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MINISTRY OF
CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 03/2017/TT-BXD
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Hanoi, March 16,
2017
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CIRCULAR
ON
GUIDELINE FOR DETERMINATION OF COSTS OF MAINTENANCE OF CONSTRUCTION WORKS
Pursuant to the Government’s Decree
No.62/2013/ND-CP dated June 25, 2013 defining functions, rights,
responsibilities and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree
No.46/2015/ND-CP on construction quality control and maintenance (hereinafter
referred to as “Decree No.46/2015/ND-CP);
Upon request of the Director of the Institute of
Construction Economics;
The Ministry of Construction hereby issues this
Circular providing guideline for determination of costs of maintenance of
construction works.
Article 1. Scope of governing
This Circular provides the guideline for
determination of costs of construction maintenance as prescribed in Article 37
of the Decree No.46/2015/ND-CP.
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1. This Circular applies to
owners or manager, users of construction works and relevant entities engaging
in determination of costs of maintenance of construction works funded by the
State budget and extrabudgetary funds.
2. This Circular should apply
to determine costs of maintenance of construction works funded by other sources
of finance.
Article 3. Principles for
determination of maintenance costs
1. The maintenance costs shall
be determined in the maintenance cost estimate.
2. The maintenance cost
estimate shall include necessary costs estimated based on tasks according to
the approved maintenance process. A maintenance cost estimate may include, a
part or whole, expenses incurring from construction maintenance according to the
approved maintenance process.
3. The maintenance cost
estimate is made in accordance with the approved maintenance process or
maintenance technical standards.
4. According to the
construction maintenance plan prepared on the basis of the approved maintenance
construction and the current condition of the construction works:
a) A maintenance cost estimate shall be annually or
periodically (in case of repair) prepared.
b) Where it is necessary to carry out occasional
maintenance which is beyond the maintenance plan, the maintenance cost shall be
added to the maintenance plan.
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Article 4. Maintenance cost
elements
1. Costs of preparation and
assessment of construction maintenance processes (if any);
2. Costs of annual
maintenance, including:
a) Costs of preparation of the construction
maintenance plan (including costs of preparation of maintenance cost estimate,
assessment fees and other incurring costs);
b) Costs of regular and periodic construction
inspection;
c) Maintenance costs according to the annual
maintenance plan;
d) Costs of preparation and management of construction
maintenance records.
3. Costs of periodic and
occasional repair;
4. Costs of quality control
for the purpose of maintenance (if any);
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6. Costs of assessment of
bearing capacity and safety for operation;
7. Other necessary costs.
Article 5. Determination of
maintenance costs
1. The maintenance cost shall
be determined by one of the following methods:
a) Rate of the maintenance cost by percentage (%);
b) Quantity and unit prices, including: the
quantity of work according to the maintenance plan and unit price; the number
of specialists by each tasks, scope of work and progress of works,
qualifications of each specialist, and salaries and incurring expenses; or
c) Combined methods.
2. Maintenance cost elements
prescribed in Article 4 hereof shall be determined as follows:
a) The cost of preparation and assessment of
construction maintenance process shall be calculated based on technical design
expenses (for construction works requires 3-stage design) or construction
design expenses (for any construction works requires 1-stage design and 2-stage
design). Costs of assessment of the construction maintenance process shall be
included in the costs of design assessment. If a construction works is in
progress or in operation without any construction maintenance process, the
owner or manager of such construction works shall take charge of preparing the
construction maintenance process. Expenses for completing such tasks shall be
estimated based on the quantity of work and unit price as prescribed in point b
clause 1 of this Article.
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c) Costs of construction repair, quality control,
construction monitoring, assessment of safety and bearing capacity during the
operation for the purpose of maintenance shall be estimated based on the
quantity of work and unit prices or by applying combined methods as prescribed
in point c clause 1 of this Article.
d) Other necessary and incurring expenses shall be
determined by using appropriate methods.
Article 6. Construction norms
for purposes of construction maintenance
1. Construction norms shall be
determined on the basis of reference to those announced by the competent
authority.
2. In case it is necessary to
determine a construction norm for purpose of maintenance of the new work or to
adjust an announced construction norm according to the characteristics,
construction techniques and technical requirements, the owner or manager of
such construction works shall determine and adjust or hire qualified management
cost consultants to determine or adjust the construction norms as the basis for
determinate of the maintenance cost.
3. Construction norms shall be
announced, adjusted or established in conformity with the current guidance and
regulations on management of construction works.
Article 7. Management of
construction maintenance costs
1. The owner or manager of a
construction works shall prepare, assess and approve the maintenance cost
estimate or hire qualified cost management consultants to prepare and assess
the maintenance cost estimate as the basis for approval for that estimate.
Where the estimate for repair and renovation values VND 5 million or more, point
b, clause 4 Article 39 of the Decree No.46/2015/ND-CP.
2. If a construction works is
in the process of investment but has yet to have its maintenance process
prepared, or a construction comes into operation but has yet to have its
maintenance process prepared, the costs of preparation and assessment of the
construction maintenance process shall be included in the cost of construction
consulting in the total investment or to the maintenance cost estimate.
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4. In case of adjustments to
the construction maintenance process as stipulated in clause 5 Article 38 of
the Decree No.46/2015/ND-CP, adjustments to the maintenance cost estimate shall
be made accordingly.
Article 8. Implementation
organizations
1. Investors shall prepare and
approve the maintenance process under clause 2 Article 38 of the Decree
No.46/2015/ND-CP.
2. After the construction
works comes into operation, the owner or manager shall prepare a construction
maintenance plan according to the approved maintenance process, and determine
the annual maintenance cost, including periodic maintenance costs.
3. Sources of finance for
construction maintenance are prescribed in clause 1 Article 42 of the Decree
No. 46/2015/ND-CP.
Article 9. Effect
This Circular enters into force from May 01, 2017
and replaces the Circular No.11/2012/TT-BXD dated December 25, 2012 on
preparation and management of construction maintenance costs by the Ministry of
Construction.
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ANNEX
(Annexed to the
Circular No.03/2017/TT-BXD dated March 16, 2017 by the Ministry of
Construction)
RATE OF ANNUAL MAINTENANCE COST ELEMENTS
Unit: %
No.
Type of
construction works
Rate (t)
1
Civil works
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2
Construction works for the light industry and
building material industry
0.06 ÷ 0.1
3
Infrastructures
0.18 ÷ 0.25
4
Municipal traffic works other than railways and
overpasses crossing over rivers and highways.
0.2 ÷ 0.4
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1. The annual maintenance cost
equals (=) the respective rate specified in the above table multiplied by (x)
the construction cost and equipment cost ( excluding costs of technological
equipment) calculated by the investment rate of the construction works at the
same grade and of the same type at the time of preparation of the maintenance
plan:
CBTHN = t
x (CXD + CTB)
Where:
CBTHN: cost of annual maintenance of
required works
t: rate (%) according to the above table
CXD; CTB: construction cost
and equipment cost calculated by the investment rate of the construction works
at the same grand and of the same type at the time of preparation of the
construction maintenance plan.
2. The owner or manager of the
construction works shall decide a rate within the range of rate prescribed in
the above table according to the specific requirements for management,
operation, useful life, type and grade of the construction works. In case the
rate of maintenance costs (%) specified in the above mentioned table is
inappropriate to the reality, the owner or manger of the construction works
shall request the owner to adjust the rate as the basis for determination of
annual maintenance costs.