987 Coll., on documentation of buildings.
6) § 64 and Annex 12 to Decree No. 5 / 1987 Coll.
7) § 67 paragraphs 4 and 5 of Decree No. 5 / 1987 Coll.
8) The proceeds of the Federal Ministry of Technical and Investment Development No 16 / 1981 on the issue of construction limits, as amended by Decree No 12 / 1982 (Rapporteur FMTIR, MVT ČSR and MVT SSR amount 6- 7 / 1981 and 8 / 1982, reg in amount 3 / 1983 Coll.) and Decree No. 4 / 1987 (Rapporteur SK VTRI, ČK VTIR and Slk VTIR amount 8 / 1987, reg in amount 1 / 1988 Coll.).
9) Resolution 192 of 11 December 1986 of the Bureau of the Government of the CSSR.
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Regulation Information
| Citation | Decree of the State Commission for Scientific, Technical and Investment Development No. 13 / 1988 Coll., on the procedure for increasing budgetary costs and the postponement of the dates of transfer of capacity to the test operation and completion dates for built-in buildings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1988 |
|---|---|
| Effective from | 29.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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