THE GOVERNMENT
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No. 32/2015/ND-CP
|
Hanoi, March 25, 2015
|
DECREE
CONSTRUCTION COST MANAGEMENT
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Construction dated June 18, 2014;
At the request of the
Minister of Construction;
The Government
promulgates a Decree on construction cost management.
Chapter
I
GENERAL PROVISIONS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. This Decree deals with
management of construction costs including total construction investment,
construction estimate, construction contract estimate, construction norms,
construction prices, construction price indexes, project management and
construction consultancy cost, payment for and finalization of construction
contracts; reimbursement and statement of construction costs; rights and
obligations of investment deciders, investors, building contractors, advisory contracts
for construction cost management.
2. With regard to
construction projects funded by official development assistance (ODA), if an
international agreement to which Socialist Republic of Vietnam is a signatory
is in contravention of this Decree, regulations of such international agreement
shall apply.
Article
2. Regulated entities
1. This Decree applies to
every organization and individual (hereinafter referred to as entity) related
to construction cost management of projects funded by state budget and
external-source state capital prescribed in Clause 1 and Clause 2 Article 60 of
the Law on Construction.
2. Regulations of this
Decree may be applied to management of construction costs of projects funded by
other sources.
Article
3. Construction cost management principles
1. Construction cost
management must ensure achievement of investment targets and project
proficiency which have been approved, appropriate for construction investment procedures
prescribed in Clause 1 Article 50 of the Law on Construction and capital
sources. Construction costs must be calculated correctly and sufficiently for
each project, construction, contract, conformable with design requirements,
technical instructions, construction conditions, market prices at that time,
and the construction site.
2. The State shall manage
construction costs by promulgating legal documents, providing instructions, and
inspect the implementation thereof; providing instructions on method for
estimating and managing construction costs.
3. Investors are
responsible for construction cost management from the project preparation stage
to the completion and inauguration of the project up to the approved total
investment, including the case in which the total investment is adjusted
prescribed in Article 7 of this Decree. Investors may hire cost management
advisors that are qualified as prescribed in the Decree on construction project
management to estimate, examine, control, and manage construction costs.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter
II
TOTAL CONSTRUCTION INVESTMENT
Article
4. Preliminary total investment and total construction investment
1. Preliminary total
construction investment is the initial estimation of construction cost of the
project which is conformable with the preliminary design and other contents of
the pre-feasibility study report. Preliminary total construction investment
includes the expenditure items mentioned in Clause 2 of this Article.
2. Total construction
investment is the total construction cost of the project which has been
determined and is conformable with the fundamental design and other contents of
the pre-feasibility study report. Total construction investment is inclusive of
compensation, support, and relocation cost (if any); construction cost;
equipment cost; project management cost; construction consultancy cost; other
costs, and cost contingency for additional quantity of works and cost
escalation.
3. If only an
economic-technical report is required, total construction investment is the
construction estimate prescribed in Article 8 of this Decree inclusive of
compensation, support, and relocation cost (if any).
4. Costs of total
construction investment:
a) Compensation, support,
and relocation costs include cost of compensation for land, houses and
constructions on land, and property attached to land, on water surfaces, and
other compensation costs as prescribed; support upon land withdrawal by the
State; relocation cost; cost of organization of compensation, support, and
relocation; opportunity cost of land use during construction period (if any);
payment for built infrastructure (if any), and relevant costs;
b) Construction costs
includes costs of dismantlement of constructions, leveling, construction costs
of works and work items, construction of temporary works and ancillary works
serving the construction process;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Project management
costs include costs of performance of project management tasks from project
preparation, project execution, construction completion and project
inauguration;
dd) Construction
Consultancy costs include costs of consultancy on survey, making of
pre-feasibility study report (if any), making of feasibility study report,
making of economic-technical reports, costs of designing and construction
supervision, and relevant advisory costs;
e) Other costs include
costs of general items prescribed in Point dd Clause 2 Article 8 of this Decree
and costs other than those prescribed in Points a, b, c, d, and dd of this
Clause;
g) Cost contingency
includes provision for additional quantity of works and contingency for cost
escalation during the project execution.
Article
5. Determination of preliminary total construction investment and total
construction investment
1. The preliminary total
construction investment of the project shall be estimated according to the scale,
capacity in the preliminary design of the project, investment rate or
information about costs of projects of similar types, scale, characteristics,
whether they are completed or in progress, with account taken of other
necessary costs.
2. Total construction
investment is determined using one of the following methods:
a) Determination
according to construction quantity based on fundamental design and other
requirements of the project, including:
- Costs of compensation,
support, and relocation determined according to the quantity of compensation,
support, relocation of the project, and relevant policies of the State;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
- Equipment costs are
determined according to the quantity, types of equipment of equipment system
according to the technical, technological plan and the selected equipment,
purchase prices that are conformable with market prices, and relevant costs;
- Project management
costs and construction consultancy shall be determined in accordance with
Article 23 and Article 25 of this Decree;
- Other costs shall be
determined by the percentage (%) or estimate or use of database about similar
projects that are already completed;
- Cost contingency for
additional works is expressed as a percentage (%) of total of aforementioned
costs Contingency for cost escalation is determined according to the duration
of project execution, capital allocation plan, and annual construction price
indexes that suit the type of the construction with due account taken of
domestic and international price fluctuation;
b) Determination
according to investment rate:
Total construction
investment is determined according to the quantity, area, capacity according to
the fundamental design and corresponding investment rate that suit the type and
class of the construction, time of estimating total investment, the
construction site, and other costs that satisfy project requirements;
c) Determination from
data about costs of similar completed or in-progress constructions:
Total construction
investment is determined according to the floor area, capacity according to the
construction design, structures of the construction, and data about similar
completed or in-progress constructions of the same type, class, scale, or
capacity. Data about costs must be converted and calculated at the time of
estimating total investment, the construction area; other costs shall be
adjusted or added to satisfy requirements of the project;
d) Combining the methods
prescribed in Points a, b, and c Clause 2 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
6. Appraising, approving total construction investment
1. Total construction
investment shall be appraised together with appraisal of the construction
project. Appraisal contents:
a) Suitability of the
method for determination of total construction investment with characteristics,
technical and technological requirements of the project;
b) The sufficiency of
quantities of used for determination of total construction investment;
suitability, conformity with regulations, instructions of the State with regard
to the costs used for calculation of costs in total construction investment;
c) Determination of total
construction investment after appraisal. Analyze the reasons for increase,
decrease, and assess the assurance of investment efficiency according to the
total construction investment determined after appraisal;
2. If the project only
requires the economic-technical reports, the appraisal shall comply with Clause
2 Article 10 of this Decree.
3. The power to appraise
total construction investment:
a) The State Appraisal Council
established by the Prime Minister shall appraise projects of national
importance;
b) Construction
authorities shall appraise projects funded by state budget capital;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) With regard to
projects executed in the form of project contracts, PPP contracts having state
investment shall be appraised by competent authorities.
4. With regard to
projects that require only the economic-technical reports:
a) Projects funded by
state budget shall be appraised by construction authorities;
b) Projects funded by
external-source state capital shall be appraised by specialized agencies
affiliated to the investment decider.
5. The construction authorities
and investment deciders shall only invite experienced and qualified
organizations or individuals to appraise total construction investment or
request the investor to select a qualified construction cost manager according
to the Decree on construction project management to appraise total construction
investment, which is the basis for approval. With regard to projects of group A
or projects of Group B or C that involve complicated techniques or high
technologies, the investor shall appraise the total construction investment.
6. The investment decider
shall approve the total construction investment together with the project. The
approved total construction investment is the maximum permissible cost of
project execution.
7. The application for
appraisal of the total construction investment is part of the application for
appraisal of the construction project according to Clause 2 Article 56 of the
Law on Construction and the Decree on construction project management if the
project only requires the economic-technical reports. The result of total
investment appraisal shall be given using the form provided by the Ministry of
Construction.
Article
7. Adjustment to total construction investment
1. Approved total
construction investment shall be adjusted according to Clause 5 Article 134 of
the Law on Construction. The investment decider shall approve adjustment to
total construction investment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. If the adjustment does
not change the total value of approved total construction investment, the
investor shall make the adjustment, notify the investment decider, and take
responsibility for such adjustment.
4. If the cost
contingency is overrun, the investor shall determine replenishment of cost
contingency according to cost escalation rate when the construction price index
announced by a competent authority at the time of commencement of the project
execution is higher than the price index of the approved total investment.
5. If the adjustment to
total construction investment causes an increase or decrease to the scale of
the project or group of projects, it is still managed according to the scale
approved before adjustment.
Chapter III
CONSTRUCTION ESTIMATE
Section
1. CONSTRUCTION ESTIMATE
Article
8. Contents of construction estimate
1. The construction
estimate is the expenditure necessary for construction that is determined
during the project execution and conformable with the engineering design,
construction drawing, and tasks of the construction.
2. Construction estimate
consists of: construction costs, equipment costs, project management costs,
construction consultancy, other costs, and cost contingency. Particularly:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Equipment costs
include cost of purchase of building equipment and technological equipment;
cost of training and technology transfers; cost of installation, testing,
calibration and relevant costs;
c) Project management
costs include the costs prescribed in Clause 2 Article 23 of this Decree to
serve project management from project preparation, project execution,
construction completion and project inauguration;
d) Construction
consultancy costs include costs of survey, engineering, construction
supervision, and relevant consultancy costs;
dd) Other costs include
costs of general and costs other than those prescribed in Points a, b, c, d of
this Clause. Costs of general items include costs of construction temporary
houses serving construction management at the site; cost of transporting
building equipment and workers to and from the construction site; Occupational
safety costs, cost of assurance of traffic safety during the construction
process (if any), environmental safety costs for workers at the site and the
surroundings, costs of recovery of areas and infrastructure affected by the
construction (if any), cost of material testing of contractors and relevant
costs related to the construction.
e) Cost contingency
includes provision for additional quantity of works and contingency for cost
escalation during the project execution.
3. The investor of a
project that consists of multiple constructions may make a general construction
estimate to serve cost management. The total construction estimate is the sum
of construction estimate of each construction and relevant costs of the
project.
Article
9. Determination of construction estimate
1. The construction
estimate shall be determined on the basis of the quantity of works derived from
the engineering design, construction drawing, technical instructions, required
tasks of the construction, construction norms, and construction prices of the
construction.
2. Costs in a
construction estimate are determined as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Equipment costs are
determined according to the quantity, types of equipment of equipment system
derived from the construction and technology design, and corresponding purchase
prices. c) Costs of training, technology transfers, installation, testing,
calibration, and relevant costs shall be determined according to a cost
estimate;
c) Project management
costs are determined in accordance with Clause 3 Article 23 of this Decree;
d) Construction
consultancy costs are determined in accordance with Clause 3 Article 25 of this
Decree;
dd) Other costs shall be
determined by the percentage (%) or estimate or values of concluded contracts;
e) Cost contingency for
additional quantity works is expressed as a percentage (%) of total amount of
the costs mentioned in Points a, b, c, d, dd of this Clause. Contingency for
cost escalation is determined according to the duration of project execution,
capital allocation plan, and construction price indexes with due account taken
of domestic and international price fluctuation.
Article
10. Appraisal and approval of construction estimate
1. Construction estimate
shall be appraised concurrently with appraisal of engineering design and
construction drawing.
2. Contents of
construction estimate appraisal:
a) Inspect the
consistency of the quantity of construction works, quantity and types of
equipment in the estimate with those derived from the construction and
technology design;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Determine the value of
construction estimate after appraisal and propose a value of construction
estimate for the competent authority to consider. Evaluate the increase,
decrease of cost items; analyze the cause of such increase or decrease compared
to the value of construction estimate that need approving.
3. The power to appraise,
approve construction estimate is specified in the Decree on construction
project management.
4. With regard to
projects of national importance, projects of Group A, B, and C that apply
complicated technologies or high technologies, construction authorities and the
investment decider shall request the investor to select a advisory organization
specialized in cost management consultancy that is qualified as prescribed in
the Decree on construction project management to verify the construction
estimate before it is submitted to a competent authority for approval.
5. The approved
construction estimate is the basis for determining the contract value in the
process of contractor selection, negotiation and conclusion of construction
contracts in case of direct contracting. If the contract value in the
contractor selection plan is determined according to the total investment, it
shall be updated according to the construction estimate that is approved.
6. The application for
estimate approval is part of the application for approval for engineering
design, construction drawing, and construction estimate prescribed in the
Decree on construction project management. The result of construction estimate
appraisal shall be given using the form provided by the Ministry of
Construction.
Article
11. Adjustment to construction estimate
1. An approved
construction estimate shall be adjusted in the following cases:
a) The total construction
investment is adjusted as prescribed in Article 7 of this Decree;
b) The design is changed
in a way that is conformable with the fundamental design; the costs, including
cost contingency, are adjusted without exceeding the total construction
investment that was approved;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. The investor shall
determine adjustment to the construction estimate as the basis for adjusting
contractual prices, contract value, and the total investment.
4. If the adjustment does
not change the total value of construction estimate that was approved,
including cost contingency, the investor shall make the adjustment.
5. The power to appraise,
approve adjusted construction estimate is specified in the Decree on
construction project management.
Section
2. CONTRACT ESTIMATES
Article
12. General regulations on contract estimates
1. The contract estimates
shall be determined for each contract, suitable for the contractor selection
plan, approved construction estimate, and done before selection of building
contractors.
2. Contract estimates
include: estimate of construction contract, estimate of procurement contract,
estimate of construction consultancy contract, and estimate of mixed contract.
3. The investor shall
determine, update, appraise, and approve contract estimates to replace
construction contract value in the approved contractor selection plan, which is
the basis for making bidding documents or request for proposals and for
evaluation of building contractors.
4. Investors may hire
cost management advisors that are qualified as prescribed in the Decree on
construction project management to estimate, examine, control, and manage
construction costs.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Construction contract
estimate consists of necessary expenditures on construction, including the
works, items, and constructions suitable for the scope of the construction
contract. Contents of the construction contract estimate consist of building
costs, cost of general items, and cost contingency.
2. The building costs
shall be determined according to the quantity of works to be done and
construction unit costs as follows:
a) The quantity of works include
the quantity of construction works that are measured and calculated when
determining building costs in the construction estimate and other updates
determined according to the drawing or construction solution (if the
construction or work requires a design or construction solution), technical
instructions, and relevant technical requirements of the contract.
b) Construction unit
costs are all the costs (including direct costs, general costs, preliminary
taxable income, VAT) necessary for completing a corresponding unit of
construction work of the contract. The construction unit costs are updated
according to the unit prices of the construction estimate, suitable for market
prices around the construction site, relevant policies of the State at the time
of making the contract estimate, relevant technical requirements and technical
instructions of the contract.
3. Costs of general items
are determined according to the cost norms announced by competent authorities
or according to cost estimates.
4. Cost contingency in
the construction contract estimate is determined according to the ratios of
costs in the contract estimate and the duration of contract execution.
Nevertheless, the cost contingency shall not exceed the ratio of cost
contingency in the approved construction estimate.
Article
14. Procurement contract estimate
1. Procurement contract
estimate includes cost of purchase of building equipment and technological
equipment; cost of training and technology transfers (if any); cost of
installation, testing, calibration; cost of transport, insurance; taxes,
relevant charges, and cost contingency.
2. Costs of equipment
purchase are determined prescribed the quantity of equipment to be purchased
and their unit prices as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Unit prices of
equipment include purchase prices of equipment, costs of transport, insurance,
taxes, and relevant charges. Unit prices of equipment are determined according
to the unit prices in the construction estimate, suitable for market prices
around the construction site, relevant policies of the State at the time of
making the contract estimate, relevant technical requirements and technical
instructions of the contract.
3. Costs of installation,
testing, calibration of equipment including the costs determined similarly to
the construction contract estimate.
4. Cost contingency in
the contract estimate is determined according to the ratios of costs in the
contract estimate and the duration of contract execution. Nevertheless, the
cost contingency shall not exceed the ratio of cost contingency in the approved
construction estimate.
Article
15. Consultancy contract estimate
1. Consultancy contract
estimate is the costs of one or some advisory works that suit the scope of the
contract.
2. The contents of the
consultancy contract estimate includes the costs of hiring experts, management
costs, other costs, preliminary taxable income, taxes, and cost contingency.
With regard to construction survey consultancy contracts and construction
testing contracts, the contents of the contract estimate shall include the same
costs as the construction contract estimate.
3. The consultancy
contract estimate is made according to the consultancy costs in the
construction estimate and update of additional quantities, policies of the
State related to such costs (if any) at the time of making the estimate.
4. Cost contingency in
the contract estimate is determined according to characteristics of the
advisory works and the progress. Nevertheless, the cost contingency shall not
exceed the ratio (%) of cost contingency in the construction estimate.
5. With regard to
construction survey and engineering contracts of constructions of class II or
above, the contract estimate also includes the cost of professional liability
insurance for the consultants.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
16. Mixed contract estimate
1. The estimates of an
engineering and construction contract (hereinafter referred to as EC contract)
include the works prescribed in Article 15 and Article 13 of this Decree.
2. The estimate of a
procurement and construction contract (hereinafter referred to as PC contract)
includes the works prescribed in Article 14 and Article 13 of this Decree.
3. The estimate of an
engineering, procurement, and construction contract (hereinafter referred to as
EPC contract) includes the costs of engineering, procurement, and construction
in the approved total construction investment of the project.
4. The estimate of a lump
sum turnkey project (project planning, engineering, procurement, and
construction) includes the costs in the total construction investment of the
project prescribed in Points b, c, d, dd, e, g Clause 4 Article 4 of this
Decree.
Chapter
IV
CONSTRUCTION NORMS, CONSTRUCTION PRICES,
AND CONSTRUCTION PRICE INDEXES
Section
1. Construction norms
Article
17. Economic – technical norms
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Basic norms include
norms on use of materials, labour, capacity of building equipment. Basic norms
are used for determining construction estimate norms.
3. Construction estimate
norms are the norms for consumption of materials, manpower, and building
equipment which are suitable for technical requirements, construction
conditions, and building solutions to complete a unit of construction quantity.
4. The economic – technical
norms are the basis for construction cost management.
Article
18. Cost norms
1. Cost norms include
norms expressed as percentage (%) and norms expressed as a value.
2. Cost norms are the
basis for determination of construction prices, estimated costs of some works,
cost of construction investment including project management costs, consultancy
costs, general costs, preliminary taxable income, cost of general items, other
tasks, and other costs.
Article
19. Management of construction norms
1. The Ministry of
Construction shall provide instructions on establishing norms of construction
estimate and announcing construction norms.
2. According to the
method of establishing construction estimate norms prescribed in Clause 1 of
this Article, related Ministries and the People’s Committees of provinces shall
establish and announce construction norms for distinct works of their sectors
or provinces after reaching an agreement with the Ministry of Construction.
Announced construction norms shall be annually sent to the Ministry of
Construction.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. With regard to
building tasks that are not regulated by the announced construction estimation
norms or are regulated but not conformable with technical requirements,
construction conditions, or construction solution:
a) The investor shall
determine new construction estimate norms, adjust construction estimate norms,
or apply the norms of similar constructions as the basis for construction cost
management;
b) Investors in
construction contracts that are funded by state budget and awarded in the form
of direct contracting shall request the investment decider to consider before
application. With regard to constructions of the projects decided by the Prime
Minister, related Ministers and Presidents of the People’s Committees of
provinces shall make decisions.
5. Investors may hire
cost management advisors that are qualified as prescribed in the Decree on
construction project management to establish, adjust, and examine the
construction estimate norms mentioned in Clause 4 of this Article.
Section
2. CONSTRUCTION PRICES AND CONSTRUCTION PRICE INDEXES
Article
20. Construction prices
1. Construction prices
include:
a) Specific construction
unit costs that are the basis for determining the construction estimate;
b) Overall construction
prices of groups, types of works, structure units, or construction parts that
are Unit the basis for determining the construction estimate and total
construction investment.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Overall construction
prices are determined according to specific construction unit.
Article
21. Management of construction prices
1. According to the
method for determination of construction prices provided by the Ministry of
Construction, technical requirements, construction conditions and solutions of
the construction, the investor shall determine specific construction unit
prices and overall price of the construction, which are the basis for the
construction estimate, total investment, and construction cost management.
2. Investors may hire
cost management advisors that are qualified as prescribed in the Decree on
construction project management to perform the tasks or part of the tasks
related to determination and verification of construction costs.
Article
22. Construction price indexes
1. The construction price
index is a figure that reflects the fluctuation of construction prices by time,
and is the basis for determination, adjustment of the total construction
investment, construction prices, construction estimate, contract estimates,
contract value, conversion of capital investment in construction, and
construction cost management.
2. Construction price
indexes include construction price indexes by type of construction, cost
structure (including the price index of building works, price index of
equipment, and price index of other costs), cost factors (including price index
of building materials, price index of labour, price index of building
equipment).
3. The Ministry of
Construction shall provide the method for determination of construction price
indexes and announce the national construction price index. The People’s
Committees of provinces shall request Departments of Construction to determine
construction price indexes prescribed in Clause 2 of this Article according to
the method provided by the Ministry of Construction, make monthly, quarterly,
and annual announcements, and send reports to the Ministry of Construction for
monitoring. The fund for collecting information, calculating and announcing
construction price indexes of provinces shall be covered by annual provincial
budgets.
4. Investors in
constructions that are not on the list of construction price indexes announced
by Departments of Construction and the linear constructions that go through multiple
provinces shall determine construction price indexes according to the method
provided by the Ministry of Construction and decide the application of such
price indexes to their constructions.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter
V
COSTS OF PROJECT MANAGEMENT AND
CONSULTANCY
Article
23. Project management costs
1. Project management
costs are necessary expenditures on performance of project management tasks
from project preparation, project execution, construction completion and
project inauguration.
2. Project management
costs include salaries of project managers; wages of employees under contracts;
allowances, bonuses, collective benefits; contributions (social insurance,
health insurance, unemployment insurance, trade union fees, and other payments
made by individuals receiving salaries from the project); application of
science and technology, construction information system management, provision
of advanced training for project managers; payment for public services; office
supplies; communications, propagation; organization of relevant conventions;
business trip allowances; lease, repair, purchase of assets serving project
management; other costs, and cost contingency.
3. Project management
costs are determined according to a rate (%) announced by the Ministry of
Construction or according to an estimate or database of similar projects that
suit the project management manner, duration, scale of the project, and
characteristics of the project management tasks.
4. With regard to
projects funded by external-source state capital and special projects, if the
investor hires a project management consultant, then the project management
consultancy costs shall be determined according to the contents, quantity of
project management tasks, and agreement between the investor and the advisory
organization in the project management contract.
5. With regard to
small-scale renovation or repair projects that are defined in the Decree on
construction project management and participated by the community, and the
investor may make use of the whole apparatus to manage the project, the project
management costs shall be determined according to estimate as prescribed in
Clause 3 of this Article.
Article
24. Managing of project management costs
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. If certain tasks of
the project preparation stage are performed ahead of time, the costs of
managing such tasks shall be estimated and included in the project management
costs.
3. Project management costs
shall be adjusted in the cases permitted in Clause 1 Article 61 of the Law on
Construction.
Article
25. Construction consultancy costs
1. Construction
consultancy costs are necessary expenditure on performance of construction
consultancy tasks from project preparation, project execution, construction
completion and project inauguration.
2. Construction
consultancy costs include expenditures on hiring experts and administrative
cost of the advisory organization, other costs including the cost of using construction
information system, professional liability insurance for construction survey
and engineering of constructions of class II or above, preliminary taxable
profit, taxes, and cost contingency. With regard to construction survey
consultancy contracts and construction testing contracts, the contents of the
contract estimate shall include the same costs as the construction contract
estimate.
3. Construction
consultancy costs are determined according to a rate (%) announced by the
Ministry of Construction or according to a consultancy cost estimate of similar
projects or the cost estimate of that project itself.
4. The expenditure on
hiring foreign consultants for certain tasks shall be estimated in accordance
with regulations of competent authorities and international practice.
Article
26. Management of construction consultancy costs
1. Construction
consultancy costs determined according to Clause 3 Article 25 of this Decree is
the basis for determination of construction consultancy costs in the total construction
investment, construction estimate, determination of contract value, and
construction cost management. Before selecting the advisory contractor, the
investor shall make the consultancy contract estimate in accordance with
Article 15 of this Decree, which is the basis for contractor selection.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Investors and project
management boards that are capable of construction consultancy may include the
cost of consultancy tasks in the project management costs.
Chapter
VI
PROVISION AND ACCOUNTING OF CONSTRUCTION
CAPITAL
Article
27. Payment for construction contract
The Decree on
construction contracts shall apply to advances, payments for construction
contracts, and payment documents.
Article
28. Reimbursement of construction
costs
1. Within 07 working days
from the day on which the application for reimbursement is fully received, the
reimbursing body shall reimburse the construction costs at the investor’s
request of the investor legal representative according to the investment plan.
2. The investor or the
investor’s legal representative shall be responsible for the unit prices,
quantity of works, and the amount of investment to be reimbursed in the
application for reimbursement; the reimbursing body is not responsible for such
information provided by the investor or the investor’s legal representative in
the documents. During the payment process, if mistakes in the documents are
found, the reimbursing body shall send a written request for completion of
documents to the investor or the investor’s representative to complete the
application.
3. Capital-providing
bodies and investors are prohibited to impose illegal regulations on
reimbursement of construction costs.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Capital investment in
constructions funded by state budget and external-source state capital must be
stated after the constructions are completed.
2. The investment stated
is every legitimate cost incurred during the investment process to put the
project into operation. Legitimate cost is every cost within the scope of the
project, design, and estimate that are approved; concluded contracts including
revisions thereto that are approved intra vires. With regard to projects funded
by state budget capital, the costs stated must not exceed the total investment
that is approved or adjusted in accordance with law.
3. The investor shall
prepare the cost statement and convert capital investment after the
construction is completed, transferred, and put into operation, submit them to
the investment decider for approval within 09 months (for projects of national
importance and projects of group A) or 6 months (for projects of group B) or 3
months (for projects of group c) from the day on which the construction is
completed and put into operation. Within 06 months from the issuance of the
decision to approve the cost statement, the investor shall settle the debts and
project accounts at the reimbursing body.
With regard to
independent works and work items of the project that are completed, put into
operation, and need immediate settlement, the investor shall request the
investment decider to consider.
4. With regard to
projects funded by state budget, after the end of the fiscal year, the investor
shall make an annual cost statement as prescribed by the Ministry of Finance.
5. The investor that
fails to make the statement on schedule as prescribed in Clause 3 of this
Article shall be dealt with in accordance with the Decree on penalties for
administrative violations against regulations on construction; real estate
trading; manufacture, extraction, and trading of building materials; management
of infrastructure, management, development of houses and office buildings.
6. The power to approve
cost statements:
a) With regard to
projects of national importance and other important projects in which
investment is decided by the Prime Minister:
- The superior authority
of the investor shall consider approving cost statements of subprojects funded
by state budget;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) With regard to other
projects, the investment decider shall approve cost statements thereof.
Chapter
VII
RIGHTS AND OBLIGATIONS TO CONSTRUCTION
COST MANAGEMENT OF THE INVESTMENT DECIDER, INVESTORS, BUILDING CONTRACTORS
Article
30. Rights and obligations of the investment decider
1. The investment decider
is entitled to:
a) Approve or authorized
another person to approve the total investment, construction estimate, adjusted
total investment, and adjusted construction estimate;
b) Decide the contract
value in the contractor selection plan, type and format of the contract;
c) Accept the selection
of a qualified cost management organization as prescribed in the Decree on
construction project management to verify the total investment and construction
estimate, which are the basis for appraising and granting approval;
d) Exercise other rights
to cost management prescribed by relevant regulations of law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Ensure sufficient
capital sources to pay for the project and works according to the approved
schedule;
b) Approve cost
statements on schedule;
c) Fulfill other obligations
related to cost management prescribed relevant regulations of law.
Article
31. Rights and obligations of investors
1. The investor is
entitled to:
a) Decide the method of
determining the total investment. Adjust the expenditures in the total investment
without exceeding the approved total investment;
a) Adjust and approve
construction estimate without exceeding the approved construction estimate;
c) Appraise, verify, and
approve the construction contract estimate, which is the basis for making
bidding documents or request for proposals serving contractor selection;
d) Decide the use of
construction norms, construction prices when making the construction estimate,
construction price indexes of the construction and the construction contract;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) Claim damages or file
lawsuits as prescribed by law in case of against lateness of the reimbursing
body;
g) Approve changes to
construction solutions and technical requirements proposed by contractors as
long as quality, progress, safety, and environmental protection are ensured and
values of concluded contracts are not changed. Control the changes during the
construction process related to changes in construction costs or construction
progress acceleration;
h) Approve changes in
building materials proposed by the engineering consultant or building
contractor as long as the technical value, aesthetic value, quality, and
construction progress are ensured according to the concluded contract;
i) Perform some
construction consultancy tasks if qualified;
k) Exercise other rights
to cost management prescribed by relevant regulations of law.
2. The investor is
obliged to:
a) Organize the project
planning, request competent authorities to appraise and approve the total
investment or adjusted total investment;
b) Organize the making of
and adjustment to construction estimate, and then submit it to a competent
authority for appraisal and approval;
c) Organize the
determination of new or adjusted construction estimate norms of the
construction, which are the basis for construction cost management;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) Give advances, make
payments, and finalize contracts in accordance with regulations in the
contracts with contractors;
e) Organize the control
of construction costs as prescribed;
g) Decide and take
responsibility for the accuracy and rationality of the amounts payable to
contractors by the reimbursing body;
h) Organize the making of
the cost statement of the completed construction in accordance with Article 29
of this Decree;
i) Buy mandatory
construction insurance;
k) Fulfill other
obligations related to cost management prescribed relevant regulations of law.
Article
32. Rights and obligations of advisory contractor
1. The advisory
contractor is entitled to:
a) Provide consultancy on
cost management within their competence as prescribed in the Decree on
construction project management;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Refuse to perform the
tasks that are not related to cost management consultancy under the concluded
contract;
d) Request the investor
to pay for the costs under the concluded contract; have the late payment
interest covered;
dd) Exercise other rights
under the cost management consultancy contract and relevant regulations of law.
2. The advisory
contractor is obliged to:
a) Perform the
consultancy tasks under the concluded contract;
b) Take legal
responsibility to the investor for result of cost management consultancy and pay
compensation for any damage to the investor (if any) under regulations of law
on contracts and relevant regulations of law;
c) Do not reveal
information and documents about the cost management consultancy provided by the
consultant without the consent of the investor or a competent authority;
d) Fulfill other
obligations under the contract and relevant regulations of law.
Article
33. Rights and obligations of the building contractor
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Decide the
construction norms, construction prices, and relevant costs when making bids;
b) Change the
construction solution during the construction process as long as the quality,
progress, safety, and environmental protection is ensured, the investor or the
investor’s legal representative approves, and the value of the concluded
contract is not changed;
c) Actively use the
advances and payment for quantity of construction to serve the construction;
d) Make proposals and
negotiate with the investor about construction norms and construction unit
costs for additional works that arise during the contract execution;
dd) Request payment for
late payment interest; claim compensation for damage caused by delay in
transferring the construction site and other damage that is not caused by the
building contractor;
e) Exercise other rights
under the contract and relevant regulations of law.
2. The building
contractor is obliged to:
a) Buy insurance for
works at the construction site;
b) Pay compensation for
damage to the investor and relevant parties (if any) on account of the building
contractor according to regulations of law on contracts and relevant
regulations of law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Chapter
VIII
STATE MANAGEMENT OF CONSTRUCTION COSTS
Article
34. The Ministry of Construction
The Ministry of
Construction is responsible for uniform state management of construction cost
and is obliged to:
1. Provide specific
instructions on determination and management of construction costs, including
preliminary total construction investment, total construction investment,
construction estimate, construction norms, construction prices, project
management costs, consultancy costs, construction price indexes, construction
quantity measurement, equipment cost per shift, adjustment to total investment
and construction estimate, determination of labor cost, conversion of
construction capital, and control of construction costs.
2. Announce construction
norms, norms of degradation of construction equipment, project management cost
norms, consultancy costs, construction prices, investment rate, national
construction price index, and other economic - technical criteria.
3. Inspect the adherence
to regulations of law on construction cost management.
Article
35. The Ministry of Finance
1. Provide instruction on
payment and statement of construction costs. Promulgate regulations on
management, use of revenues from project management of investors and management
boards of the projects funded by state budget.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Inspect the payment
and statement of construction costs of the projects funded by state budget and
external-source state capital.
Article
36. Other Ministries and the People’s Committees of provinces
1. According to the
method of making construction estimate norms provided by the Ministry of Construction,
other Ministries and the People’s Committees of provinces shall establish and
announce construction estimate norms for professional tasks under their
management after reaching an agreement with the Ministry of Construction.
2. The People’s Committees
of provinces shall provide instruction on estimating and managing construction
costs; announce prices of building materials, labor cost, equipment cost per
shift, construction price indexes and construction unit costs that suit local
market prices; inspect the adherence to regulations on construction cost
management.
Chapter
IX
IMPLEMENTATION
Article
37. Transition
1. The Government's
Decree No. 112/2009/ND-CP dated December 14, 2009 on construction cost
management shall apply to projects of investment that are approved before the
effective date of this Circular and are yet to be commenced or still in
progress.
2. Regulations of this
Decree shall apply to construction cost management of the projects that have
been formulated, appraised, but not approved before the effective date of this
Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. This Decree takes
effect on May 10, 2015 and replaces the Government's Decree No. 112/2009/ND-CP
dated December 14, 2009 on construction cost management.
2. Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Presidents of the
People’s Committees of provinces, heads of political organizations,
socio-political organizations, socio-political-professional organizations,
relevant organizations and individuals are responsible for the implementation
of this Decree.
3. The Ministry of
Construction shall take charge, cooperate with relevant Ministries and
regulatory bodies in providing guidelines for this Decree./.
FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung