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MINISTRY OF
STRUCTURE
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
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No. 14/2021/TT-BXD
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Hanoi, September
8, 2021
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CIRCULAR
PROVIDING
GUIDELINES ON DETERMINING STRUCTURE MAINTENANCE COSTS
Pursuant to Decree No.81/2017/ND-CP dated July
17, 2017 of the Government on functions, tasks, powers, and organizational
structure of the Ministry of Structure;
Pursuant to Decree No. 06/2021/ND-CP dated
January 26, 2021 of the Government on elaborating to quality control,
structure, and maintenance of structures;
At request of Director of Department of
Structure Economy and Director of Structure Economy Institute;
Minister of Structure promulgates Circular
providing guidelines on determining structure maintenance costs.
Article 1. Scope
This Circular provides guidelines on determining
structure maintenance costs under Article 35 of Decree No. 06/2021/ND-CP dated
January 26, 2021 of the Government on elaborating to quality control,
construction, and maintenance of structures (hereinafter referred to as “Decree
No. 06/2021/ND-CP”).
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1. This Circular applies to
organizations and individuals engaging in identifying maintenance costs for
structures constructed using state budget that makes recurrent expenditure and
non-public investment state budget.
2. Organizations and
individuals engaging in maintenance of structures constructed using other
funding sources and referring to this Circular to determine structure
maintenance costs.
Article 3. Determining
structure maintenance costs
Structure maintenance costs shall be determined by
estimates. Estimates on structure maintenance costs consist of: costs for annual
maintenance works, structure repair costs, consultancy costs serving structure
maintenance, other costs, and maintenance costs under responsibilities of
owners or individuals managing, using structures. Estimates on structure
maintenance costs shall be determined as follows:
1. Costs for annual
maintenance works specified under Point a Clause 3 Article 35 of Decree No.
06/2021/ND-CP are determined by multiplying percentage with construction costs
and equipment costs; in which:
a) Construction costs and equipment costs shall be
determined based on statement value of structures and adjustment of market
price at the time of preparing maintenance plans. In case statement value of
structures is not available, construction costs and equipment costs shall be
determined based on investment capital of respective structures publicized by
competent authority.
b) Percentage of costs for annual maintenance works
shall be determined according to guidelines under Annex I attached hereto.
c) Rely on structure type, class, maintenance
procedures, and specific operation and management requirements of structures,
owners or individuals managing, using structures shall prepare structure
maintenance plans and costs for annual maintenance works of the structures.
These costs must not exceed the costs determined based on percentage of costs
for annual maintenance works shall be determined according to guidelines under
Annex I attached hereto.
2. Structure repair costs
shall determine via estimates on structure repair costs consist of repair costs
for construction components of structures, repair costs for structure
equipment, and other relevant costs (if any).
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4. In case structure repair
requires less than VND 500 million in costs, estimates on structure repair
costs shall be determined as follows:
a) Repair costs shall be determined on the basis of
structure repair workload and unit price.
In case of periodic structure repair, workload of
repair works shall be determined on the basis of approved repair design, repair
plans, and maintenance procedures. In case of irregular structure repair,
workload of repair works shall be determined on the basis of conditions of
structures requiring repair, repair design dossiers, and other relevant
requirements.
Structure repair unit price shall be determined
based on repair estimates and price components or determined on the basis of
market price or equivalent price in structures where repair has been
implemented.
In case structure repair unit price is determined
from repair estimates and price of cost factors, direct costs (material,
personnel, construction machinery, and equipment costs) shall be determined
according to Circular providing guidelines regarding identification and
management of construction investment costs of Ministry of Construction.
Indirect costs shall equal 10% of direct costs. Advance taxable income shall
equal a percentage of direct costs and indirect costs in structure repair unit
price. Percentage of advance taxable income shall be determined according to
Circular providing guidelines regarding identification and management of
construction investment costs of Ministry of Construction. In case structure
repair unit price is determined on the basis of market price or equivalent
price in structures where repair has been conducted, unit price may include
indirect costs and advance taxable income.
d) Total estimates on structure repair costs with
less than VND 500 million in costs shall comply with guidelines under Schedule
2.2 Annex II attached hereto.
5. In case year costs for
irregular repair are incurred in year of planning, estimates on structure
repair costs shall be determined as follows:
a) For structure repair with at least VND 500
million in costs, estimates on structure repair costs shall be determined
according to Clause 3 of this Article.
b) For structure repair that requires less than VND
500 million in costs, estimates on structure repair costs shall be determined
according to Clause 4 of this Article.
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a) For consultancy affairs regulated by Ministry of
Construction under Circular issuing construction norms, costs shall conform to
this Circular.
b) For consultancy affairs such as: structure
survey to serve maintenance works; survey serving repair design, experiment
serving consultancy for structure maintenance and other consultancy affairs
instructed by Ministry of Construction under Circular providing guidelines
regarding identification and management of construction investment costs of
Ministry of Construction.
c) For consultancy affairs such as: preparing and
appraising structure maintenance procedures (in case of maintenance procedures
have not been implemented) or revising structure maintenance procedures;
conducting quality control for maintenance works; conducting irregular
structure inspection at request; conducting periodic assessment regarding
safety of structures during operation, use, and consultancy affairs applying
norms that have been prescribed but are not appropriate, determine by producing
estimates.
d) In case structure repair that requires at least
VND 500 million in cost requires economic and technical reports or structure
repair investment projects, consultancy costs serving repair identified in
total construction investment and structure construction estimates.
7. Other costs according to
Point d Clause 3 Article 35 of Decree No. 06/2021/ND-CP shall be identified by
percentage or estimates according to guidelines of competent authority.
8. Maintenance management
costs under responsibilities of owners or individuals managing, using
structures shall be identified as follows:
a) For structure repair that requires less than VND
500 million in cost, equal 3.5% of total costs for annual maintenance works and
structure repair costs; consultancy costs serving structure maintenance and
other costs prescribed under Clauses 1, 2, 6, and 7 respectively of this
Article.
b) For structure repair that requires at least VND
500 million in cost and technical reports or structure repair investment
projects, equal 3.5% of total costs for annual maintenance works, consultancy
costs serving structure maintenance, and other costs under Clauses 1, 6, and 7
respectively of this Article.
9. Appraisal, approval, and
revision of structure maintenance costs shall conform to Clause 4 and Clause 5
Article 35 of Decree No. 06/2021/ND-CP.
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This Circular comes into force from November 1,
2021 and replaces Circular No. 03/2017/TT-BXD dated March 16, 2017 of Ministry
of Construction providing guidelines on determining structure maintenance
costs.
PP. MINISTER
DEPUTY MINISTER
Le Quang Hung