THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
01/1999/TT-BXD
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Hanoi,
January 16, 1999
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CIRCULAR
GUIDING THE ELABORATION OF COST ESTIMATES OF CAPITAL
CONSTRUCTION PROJECTS UNDER THE LAW ON VALUE ADDED TAX AND THE LAW ON
ENTERPRISE INCOME TAX
Pursuant to Decree
No.28/1998/ND-CP of May 11, 1998 of the Government detailing the implementation
of the Law on Value Added Tax; Decree No.30/1998/ND-CP of May 13, 1998
detailing the implementation of the Law on Enterprise Income Tax;
Pursuant to Decree No.28/CP of March 28, 1997 of the Government on renewing the
wage and income management in State enterprises;
Pursuant to Directive No.41/1998/CT-TTg of December 17, 1998 of the Prime
Minister on the continued organization of implementation of new tax laws;
Pursuant to Circular No.89/1998/TT-BTC of June 27, 1998 of the Ministry of
Finance guiding the implementation of Decree No.28/1998/ND-CP;
In order to strictly manage the capital invested in the capital construction
and make the price determination and management compatible with the new
management mechanism; after consulting the Ministry of Finance, the Ministry of
Construction hereby guides the elaboration of cost estimates of capital
construction projects under the Law on Value Added Tax and the Law on
Enterprise Income Tax, as follows:
I. REGARDING
THE VALUE OF CONSTRUCTION AND INSTALLATION COST ESTIMATES
The value of after-tax
construction and installation cost estimates of a construction project includes
the value of pre-tax construction and installation cost estimates and the
output value added tax amount. In which:
1. The value of pre-tax
construction and installation cost estimates
The value of pre-tax
construction and installation cost estimates is the price for value added tax
calculation, including direct costs, general costs and pre-calculated taxable
incomes. The above-said costs shall be determined according to the norms of
materials consumption, labor and machinery utilization,... and the regional
price index in each period set by the competent agencies.
1.1- Direct costs:
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1.1.1- Materials costs:
Such costs shall cover main,
auxiliary and rotatory materials, which are calculated according to the capital
construction unit prices (unit prices set by provinces and cities or project
unit prices). The prices of materials and supplies to serve as basis for
calculating materials costs in the capital construction unit prices shall not
include the input value added tax, which has been paid by the construction
enterprises when purchasing such materials and supplies in service of project
construction and installation.
When the materials prices vary,
the difference between the non-value added tax prices periodically announced by
the competent agency(ies) and those already included in the capital
construction unit prices shall be determined and directly accounted into
materials costs in the cost estimates.
1.1.2- Labor costs:
Labor costs in the construction
and installation cost estimates include basic wages, allowances of wage nature
and expenses to be paid according to the prescribed regime to construction and
installation workers, which may be directly assigned to such workers in order
to calculate the normative pay for one workday. On this principle, the labor
costs in the capital construction unit prices shall be determined as follows:
- For the unit prices set by the
provinces and centrally-run cities, the labor costs shall be calculated on the
basis of the minimum wage level of 144,000 dong/month, wage grades specified in
wage index A6 issued together with Decree No.05/CP of January 26, 1994 of the
Government, itineracy allowance being equal to at least 20% of the minimum wage
level, unstable production allowance being equal to an average of 10%, a number
of subsidiary wages (for public holidays, new year festival, annual leave...),
being equal to 12% and some other expenses which may be directly assigned to
the laborers, being equal to 4% of the basic wage, respectively. For projects
eligible for subsidiary wages, wage allowances and other regimes which have not
been included in the above-said capital construction unit prices or eligible
for itineracy allowance being higher than 20% or unstable production allowance
being higher than 10% of the basic wage, such amounts shall be added to the
labor costs as guided in the general index of construction and installation
cost estimates value in Appendix 1 enclosed herewith.
- For capital construction unit
prices of projects: The basic wage amounts, wage allowances and other regimes
for construction and installation workers which the projects are eligible for
according to the above-said calculation method shall be directly accounted into
the unit prices.
1.1.3- Construction machine
costs:
They shall be calculated
according to the price index for working machine and equipment shifts issued by
the Ministry of Construction (Decision No.1260/1998/QD-BXD of November 28,
1998), in which labor costs for working machine and equipment operators and
repairers have already included contents specified in Point 1.1.2 above.
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1.2- General costs:
They shall be calculated by
percentage (%) on the labor costs in the construction and installation cost
estimates. These general costs are specified for each project type in Appendix
2.
Several expense items involved
in the parameters calculated in the general costs have not yet included input
value added tax.
1.3- Pre-calculated taxable
incomes:
In the project construction and
installation cost estimates, the taxable income shall be pre-calculated in
percentage (%) of the direct costs and general costs for each project type
specified in Appendix 2.
The pre-calculated taxable
income amount shall be used to pay enterprise income tax and some other payable
and deductible expense amounts. The income remainder shall be deducted for the
establishment of funds according to the Regulation on financial management and
business cost-accounting applicable to State enterprises issued together with
Decree No.59/CP of October 3, 1996 of the Government.
2. Output value added tax:
Output value added tax shall be
used to pay the input value added tax amount which the construction enterprise
has paid in advance when purchasing materials, supplies, fuels, energy... but
has not been calculated into materials cost, working machine cost and general
costs in the pre-tax construction and installation cost estimates and value
added tax amount that must be paid by the construction enterprise.
The output value added tax rate
shall be determined according to regulations on construction and installation
activities.
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II. REGARDING
OTHER COSTS IN THE TOTAL CONSTRUCTION PROJECT COST ESTIMATES
1. Regarding the construction
survey cost:
The construction survey cost
estimates shall be made according to the norms of construction survey cost estimates,
issued together with the Ministry of Construction’s Decision No.177/BXD-VKT of
July 17, 1995 and Circular No.22/BXD-VKT of July 17, 1995 guiding the setting
and management of construction survey costs. When value added tax is applied,
such construction survey cost estimates shall be determined as follows:
1.1- The pre-tax construction
survey cost estimates shall be equal to the construction survey cost estimates
calculated according to the above stipulations multiplied by regulatory
coefficient K = 0.95.
1.2- After-tax construction
survey cost estimates shall be equal to pre-tax construction survey cost
estimates mentioned in Point 1.1 plus (+) the output value added tax amount as
prescribed.
2. Regarding the designing
cost:
The designing cost estimates
shall be made according to the construction project designing price index
issued together with Decision No.179/BXD-VKT of July 17, 1995 of the Ministry
of Construction. When value added tax is applied, such designing cost estimates
shall be determined as follows:
2.1- The pre-tax designing cost
estimates shall be equal to the designing cost estimates calculated according
to the above stipulations multiplied by regulatory coefficient K = 0.96.
2.2- The after-tax designing
cost estimates shall be equal to the pre-tax designing cost estimates specified
in Point 2.1 plus (+) the output value added tax amount as prescribed.
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3. Regarding the investment and
construction evaluation and consultancy costs:
The investment and construction
evaluation and consultancy costs shall be calculated according to Decision
No.501/BXD-VKT of September 18, 1996 of the Ministry of Construction. When
value added tax is applied, the costs for such activities shall be determined
as follows:
3.1- Pre-tax costs shall be
equal to those calculated by percentage (%) as stipulated above multiplied by
the pre-tax construction and installation value (or construction and
installation value and equipment value, or equipment value).
3.2- After-tax costs shall be
equal to pre-tax costs specified in Point 3.1 plus (+) the output value added
tax amount as prescribed.
III.
ORGANIZATION OF IMPLEMENTATION
The method of elaborating
capital construction project cost estimates under the above guidance shall
apply throughout the country as from January 1st, 1999. All previous
stipulations which are contrary to this Circular shall be no longer effective.
The documents of the branches and localities guiding the elaboration of cost
estimates of projects of such branches and localities must not be contrary to
provisions of this Circular.
For construction projects
carried forward from previous years to 1999, the project investors and
contractors shall have to make records according to the form set by the
Ministry of Finance, clearly determining the value of construction volume
performed till December 31, 1998 and the remaining construction volume to be
performed from January 1st, 1999, in order to apply value added tax and enterprise
income tax on the following principles:
- For project or project unit
work volume already performed by December 31, 1998, value added tax shall not
apply;
- For project or project unit
work volume performed as from January 1st, 1999, value added tax shall be
calculated under this Circular’s guidance.
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Any problems arising in the
course of implementation shall be reported by the concerned branches and
localities to the Ministry of Construction for study and settlement.
FOR
THE MINISTER OF CONSTRUCTION
VICE MINISTER
Dang Nghiem Chinh
APPENDIX 1
THE GENERAL INDEX OF CONSTRUCTION AND INSTALLATION
COST ESTIMATES VALUE OF CAPITAL CONSTRUCTION PROJECTS
No.
COST ITEMS
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RESULT
I
DIRECT COSTS
1
Materials cost
VL
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Labor cost
NC
3
Working machine cost
M
Total direct costs
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T
II
GENERAL COSTS
P x NC
C
III
PRE-CALCULATED TAXABLE INCOMES
(T + C)
x Prescribed percentage
TL
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Pre-tax construction and installation cost estimates value
(T + C +
TL)
Z
IV
OUTPUT VALUE ADDED TAX
Z x
TGTGT
VAT
After-tax construction and installation cost estimates value
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Gxl
In which:
Qj : Construction and installation
work volume number j
Djvl, Djnc, Djm: Materials,
labor and working machine costs in the capital construction unit prices of
construction and installation work number j
F1: Wage allowances (if any)
calculated according to the minimum wage which have neither been calculated nor
fully calculated into the capital construction unit prices.
F2: Wage allowances (if any)
calculated according to the grade wages, which have neither been included nor
fully included in the capital construction unit prices.
h1n: Coefficient demonstrating
the correlation between the labor cost in the unit prices and the minimum wages
of wage groups number n:
- Group I : h1.1 = 2.342
- Group II : h1.2 = 2.493
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- Group IV: h1.4 = 2.796
h2n: Coefficient demonstrating
the correlation between the labor cost in the unit prices and the grade wages
of wage groups number n:
- Group I: h2.1 = 1.378
- Group II : h2.2 = 1.370
- Group III: h2.3 = 1.363
- Group IV: h2.4 = 1.357
P: General cost norms (%)
TL : Pre-calculated taxable
incomes (%)
Gxl : After-tax construction and
installation cost estimates value
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TGTGT : Value added tax rate
prescribed for construction and installation activities.
VAT: Total output value added
tax amount (including input value added tax paid when materials, supplies,
fuels, energy... are purchased, and value added tax amount that must be paid by
the construction enterprise).
APPENDIX 2
NORMS OF GENERAL COSTS AND PRE-CALCULATED TAXABLE
INCOMES
Unit:
%
Ordinal number
Types of construction and
installation projects and works
General costs
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1
Construction of common civil projects
55.0
5.5
2
Construction of houses with large concrete panels, assembly and
erection of steel structures
63.5
5.5
3
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67.5
5.5
4
Construction of hydroelectric power plants:
71.0
5.5
- Particularly, tunnels in hydroelectric power plants
74.0
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- Small-sized hydroelectric power stations
64.0
5.5
5
Installation of power and water facilities, pipelines,
technological machinery
63.5
5.5
6
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66.0
6
7
Construction of railway surface
67.0
6
8
Construction of traffic bridges and culverts, slip-ways, dry-docks,
ports
63.5
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9
Construction of offshore projects
63.5
5.5
10
Construction of irrigation works (other than those by obligatory
local laborers)
64.0
5.5
11
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51.0
6
12
Construction of postal information or railway signal communications
projects
70.0
5.5
13
Installation of petrol and oil tanks, petrol and oil conduits
within depots
63.5
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14
Installation of oil pipelines along prescribed routes
66.0
6
15
Construction of electricity transmission lines and transformer
stations
71.0
6
16
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74.0
6.5
17
Installation of machines in mine pits and tunnels
70.0
6.5
18
Afforestation, planting of industrial plants (rubber, tea,
coffee...)
60.5
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19
Forest enrichment, marking off and fostering
55.0
6.5
20
Reclamation and development of fields
55.0
5.5
21
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2.5
5.0
Notes:
For the general costs in item
21, which are calculated on the costs for use of working machines and
applicable only to projects and/or project units that use complete technological
working lines, the separate construction and installation cost estimates shall
be made.-