Headlines 27/04/2016 14:22 CH

Prominent circulations taking effect as of 01 May 2016 (Part 2)

Lan Linh

THƯ VIỆN PHÁP LUẬT introduces the prominent circulars coming into force as of 01 May 2016.

5. Applicants to military academies

Circular No. 17/2016/TT-BQP regulates details and guidelines for military academies' enrollment. Applicants thereof shall include:

- Non-commissioned officers and soldiers, who are on active duty as per the laws on military service or have been on active service for at least 6 months, and professional army servicemen, workers and national defense workers and employees having served in the Army for at least 12 full months (by September in the enrollment year).

- Young men who are not serving in the Army (including demobilized soldiers).

- Young women who are not serving in the Army and servicewomen.

+ 10% of the total enrollment quota shall be allotted to these disciplines: Army doctor in Vietnam Military Medical University, and international relations for national defense and foreign languages in the Military Science Academy.

+ At most 06% of the total enrollment quota shall be allotted to the disciplines of information technology, telecommunications and electronics, biomedical electronics, optical equipment, geographic information technology in the Military Technical Academy.

6. Order of precedence for addenda made to consulting contracts

Pursuant to the Circular 08/2016/TT-BXD the parties concerned shall negotiate the order of precedence for documents made to a consulting contract.

- If negotiation fails, the following order of precedence shall apply:

+ Notice of bid award or direct contracting.

+ Particulars of the consulting contract or its terms of reference.

+ General requirements in the consulting contract.

+ Bid invitation or proposal request from the employer.

+ Bid documents or proposals from the contractor.

+ The feasibility report approved (for the design and construction consultant)

+ Records of negotiations, amendments and supplements to the contract.

+ Appendices to the consulting contract.

+ Other relevant documents.

7. New guideline for construction pricing

Circular No. 06/2016/TT-BXD promulgates the following guideline for determination and management of building investment cost and construction cost:

Construction pricing shall be composed of:

- Particulars of the unit construction cost for specific building tasks of the project, as the basis for project estimation and building contract estimation, including:

+ Incomplete detailed unit costs for construction of the project, covering materials, labor, machinery and equipment.

+ Complete detailed unit costs for construction of the project, covering materials, labor, machinery and equipment, general cost and estimated taxable income.

- Summarized construction costs over groups or types of building tasks, structural constituents or project parts, which are summarized from the project\s detailed unit costs as stated above, as the basis for construction estimation and total building investment value, as follows:

+ Incomplete summarized construction costs.

+ Complete summarized construction costs.

8.  Minimum warranty guarantee rate by building contract

On March 10th 2016, Ministry of Construction issued the Circular No. 09/2016/TT-BXD on guidelines for building contracts.

The minimum warranty guarantee rate by building contract shall be:

- 3% of the contract value for buildings at special level or first level.

- 5% of the contract value for buildings at other levels.

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