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THE GOVERNMENT
OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 206/2026/ND-CP
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Hanoi, June 15, 2026
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DECREE
ELABORATING MANAGEMENT OF CONSTRUCTION
INVESTMENT
Pursuant to the Law on Government
Organization No. 63/2025/QH15;
Pursuant to the Law on
Local Government Organization No. 72/2025/QH15;
Pursuant to the Law on
Construction No. 135/2025/QH15;
Pursuant to the Law on
Public Investment No. 58/2024/QH15 amended by the Law No. 90/2025/QH15, the Law
on Construction No. 135/2025/QH15;
Pursuant to the Law on
Public-Private Partnership Investment No. 64/2020/QH14 amended by the Law No.
03/2022/QH15, the Law No. 28/2023/QH15, the Law No. 35/2024/QH15, the Law No.
57/2024/QH15, the Law No. 90/2025/QH15, the Law No. 133/2025/QH15;
Pursuant to the Law on
Bidding No. 22/2023/QH15 amended by the Law No. 57/2024/QH15, the Law No.
90/2025/QH15, the Law No. 116/2025/QH15, the Law No. 133/2025/QH15;
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At request of the
Minister of Construction;
The Government
promulgates Decree elaborating management of construction investment.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
1. This Decree elaborates provisions
pertaining to management of construction investment under Article 74, Clause 7,
Article 76 of the Law on Construction No. 135/2025/QH15, including: estimated
total investment, total investment, construction estimates, construction
contract package price, project management costs, construction consulting
costs, other costs, system of construction norm instruments, construction
prices and price indices; rights and responsibilities of relevant subjects in
management of construction investment; responsibility for governance for
construction investment of regulatory authorities.
2. This Decree does not
apply to provisions pertaining to construction contract price, payment, final
settlement of construction contracts; payment and final settlement of construction.
Article
2. Regulated entities
1. This Decree applies to
agencies, organizations, and individuals related to management of construction
investment of public investment projects; public-private partnership investment
projects (hereinafter referred to as “PPP projects”); projects funded by
recurrent state budget expenditure, other state budget capital not regulated by
public investment laws.
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Article
3. Principles of management of construction investment
1. Management of construction
investment shall satisfy principles under Clause 1 Article 73 of the Law on
Construction No. 135/2025/QH15.
2. Construction investment
shall be determined for projects, construction works, and construction package;
determination of costs must be consistent with and appropriate to construction
design, standards, regulations, technical guidelines, technology used in
projects, construction works, contract package and shall enable selection of
contractors, investors, and management of construction contracts, PPP project
contracts.
3. In respect of projects
separated into component projects or standalone component projects,
determination of construction investment of each component project, standalone
component project shall conform to Clause 2 of this Article.
4. In respect of
construction projects serving national defense and security, inspection of
total construction investment, construction estimates shall conform to
regulations of the Minister of National Defense and the Minister of Public
Security.
5. In respect of PPP
projects, management of construction investment shall conform to this Decree
and regulations on PPP investment; management and use of provisional costs
shall be stipulated in bidding documents, request for proposal for contractor selection
and PPP project contracts; the use of provisional costs in case of investor
designation or investor selection in special circumstances shall require
remarks of agencies signing PPP project contracts.
6. System of construction
prices, construction norms, construction price indices promulgated, declared by
competent regulatory authorities and construction investment of projects,
construction works shall be approved and updated on information system,
national database on construction activities.
7. Management of
construction investment for public investment shall be implemented on the basis
of decentralization, authorization, and strengthening of responsibility of
project developers; investment-decision makers shall inspect management of
construction investment of project developers during project implementation.
Chapter
II
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Article
4. Estimated total construction investment
1. Estimated total
construction investment under Clause 1 Article 75 of the Law on Construction
No. 135/2025/QH15 consists of: expenditure on compensation, assistance, and
relocation (if any); construction costs; equipment costs (if any); project
management costs; construction consulting costs; other costs, and provisional
costs.
2. Estimated total
construction investment shall be calculated on the basis of scale, production,
or service capacity based on preliminary design plans of projects and
construction investment rate, cost rate, prices of construction work group,
prices of construction parts, structural units, or cost data of similar
construction works, projects in terms of type of construction works, scale,
production, or service capacity of finished or active projects with analysis
and assessment in order to calculate conformity to market price on the date on
which calculation is conducted, location of construction, other necessary costs
of projects.
In case of projects
involving large-scale and complex engineering construction works or utilizing
new technology not popular in Vietnam, without construction investment rate,
prices of construction work group, prices of construction parts, structural
units, or cost data of similar construction works in Vietnam, estimation of
total construction investment can be facilitated by consulting, adopting
prices, norms of foreign countries, and cost data of similar finished or active
construction works, projects in foreign countries together with analysis,
assessment, and calculation appropriate to price circumstances on the date on
which estimation of total construction investment is prepared and conditions
for executing projects in Vietnam.
3. Where investment
guidelines of projects separate into component projects; standalone component
projects; standalone projects for compensation, assistance, relocation, site
preparation (if any) according to Clause 3 Article 16 of the Law on
Construction No. 135/2025/QH15:
a) Estimated total
construction investment of projects consist of estimated total construction
investment of each component project; standalone component project; standalone
project for compensation, assistance, relocation, and site preparation (if
any);
b) Contents of estimated
construction investment of component projects; standalone component projects;
standalone projects for compensation, assistance, relocation, and site
preparation (if any) consisting of all or some cost entries under Clause 1 of
this Article appropriate to scale, scope, and technical characteristics of each
project.
4. Inspection, approval of
estimated total construction investment shall be implemented at the same time
as inspection, decision of project investment guidelines in accordance with
public investment laws, PPP investment laws, and other relevant law provisions.
5. Adjustment to estimated
total construction investment:
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b) In respect of projects under
Clause 3 of this Article implemented in form of public investment, where total
investment of some or all component projects change relative to estimated total
construction investment of component projects approved under investment
guidelines of projects without altering objectives, location, without exceeding
total construction investment of projects, and while ensuring investment
effectiveness of projects, adjustment to total construction investment of
component projects under decision on approved investment guidelines;
c) Entitlement to approve
amended estimated total construction investment shall conform to public
investment laws, PPP investment laws, relevant law provisions, authorities
entitled to approve amended estimated total construction investment shall be
authorities entitled to decide on amendment to investment guidelines.
Article
5. Total construction investment
1. Total construction
investment is stipulated under Article 75 of the Law on Construction No.
135/2025/QH15. Expenditure entries in total construction investment includes:
a) Expenditure for
compensation, assistance, and relocation includes: costs for compensation
relating to land, houses, construction works on land, assets attached to land,
on water, and other compensation costs as per the law; financial assistance in
case of land expropriation implemented by the Government; costs for relocation;
costs for securing compensation, assistance, and relocation; counseling costs
related to compensation, assistance, and relocation (if any); costs for land
use, land rent calculated during construction period, and other costs related
to use, repurposing of land, water resource, marine resource use as per the law
(if any); costs for repurposing forest use, replacement aforestation as per the
law (if any); costs for protecting, developing rice farm land (if any); costs
for relocating and restoring funded and constructed technical infrastructures
in service of site preparation (if any); other relevant costs;
b) Construction costs
include: costs for building construction works and work items of projects;
costs for building construction works, work items of projects; costs for
building temporary or auxiliary construction works, work items; costs for
demolishing construction works beyond the scope of demolition work for site
preparation identified in costs for compensation, assistance, and relocation;
c) Equipment costs consist
of costs for construction equipment and technology equipment of construction
works and projects, including costs for procuring equipment; costs for managing
equipment procurement (if any); costs for paying royalties (if any); costs for
training and transferring technology (if any); costs for manufacturing,
producing equipment that requires manufacturing and production (if any); costs
for installing, experimenting, calibrating; costs for testing equipment in
accordance with technical requirements (if any); costs for transportation;
insurance; tax, and other fees; provision materials and equipment (if any);
other relevant costs;
In respect of selected
technology equipment, costs for procuring technology equipment of partners,
suppliers must be consistent with the level of transfer, standards of
suppliers, manufacturers, standards applicable to projects, including costs for
training, harnessing operation and maintenance (if any);
d) Costs for project
management consist of necessary costs for arranging management of
implementation and arranging implementation of project management work from
preparation, execution, to completion. Costs for project management are
prescribed under Article 25 hereof;
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e) Other costs include
necessary costs for executing construction projects that do not fall under
Points a, b, c, d, and dd of this Clause;
g) Provision costs include
provision costs for additional quantity and workload, and provision for
inflation during project execution.
2. In respect of projects
that are separated into component projects or standalone component projects or
standalone compensation, assistance, relocation, and site preparation projects
(if any) in accordance with Clause 3 Article 16 of the Law on Construction No.
135/2025/QH15 during preparation of feasibility study or technical-economic
reports:
a) Total construction
investment of projects includes total construction investment of component
projects, independent component projects, standalone compensation, assistance,
relocation, and site preparation projects (if any), and other general necessary
costs of projects;
b) Total construction
investment of component projects, standalone component projects consists of all
or some cost entries under Clause 1 of this Article and is determined in a
manner consistent with scope, scale, characteristics of each component project;
c) In respect of
standalone compensation, assistance, relocation, and site preparation projects
(if any), total construction investment of projects consists of some or all
costs under Point a Clause 1 of this Article, other relevant costs according to
land laws (if any) and provision cost.
3. Total construction
investment of projects utilizing ODA, concessional loans of foreign sponsors
may also include other necessary cost entries consistent with characteristics
of projects according to international treaties, agreements pertaining to ODA,
concessional loans and relevant law provisions.
4. Total construction
investment of PPP projects may include other necessary cost entries according
to PPP investment laws.
5. Where field-specific
laws prescribe other necessary costs, total construction investment may also
include theses costs.
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Article
6. Determination of total construction investment
1. Total construction
investment shall be determined on the basis of all cost entries for each
construction work and work item of projects. Determination of costs must be
appropriate with the type of construction design selected during preparation of
feasibility study including fundamental design, FEED design, technical design,
economic-technical reports.
2. Determination of cost
entries in total construction investment is conducted as follows:
a) Expenditure on
compensation, assistance, and relocation shall be determined on the basis of
estimated inventory of quantity, area for compensation, assistance, and
relocation of projects and relevant regulations, policies of the Government;
b) Construction costs
shall be determined for each construction work on the basis of quantity
calculated by area, production, or service capacity by construction design,
work, tasks, work group, structural units, or parts of construction works; and
construction price, construction norms, construction price data of similar
construction works under Clause 5 of this Article and other relevant costs;
c) Equipment costs shall
be determined for construction works and projects on the basis of quantity, load,
type of equipment, equipment system according to requirements of construction
design, technology design, and equipment price appropriate to technical
standards, technical requirements, and origin according to requirements of
projects determined on the basis of equipment cost rate by area, production,
service capacity depending on design requirements or construction price data of
similar construction works or equipment costs according to Clause 5 of this
Article and other relevant costs;
d) Project management
costs shall be determined in accordance with Article 25 hereof;
dd) Construction
consulting costs shall be determined in accordance with Article 26 hereof;
e) Other costs shall be
determined by cost norms or preparation of estimates. Costs for clearing mines
and explosive ordnance shall conform to regulations of the Minister of National
Defense;
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h) Certain costs under
Points a, b, c, d, dd, and e of this Clause that have not been regulated or
determined due to insufficient basis shall be estimated in total construction
investment. During implementation of subsequent steps, project developers shall
clarify this cost to facilitate management.
3. Where FEED design or
technical design is adopted under feasibility study, determination of
construction costs and equipment costs under Point b and Point c Clause 2 of
this Article shall comply with guidelines under Clause 2 and Clause 3 Article
12 hereof.
4. In respect of projects
separated into component projects or standalone component projects,
determination of cost entries of total construction investment of component
projects and standalone component projects shall conform to Clause 2 of this
Article.
5. The use of price
instruments, construction norms, construction price data of similar
construction works for determining total construction investment of projects:
a) Consult, adopt
construction price, prices of cost factors direct constituting construction
price under Article 22 hereof and construction norm system under Article 19
hereof;
b) In case of insufficient
basis for determining costs according to Point a of this Clause, prices and
price data of completed or ongoing construction works, projects in Vietnam or
other countries can be consulted or adopted to determine costs;
c) Prices, price data of foreign
construction works and projects under Point b of this Clause can be determined
on the basis of foreign norms, prices of cost factors, other relevant costs;
d) In respect of public
investment projects, in addition to Points a, b, and c of this Clause,
construction norm system developed by competent regulatory authorities under
Article 19 hereof can be adopted to determine construction prices. Where
construction norms appropriate to design, technical requirements, construction
conditions, construction plans are not available, expected construction
technology, conditions, and plans shall be used to adopt, calculate, and adjust
construction norms. In respect of other projects, construction norm system can
be consulted for the purpose of determining construction prices;
dd) Construction prices,
prices of cost factors that directly constitute construction prices (prices of
materials, personnel, construction machinery), prices of machinery shall be
determined on the basis of reviewing and assessing sources of database on
information system, national database on construction activities, price
declaration of local governments, price quotation of suppliers and
manufacturers on the market, price and cost data of similar construction works
(if any) in order to choose or calculate mean prices and determine construction
prices, ensure compliance with technical standards, technical instructions,
origin, quality requirements of construction works, and market price.
International market price can be consulted to determine prices of imported
equipment and materials (if any). Where prices from information sources are not
available or not adequate, project developers may hire competent valuation
organizations to determine prices of projects and construction works in accordance
with price laws.
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1. Inspection of total
construction investment is a part of inspection of feasibility study,
economic-technical reports. Entitlement to inspect total construction
investment shall conform to regulations on inspection of feasibility study,
economic-technical reports of the Law on Construction No. 135/2025/QH15 and
Decree elaborating the Law on Construction pertaining to management of
construction activities.
2. Contents of inspection
of total construction investment of affiliated field-specific authorities or
affiliated agencies, organizations with appropriate specialty assigned by
investment-decision makers according to Clause 3 Article 26 of the Law on
Construction No. 135/2025/QH15 (hereinafter referred to as “presiding
inspection agencies affiliated to investment-decision maker”) include:
a) Adequacy and legitimacy
of documents submitted for inspection of total construction investment;
b) Inspection of
completion results of total construction investment and details received,
addressed by project developers at request of construction authorities (if
any), examination consulting entities (if any);
c) Conformity of total
construction investment relative to estimated total investment and details,
request of projects;
d) Request for project
developers to finalize, submit documents and total construction investment to
investment-decision makers for approval.
3. In respect of projects
involving FEED design, technical design under feasibility study and projects
requiring economic-technical reports, where investment-decision makers assign
project developers that are affiliated agencies, organizations specialized in
inspection, the inspection shall include:
a) Adequacy of documents
on construction investment; examination of examination results of total
construction investment of consulting organizations (if any);
b) Adequacy of
determination of primary quantity of construction work, type, and quantity of
equipment in total construction investment relative to design;
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d) Analysis and assessment
of level, causes of increase and decrease of cost entries relative to total
construction investment prepared and examined by consulting entities (if any).
4. In respect of projects
under Clause 3 of this Article, where project developers are not affiliated
agencies, organizations of investment-decision makers, project developers have
the responsibility to exercise Clause 3 of this Article and request presiding
inspection agencies affiliated to investment-decision makers to inspect in
accordance with Clause 2 of this Article.
5. Contents of inspection
of total construction investment conducted by construction authorities,
inspection council under Clause 4 Article 27 of the Law on Construction No.
135/2025/QH15 include:
a) Adequacy and legitimacy
of documents submitted to request approval for total investment; legal basis
for determining total investment;
b) Assessment of adequacy
of cost entries in total construction investment and methods for determining
cost entries in total construction investment relative to construction design
and other details, requirements of projects;
c) Request pertaining to
completion of documents and total construction investment (if any).
6. Establishment of
inspection council shall conform to Clause 3 Article 27 of the Law on
Construction No. 135/2025/QH15 and Decree elaborating the Law on Construction
pertaining to management of construction activities.
7. Expenditure on
inspection of total construction investment of public investment projects,
projects funded by recurrent state budget expenditure of construction
authorities and presiding inspection authorities affiliated to
investment-decision makers (that are regulatory authorities or public service
providers) shall be determined in accordance with regulations of the Ministry
of Finance.
Inspection costs of inspection
council shall be determined in accordance with Decree on procedures for
inspecting projects of national importance and investment supervision,
assessment.
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8. Costs for organizations
and individuals invited to participate in inspection process shall be provided
by fees and costs for inspection of feasibility study, economic-technical
reports.
Article
8. Examination of total construction investment
1. Examination of total
construction investment refers to examination, assessment of legitimacy,
adequacy of determination of construction investment conducted by qualified,
competent consulting organizations in management of construction investment
prior to inspection and includes contents under Clause 2 of this Article.
2. Contents of examination
of construction investment:
On the basis of design
dossiers prepared by consulting entities that prepare feasibility study or
economic-technical reports, consulting entities shall examine:
a) Conformity of list of
cost entries in total construction investment to regulations of the law, scale,
occupancy, and objectives of project investment;
b) Conformity of
determination of cost entries in total construction investment to type of
construction design employed and technical characteristics of projects;
c) Conformity of
calculation of primary quantity for determining construction costs, equipment
costs; conformity of use of equipment under Clause 5 Article 6 hereof for
determining equipment costs, construction prices; conformity of regulations and
policies of the Government, regulations on management of construction costs on
the date on which total construction investment is determined;
d) Determination of total
construction investment after examination; analysis of causes of increase,
decrease, and assessment of project effectiveness of projects based on total
construction investment determined after examination and inspection.
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1. Total construction
investment shall be approved at the same time as projects and decision on
project construction. Entitlement to approve projects, decision on project
investment and construction shall conform to Clause 1 Article 28 of the Law on
Construction No. 135/2025/QH15.
2. Total approved
construction investment shall be the maximum costs that it takes project developers
to execute construction investment projects.
3. Where construction
investment has been approved, project developers shall update construction
capability, information system, national database on construction activities in
database system under this Decree.
Article
10. Adjustment to total construction investment
1. Total approved
construction investment shall be adjusted in accordance with Point b Clause 5
Article 75 of the Law on Construction No. 135/2025/QH15.
2. Determination of total
adjusted construction investment under Clause 1 of this Article shall follow
principles below:
a) In respect of projects
where work under project execution stage has not been implemented according to
Decree elaborating the Law on Construction pertaining to management of
construction activities, project developers shall determine total adjusted
construction investment in accordance with project amendments, price level (if
necessary), and regulations on management of construction investment costs on
the date on which adjustment is made. In respect of work under project
preparation stage, final settlement value of contract (if any) or value of
approved estimates shall be updated in adjusted total construction investment.
b) In respect of projects
where work under project execution stage has been implemented in accordance
with Decree elaborating the Law on Construction pertaining to management of
construction activities, project developers shall determine total adjusted
construction investment in a manner compliant with the following principles:
determining adjusted value by scope, adjustment details, price level,
regulations on management of construction investment costs applicable on the
date on which adjustment is made; in respect of construction works and contract
package of projects that are not within the scope or adjustments, consolidating
approved construction estimates (if any) or final settlement value of contracts
(if any) or final settlement value of costs under compensation, assistance, and
relocation (if any) to total adjusted construction investment while ensuring
investment effectiveness of projects.
3. In respect of projects
separated into component projects, where some or all component projects have
total construction investment adjusted without changing details, objectives,
scales and without exceeding total construction investment of projects and
while ensuring investment effectiveness projects, project developers shall
arrange adjustment to total investment of component projects and shall not be
required to adjust total investment under approved feasibility study of
projects. Where total construction investment of the entire is exceeded,
investment-decision makers shall review and decide on adjustment.
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Article
11. Entitlement and approval for project preparation costs
1. Project preparation
costs are costs for executing work under project preparation stage in
accordance with Decree elaborating the Law on Construction pertaining to
management of construction activities.
2. Agencies and
organizations tasked with project preparation or project developers (if
determined) shall prepare, inspect, approve estimates for project preparation
costs under Clause 1 of this Article.
3. Estimates of project
preparation costs under Clause 1 of this Article shall be updated in total
construction investment.
Chapter
III
CONSTRUCTION
ESTIMATES
Section
1. CONSTRUCTION ESTIMATES, CONSTRUCTION CONTRACT PACKAGE ESTIMATES,
COSNTRUCTION WORK ESTIMATES, AND CONSTRUCTION CONTRACT PACKAGE PRICES
Article
12. Determination of construction estimates
1. Construction estimates
under Point a Clause 2 Article 76 of the Law on Construction No. 135/2025/QH15
shall be determined on the basis of workload calculated on the basis of
construction design implemented after approval of projects, technical
instructions, work requirements to be executed, execution plan of construction
works, construction conditions, and construction plans; consulting, using
system of construction prices, equipment prices, construction price indices
declared by competent regulatory authorities or market price, prices dictated
by manufacturers, prices provided or calculated on the basis of similar costs
of finished or ongoing construction works and regulations, guidelines
pertaining to cost determination.
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a) Direct costs include
costs for materials, personnel, construction machinery and equipment and are
determined by design quantity and corresponding construction prices under
Article 22 hereof.
Where construction design
implemented after project approval is FEED design or technical design, direct
costs shall be determined by quantity and construction prices of construction
work group, prices of components, structural units, construction work prices,
cost unit.
Where construction design
implemented after project approve is construction drawing design, direct costs
shall be determined by construction quantity and construction work prices,
construction prices of construction work group, prices of construction parts,
structural units.
Where costs of work cannot
be determined by work quantity and construction prices in accordance with the
aforementioned provision on the date on which estimates are prepared, the costs
of work can be estimated on the basis of work details, scope, and nature.
During implementation of subsequent steps, project developers shall clarify
these costs to facilitate management;
b) Indirect costs consist
of general costs, costs for certain work where quantity cannot be determined
via design. Indirect costs are determined by percentage as per the law or by
preparation of estimates;
c) Precalculated income
subject to tax shall be determined by percentage as per the law;
d) VAT shall be determined
as per the law;
dd) Costs for temporary
accommodation and construction administration shall be determined by percentage
as per the law or by preparation of estimates.
3. Costs for equipment are
determined as follows:
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b) Costs for contract manufacturing,
producing equipment (if any) shall be determined by preparation of estimates on
the basis of load, quantity of equipment to be manufactured, produced, and
corresponding unit cost for contract manufacturing, producing; based on
contract for manufacturing, production, and quotation of manufacturers,
suppliers or based on prices for manufacturing, producing similar equipment of
finished or ongoing construction works;
c) Other costs affiliated
to equipment costs according to Point c Clause 1 Article 5 hereof shall be
determined by preparation of estimates or on the basis of cost norms
promulgated by competent regulatory authorities.
4. Project management
costs shall be determined in accordance with Article 25 hereof.
5. Construction consulting
costs shall be determined in accordance with Article 26 hereof.
6. Other costs are
determined on the basis of cost norms promulgated by competent regulatory
authorities or by preparation of estimates.
7. Provisional costs
consist of provision costs for additional work quantity, workload, and
provisional costs for inflation and are determined by percentage of the sum of
all costs under Clauses 2, 3, 4, 5, and 6 of this Article. Percentage of
provisional costs for inflation shall be determined by construction period
based on project execution plans, construction price indices appropriate to
type of construction works.
8. The use of system of
construction norms, construction prices, price data of similar construction
works for determining construction estimates shall conform to Clause 5 Article
6 hereof.
Article
13. Determination of estimates of construction contract package
1. Estimates of
construction contract package specified under Point a Clause 3 Article 76 of
the Law on Construction No. 135/2025/QH15 involve the following work:
construction consulting, construction execution, provision of materials and
equipment installed to construction works, and other relevant work.
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3. In respect of estimates
of construction contract package determined by construction design implemented
after project approval, project developers shall determine estimates of
contract package on the basis of the scope of contract package and
corresponding construction design. Cost entries of contract package estimates
shall be determined in accordance with Article 12 hereof in a manner consistent
with details, scope, nature, characteristics, and specific conditions of each
contract package.
4. In respect of estimates
of construction contract package determined by work outline or tasks, project
developers shall determine estimates of contract package on the basis of
details, scope, quantity of work and corresponding costs.
Article
14. Determination of estimates of construction work
1. Estimates of
construction work are costs estimated for work execution in total construction
investment of projects where construction norms or guidelines on determining
via estimates have not been promulgated.
2. Estimates of
construction work shall be determined on the basis of task outline, details, scope,
nature, characteristics of work, costs for executing work, taxes, fees (if
any).
Article
15. Prices of construction contract package
1. Prices of construction
contract package are value of construction contract package approved in
contract selection plans and used as the basis for contract selection. Prices
of construction contract package are all necessary costs for execution of
necessary contract package, including provisional costs, fees, charge, and tax.
2. Prices of construction
contracts shall be updated in accordance with bidding laws.
Section
2. MANAGEMENT OF CONSTRUCTION ESTIMATES
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1. Construction estimates
prepared by project developers shall be inspected at the same time as
inspection of construction design implemented after project approval in
accordance with Decree elaborating the Law on Construction pertaining to
management of construction activities.
2. Entitlement to inspect
estimates of construction under public investment projects shall conform to the
Law on Construction No. 135/2025/QH15 and Decree elaborating the Law on
Construction pertaining to management of construction activities; or conform to
PPP investment laws in respect of construction works under PPP projects.
3. Inspection of estimates
of construction of project developers under Point dd Clause 1 Article 30 of the
Law on Construction No. 135/2025/QH15 involves:
a) Adequacy of
construction estimate dossiers; examination results of construction estimates
of consulting organizations (if any);
b) Conformity of
determination of primary quantity of construction work, type, quantity of
equipment in construction estimates to design quantity;
c) Determination of
construction estimates in accordance with total construction estimates,
construction design, standards, regulations, technical instructions, guiding
construction solutions, technology used in projects, construction schedule, and
market price level;
d) Analysis, assessment of
level, causes for increase, decrease of cost entries relative to construction
estimates prepared, inspected by consulting entities (if any).
4. Inspection of
construction estimates of construction authorities in respect of construction
works affiliated to sub-projects or work items funded by public investment
under PPP project involves:
a) Adequacy, legitimacy of
documents submitted for inspection of construction estimates; legal basis for
determining construction estimates;
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c) Conformity of
application of regulations of the law pertaining to management of construction
investment; assessment, remarks pertaining to consulting, using instrument
system for determining construction estimates;
d) Requirements pertaining
to completion of documents and construction estimates (if any).
5. Inspection of contract
package estimates under Clause 3 Article 13 hereof shall be carried out in the same
manner in which inspection of construction estimates under Clause 3 and Clause
4 of this Article is conducted.
6. Project developers
shall inspect construction estimates under Article 14 hereof, contract package
estimates under Clause 4 Article 13 hereof in accordance with task outline,
scope, nature, characteristics of work.
7. Project developers
shall inspect estimates of costs for preparation work for preparing
construction design implemented after project approval and all general costs of
the entire projects. Where estimates of these costs have been approved in total
construction investment, project developers shall review and decide on
re-verification if necessary.
8. Examination of
construction estimates shall be decided by project developers on the basis of
characteristics, nature, and necessity of construction estimates. Inspection
details may include some or all activities under Clause 3 of this Article.
9. Costs for organizations
and individuals engaged in inspection shall be provided by costs, expenditure
on inspection of construction estimates.
10. The Ministry of
Construction shall prescribe costs for inspecting, examining construction
estimates. The Ministry of Finance shall prescribe costs for inspecting
construction estimates.
11. In respect of projects
using FEED design, technical design under feasibility study and where EPC, EC,
EP, construction contractors have been selected, inspection of construction
estimates shall be required during execution following project approval.
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1. Entitlement to approve
construction estimates and design simultaneously shall conform to Decree
elaborating the Law on Construction pertaining to management of construction
activities, except for cases under Clause 11 Article 16 hereof.
2. Where construction
investment estimates have been approved, project developers shall update
construction capability, information system, national database on construction
activities in database system under this Decree.
3. Project developers
shall approve contract package estimates in accordance with Article 13 hereof
in order to replace contract package prices in contractor selection plans in
accordance with bidding laws.
4. Project developers shall
approve cost estimates for preparing for construction design implemented after
project approval and all general costs of the entire projects.
Article
18. Adjustment to construction estimates
1. Approved construction
estimates shall be amended if adjustment to projects, total investment,
construction design are made in accordance with Clause 7 Article 76 of the Law
on Construction No. 135/2025/QH15 and if adjustment to structure of
construction estimate costs are made without changing objectives, scale, and
without exceeding total construction investment of projects. Amendment to
approved construction estimates shall be carried out as follows:
a) In respect of
construction works and contract package before the bid opening date, project
developers shall determine amended construction estimates in accordance with
amendments, price level, and regulations applicable on the date on which
adjustments are made;
b) In respect of
construction works and contract package of which contracts have been signed,
project developers shall determine amended construction estimates on the basis
of contents of construction contracts in a manner compliant with construction
contract laws; regulations on management of construction costs applicable on
the date on which adjustments are made in order to determine adjusted
construction estimates in accordance with amendments while ensuring
effectiveness, objectives, schedule of projects.
2. Project developers
shall arrange inspection, approval for amended construction estimates in
accordance with Clause 2 Article 31 of the Law on Construction No.
135/2025/QH15 and Decree elaborating the Law on Construction pertaining to
management of construction activities.
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CONSTRUCTION
NORMS, CONSTRUCTION PRICES, PRICES OF COST FACTORS DIRECTLY CONSTITUTING
CONSTRUCTION WORK PRICES AND CONSTRUCTION PRICE INDICES
Section
1. CONSTRUCTION NORMS
Article
19. Construction norm system
1. Construction norm
system consists of economic-technical norms and cost norms. Economic-technical norms
consist of base norms and estimated norms.
2. Base norms consist of
material norms, production norms, construction machinery and equipment capacity
norms, shall be determined in a manner compliant with technical requirements,
construction standards, regulations, and shall be used for determining or
adjusting estimate norms.
3. Estimated norms:
a) Estimated norms are
necessary depreciation of materials, personnel, construction machinery and
equipment, determined in a manner compliant with technical requirements,
construction conditions, and construction solutions to form a unit of
construction work;
b) Estimated norms shall
be adopted, consulted in order to determine construction prices, prepare and
manage construction investment.
4. Cost norms consist of:
norms calculated in percentage and norms calculated in value. Cost norms are
the basis for determining construction prices, cost estimates of certain types
work, costs in construction investment such as indirect costs, precalculated
income subject to tax, project management costs, construction consulting costs,
and other cost entries.
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6. Norm estimates of
construction works are applicable to large-scale and complex engineering
construction works, construction works utilizing new technology not popular in
Vietnam; construction work that employs new construction technology, new
construction materials that are not stipulated in norm system under Clause 3 of
this Article.
Article
20. Management and use of construction norms
1. In respect of
construction norm system:
a) The Ministry of
Construction shall arrange development and promulgation of construction norms
for general use on a nationwide scale;
b) Governing ministries of
specialized construction works shall arrange development and promulgation of
calculated norms for construction work within their powers that are not
stipulated in norm system promulgated by the Ministry of Construction;
c) Provincial People’s
Committees shall arrange development and promulgation of calculated norms for
construction work in their administrative divisions where the Ministry of
Construction or governing ministries of specialized construction works have not
promulgated.
2. Construction norm
developed and promulgated by competent regulatory authorities under Clause 1 of
this Article shall be periodically reviewed and updated.
3. The Ministry of
Construction has the responsibility to arrange, expedite, review, update
construction norm system and promulgate regulations, guidelines on review and
update of construction norms.
4. Governing ministries of
specialized construction works and provincial People’s Committees shall review,
update, and promulgate calculated norms under Point b and Point c Clause 1 of
this Article as follows:
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b) Assign affiliated
construction authorities to review or hire organizations and individuals with
professional qualifications or experience to review promulgated norms,
determine new norms, and request competent authorities to promulgate as per the
law;
c) Decide on promulgation
of norms, update promulgated norms onto database system under Decree on
construction activity qualifications, information system, national database on
construction activities, and report to the Ministry of Construction.
5. In respect of estimated
construction norms:
a) In the process of
preparing total construction investment and construction estimates, project
developers, organizations, and individuals preparing estimates may adopt,
utilize, adjust calculated norms on the basis of norm system promulgated by
competent authorities or on the basis of expected construction technology,
construction solutions, construction conditions, arrange construction and
determination of norms;
b) In the process of
executing construction, project developers of public investment projects shall
review, collect, determine estimated construction norms for construction work
of which norms are not available or not consistent with construction practice
in accordance with norm determination methods guided by the Ministry of
Construction; send to the Ministry of Construction and norm promulgating
agencies for review, consideration, and decision on update of construction norm
system;
c) Project developers
shall review, collect data, determine estimated construction norms at request
of competent regulatory authorities entitled to promulgate construction norms
in respect of construction work involving new construction technology, new
construction materials in order to review, update construction norm system;
d) In respect of projects
involving large-scale and complex engineering construction works or utilizing
new technology not popular in Vietnam, where foreign norms are used to stay in
line with standards, technology applicable to projects, project developers
shall collect, translate foreign norms, hire consulting organizations with
qualifications and experience to analyze, assess, determine, identify lists,
details applicable to projects to enable project developers to use as the basis
for determining construction investment costs of projects; consolidate and
report to investment-decision makers for monitoring and management. In the
process of construction execution, project developers shall survey, collect
data to inspect used norms; send results to the Ministry of Construction,
governing ministries of specialized construction works in respect of estimated
norms in their jurisdiction and provincial People’s Committees if they are
entitled to make investment decision in service of review and update of construction
norm system.
Article
21. Expenditure on reviewing, updating, developing , and adjusting construction
norms
1. Expenditure on
reviewing, updating construction norm implemented by the Ministry of
Construction and governing ministries of specialized construction works and
provincial People's Committees includes: expenditure on planning, arranging
review; surveying, determining, inspecting; updating new norms, adjusted norms.
Such expenditure is allocated from annual budget.
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Section
2. CONSTRUCTION PRICES, PRICES OF COST FACTORS DIRECTLY CONSTITUTING CONSTRUCTION
WORK PRICES, AND CONSTRUCTION PRICE INDICES
Article
22. Construction prices, prices of cost factors directly constituting
construction work prices
1. Construction prices
consist of construction work prices, construction work group prices, cost rate,
construction investment rate:
a) Construction work
prices shall be determined for construction work on the basis of calculated
estimates of construction work, prices of cost factors directly constituting
construction work prices under Clause 2 of this Article and other necessary
cost factors or determined on the basis of quotation of construction entities,
suppliers or similar prices of finished or ongoing construction works;
b) Construction work group
prices shall be determined on the basis of consolidation of prices of
construction work;
c) Prices of construction
parts, structural units hall be determined on the basis of quotation of
manufacturers, suppliers, or prices published by competent regulatory
authorities or construction work group prices or similar prices of finished or
ongoing construction works;
d) Cost rate refers to
costs per unit of area, volume, length, production, service capacity by design
in order to determine costs for a technical system, technology sequence, work
items or construction costs, equipment costs of construction works. Cost rates
are determined on the basis of consolidating corresponding costs of projects,
construction works, work items, contract package that have been completed or
are being implemented and other relevant data (if any), analysis, assessment,
processing data pertaining to the same price level, scale, and technical
conditions;
dd) Construction
investment rate refers to costs necessary for a unit of area, volume, length,
production, or service capacity of projects and construction works by design.
Investment rates are determined on the basis of consolidating corresponding
costs of projects, construction works, work items, contract package that have
been completed or are being implemented and other relevant data (if any),
analysis, assessment, processing data pertaining to the same price level,
scale, and technical conditions.
2. Prices of cost factors
directly constituting construction prices consist of prices of construction
materials, prices of construction personnel, prices of construction machinery
and equipment shift.
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1. Construction price
indices are parameters reflecting changes of construction prices over time,
serve as the basis for determining, adjusting estimated total construction
investment, total construction investment, construction estimates, construction
contract package prices, construction contract prices, and prices for
management of construction investment.
2. Construction price
indices consist of construction price indices by type of construction works,
cost structures (price indices of construction part, price indices of equipment
part, price indices of other cost parts), cost factors (including construction
material price indices, construction personnel price indices, construction
machinery and equipment price indices), and price indices of primary materials.
3. Development and
declaration of construction price indices shall be carried out as follows:
a) The Ministry of
Construction shall provide guidelines on determining construction price
indices; determine and declare national construction price indices on an annual
basis;
b) Departments of
Construction shall arrange determination of construction price indices in
provinces on the basis of methods guided by the Ministry of Construction
(consisting of price indices under Clause 2 of this Article) to enable
provincial People’s Committees to declare or authorize Departments of
Construction to declare and send to the Ministry of Construction for monitoring
and management.
4. Depending on the type
of contracts, details, characteristics of contract work, project developers
shall consider and decide on the use of construction price indices declared by
the Ministry of Construction, provincial People’s Committees (if applicable) or
arrange determination of construction price indices using methods guided by the
Ministry of Construction to adjust construction contract prices. Project
developers may hire consulting organizations with adequate qualifications and
experience to calculate, determine construction price indices.
5. Expenditure on
collecting data, determining, declaring construction price indices under Clause
3 of this Article shall be allocated from annual budget. Expenditure on
determining construction price indices under Clause 4 of this Article shall be
included in construction investment of projects.
Article
24. Management of construction prices, prices of cost factors directly
constituting construction work prices, and construction price indices
1. The Ministry of
Construction shall provide guidelines on methods for determining construction
investment rates, prices of construction parts, prices of structural units;
surveying, collecting information on construction material prices; determining
personnel prices by construction work group; determining construction machinery
and equipment shift prices.
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2. Governing ministries of
specialized construction works shall declare construction investment rate, cost
rates, prices of parts or structural units of specialized construction works that
have not been promulgated by the Ministry of Construction or are not
appropriate.
3. Provincial People’s
Committee shall declare construction investment rate, prices of parts,
structural units in local administrative divisions if the Ministry of Construction
has not promulgated or promulgated construction investment rate, prices of
parts, structural units in administration are not appropriate.
Delegate Departments of
Construction to declare information pertaining to prices of cost factors
directly constituting construction work prices in provinces and construction
price indices as follows:
a) Information on
construction materials is collected, consolidated on a monthly basis, and
declared on a monthly or quarterly basis;
b) Prices of construction
personnel, prices of construction machinery and equipment (including rent for
construction equipment and machinery if any) are surveyed, collected,
consolidated, and declared on an annual basis or sooner if necessary;
c) Construction price
indices in provinces consisting of construction price indices under Clause 2
Article 23 hereof are determined on a monthly, quarterly, annual basis and
declared on a quarterly basis or sooner when necessary;
d) In respect of
construction materials that change irregularly, prices of construction
materials and construction price indices must be declared on a monthly basis;
dd) Departments of
Construction may hire consulting organizations with adequate qualifications and
experience to undertake tasks under Points a, b, and c of this Clause to
declare, determine construction investment rate, prices of construction parts,
structural units at local administrative divisions and request provincial
People's Committees to declare.
4. Surveying, collection
of information on prices of construction materials in administrative divisions
must be objective, promptly serving declaration as per the law. Declared prices
of construction materials are average monthly prices of each type of material
depending on brand, manufacturer on the basis of prices from entities that
provide information on market prices of construction materials.
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In respect of projects
where figureheads of ministries, central authorities make investment decision,
board of construction unit price consists of representatives of governing
ministries of specialized construction works, relevant ministries, central
departments, and local governments, project developers, consulting
organizations, and experts. In respect of projects where Chairpersons of
provincial People's Committees make investment decisions, board of construction
unit price consists of representatives of departments, relevant agencies,
project developers, consulting organizations, and experts. Operating costs of
board of construction unit price shall be determined by estimates and included
in total construction investment of projects.
6. Expenditure on
exercising tasks under Clauses 1, 2, and 3 of this Article shall be allocated from
annual budget.
Chapter
V
PROJECT
MANAGEMENT AND CONSTRUCTION CONSULTING COSTS
Article
25. Project management costs
1. Project management
costs are costs necessary for arranging management of execution and execution
of project management work from project preparation, project execution, and
construction conclusion according to regulations on investment procedures under
Decree elaborating the Law on Construction pertaining to management of
construction activities. Project management costs are the maximum costs for
project management appropriate to approved time, scope of work of projects,
determined on the basis of percentage as per the law or by preparing estimates
appropriate to project management methods, project execution time, scale,
characteristics of project management work. Project management costs are
managed on the basis of annual estimates consistent with project management
tasks, work, relevant policies and regulations. Project management costs shall
be adjusted in case of changes to scope of project management work, project
schedule, project contents.
2. Entries of project
management costs include salaries of project management cadres; salaries paid
to contract employees; salary-based bonuses; group benefits; contribution
(social insurance; health insurance; unemployment insurance; union fees, other
payables according to regulations of the law applicable to individuals
receiving salaries from projects); application of science technology, training
for improvement of project management cadres; payment for public services;
stationery supplies; information, communication, propaganda; organization of
conferences related to projects; working fees; hiring, borrowing, repairing,
procuring assets in service of project management; other costs and provisional
costs.
3. Where project
management consulting service is hired, project management consulting costs
shall be determined by preparation of estimates based on contents and quantity
of project management work agreed upon in contract for project management
consulting service by project developers and consulting organizations.
4. In case of EPC
contracts where contractors undertake certain project management work within
responsibility of project developers, contractors shall be eligible for parts
of project management costs corresponding to scope, quantity of project
management work delegated to them by project developers and agreed upon in
contract.
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Article
26. Construction consulting costs
1. Construction consulting
costs are necessary costs for construction investment consulting work from
project preparation, project execution, and project conclusion according to
project investment procedures under Decree elaborating the Law on Construction
pertaining to management of construction activities. Construction consulting
costs shall be determined as a percentage as per the law or via preparation of
estimates on the basis of scope of consulting work, workload to be completed,
implementation plans of contract package, regulations and policies of the
government; or estimation according to Point h Clause 2 Article 6 hereof.
2. Costs for construction
investment consulting work includes costs for consulting personnel (salaries,
salary-based bonuses; group benefits; social insurance; health insurance;
unemployment insurance; union fees, other payables according to regulations of
the law applicable to individuals undertaking consulting work in projects);
costs for application of science technology, management of construction
information system; costs for payment of public services, stationery supplies,
information, communication; costs for hiring, repairing, procuring assets in
service of project consulting (if any); management costs of consulting
organizations; other costs; precalculated income subject to tax; VAT and
provisional costs.
3. Approved construction
consulting costs are the maximum costs for construction investment consulting
work and shall only be adjusted in case of changes to scope of work,
conditions, and schedule of construction investment consulting work.
Construction consulting costs shall be managed via construction consulting
contracts.
4. Where project
developers or construction investment management board guarantee completion of
project management tasks and meet professional qualification, experience
requirements to undertake construction consulting work, costs for this
consulting work can be included in project management costs.
5. Costs for hiring
foreign consulting services for certain types of consulting work shall conform
to Article 27 hereof.
Article
27. Costs for hiring foreign consulting services
1. Costs for hiring
foreign consulting services shall be determined in a manner consistent with the
type of consulting work, details of consulting work on the basis of number of
experts, qualifications of consulting experts, working hour of experts,
salaries of experts to be hired, and other necessary costs for completion of
consulting work.
2. Costs for hiring foreign
consulting services shall be determined by estimates or database on costs for
hiring foreign consulting services of similar construction works and projects
in Vietnam. Estimates of costs for hiring foreign consulting services are all
expected necessary costs for completing construction consulting services and
include: expert costs, management costs, other relevant costs, precalculated
income subject to tax, provisional costs, taxes payable as per the law.
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4. The Ministry of
Construction shall provide detail guidelines pertaining to estimates of costs
for hiring foreign consulting services under Clause 2 of this Article.
Chapter
VI
RIGHTS,
OBLIGATIONS, AND RESPONSIBILITIES OF SUBJECTS IN MANAGEMENT OF CONSTRUCTON
INVESTMENT
Article
28. Rights and responsibilities of investment-decision makers
1. Exercise regulations on
rights and responsibilities of investment-decision makers under Article 39 of
the Law on Construction No. 135/2025/QH15 and other relevant law provisions.
2. Decide on establishment
of board of cost unit for public investment projects, projects of national
importance, projects involving large-scale and complex engineering construction
works, projects utilizing new technology not popular in Vietnam.
3. Arrange inspection of
compliance with regulations of the law pertaining to management of construction
investment of project developers in respect of projects where they are entitled
to make investment decision. Examination shall be carried out on the basis of
reports of project developers or plans in projects, construction works.
Article
29. Rights, obligations, and responsibilities of project developers
1. Exercise regulations
pertaining to right, obligations, and responsibilities of project developers under
Article 40 of the Law on Construction No. 135/2025/QH15, entitlement under this
Decree and other relevant law provisions.
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3. Project developers have
the responsibility to examine, review, and inspect calculation, determination
of cost items in total construction investment, ensure adequacy of basis for
calculation of construction quantity, construction prices, compliance with
design, technical standards, technology requirements (if any) and shall be held
accountable for accuracy of data and quality of investment effectiveness
assessment of projects before requesting field-specific authorities to inspect
in accordance with Article 26 and Article 27 of the Law on Construction No.
135/2025/QH15; receive, address, and finalize total construction investment of
projects in accordance with remarks of inspecting agencies before request
investment-decision makers to approve.
4. Project developers may
consult, utilize, adjust systems of construction prices, construction norms,
prices of cost factors directly constituting construction work prices,
construction price indices under Clause 1 Article 20, Clause 3 Article 23,
Clause 3 Article 24 hereof and sources of information and database on
information system, national database on construction activities, quotation of
suppliers, producers on the market, data on similar construction works in order
to determine and manage construction investment.
5. Decide on application
of information technology, digital transformation, and building information
model in order to determine and manage construction investment costs, improve
effectiveness of management of construction investment.
6. Arrange collection,
surveying, determination of estimated norms of construction works in accordance
with Points b and c Clause 5 Article 20 hereof.
7. Closely manage and use
funding sources for projects, for the right objectives, at the right scale, in
a manner consistent with design, progress, quality and highly effective for
projects. Manage the use of construction investment, the use of provisional
cost of projects in an effective manner, in order to ensure that project
management does not exceed total construction investment as per the law in
respect of public investment projects, does not exceed total investment, state
capital determined under contract in respect of PPP projects (except for cases
where amendment to investment guidelines, amendment project is permitted
according to public investment laws, PPP investment laws).
8. Exercise construction
investment consulting work if they meet qualification requirements as per the
law.
9. Monitor, consolidate,
and assess management of construction investment costs of projects and file
reports to investment-decision makers when requested.
10. Provide project
information and data at request of regulatory authorities; cooperate or arrange
collection of cost management information at request of regulatory authorities.
11. Incur advance payments,
payments, final settlement of contracts and manage contract execution in
accordance with contracts signed with contractors.
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Article
30. Rights, obligations, and responsibilities of consulting contractors in
charge of determining, inspecting construction investment costs
1. Consulting contractors
in charge of determining, inspecting construction investment costs shall
exercise rights, obligations, responsibilities under Article 35 and Article 36
of the Law on Construction No. 135/2025/QH15, and entitlement under this Decree
and other relevant law provisions.
2. Request project
developers to provide information and documents related to consulting tasks.
3. Assume total
responsibility for: contents, quality, progress of consulting work that they
undertake; methods for calculating cost items of construction investment and
construction workload; accuracy, basis of quotation, price data, construction
norms used for determining construction prices, construction investment costs;
results of determination, inspection of construction investment costs, accuracy
of data, and quality of investment effectiveness assessment of projects.
Provide information and data pertaining to cost management of projects at
request of regulatory authorities and project developers.
4. Use information
technology, digital transformation, building information model to determine
construction investment costs.
5. Compensate for damage
to project developers that is a result of failure to comply with regulations on
management of construction investment costs and contract violation.
Article
31. Rights, obligations, and responsibilities of construction contractors
1. Construction
contractors shall exercise rights, obligations, and responsibilities under
Article 61 of the Law on Construction No. 135/2025/QH15, other rights and
obligations under construction contracts and relevant law provisions.
2. Decide on estimated
norms construction prices, and other relevant costs when determining bid price
for bidding purposes.
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4. Cooperate with project
developers in arranging survey to determine construction norms during
construction process (if any).
5. Provide information and
data of project at request of regulatory authorities; cooperate or arrange
collection of information and data relating to construction investment laws at
request of regulatory authorities.
6. Compensate for damage
to project developers that is a result of failure to comply with regulations on
management of construction investment costs and contract violation.
Chapter
VII
GOVERNANCE
OF CONSTRUCTION INVESTMENT COSTS
Article
32. The Ministry of Construction
1. Be responsible to the
Government for performing joint governance of construction investment costs.
2. Provide guidelines
pertaining to details, methods for determining, managing construction
investment costs, including: estimated total construction investment, total
construction investment, construction estimates, construction norms,
construction prices, prices of cost factors constituting construction work
prices, construction price indices, project management costs, construction
consulting costs, and other costs.
3. Promulgate construction
norms; declare construction investment rate, rate of costs, prices of parts,
structural units of construction works, national construction price indices,
depreciation norms, and basic data for calculation of machine shift costs and
guidelines on determining quantity of construction works. Arrange frequent
review and consolidate review results for adjustment, addition of norms and
promulgate as per the law. Arrange update of promulgated instrument system onto
database system according to Decree on eligibility for construction activities,
information system, national database on construction activities.
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5. Allocate annual
expenditure budget for exercising tasks under Clauses 2, 3, and 4 of this
Article.
Article
33. The Ministry of Finance
The Ministry of Finance
shall prescribe revenue and expenditure of project developers, management
boards of construction investment projects utilizing state budget.
Article
34. Governing ministries of specialized construction works
1. On the basis of methods
for preparing estimated construction norm, investment rate, rate of costs,
prices of parts, structural units, construction machinery and equipment shift
costs guided by the Ministry of Construction, arrange development and
promulgation of estimated construction norms for construction work within their
jurisdiction if they are not regulated by norm system promulgated by the
Ministry of Construction; declare investment rate, rate of costs, prices of
parts, structural units of specialized construction, norms of depreciation, and
basic data for calculating machine shift costs of machine types and specialized
equipment.
2. Regularly review
construction norm system that they promulgate and promulgate after finishing
review as per the law, send new construction norms, adjusted norms to the
Ministry of Construction for monitoring and management as per the law.
3. Arrange update of
promulgated instrument system onto database system according to Decree on
eligibility for construction activities, information system, national database
on construction activities.
4. The Ministry of
National Defense shall prescribe methods for determining cost estimates for
clearing mines and explosive ordnances.
5. The Ministry of
National Defense and the Ministry of Public Security shall develop, promulgate
estimated norms, construction prices that competent authorities have not
promulgated or declared or are not consistent with characteristics of national
defense and security construction works.
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7. Allocate annual
expenditure budget for exercising tasks under Clauses 1, 2, 3, and 6 of this
Article.
Article
35. Provincial People’s Committees
1. Guide, examine
execution of governance tasks pertaining to construction investment costs
within their management scope and powers.
2. On the basis of methods
for preparing construction norms guided by the Ministry of Construction,
arrange development, review, and promulgation of estimates for construction work
in local administrative divisions that have not been promulgated by the
Ministry of Construction or governing ministries of specialized constructions
and send to the Ministry of Construction and governing ministries of
specialized construction for monitoring and management as per the law.
3. Promulgate regulations
on cooperation and responsibilities, penalties for relevant agencies,
organizations, and individuals in surveying, collecting information on prices of
cost factors directly constituting prices of construction work in
administrative divisions, ensure timely, objective price declaration
appropriate to market fluctuation; examine, supervise price declaration and
public posting, compliance with price laws, openness and transparency.
On the basis of methods
for determining investment rate, rate of costs, prices for parts and structural
units, prices of cost factors constituting construction work prices,
construction price indices guided by the Ministry of Construction, arrange
determination and declaration of construction investment rate, prices of
construction parts and structural units in local administrative divisions;
promptly declare information on prices of construction material types, prices
of construction personnel, prices of construction machinery and equipment
shift, rent of construction machinery and equipment; depreciation norms , and
basic data for calculating shift prices of machinery and equipment which have
not been promulgated by the Ministry of Construction or governing ministries of
construction works and construction price indices.
4. Arrange update of
promulgated instrument system onto database system according to Decree on
eligibility for construction activities, information system, national database
on construction activities.
5. Allocate annual
expenditure budget for exercising tasks under Clauses 1, 2, and 3 of this
Article.
Chapter
VIII
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Article
36. Transition clauses
1. In respect of
construction investment projects approved before July 1, 2026, total
construction investment shall not be required to be approved again; subsequent
management of construction investment that has not been implemented shall
conform to this Decree except for cases under Clause 2 of this Article.
2. In respect of
construction norms approved before July 1, 2026, the construction norms shall
not be required to be approved again; subsequent management of construction
investment costs that have not been implemented shall conform to this Decree.
3. In respect of total
construction investment submitted to construction authorities for inspection
where notice of inspection results has not been produced by July 1, 2026,
construction authorities shall inspect in accordance with this Decree. Project developers
shall consolidate inspection remarks of construction authorities, update total
construction investment in accordance with this Decree, and request
investment-decision makers to inspect and approve as per the law.
4. Where total
construction investment has been inspected by construction authorities and
submitted to investment-decision makers for inspection and approval and where
projects have not been approved by July 1, 2026, project developers shall
update total construction investment in accordance with this Decree, request
investment-decision makers to arrange inspection and approval as per the law;
construction authorities shall not be required to repeat inspection.
5. In respect of
construction estimates that have been submitted to construction authorities for
inspection where notice of inspection results has not been produced by July 1,
2026, construction authorities shall suspend inspection process and request
project developers in writing to reclaim documents submitted for inspection; project
developers shall arrange inspection, approval of construction works in
accordance with this Decree. Where notice of inspection results has been
produced, project developers shall consolidate inspection remarks of
construction authorities, arrange update of construction estimates, conduct
inspection and approval in accordance with this Decree.
6. Contract package of
which contracts have been signed shall conform to signed contracts and
regulations on construction contracts. PPP projects where project contracts
have been signed shall conform to PPP project contracts and regulations on PPP
investment.
7. System of construction
norms, construction prices, construction personnel prices, shift prices of
construction machinery and equipment promulgated and declared before July 1,
2026 shall remain applicable and available to be consulted for the purpose of
determining construction investment costs until they are reviewed, updated,
promulgated, and brought into effect by governing ministries of specialized construction
works, and provincial People’s Committees.
Article
37. Organizing implementation
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2. The Ministry of
Construction shall take charge, cooperate with relevant ministries and central
departments in guiding and arranging implementation of this Decree.
Article
38. Entry into force
1. This Decree comes into
force from July 01, 2026.
2. Provisions under Clause
2 Article 1 hereof shall conform to Decree elaborating construction contracts,
Decree prescribing final settlement of project investment, regulations on state
budget, public investment, PPP investment, and other relevant law provisions.
3. Decree No.
10/2021/ND-CP dated February 9, 2021 of the Government expires from the
effective date hereof.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Gia Tuc
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