THE
MINISTRY OF CONSTRUCTION
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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|
No:
14/2000/QD-BXD
|
Hanoi,
July 20, 2000
|
DECISION
PROMULGATING INVESTMENT AND CONSTRUCTION CONSULTANCY EXPENSE
NORMS
THE MINISTER OF CONSTRUCTION
Pursuant to the Government’s Decree No.15/CP
of March 2, 1993 defining the tasks, powers and State management
responsibilities of the ministries and ministerial-level agencies;
Pursuant to the Government’s Decree No.15/CP of March 4, 1994 defining the
functions, tasks, powers and organizational structure of the Construction
Ministry.
Pursuant to the Government’s Decree No.52/1999/ND-CP of July 8, 1999
promulgating the Regulation on Investment and Construction Management and Decree
No.12/2000/ND-CP of May 5, 2000 amending and supplementing a number of articles
of the Regulation on Investment and Construction Management issued together
with the Government’s Decree No.52/1999/ND-CP of July 8, 1999.
At the proposal of the director of Construction Economics Institute,
DECIDES:
Article 1.- To issue
together with this Decision the investment and construction consultancy expense
norms.
Article 2.- This
Decision replaces the Construction Minister’s Decision No.45/1999/QD-BXD of
December 2, 1999 promulgating the investment and construction consultancy
expense norms and takes effect for uniform implementation throughout the
country 15 days after its signing.
Article 3.- The
ministries, the ministerial-level agencies, the agencies attached to the
Government and the People’s Committees of the provinces and centrally-run
cities shall have to implement this Decision.
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MINISTER OF CONSTRUCTION
Nguyen Manh Kiem
INVESTMENT AND CONSTRUCTION
CONSULTANCY EXPENSE NORMS
(Issued together with the Construction Minister’s Decision No.14/2000/QD-BXD
of July 20, 2000)
Part I:
GENERAL PROVISIONS AND
APPLICATION GUIDANCE
1. Investment and construction
consultancy expense norms prescribed in this document (hereinafter called
consultancy expense norms for short) are the maximum expense levels for
carrying out the consultancy work, which serve as basis for determination of
consultancy expenses in the total investment amounts and total cost estimates,
evaluation of bids, selection of consultants and signing of consultancy
contracts in case of bidder appointment.
2. Objects and scope of application of
consultancy expense norms:
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- Projects; mini-projects; component projects;
- Bidding packages of projects (mini-projects,
component projects) under the approved bidding plans;
2.2. Scope of application: Projects invested
with the following capital sources:
- The State budget capital;
- The State-guaranteed credit capital and the State’s
development investment credit capital;
- The development investment capital of State
enterprises.
2.3. The consultancy expenses for foreign direct
investment projects (under the Law on Foreign Investment in Vietnam) shall be
agreed upon by the contracting and consulting parties. Where the project
consultancy is provided by Vietnamese consulting organizations, the expenses
therefor shall be agreed upon by concerned parties according to international
practices, which, if applying the norms prescribed in this document, shall not
be twofold lower.
3. This document prescribes consultancy
expense norms for some following jobs:
3.1. Elaboration of pre-feasibility study
reports;
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3.3. Elaboration of investment reports;
3.4. Appraisal of investment projects, technical
designs or total cost estimates (in case of hiring consultants or consulting
organizations to perform these jobs);
3.5. Compilation of bidding dossiers for
construction and installation, as well as analysis and evaluation of
construction and installation bids;
3.6. Compilation of supplies and equipment
procurement bidding dossiers, as well as the analysis and evaluation of
supplies and equipment procurement bids;
3.7. Supervision of project construction and
equipment installation.
For other consultancy jobs for which the expense
norms have not been provided, the expenses therefor shall be determined under
the guidance at Point 13 of this document.
The contents and products of each consultancy
job mentioned above shall comply with the corresponding provisions in the
following documents:
- Jobs prescribed at Points 3.1; 3.2 and 3.3
shall comply with the guidance of the Ministry of Planning and Investment;
- Jobs mentioned at Point 3.4 shall comply with
the provisions of the Investment and Construction Management Regulation issued
together with the Government’s Decree No.52/1999/ND-CP of July 8, 1999; the
Government’s Decree No.12/2000/ND-CP of May 5, 2000 amending and supplementing
a number of articles of the Investment and Construction Management Regulation
issued together with the Government’s Decree No.52/1999/ND-CP of July 8, 1999
and documents guiding the implementation thereof, issued by the Ministry of
Planning and Investment and the Ministry of Construction;
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- Jobs mentioned at Point 3.7 shall comply with
the Construction Ministry’s guidance on construction project quality control.
4. The investment and construction
consultancy expense norms will cover: wages, social and medical insurance
premiums, trade union fees, costs of materials, machinery and equipment,
managerial costs and pre-calculated taxable incomes.
Where a consulting organization has to buy
insurance of other types as required for the performance of project work
undertaken by itself, these insurance expenses shall be added to the total
consultancy expenses in the contract signed between the contracting and
consulting parties.
5. The consultancy expense norms are determined
according to project groups as follows:
- Group I: Projects on mining; metallurgy;
chemicals; mechanical engineering; electricity; construction materials; light
industry; petroleum depots; oil refining and petrochemical projects; explosives
and explosive materials depots.
- Group II: Projects on water supply and
drainage; oil pipelines; power transmission lines; transformer stations; postal
communication; signaling; lighting; and warehouse projects other than those of
Group I.
- Group III: Projects on agriculture; aquatic
resources; forestry; irrigation
- Group IV: Traffic projects on: railways; land
roads; runways, take-off and landing strips; airfields; bridges; traffic
junctions, drift signals; tunnels; ferry-landings; river-ports; seaports; water
projects; railway stations and other traffic projects.
- Group V: Civil projects on: dwelling houses;
hotels; cultural and educational works; healthcare, physical training and
sports; trade and services; working buildings; offices; headquarters and other
public works.
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6.1. The expense norms for elaboration of
pre-feasibility study reports (3.1) shall be calculated in percentage (%) of
the project construction and installation as well as equipment value (without
VAT) in the approved pre-feasibility study reports.
6.2. The expense norms for elaboration of
feasibility study reports (3.2); elaboration of investment reports (3.3), and
appraisal of investment projects (3.4) shall be calculated in percentage (%) of
the project construction and installation as well as equipment value (without
VAT) in the approved feasibility study reports (or investment reports).
6.3. The consultancy expense norms for
performance of such jobs as appraisal of technical designs and/or total cost
estimates (3.4); compilation of bidding dossiers for construction and
installation as well as analysis and evaluation of bids therefor (3.5);
supervision of project construction and equipment installation (3.7) shall be
calculated in percentage (%) of the construction and installation cost estimate
value according to projects (component projects or mini-projects) or project
items in bidding packages (without VAT), based on the approved total cost
estimates (cost estimates).
6.4. The expense norms for compilation of
supplies and equipment procurement bidding dossier as well as the analysis and
evaluation of bids therefor (3.6) shall be calculated in percentage (%) of the
projects’ supplies and equipment cost-estimate value (without VAT), based on
the approved total cost estimates.
7. Where the investment projects use
second-hand supplies and/or equipment, the values mentioned at Point 6 (to
serve as basis for determination of the consultancy expense norms) shall be
calculated according to the value of the corresponding brand-new supplies
and/or equipment. These values must be accepted by the agencies approving
technical designs and total cost estimates as prescribed for projects.
8. Determination of investment and
construction consultancy expenses:
8.1. The expense for each investment and
construction consultancy job without VAT shall be determined according to the
following general formula:
Ci= Gi x Ni
(1)
in which:
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- Ni: is the expense norm for consultancy job
No.i defined in Part II of this document; calculation unit: %. Where the Ni
interpolation is required, it shall comply with the guidance at Point 9 of this
document.
- Gi: is the corresponding value (without VAT)
used to calculate the expense for consultancy job No.i according to the
provisions at Point 6 and Part II of this document. Where the value defined at
Point 6 is not available, the investor and concerned parties shall agree upon
the temporarily calculated Gi value. Where the Gi values are already available
as prescribed, the consultancy expense shall be determined officially. Pending
such official determination, the expenses advanced to parties that have
performed the consultancy shall not exceed 70% of the consultancy expense
amount determined according to the above-mentioned temporarily calculated Gi.
8.2. The expense for each consultancy job with
VAT: shall be calculated according to the provisions at Point (8.1) plus the
corresponding VAT amount. The VAT rate(s) for consultancy job(s) shall comply
with the current regulations.
8.3. Table 4, Part II of this document
prescribes the maximum expense limits for cases of hiring consultants or
consulting organizations to appraise investment projects, technical designs
and/or total cost estimates. Consulting organizations that appraise the total
cost estimates must have full professional capability for norms, unit prices
and construction cost estimates. Particularly for cases where only experts are
hired to appraise the above-mentioned jobs, the expense therefor shall be
determined on the basis of the draft expenses (the contents of the draft
expenses for hiring experts shall comply with the guidance in the Appendix to
this document) and submitted to the authority competent to approve technical
designs and total cost estimates for approval. The expense level for hiring
appraising experts shall not exceed 60% of the above-prescribed expense levels.
8.4. The consultancy expense norm for
supervision of project construction and equipment installation shall strictly
comply with the construction duration inscribed in the investment decision.
Where the supervision duration is prolonged (not by the supervision consulting
party), thus increasing the expense for supervision of the project construction
and equipment installation against the norm, the supervision consulting party
shall be allowed to calculate this increased expense amount (correspondingly to
the prolonged supervision time) according to the following general formula:
Ck
=
Cd
x
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TGd
In which:
Ck: is the expense for supervision of project construction
and equipment installation that needs to be additionally calculated for the
prolonged supervision duration; calculation unit: value;
Cd: is the expense for supervision of project
construction and equipment installation for the prescribed supervision duration
(calculated according to the provisions of this document); calculation unit:
value;
TGd: is the prescribed supervision duration;
calculation unit: month;
TGk: is the prolonged supervision duration;
calculation unit: month.
9. Where the consultancy expense norm
interpolation is required, the following general formula shall apply:
Nit
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Nib
-
﴾
(Git - Gib)
Nib - Nia
)(3)
Gia -
Gib
in which:
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+ Git: is the value of consultancy job No.i for
which the expense norm should be calculated; calculation unit: value;
+ Gia: is the approximate value higher than the
value for which the norm must be calculated (prescribed in Part II of this
document); calculation unit: value;
+ Gib: is the approximate value lower than the
value for which the norm must be calculated (prescribed in Part II of this
document); calculation unit: value;
+ Nia: is the expense norm for consultancy job
No.i corresponding to Gia (prescribed in Part II of this document); calculation
unit: %;
+ Nib: is the expense norm for consultancy job
No.i corresponding to Gib (prescribed in Part II of this document); calculation
unit: %;
10. Where the investor or project
management board is fully qualified and allowed to concurrently perform a
number of investment and construction consultancy jobs according to current
regulations, such investor or project management board shall enjoy funding for
performance of such consultancy jobs according to the draft expenses already
approved by the agency approving technical designs and total cost estimates,
which, however, must not exceed 60% of the consultancy expense norms prescribed
for the corresponding jobs.
Where investors have their dependent
investment-construction consulting organizations (including design
consultancy), they shall be eligible for funding to cover all expenses
prescribed in this document.
11. When participating in the consultancy
selection, consulting organizations shall have to make expense estimates for
performance of consulting jobs according to the bidding dossiers. These
estimates shall serve as basis for selection of the bid-winning consultancy
organizations and conclusion of contracts for performance of consulting jobs.
The prices for contract conclusion must not be higher than those calculated
according to the consultancy expense norms prescribed in this document.
12. The consultancy expense norms for a
number of consulting jobs of projects in the socio-economic development program
for mountain, deep-lying and remote communes meeting with exceptionally
difficult conditions under the Prime Minister’s Decision No.135/1998/QD-TTg of
July 31, 1998 and the program on building commune clusters in high-mountainous
areas under the Prime Minister’s Decision No.197/1999/QD-TTg of September 30,
1999 (program 135 for short) such as elaboration of investment reports;
supervision of project construction and equipment installation shall be
adjusted as follows: construction projects in mountainous and border areas
shall apply the adjusted coefficient of 1.2; construction projects in island
areas shall apply the adjusted coefficient of 1.3, as compared to the norms
prescribed in this document.
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13.1. The construction survey expense is
calculated on the basis of the construction survey unit prices set by the
People’s Committees of the provinces and centrally-run cities and the volume of
construction survey. Pending the issuance of the survey unit prices by the
People’s Committees of the provinces and centrally-run cities, the current
survey unit prices shall still apply.
- The construction survey unit prices are
determined on the basis of the norms for construction survey cost estimates and
the Construction Ministry’s circular(s) guiding the setting and management of
construction survey unit prices.
13.2. The project designing expense: shall
comply with the guidance on construction project designing expense norm.
13.3. The project management expense: shall
comply with the guidance on the expense for project management boards.
13.4. The expense for investment and
construction consulting jobs such as:
- After-test acceptance of projects by the State
Council for Testing and Acceptance;
- Consultancy on construction legislation and
economic contracts;
- Setting of the project unit prices for
projects with separate unit prices;
- Compilation of bidding dossiers and evaluation
of bids for consultancy;
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- Inspection of the construction project quality
(if any); and
- Other consulting jobs,
shall be determined by making the expense
estimates and submitting them to authorities competent to approve technical
designs and total cost estimates for approval (the contents of the expense
estimates for consultancy shall comply with the guidance in the appendix to
this document).
Projects with value higher than that prescribed
in this document must be reported to the Ministry of Construction for guidance
on the method of determining the investment and construction consultancy
expense norms.
APPENDIX GUIDING THE
MAKING OF CONSULTANCY EXPENSE ESTIMATES
Ordinal
number
Contents of
expenses
Exposition
of expenses
In cash
(VND)
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Materials expense:
Volume x unit price
- Paper
- Stationery...
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2
Labor-hiring expense:
- Wages and wage allowances
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+ Chief consultant
Work x unit price
+ Engineer A...
. . . . .
3
Machinery and equipment expense:
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- Computers
. . . . .
- Other machinery (equipment)
. . . . .
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General expenses
70% x (2)
5
Pre-calculated taxable income
6% x (1+ 2 + 3 + 4)
6
Output VAT
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Total:
Notes: The draft expenses for hiring appraising
experts shall be determined on the basis of the assigned appraisal work volume;
the current wage regime; the stationery expense and a number of other expenses.
Part II:
TABLES OF INVESTMENT AND
CONSTRUCTION CONSULTANCY EXPENSE NORMS
A. EXPENSES CALCULATED IN
PERCENTAGE (%) OF THE PROJECT CONSTRUCTION, INSTALLATION AND EQUIPMENT VALUE
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Project
group
Job
description
Construction,
installation and equipment value without vat (billion VND)
I
< 1
1
5
15
...
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50
100
200
500
1,000
=2,000
1. Elaboration of pre-feasibility study
reports
...
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0.068
0.053
0.044
0.031
0.019
...
...
...
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2. Elaboration of feasibility study reports
0.790
0.719
0.575
0.489
0.388
0.288
0.244
...
...
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0.173
0.144
3. Elaboration of investment reports
0.557
...
...
...
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II
1. Elaboration of pre-feasibility study
reports
...
...
...
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0.045
0.035
0.029
0.020
0.012
...
...
...
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0.396
0.360
0.264
0.240
0.192
0.156
0.121
0.096
...
...
...
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0.072
3. Elaboration of investment reports
0.323
...
...
...
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III
1. Elaboration of pre-feasibility study
reports
...
...
...
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0.046
0.036
0.030
0.021
0.013
2. Elaboration of feasibility study reports
...
...
...
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0.454
0.413
0.303
0.275
0.220
0.179
0.139
0.110
0.096
...
...
...
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3. Elaboration of investment reports
0.336
...
...
...
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IV
1. Elaboration of pre-feasibility study
reports
...
...
...
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0.042
0.033
0.028
0.019
0.011
2. Elaboration of feasibility study reports
...
...
...
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0.345
0.253
0.230
0.184
0.150
0.116
0.092
0.081
0.069
...
...
...
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3. Elaboration of investment reports
0.309
...
...
...
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V
1. Elaboration of pre-feasibility study
reports
...
...
...
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0.0621
0.0483
0.0414
0.029
0.017
2. Elaboration of feasibility study reports
0.462
...
...
...
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0.336
0.276
0.227
0.168
0.143
0.118
0.101
0.086
...
...
...
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0.216
...
...
...
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A number of specific provisions for Table 1:
- The expense for elaboration of investment reports
shall be calculated according to the prescribed norm but must not be under
1,000,000 VND.
B. EXPENSES CALCULATED IN
PERCENTAGE (%) OF THE PROJECT CONSTRUCTION AND INSTALLATION VALUE
Table 2
Project
group
Job
description
Construction
and installation value without vat (billion VND)
...
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<= 0.5
1
5
15
25
50
100
200
500
...
...
...
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I
1. Compilation of construction and
installation bidding dossiers and analysis, evaluation of construction and installation
bids
0.396
0.330
0.300
0.240
0.160
0.100
0.070
...
...
...
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0.033
0.023
2. Supervision of project construction and
equipment installation
1.782
1.485
1.430
1.342
1.188
...
...
...
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0.787
0.616
0.500
0.330
II
1. Compilation of construction and
installation bidding dossiers and analysis, evaluation of construction and
installation bids
0.277
0.231
0.210
...
...
...
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0.115
0.080
0.050
0.030
0.023
0.016
2. Supervision of project construction and
equipment installation
1.240
...
...
...
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0.990
0.911
0.814
0.704
0.554
0.432
0.346
0.231
III
...
...
...
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0.263
0.219
0.200
0.160
0.109
0.077
0.045
0.029
0.022
...
...
...
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2. Supervision of project construction and
equipment installation
0.954
0.793
0.739
0.661
0.583
0.446
0.275
...
...
...
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0.163
0.109
IV
1. Compilation of construction and
installation bidding dossiers and analysis, evaluation of construction and
installation bids
0.246
0.205
0.186
0.149
0.102
...
...
...
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0.043
0.027
0.020
0.014
2. Supervision of project construction and
equipment
0.886
0.740
0.686
...
...
...
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0.546
0.421
0.254
0.202
0.156
0.102
V
1. Compilation of construction and installation
bidding dossiers and analysis, evaluation of construction and installation
bids
0.331
...
...
...
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0.240
0.204
0.138
0.090
0.060
0.036
0.024
0.019
...
...
...
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1.505
1.254
1.210
1.135
0.977
0.834
0.664
0.519
0.392
...
...
...
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C. EXPENSES CALCULATED IN
PERCENTAGE (%) OF THE PROJECT EQUIPMENT VALUE
Table 3
Project
group
Job
description
Construction
and installation value without vat (billion VND)
<= 0.5
1
...
...
...
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15
25
50
100
200
500
=1,000
I
Compilation of for supplies and equipment
procurement bidding dossiers as well as analysis and evaluation of bids
therefor
...
...
...
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0.222
0.204
0.180
0.156
0.102
0.066
0.057
0.048
0.033
...
...
...
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Compilation of supplies and equipment
procurement bidding dossiers as well as analysis and evaluation of bids
therefor
0.187
0.156
0.144
0.126
0.108
0.072
0.048
0.041
...
...
...
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0.023
III
Compilation of supplies and equipment
procurement bidding dossiers as well as analysis and evaluation of bids
therefor
0.168
0.140
0.130
0.113
0.097
0.065
...
...
...
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0.037
0.031
0.021
IV
Compilation of supplies and equipment
procurement bidding dossiers as well as analysis and evaluation of bids
therefor
0.157
0.131
0.121
0.106
...
...
...
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0.061
0.040
0.035
0.029
0.020
V
Compilation of supplies and equipment
procurement bidding dossiers as well as analysis and evaluation of bids
therefor
0.223
0.186
...
...
...
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0.156
0.132
0.084
0.054
0.048
0.041
0.028
A number of specific provisions for Table 3:
- The expense for compilation of supplies and
equipment procurement bidding dossiers as well as analysis and evaluation of
bids therefor is proportioned as follows:
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+ 40-30%, for analysis and evaluation of bids
for supplies and equipment procurement.
- The expense for compilation of bidding
dossiers as well as analysis and evaluation of bids for supplies and equipment
procurement shall be calculated according to regulations but must not be under
1,000,000 VND.
D. EXPENSE NORMS FOR HIRING
EXPERTS OR CONSULTING ORGANIZATIONS TO APPRAISE INVESTMENT PROJECTS; TECHNICAL
DESIGNS OR TOTAL COST ESTIMATES
Table 4
Job
description
Project
group
Construction,
installation and equipment value without vat (billion VND)
1. Appraisal of investment projects
I- V
...
...
...
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1
5
15
25
50
100
200
500
=1,000
...
...
...
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0.0350
0.0322
0.0266
0.0238
0.0210
0.0175
...
...
...
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0.0105
0.0067
0.0035
CONSTRUCTION AND INSTALLATION VALUE WITHOUT
VAT (BILLION VND)
2. Appraisal of technical designs
I
0.1436
0.1197
...
...
...
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0.0945
0.0630
0.0553
0.0441
0.0315
0.0221
0.0158
0.0087
...
...
...
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0.0983
0.0819
0.0756
0.0630
0.0441
0.0392
0.0309
0.0221
0.0158
...
...
...
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0.0063
III; IV
0.0932
0.0781
0.0718
0.0599
0.0422
0.0371
...
...
...
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0.0208
0.0151
0.0107
0.0057
V
0.1344
0.1008
0.0945
...
...
...
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0.0536
0.0469
0.0378
0.0271
0.0158
0.0139
0.0077
3. Appraisal of total cost estimates
I
...
...
...
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0.1050
0.0910
0.0700
0.0476
0.0413
0.0315
0.0252
0.0161
0.0133
...
...
...
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II
0.1512
0.1260
0.1120
0.0840
0.0560
0.0490
0.0371
...
...
...
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0.0231
0.0161
0.0083
III; IV
0.1057
0.0882
0.0784
0.0588
...
...
...
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0.0392
0.0259
0.0210
0.0161
0.0112
0.0067
V
0.1008
...
...
...
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0.0742
0.0560
0.0385
0.0371
0.0245
0.0203
0.0154
0.0105
0.0061
...
...
...
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1. The above-mentioned expense norms for
appraisal of technical designs and total cost estimates shall be adjusted in decrease
according to K coefficient in case of using typical designs or repeated designs
in a number of project groups or in a project. More concretely:
a/ Typical designs:
- The first project: k= 0.36
- The second project onward: k= 0.18
b/ Repeated designs:
- The first project: k= 1
- The second project: k= 0.36
- The third project onward: k= 0.18
2. The expense for appraisal of investment
projects, technical designs and total cost estimates shall be calculated
according to the prescribed norms but must not be under 500,000 VND.