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MINISTRY OF
CONSTRUCTION
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 02/2020/TT-BXD
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Hanoi, July 20,
2020
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CIRCULAR
AMENDMENTS
TO 04 CIRCULARS RELATED TO CONSTRUCTION COST MANAGEMENT
Pursuant to the Law on Construction dated June
18, 2014;
Pursuant to the Law on amendments to the Law on
Construction dated June 17, 2020;
Pursuant to the Government’s Decree No.
81/2017/ND-CP dated July 17, 2017 defining the functions, tasks, powers and organizational
structure of the Ministry of Construction;
Pursuant to the Government’s Decree No.
68/2019/ND-CP dated August 14, 2019 on construction cost management;
Implementing the Government’s Resolution No.
84/NQ-CP dated May 29, 2020 on tasks and solutions for dealing with
difficulties in business operations, promoting disbursement in public
investment and ensuring public order and safety during Covid-19 epidemic;
Implementing the Government’s Resolution No.
108/NQ-CP dated July 17, 2020 on some tasks and solutions for dealing with
difficulties in the process of implementing the Government’s Decree No.
68/2019/ND-CP dated August 14, 2019 on construction cost management;
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The Minister of Construction hereby promulgates
a Circular on amendments to the Circular No. 09/2019/TT-BXD dated December 12,
2019 of the Minister of Construction on instructions about determination and
management of construction investment costs, the Circular No. 10/2019/TT-BXD
dated December 26, 2019 of the Minister of Construction promulgating
construction norms, the Circular No. 11/2019/TT-BXD dated December 26, 2019 of
the Minister of Construction on guidelines on determination of cost per shift
of construction machinery and equipment and the Circular No. 15/2019/TT-BXD
dated December 26, 2019 of the Minister of Construction providing instructions
on calculation of unit labor costs in the building and construction sector.
Article 1. Amendments to the
Circular No. 09/2019/TT-BXD dated December 12, 2019 of the Minister of
Construction on instructions about determination and management of construction
investment costs
1. The following shall be added
before “- Các chi phí khác (nếu có)” ("- Other costs (if any) in Point d
Clause 1 of Article 3:
“Depending on the specific conditions of
specific construction projects, works or construction contract package, other
costs may be supplemented with one or more of the following additional costs:
costs moving specialized machinery and equipment to and out of the construction
site; costs of ensuring traffic safety in service of construction (if any);
costs of restoration of technical infrastructure affected by construction;
costs of storage of materials; costs of construction of cover structures for
machinery, machinery foundations, electricity, compressed air and water supply
systems at construction sites, installation and dismantlement of several
machines (such as cement mixers, asphalt mixer plants, mobile cranes, tower
cranes, other building machines and equipment of similar nature).”.
2. Clause 2 of Article 6 is
amended as follows:
“2. The power to appraise total construction
investment is specified in Clause 3 Article 6 of the Decree No. 68/2019/ND-CP.
For projects only requiring the economic-technical reports, the power to carry
out appraisal is specified in Clause 13 Article 1 and Point a Clause 2 Article
3 of the Law on amendments to the Law on Construction.”.
3. Clause 2 of Article 7 is
amended as follows:
“2. Approved total construction investment shall be
adjusted according to Article 7 of the Decree No. 68/2019/ND-CP. The adjusted
total construction investment includes approved total construction investment
and increased or reduced total construction investment.”.
4. Clause 2 of Article 12 is amended as follows:
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a) Regarding lump sum turnkey contract package
estimates and mixed contract package estimates (EPC, EC, EP, PC), the package
estimates must be appraised and approved by the investment decision maker prior
to contractor selection.
b) Where necessary, the investment decision maker
shall consider authorizing the investor to appraise and approve the cost
estimate together with the survey task.
c) If the estimated costs of tasks performed to
prepare engineering designs and construction drawings are expressed as a
percentage (%) or included in a detailed estimate in accordance with
regulations and have been within the approved total investment, they are not
required to be re-appraised or re-approved.”.
5. Clause 1 of Article 14 is
amended as follows:
“1. The construction contract package value is all
the costs necessary for executing a contract. The costs of the construction
contract package value are specified in Clause 2 Article 10 of this Circular.”.
6. Article 15 is amended as
follows:
“Article 15. Use of cost contingency
Cost contingency shall be used as prescribed in
Clause 4 Article 7, Clause 4 Article 11 and Clause 4 Article 12 of the Decree
No. 68/2019/ND-CP. During the process of executing a construction contract, the
investor shall decide to use the amount of cost contingency approved by the
investment decision maker upon determining and updating the construction
contract package value.”.
7. The following in some Points
and Clauses of Articles 3, 8, 14 and 15 are repealed:
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b) “Căn cứ vào điều kiện cụ thể của từng dự án,
công trình, gói thầu xây dựng chi phí gián tiếp có thể bổ sung một số chi phí
gián tiếp khác gồm: chi phí di chuyển máy, thiết bị thi công đặc chủng đến và
ra khỏi công trường; chi phí bảo đảm an toàn giao thông phục vụ thi công (nếu
có); chi phí hoàn trả hạ tầng kỹ thuật do bị ảnh hưởng khi thi công xây dựng (nếu
có); chi phí kho bãi chứa vật liệu (nếu có); chi phí xây dựng nhà bao che cho
máy, nền móng máy, hệ thống cấp điện, khí nén, hệ thống cấp nước tại hiện trường,
lắp đặt, tháo dỡ một số loại máy (như trạm trộn bê tông xi măng, trạm trộn bê
tông nhựa, cần trục di chuyển trên ray, cần trục tháp, một số loại máy, thiết bị
thi công xây dựng khác có tính chất tương tự)” (“Depending on the specific
conditions of specific construction projects, works or construction contract
package, indirect costs may be supplemented with additional indirect costs: costs
moving specialized machinery and equipment to and out of the construction site;
costs of ensuring traffic safety in service of construction (if any); costs of
restoration of technical infrastructure affected by construction (if any);
costs of storage of materials (if any); costs of construction of cover
structures for machinery, machinery foundations, electricity, compressed air
and water supply systems at construction sites, installation and dismantlement
of several machines (such as cement mixers, asphalt mixer plants, mobile
cranes, tower cranes, other building machines and equipment of similar nature”)
in Point b Clause 2 of Article 8.
c) Clauses 3, 4 and 6 of Article 14.
d) Clause 3 of Article 17.
8. Some contents of the Appendices
2, 3 and 9 enclosed with the Circular No. 09/2019/TT-BXD are amended by the
Appendix I enclosed herewith.
Article 2. Amendments to the
Circular No. 10/2019/TT-BXD dated December 26, 2019 of the Minister of
Construction promulgating construction norms
Some construction norms promulgated together with
the Circular No. 10/2019/TT-BXD are amended by the Appendix II enclosed
herewith.
Article 3. Amendments to the
Circular No. 11/2019/TT-BXD dated December 26, 2019 of the Minister of
Construction on guidelines on determination of cost per shift of construction
machinery and equipment
1. Clause 2 of Article 4 is amended as follows:
“2. Machinery cost per shift does not include cost
of construction of cover structures for machinery, machinery foundation,
electricity, water and compressed gas supply systems and other constructions
serving installation and test operation of some types of machines namely cement
mixers, asphalt mixer plants, mobile cranes and equivalent equipment. Separate
estimates for such costs shall be prepared depending on construction methods
and accounted for in other costs of construction estimates.”.
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Article 4. Amendments to the
Circular No. 15/2019/TT-BXD dated December 26, 2019 of the Minister of
Construction providing instructions on calculation of unit labor costs in the
building and construction sector
Clause 2 of Article 7 is amended as follows:
“2. People's Committees of provinces and
central-affiliated cities shall consult instructions given herein to direct
Departments of Construction to take charge of and cooperate with relevant
entities and units in conducting surveys or hiring qualified consultants to
survey and collect information and refer to the range of unit labor costs
published by the Ministry of Construction to publish or authorize publication
of unit labor costs every month or quarter or upon change of unit labor costs
on the construction market to form a basis for estimating and managing
construction costs within provinces.”.
Article 5. Implementation
clause
1. This Circular comes into force from September
05, 2020. The Circular No. 01/2017/TT-BXD dated February 06, 2017 of the Minister
of Construction shall cease to have effect from the effective date of this
Circular.
2. Grandfather clauses:
a) Regarding the construction contract package of
which bidding documents or request for proposal has been issued but for which
bid has been closed before the effective date of this Circular, the investment
decision maker shall consider deciding to apply regulations hereof to execute
it.
b) Regarding the construction contract package for
which bid has been closed before the effective date of this Circular, it shall
be executed according to the bidding documents, request for proposal, bid or
proposal./.
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PP. THE
MINISTER
THE DEPUTY MINISTER
Nguyen Van Sinh