GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
10/2021/ND-CP
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Hanoi,
February 9, 2021
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DECREE
MANAGEMENT OF CONSTRUCTION INVESTMENT COST
Pursuant to Law on Governmental
Organization dated June 19, 2015; Law on amendments to Law on Government
Organization and Law on Local Governmental Organization dated November 22,
2019;
Pursuant to Law on Construction
dated June 18, 2014; Law on amendments to Law on Construction dated June 17,
2020;
Pursuant to Law on Investment
dated June 17, 2020;
Pursuant to Law on Public
Investment dated June 13, 2019;
Pursuant to Law on Investment in
Public-Private Partnerships dated June 18, 2020;
Pursuant to Law on Bidding dated
November 26, 2013;
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The Government promulgates
Decree on management of construction investment cost.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
1. This Decree
prescribes management of construction investment cost for projects utilizing
public investment funding, non-public investment state capital, investment
projects in public-private partnerships (hereinafter referred to as “PPP
projects”), including: preliminary total investment, total investment,
construction estimates, construction contract package values, construction
norms, construction prices, project management and construction consultancy
cost; payment for and finalization of construction contracts; reimbursement and
statement of construction costs; rights, obligations and responsibilities of
investment deciders, investors, building contractors, advisory contracts for
advisory contractors for management of construction investment cost.
2. Management
of construction investment cost for projects utilizing official development
assistance (ODA), concessional loans of foreign donors complying with
international agreements; agreements on ODA loans, concessional loans entered
into effect; this Decree and regulations on management and use of ODA loans and
concessional loans of foreign donors.
Article 2.
Regulated entities
1. This Decree
applies to agencies, organizations and individuals involved in management of
construction investment cost for projects utilizing public investment funding,
non-public investment state capital and PPP projects.
2. Other
organizations and individuals shall refer to this Decree for management of
construction investment cost for projects other than those under Clause 1 of
this Article.
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1. Management
of construction investment cost must comply with Article 132 of Law on
Construction and Clause 50 Article 1 of Law on amendments to Law on
Construction, and conform to each type of funding source, investment form,
implementation method, project execution plans and relevant law provisions.
2. Specify and
exercise rights and responsibilities of regulatory agencies, individuals
deciding to invest, and agencies specialized in agencies; rights and
obligations of investors, organizations and individuals related to management
of construction investment cost satisfactory to construction investment
procedures under Clause 1 Article 50 of Law on Construction.
3. The
Government shall regulate, provide guidelines and inspect implementation of
regulations and law on management of construction investment cost; regulate
affairs necessary to enable investors and relevant entities to adopt and refer
to during management of construction investment cost, including: construction
norms, construction prices, construction investment rates, output price
indices; construction material costs, construction machinery and equipment cost
per shift, construction personnel unit price; information and data on
construction costs of projects and constructions; methods of determining,
managing construction investment cost, construction quantity takeoff, and
controlling construction cost, norms, prices, investment rate and output price
indices.
4. Specific
projects and constructions shall comply with Decree on elaborating to
management of construction investment and specific mechanisms prescribed by
Government, decisions of Prime Minister to determine and manage construction
investment cost.
5. For
projects and constructions serving national defense and security, entitlement,
procedures for appraising total investment cost in construction investment
feasibility reports, construction investment economic-technical reports, and
entitlement, procedures for approving and appraising construction estimates in
construction design implemented after fundamental design shall conform to
regulations of Minister of National Defense and Minister of Public Security.
6. Projects
and constructions under national target programs shall adopt principles and
methods of determining construction investment costs under this Decree and
relevant law provisions satisfactory to characteristics and conditions of
construction under national target programs.
7. Management
of construction investment cost of overseas projects and constructions shall
conform to principles under Decree elaborating to management of construction
investment cost.
Chapter II
PRELIMINARY TOTAL INVESTMENT, TOTAL CONSTRUCTION
INVESTMENT
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1. Preliminary
total investment refers to estimated investment capital of projects in
construction investment pre-feasibility reports. Preliminary total investment
includes: compensation, assistance and relocation costs (if any); construction
cost; equipment cost; project management cost; construction investment and
consultancy cost; other costs; backup costs.
2. Preliminary
total investment is estimated on the basis of scale, capacity or capability
according to preliminary design of projects and construction investment rates
or data on costs of similar projects in terms of construction type, grade,
scale, capacity or capability, characteristics of implemented projects with
analysis and assessment to adjust shift in market price depending on building
site and including other necessary costs of projects.
3. Appraisal and
approval of total construction investment shall be performed simultaneously
with appraisal and approval of construction investment pre-feasibility reports
according to regulations and law on public investment, investment form of
public-private partnership, management and use of state capital in
manufacturing and business in enterprises and other relevant law provisions.
Article 5.
Total construction investment
1. Total
construction investment refers to total construction investment of projects
identified and satisfactory to fundamental design and other details under
construction investment feasibility reports.
2. Total
investment includes: compensation, assistance and relocation costs (if any);
construction cost; equipment cost; project management cost; construction
investment and consultancy cost; other costs; backup costs and is prescribed as
follows:
a) Compensation, assistance and
relocation costs include: compensation costs for land, houses, constructions on
land, assets attached to land, assets on water and other compensation costs as
per the law; assistance costs when the government performs land appropriation;
relocation costs; costs for organizing compensation, assistance and relocation;
land use and rental costs during construction period (if any); costs for
repositioning and repaying technical infrastructure invested for construction
serving land clearance (if any) and other relevant costs;
b) Construction costs include:
construction costs for constructions and work items of projects; temporary
and/or auxiliary constructions and work items serving construction progress;
deconstruction cost for constructions beyond deconstruction scope serving land
clearance affairs identified under compensation, assistance and relocation
costs;
c) Equipment costs include: cost
for purchasing construction and technology equipment; administrative cost for
equipment purchase (if any); cost for purchasing copyrights of software serving
construction and technology equipment (if any); training and technology transfer
costs (if any); costs for processing, manufacturing equipment to be processed
(if any); cost for installing, experimenting, calibrating; cost for conducting
test operation of equipment based on technical requirements (if any);
transportation costs; insurance; tax and fees; other relevant costs;
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dd) Construction investment
consultancy costs refer to costs necessary to perform construction investment
consultancy affairs from project preparation, project execution to conclusion
of construction, bringing project constructions into operation and settlement
of construction investment capital and are elaborated under Article 31 of this
Decree;
e) Other costs include costs
necessary to execute construction investment projects, include: costs for
clearing and disarming mines, explosive ordnances; costs for moving specific
construction machinery and devices to and from construction sites; costs for
guaranteeing traffic safety during construction period; costs for returning
technical infrastructure damaged by construction period to its original state;
costs for material storage; costs for constructing sheltering structures for
machine, machine foundation, electrical and compressed air supply systems,
on-site water supply systems, installing and/or dismantling machines;
construction insurance costs during construction period; costs for registering
international standards and monitoring construction deformation processes; costs
for accounting, inspection and approval of investment capital settlement; costs
for examining acceptance inspection during construction period and at
completion of constructions and work items performed by agencies specialized in
construction or councils established by Prime Minister; conducting scientific
and technology research, applying and utilizing new materials related to
projects; initial working capital for construction investment for business
purposes, loan interests during construction period; costs for conducting
unloaded and loaded test operation for technology and manufacturing lines
before transfer (other than salvageable product value); costs for appraising
construction investment feasibility reports, construction investment
economic-technical reports; resource taxes, fees and charges as per the law and
other necessary costs to execute construction investment projects not specified
under Points a, c, d, and dd of this Article;
g) Backup costs include costs for
additional work load and inflation that occurs during project execution.
3. In case
projects only require preparation of construction investment economic-technical
reports, total construction investment shall include construction estimates
according to Article 11 of this Decree, compensation, assistance, relocation
costs (if any) and relevant costs of projects. Construction estimates are
identified under Article 12 of this Decree.
Article 6.
Determination of total construction investment
1. Total
construction investment is determined by using following methods:
a) Determination according to
construction load based on fundamental design and other requirements of
projects;
b) Determination according to
construction investment rate;
c) Determination according to costs
of similar projects, constructions;
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2. Method
specified under Point a Clause 1 of this Article shall serve as the basic
method for determining total construction investment for projects,
constructions with fundamental design eligible for determining quantity of
work, groups and type of work, structural components, construction components
and respective construction costs.
3. Determine
total construction investment under Point a Clause 1 of this Article as
follows:
a) Compensation, assistance and
relocation costs are determined on the basis of compensation, assistance and
relocation solutions of projects and relevant government policies;
b) Construction costs are
determined on the basis of work load and construction affairs; groups and type
of construction affairs, structural components, construction components,
respective construction costs and other relevant costs;
c) Equipment costs are determined
on the basis of quantity, amount, type of equipment or equipment systems
according to technology, technical solutions, selected equipment, equipment
price conforming to market price and other relevant costs;
d) Project management costs are
determined under Article 30 of this Decree;
dd) Construction investment
consultancy costs are determined under Article 31 of this Decree;
e) Other costs are determined by
percentage or preparation of estimates. Costs for clearing and disarming mines
and explosive ordnances according to regulations of Minister of National
Defense;
g) Backup costs for additional work
are determined by percentage of costs under Points a, b, c, d, dd, and e of
this Clause. Percentage for backup costs for inflation is determined based on
temporal length of projects, project execution plans and output price indices
suitable for construction type taking into account domestic and international
price fluctuation.
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Total construction investment is
determined on the basis of quantity, area, capacity or capability according to
publicized fundamental design and respective construction investment rate
conforming to construction type and grade with assessment, conversion and
calculations in terms of date on which total construction investment is
produced, project location, addition of other necessary costs not included in
construction investment rates depending on specific conditions of projects,
constructions.
5. Determine
total construction investment under Point c Clause 1 of this Article as
follows:
Total construction investment is
determined on the basis of quantity, area, capacity or capability according to
fundamental design and data on costs of executed projects, constructions with
similar type, grade, scale or operational capability. Cost-related data must be
converted, calculated in terms of date on which total construction investment
is produced, project location and added with other necessary costs conforming
to specific conditions of projects and construction.
6. Based on
level of detail of fundamental design of projects, publicized construction
investment rates, data on costs of similar projects and constructions, utilize
2 or 3 methods under Points a, b, and c Clause 1 of this Article to determine
total construction investment.
Article 7.
Appraisal of total construction investment
1. Appraisal
of total construction investment is a detail within construction investment
feasibility reports, construction investment economic-technical reports.
Entitlement for appraisal of total construction investment is implemented
according to Law on Construction and Decree on elaborating to management of
construction investment projects.
2. Details for
appraisal of total construction investment performed by agencies specialized in
construction under Point g Clause 2 Article 58 of Law on Construction and
amendments thereto under Clause 15 Article 1 of Law on amendments to Law on
Construction are follows:
a) Adequacy and legitimacy of
application for appraisal of total construction investment; legal basis for
determining total construction investment;
b) Conformance of total
construction investment to approved total preliminary investment; methods of
determining total construction investment;
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d) Compliance with regulations and
law on application, reference of construction norms systems, construction
prices, other necessary tools issued by regulatory authorities, and application,
reference of cost-related data of similar projects, constructions to determine
total construction investment.
3. Details for
appraisal of total construction investment performed by agencies, organizations
or individuals authorized by investment deciders under Point a Clause 3 Article
56 and Point d Clause 1 Article 57 of Law on Construction and amendments
thereto under Clauses 13 and 14 Article 1 of Law on amendments to Law on
Construction are as follows:
a) Adequacy and legitimacy of
application for appraisal of total construction investment; examination of
inspection results of total construction investment of consulting organizations
(if any);
d) Results of finalization and
revision of application for appraisal of total construction investment based on
recommendations of agencies specialized in construction under Clause 2 of this
Article (if any) and explanations;
c) Conformance and adequacy of
determination of quantity or scale, capacity or capability serving calculation
in total construction investment compared with fundamental design of projects;
d) Determine total construction
investment to guarantee adequacy, legitimacy and conformance with design,
construction conditions, market price and project execution plans;
dd) Analyze reasons of increase,
decrease and assess investment effectiveness assurance of projects based on
total construction investment which is determined post-appraisal.
4. For
projects utilizing non-public investment state capital not specified under
Points c Clause 1 Article 58 of Law on Construction and amendments thereto
under Clause 14 Article 1 of Law on amendments to Law on Construction,
investment deciders shall appraise details under Clauses 2 and 3 of this
Article.
5. For
projects that require only construction investment economic-technical reports,
investment deciders shall appraise details under Clauses 3 and 4 Article 13 of
this Decree.
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7. Costs for
organizations and individuals participating in appraisal extracted from fees,
charges for appraising construction investment feasibility reports.
8. Ministry of
Construction shall regulate fees for appraising and examining construction
investment feasibility reports, construction investment economic-technical
reports. Ministry of Finance shall prescribe fees for appraising construction
investment projects.
Article 8.
Approval of total construction investment
1. Approval of
total construction investment is specified under decisions on construction
investment. Entitlement for deciding on construction investment shall conform
to Article 60 of Law on Construction and amendments thereto under Clause 17
Article 1 of Law on amendments to Law on Construction.
2. Approved
total constructions investment refers to the maximum cost for executing
construction investment projects.
Article 9.
Revision of total construction investment
1. Approved
total construction investment shall be revised according to Clause 5 Article
134 of Law on Construction and Point dd Clause 18 Article 1 of Law on
amendments to Law on Construction.
2. Total
construction investment for revision includes revised total investment and
unrevised total investment. Details related to total construction investment
for revision must be appraised according to Article 7 of this Decree.
Entitlement for appraisal and approval of revised total construction investment
shall conform to regulations on entitlement for appraisal and approval of
revised projects under Decree on elaborating to regulations on management of
construction investment projects.
Article 10.
Appraisal and approval of costs for project preparation
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2. Agencies
and organizations assigned to prepare projects or investors (if investors have
been identified) shall organize preparation and appraisal of project
preparation estimates under Clause 1 of this Article, except for cases under
Clauses 3 and 4 of this Article.
3. For
national important projects utilizing public investment capital, preparation,
appraisal and approval of project preparation estimates under Clause 1 of this
Article shall conform to regulations and law on public investment.
4. For
estimates of costs for hiring foreign consultants for affairs under Clause 1 of
this Article, entitlement for appraisal and approval of estimates shall conform
to Clause 4 Article 32 of this Decree.
5. Project
preparation estimates under Clause 1 of this Article shall be included in total
construction investment after being approved.
Chapter III
CONSTRUCTION ESTIMATES
Section 1.
CONSTRUCTION ESTIMATES
Article 11.
Details of construction estimates
1. Construction
estimates refer to all expected costs necessary and identified according to
construction design implemented after fundamental design or technical drawing
design in case projects only require construction investment economic-technical
reports.
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3. For
projects with multiple constructions, investors shall determine total estimates
to manage construction investment when necessary. Total estimates include
construction estimates, consultancy costs, other costs, and backup costs for
the whole projects.
Article 12.
Determination of construction estimates
Construction estimates are
determined based on quantity calculated from construction design implemented
after fundamental design or technical drawing design in case projects only
require construction investment economic-technical reports, technical
guidelines, affair requirements, plans for implementation, construction
conditions, construction solutions, construction norms, construction prices,
output price indices and other relevant law provision adopted depending on
specific construction conditions. Costs within construction estimates are
determined according to Clauses 2, 3, 4, 5, 6, and 7 of this Article.
2. Construction
costs include: direct costs, indirect costs, pre-assessed taxable income and
value-added tax (VAT) and are determined as follows:
a) Direct costs (including:
material costs, personnel costs, construction machinery and equipment costs)
are determined according to specific construction quantity and unit price, and
combined construction prices, type of construction operations, structural or
component units of constructions.
In case direct costs are determined
according to specific construction quantity and unit price: quantity determined
according to construction affairs and operation; specific construction unit
price is determined according to Clause 2 Article 24 of this Decree.
In case direct costs are determined
according to construction quantity and combined prices of construction type,
affairs, constructions components or structures: quantity is determined
depending on construction type, structural or component units; prices of
construction type, affairs, construction components or structures are
determined under Clause 3 Article 24 of this Decree.
b) Indirect costs include general
costs, costs for temporary structures for residence and construction coordination,
and costs for affairs with unidentifiable work quantity. Indirect costs are
determined by percentage as per the law;
c) Pre-assessed taxable income is
determined by percentage;
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3. Equipment
costs are determined as follows:
a) Equipment purchase costs are
determined according to quantity, type of equipment based on (technology,
construction) design, approved list of equipment in projects and respective
purchase prices;
b) Costs for processing and
manufacturing equipment (if any) are determined by preparing estimates on the
basis of quantity of equipment to be processed, manufactured and respective
unit prices for processing, manufacturing; on the basis of processing,
manufacturing contracts, price notice of manufacturers, processors or prices
for processing, manufacturing similar equipment;
c) Remaining costs for equipment
according to Point c Clause 2 Article 5 of this Decree are determined by
preparing estimates or on the basis of cost norms prescribed by regulatory
authorities.
4. Project
management costs are determined under Article 30 of this Decree.
5. Construction
investment consultancy costs are determined under Article 31 of this Decree.
6. Other costs
are determined on the basis of price prescribed by regulatory authorities or
estimate preparation.
7. Backup
costs include backup costs for work quantity, additional work and backup costs
for inflation and are determined by percentage of total costs under Clauses 2,
3, 4, 5, and 6 of this Article. Percentage for backup costs for inflation is
determined based on temporal length constructions under project execution plans
and output price indices suitable for construction type taking into account
domestic and international price fluctuation.
Article 13.
Examination and appraisal of construction estimates
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2. Entitlement
for appraisal of construction estimates is implemented according to Law on
Construction and Decree on elaborating to management of construction investment
projects.
3. Details for
appraisal of construction estimates performed by agencies specialized in
construction under Point d Clause 2 Article 83a of Law on Construction and
amendments thereto under Clause 26 Article 1 of Law on amendments to Law on
Construction are follows:
a) Adequacy and legitimacy of
application for appraisal of construction estimates; legal basis for
determining construction estimates;
b) Conformity of construction
estimates with approved total construction investment; methods of determining
construction estimates;
c) Conformity of construction
estimate details under Article 11 of this Decree with project contents and
requirements;
d) Compliance with regulations and
law on application, reference of construction norms systems, construction
prices, other necessary tools issued by regulatory authorities; application,
reference of cost-related data of similar projects, constructions to determine
construction estimates;
dd) List of new estimate
indicators, revised estimate indicators (if any) and methods of determining;
list of indicators to be surveyed during construction process.
4. Details for
appraisal of construction estimates performed by investors under Point c Clause
1 Article 83 of Law on Construction and amendments thereto under Clause 25
Article 1 of Law on amendments to Law on Construction are follows:
a) Adequacy of dossiers on
construction estimates for appraisal; inspecting examination results of
construction estimates of consulting organizations (if any);
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c) Conformity and adequacy of
determining construction work load, type and quantity of equipment in
construction estimates compared with design;
d) Determine construction estimates
while guaranteeing adequacy as per the law, conformity with total construction
investment, construction technical and technology requirements, construction
conditions, construction solution, construction progress and market price;
dd) Analyze and assess level, cause
of increase, decrease of costs compared with construction estimates applied for
appraisal;
e) For projects utilizing
non-public investment state capital and not requiring appraisal of agencies
specialized in construction, investors shall appraise details under Clause 3 of
this Article and Points a, b, c, d, and dd of this Clause.
5. Details for
appraisal of construction estimates for constructions under PPP projects.
a) For constructions under PPP
projects utilizing public investment: agencies specialized in construction
shall appraise details under Clause 3 of this Article; investors shall appraise
shall appraise details under Clause 4 of this Article and details under PPP
project contracts;
b) For constructions not utilizing
public investment capital under PPP projects: investors shall appraise details
under Clauses 3 and 4 of this Article and details under PPP project contracts.
6. Investors
shall appraise estimates for preparation affairs to prepare construction design
after fundamental design and general costs for the whole projects. In case
estimates of these costs have been approved in total construction investment, investors
shall consider recalibration when necessary. In case foreign consultants are
hired, entitlement for appraisal and approval of estimates for costs of hiring
foreign consultants shall conform to Clause 4 Article 32 of this Decree.
7. Examination
serving appraisal of construction estimates shall conform to Decree on
elaborating to management of construction investment projects.
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9. Ministry of
Construction shall prescribe costs for appraisal of construction estimates.
Ministry of Finance shall prescribe fees for appraising construction estimates.
Article 14.
Approval of construction estimates
1. Entitlement
for approval of construction estimates shall conform to Article 82 of Law on
Construction and amendments thereto under Clauses 24 and 25 Article 1 of Law on
amendments to Law on Construction.
2. Investors
shall approve estimates for preparation affairs to prepare construction design
after fundamental design and general costs for the whole projects.
3. Decisions
on approval of construction estimates and cost estimates under Clause 2 of this
Article shall be sent to investors.
Article 15.
Revision of construction estimates
1. Approved
construction estimates shall be revised according to Clause4 Article 135 of Law
on Construction.
2. Construction
estimates for revision includes unrevised construction estimates and revised
construction estimates. Details related to revised construction estimates must
be appraised according to Article 13 of this Decree.
3. Entitlement
for appraisal and approval of revised construction estimates shall conform to
regulations on entitlement for appraisal and approval of revised construction
design implemented after fundamental design under Decree on elaborating to
regulations on management of construction investment projects.
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5. In case
revised estimates do not exceed approved estimates but alter structure of costs
in total construction investment, investors shall organize revision, approval,
report to investment deciders and are responsible for revision results.
Section 2.
CONSTRUCTION CONTRACT PACKAGE ESTIMATES
Article 16.
General regulations on construction contract package estimates
1. Construction
contract package estimates (hereinafter referred to as “contract estimates”)
are all costs necessary for executing contract package, determined for each
contract package and satisfactory to contractor selection plans prior to
organizing contractor selection.
2. Contract
estimates are determined for following contract packages:
a) Construction contract package;
b) Equipment procurement contract
package;
c) Equipment installation contract
package;
d) Construction investment
consultancy contract package;
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Article 17.
Determination of contract estimates
1. Contract
estimates are determined on the basis of costs of each contract package and
satisfactory to design, scope, nature, characteristic and specific conditions
of contract package.
2. For front
end engineering design (FEED) projects for implementation of engineering,
procurement and construction (EPC) contracts, contract estimates are determined
on the basis of costs within contract package determined on the basis of FEED design.
3. For
projects and constructions permitted by investment deciders to implement
construction design after fundamental design according to each construction
contract package and each project execution phase, contract estimates are
determined on the basis of costs within scope of respective contract package
and construction design. Costs within contract estimates are determined similar
to costs under construction estimates under Article 12 of this Decree
satisfactory to scope, nature, characteristics and specific conditions of each
contract package.
4. For
projects with approved construction estimates, investors shall determine
contract estimates on the basis of costs within scope of contract package under
approved construction estimates if necessary.
5. Backup
costs in contract estimates conform to form of contracts in contract package
specified under contractor selection plans.
Article 18.
Examination, appraisal and approval of contract estimates
1. Examination
and appraisal of contract estimates under Clauses 2 and 3 Article 17 of this
Decree shall be implemented similar to construction estimates specified under
Article 13 of this Decree.
2. Investors
shall approve contract estimates under Clauses 2, 3, and 4 Article 17 of this
Decree to replace contract package prices under contractor selection plans
according to bidding laws.
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4. Depending
on characteristics of contract package, revision of costs under contract
estimates specified under Clauses 2 and 3 Article 17 of this Decree shall be
implemented similar to revision of construction estimates under Article 15 of
this Decree.
Article 19.
Construction contract package price
1. Construction
contract package price refers to price of construction contract package
approved under contractor selection plans serving as the basis for selecting
contractors. Contract package price includes all adequate costs necessary to
execute construction contracts, including backup costs, fees, charges, and
taxes.
2. Contract
package price shall be updated on bid opening day according to bidding law if
necessary.
Chapter IV
CONSTRUCTION NORMS, CONSTRUCTION PRICES AND OUTPUT
PRICE INDICES
Section 1.
CONSTRUCTION NORMS
Article 20.
Construction norm system
1. Construction
norm system includes economic-technical norms and cost norms.
Economic-technical norms include basic norms and estimate norms.
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3. Estimate
norms
a) Estimate norms are norms on
necessary depreciation of materials, human resources, construction machinery
and equipment conforming to technical requirements, construction conditions and
specific construction measures for completion of a unit of construction
quantity;
b) Estimate norms are adopted,
consulted in order to prepare construction estimates and serve as the basis for
determining construction prices, preparing and managing construction
investment.
4. Cost norms
include: norms expressed in percentage and norms expressed in numeric values.
Cost norms serve as the basis for determining construction prices, cost
estimates of affairs, costs in construction investment namely indirect costs,
pre-assessed taxable income, project management costs, construction investment
consultancy costs and other costs.
5. Estimate
norms for specific construction operations of sectors, local administrative
divisions are norms for affairs not specified under construction norm system
regulated by Ministry of Construction and only occur in constructions under
management of sectors or local governments.
6. Ministry of
Construction shall organize construction, issue construction norms for general
use on a nationwide scale. Ministries having jurisdiction over specialized
construction works shall organize construction operations, issue estimate norms
for specific construction operations of sectors, People’s Committees of provinces
shall organize construction operations, issue estimate norms for specific
construction operations of local administrative divisions.
7. Ministries
having jurisdiction over specialized construction works, People’s Committees of
provinces shall prepare plans, organize development of estimate norms under
Clause 5 of this Article, send to Ministry of Construction and request for
feedback on methods and basis for developing norms, conformity of calculation
results of depreciation components prior to issuance.
8. Adoption
and reference of construction norm systems shall conform to Clause 3 Article
136 of Law on Construction and amendments thereto under Clause 51 Article 1 of
Law on amendments to Law on Construction.
9. Construction
norm system under this Article shall be managed by code system according to
Minister of Construction.
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1. Determination
of new estimate norms for structures shall be implemented for construction
operations not specified elsewhere or construction operations that utilize new
construction technology, construction solutions, or construction conditions
that are not specified under construction norm systems issued by competent
authorities.
2. Revision of
estimate norms is implemented for construction operations specified under
construction norm system issued by competent authorities but not conforming to
technical design, requirements, construction conditions and/or construction
solutions.
3. Determination
of new estimate norms and revision of estimate norms shall conform to
regulations of Minister of Construction.
4. During
preparation of construction estimates, determination and management of new
estimate norms and revised estimate norms under Clauses 1 and 2 of this Article
shall be implemented as follows:
a) Organizations and individuals
preparing construction estimates are responsible for preparing lists of new
estimate norms and estimate norms that require revision to meet specific
structure requirements and organizing determination of norm depreciation
conforming to technical design, requirements, construction conditions, expected
construction solutions to serve preparation of unit price and determination of
construction estimates;
b) Agencies specialized in
construction shall appraise relevant details under Point d Clause 3 Article 13
of this Decree;
c) Investors shall consider and
decide on use of revise estimate norms and/or new estimate norms for structures
as the basis for determining construction prices.
5. During
construction process, investors shall organize surveys to determine new
estimate norms and revised estimate norms under Clause 4 of this Article as
follows:
a) Organize recalibration of
contents of norms (including applicable regulations, affair components,
depreciation components, unit of measurement, norm values) on the basis of
surveys and data collection in practical construction situations;
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6. In case investors
request, Ministry of Construction shall provide guidelines and remarks for new
estimate norms whereas agencies which issue norms shall provide guidelines and
remarks for revised estimate norms under Clauses 4 and 5 of this Article.
7. Investors
may hire capable cost management and consultancy organizations according to
Decree elaborating to regulations on management of construction investment
projects to determine and appraise norms under Clause 5 of this Article.
Article 22.
Review and update of construction norm system issued by competent regulatory
agencies
1. Ministry of
Construction, ministries having jurisdiction over specialized construction
works and People’s Committees of provinces shall organize review and provide
guidelines on application and reference of construction norm systems issued and
publicized before effective date hereof following principles below:
a) Complete review, annul
inappropriate norms and issue norms that do not require revision before June
30, 2021;
b) Organize review, determine norms
that require revision and issue before December 31, 2021;
c) During the period of reviewing
and revising norms, Ministry of Construction, ministries having jurisdiction
over specialized construction works and People’s Committees of provinces are
responsible for guiding application and reference of norms that they have
issued within competence and other necessary affairs to prepare and manage
construction investment.
2. Construction
norm systems issued by Ministry of Construction, ministries having jurisdiction
over specialized construction works and People’s Committees of provinces must
be reviewed and updated every 3 years from the date on which the norms are
issued or earlier if necessary.
3. Ministry of
Construction is responsible for organizing, expediting review and update of
construction norm systems and issuing regulations, guidelines on implementing
review and update of construction norms.
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a) Determine annual lists, plans
for reviewing norms and send to Ministry of Construction for monitor and
examination during implementation;
b) Assign agencies specialized in
construction affiliated to organizations that review, hire organizations and
individuals capable for operating according to Decree on elaborating to
regulations on management of construction investment projects to review,
determine new norms and revised norms and request competent authorities to
issue as per the law;
c) Decide on issuance of norms
after consulting Ministry of Construction according to Clause 7 Article 20 of
this Decree and send to Ministry of Construction for consolidation and update
onto database.
5. Agencies
specialized in construction within their competence shall consolidate
development results of norms under Clauses 4 and 5 Article 21 of this Decree
and norms under Clause 6 of this Article and send to Ministry of Construction
(in case of new estimate norms) and agencies that issue norms (in case of
revised estimate norms) to serve review, consideration and decision on update
norm systems.
6. Encourage
organizations and individuals to organize determination of new estimate norms
and revised estimate norms by themselves, and send results to agencies
specialized in construction to serve state management affairs.
Article 23.
Expenditure on review, update, development and revision of construction norms
1. Expenditure
on review, update of construction norms implemented by Ministry of
Construction, ministries having jurisdiction over specialized construction
works and People’s Committees of provinces: expenditure on plan preparation,
review organization; review, determination, appraisal; update of new norms and
revised norms. Such expenditure shall be allocated from annual budget.
2. Expenditure
on developing new norms and revising norms under Clauses 4 and 5 Article 21 of
this Decree shall be included in construction investment of projects.
Section 2.
CONSTRUCTION PRICES AND OUTPUT PRICE INDICES
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1. Construction
prices include specific construction unit price and mixed construction prices
and serve as the basis for determining total construction investment and
construction estimates.
a) Specific construction unit price
is determined for construction operations;
b) Mixed construction prices are
determined by group, type of construction operations, structural or component
units of constructions.
2. Specific
construction unit price of constructions is determined on the basis of
construction norms, prices of construction materials, components, personnel,
construction machinery and equipment and other necessary cost factors
satisfactory to price market of construction sector at a definite point in time
and other relevant law provisions, on the basis of construction unit price
issued by People’s Committees of provinces or on the basis of market price or
similar prices of implemented constructions.
3. Mixed
construction price is determined on the basis of combining specific construction
unit price of a unit of measurement of operation, structural or component unit
according to prices issued by competent authorities, identified on the basis of
market price or similar prices in implemented constructions.
Article 25.
Construction investment rates
1. Construction
investment rates are costs necessary for a unit of measurement by area, volume,
length, capacity or capability of structures by design and serve as the basis
for determining preliminary total investment and total construction investment.
2. Construction
investment rates include: construction costs; equipment costs; project
management costs; construction investment consultancy costs; other costs and
VAT for said costs. Construction investment rates do not include backup costs and
costs for several affairs depending on separate requirements of projects and
structures.
Article 26.
Management of construction prices and construction investment rates
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2. People’s
Committees of provinces shall publicize construction unit price of local
administrative divisions; decentralize and authorize Departments of
Construction to publicize construction price information in provinces according
to Points a and b of this Clause as follows:
a) Prices of construction materials
and equipment: publicize on a quarterly basis or earlier if necessary;
b) Unit price of construction
personnel, construction machinery and equipment per shift, construction
machinery and equipment rental: publicize on an annual basis or earlier if
necessary.
3. Investors
shall employ construction price systems under Clauses 1 and 2 of this Article
as the basis for determining total construction investment, construction
estimates and managing construction investment or organizing determination of
construction prices satisfactory to technical requirements, construction
conditions, constructions solutions and specific plans of constructions.
4. Investors
may hire organizations and/or individuals that provide advice on management of
construction investment capable of operating according to Decree elaborating to
regulations on management of construction investment to perform tasks or parts
of tasks related to determination and appraisal of construction prices under
Clause 3 of this Article.
5. Expenditure
on collecting figures, determining and publicizing construction prices and
information on prices and construction investment rates under Clauses 1 and 2
of this Article shall be allocated from annual budget.
Article 27.
Output price indices
1. Output
price indices are indicators reflecting volatility in construction prices,
serving as the basis for determining and revising preliminary total investment,
total construction investment, construction estimates, construction contract
package value, construction contract value, conversion of construction
investment and management of construction investment.
2. Output
price indices include construction prices by construction type and cost
compositions (including price index of construction works, price index of
equipment, and price index of other costs), cost factors (including price index
of building materials, price index of labor, price index of building equipment)
and price index of some major materials.
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a) Ministry of Construction shall
provide guidelines on determining output price indices; determine and publicize
national output price indices on a yearly basis;
b) Departments of Construction
shall organize determining output price indices in provinces using methods
provided by Ministry of Construction (including all price indices under Clause
2 of this Article) as the basis for enabling People’s Committees of provinces
to publicize or decentralize, assign Departments of Construction to publicize
on a quarterly basis, annual basis or earlier if necessary and send to Ministry
of Construction.
4. In case
output price indices are utilized to revise construction contract value, for
constructions that are not specified under list of output price indices
publicized by Ministry of Construction or People’s Committees of provinces, investors
shall organize determining output price indices using methods provided by
Ministry of Construction and send to Ministry of Construction (for
constructions implemented in at least 2 provincial administrative divisions) or
People’s Committees of provinces (for constructions implemented in provincial
administrative division) for remarks about conformity of method of determining
output price indices, adequacy and legitimacy of determination of output price
indices.
5. Investors
may hire organizations and/or individuals that provide advice on cost
management capable of operating according to Decree elaborating to regulations
on management of construction investment to calculate output price indices
under Clause 4 of this Article.
6. Expenditure
on collecting data, determining and publicizing output price indices under
Clause 3 of this Article shall be allocated from annual budget.
Section 3.
DATABASE ON CONSTRUCTION NORMS, CONSTRUCTION PRICES AND OUTPUT PRICE INDICES
Article 28.
Database on construction norms, construction prices and output price indices
1. Database on
construction norms, construction prices and output price indices (hereinafter
referred to as “database”) is a part of information system and national
database on construction operation according to Law on Construction, including:
a) Information and data on
construction norms, construction prices, construction investment rates, output
price indices issued or publicized by competent authorities;
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c) Database on prices of construction
services, construction products, construction materials and equipment, and
other relevant information provided by organizations, individuals operating in
construction sector or via investigation, survey.
2. Ministry of
Construction is responsible for developing, managing and operating database on
a nationwide scale which serves as contact point for databases of specialized
and local ministries having jurisdiction over specialized construction works;
providing information and data in database for state management affair purposes
and at request of organizations, individuals to prepare and manage construction
investment as per the law.
3. Ministries
having jurisdiction over specialized construction works and People’s Committees
of provinces are responsible for developing, managing and operating database to
serve state management affairs regarding construction investment in sector and
local governments.
4. Principles
of developing and managing database:
a) Database must be synced and
compliant with regulations and law; serve state management affairs and meet
socio-economic development demands;
b) Information and data prior to
being updated on database must be examined, reviewed, assessed and classified
accordingly;
c) Collection and addition of data,
information must prevent repetition of tasks; include close cooperation in
collecting information, data; maximize currently available information, data;
d) Information, data that has been
examined, processed and updated as per the law on database shall hold similar
legitimacy to physical documents;
dd) Agencies, organizations and
individuals shall be legally responsible for information and data that they
provided for database.
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1. Ministry of
Construction is responsible for developing, managing, operating and controlling
database on a nationwide scale:
a) Develop Regulations on managing,
extracting and utilizing database; issue and manage database login accounts;
control contents that are updated, revised and uploaded on database;
b) Provide guidelines on contents
and methods of developing database (including collecting, consolidating,
processing, updating, storing information and data);
c) Provide guidelines of extracting
and utilizing database;
d) Developing and finalizing system
of codes, software applications for management of database.
2. Ministries
having jurisdiction over specialized construction works are responsible for
consolidating and providing estimate norms on specialized construction
operations; construction prices, construction material prices, human resource
prices, specialized construction machinery and equipment and sending to
Ministry of Construction for update onto database.
3. People’s
Committees of provinces are responsible for consolidating and providing
estimate norms on specialized constructions of local administrative divisions;
local construction prices, construction material prices, human resource prices,
specialized construction machinery and equipment and sending to Ministry of
Construction for update onto database.
4. Investment
deciders who investment projects that utilize public investment, non-public
state capital are responsible for requesting investors to send information,
data related to construction investment of projects under their management to
Ministry of Construction to update on database.
5. Expenditure
on developing, managing, operating database and collecting, consolidating,
processing, updating information shall be allocated from annual budget and
other legally mobilized funding sources.
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PROJECT MANAGEMENT COSTS AND CONSTRUCTION INVESTMENT
CONSULTANCY COSTS
Article 30.
Project management costs
1. Project
management costs shall be used for organizing implementation and performing
following tasks:
a) Organize implementation of:
supervising construction survey; selecting construction designs or construction
design measures; compensating, assisting and relocating within responsibilities
of investors; preparing and appraising construction feasibility reports or
construction economic-technical reports; preparing and appraising construction
design implemented after fundamental design and construction estimates;
selecting contractors in construction operations; controlling quality,
quantity, progress, construction prices and construction contracts; managing
construction information system; collecting and providing information serving
management of construction investment at request of competent authorities;
ensuring occupational safety and hygiene of structures; determining new estimate
norms, revising estimate norms; determining construction prices, output price
indices; examining quality of materials, components, construction products,
equipment installed in structures; accrediting structure components, work
items, structures and conducting experiments specialized in construction sector
at request; controlling construction investment; preparing preliminary
environmental impact assessment reports, environmental impact assessment
reports, surveying and monitoring environment during construction progress
according to regulations and law on environmental protection; converting
construction investment once structures are completed, inspected for acceptance
and transferred into use; inspecting for acceptance, paying, setting contracts;
paying and settling construction investment; supervising and assessing
investment; inspecting for acceptance and transferring structures; initiating
construction, inaugurating (if any), advertising and organizing management of
implementation of other necessary tasks serving project management;
b) Perform following tasks:
supervising, assessing investment; appraising construction designs implemented
after fundamental design and appraising construction estimates; determining
construction contract package estimates (in case construction estimates have
been approved) and perform other necessary tasks within responsibilities of investors.
2. Project
management costs include salaries of project managers; wages for workers under
contracts; allowances; bonuses; collective benefits; contributions (social
insurance; medical insurance; unemployment insurance; union fees; other
contributions as per the law for individuals eligible for receiving payments
from projects); science and technology application, training and improvement of
project managers; payment of public services; office supplies; information,
communication and publicity; organization of conferences related to projects;
working fees; hiring, repair, procurement of assets serving project management;
other costs and backup costs.
3. Project
management costs are maximum costs for managing projects depending on approved
length, scope of work of projects and determined on the basis of percentage or
by preparing estimates conforming to project management methods, project
length, project management scale and characteristics. Project management costs
shall be managed on the basis of estimates determined on an annual basis
conforming to project management tasks, affairs and relevant policies. Project
management costs shall only be revised when changes to project management
scope, project execution progress, or project revision occur.
4. In case
project management consultants are hired, project management consultancy costs
shall be determined by preparing estimates on the basis of project management
contents, workload agreed upon by investors and consulting organizations under
contracts for project management consultancy.
5. In case
general contractors conclude EPC contracts for project management affairs under
responsibilities of investors, general contractors shall partially benefit from
project management costs conforming to project management affairs, workload
assigned by investors and agreed upon under EPC contracts.
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Article 31.
Construction investment consultancy costs
1. Construction
investment consultancy affairs include:
a) Developing missions,
construction survey solutions, design missions; executing construction surveys,
supervising construction surveys; producing construction investment
pre-feasibility reports (if any), investment guideline proposal (if any),
construction investment feasibility reports or construction investment
economic-technical reports;
b) Appraising construction
investment pre-feasibility reports (if any), construction investment
feasibility reports or construction investment economic-technical reports;
appraising technology design of projects (if any); appraising compensation,
assistance, relocation solutions; proposing architecture solutions; designing
construction; appraising construction designs, construction estimates;
c) Producing, appraising EOI
request, prequalification document, bidding documents, soliciting documents
assessing said documents to select active construction contractors; appraising
contractor selection results in construction sector; supervising construction
process and equipment installation;
d) Developing, appraising
construction norms, construction prices, output price indices; appraising
traffic safety; applying BIM model;
dd) Providing project management
consultancy (in case consultants are hired); conducting experiments in
construction sector; controlling quality of materials, structural components,
construction products, equipment installed in structures at request of investors
(if any); controlling quality of construction components, work items,
structures (if any)l supervising, assessing construction investment projects
(in case consultants are hired);
e) Producing preliminary
environmental impact assessment reports, environmental impact assessment
reports, monitoring and supervising environment during construction process
according to regulations and law on environmental protection;
g) Converting construction
investment after structures are completed, inspected for acceptance and
transferred into use (if any);
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2. Construction
investment consultancy costs include: costs for consultants (salaries, bonuses,
allowances, collective interest, social insurance, medical insurance, union
fees, other payments as per the law for individuals performing consulting
activities in projects); costs for science technology application, management
of construction information system; costs for public services, office supplies,
information, communication; costs for hiring, repairing, procuring assets serving
project consulting affairs (if any); management costs of consulting
organizations; other costs; pre-assessed taxable income; VAT and backup costs.
Costs for construction survey and experiments specialized in construction shall
include costs under Clause 2 Article 12 of this Decree and other relevant costs
(if any).
3. Construction
investment consultancy costs shall be determined by percentage issued by
Ministry of Construction or by preparing estimates on the basis of scope of
consulting affairs, workload to be implemented, execution plans of contract
package and regulations on policies of the government.
4. Approved
construction investment consultancy costs are maximum costs for consultancy
affairs for construction investment and only revised when changes to affairs,
conditions, or consulting progress occur. Construction investment consultancy
costs shall be managed via contracts for construction investment consultancy.
5. In case investors,
boards for management of construction investment projects capable as per the
law executing consultancy affairs, may add costs for said affairs to project
management costs.
6. Costs for
hiring foreign consultants for consultancy affairs shall conform to Article 32
of this Decree.
Article 32.
Costs for hiring foreign consultants
1. Investment
deciders shall decide on hiring foreign consultants according to regulations
and law on bidding.
2. Costs for
hiring foreign consultants shall be determined depending on type of consultancy
affairs on the basis of number of experts, level of experts, working hours of
experts, salaries of experts by countries and other necessary costs for
completion of consultancy affairs.
3. Costs for
hiring foreign consultants are determined according to estimates or database on
costs for hiring foreign consultants of similar projects and structures in
Vietnam; Cost estimates for hiring foreign consultants are all costs necessary
for completion of construction consulting services, including: costs on
experts, management costs, other relevant costs, pre-assessed taxable income,
backup costs and payable taxes as per the law.
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5. Methods of
determining costs for hiring foreign consultants shall conform to regulations
of Minister of Construction.
Chapter VI
PAYMENT, SETTLEMENT OF CONSTRUCTION CONTRACTS AND
PAYMENT, SETTLEMENT OF CONSTRUCTION INVESTMENT
Article 33.
Payment, settlement of construction contracts
Payment and settlement of
construction contracts shall conform to Decree on elaborating to construction
contracts.
Article 34.
Payment of construction investment
1. Payment of
construction investment and deadline therefor:
a) Projects utilizing public
investment shall conform to regulations and law on public investment;
b) Projects utilizing non-public
investment state capital and PPP projects shall conform to relevant regulations
and law.
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3. Agencies
paying construction investment and investors are prohibited from developing
regulations contradictory to regulations and law on payment of construction
investment.
Article 35.
Settlement of construction investment
1. Construction
investment projects must be settled in terms of construction investment after
being transferred into use or permanently suspended at written request of
competent authorities.
2. Investment
capital for settlement must be within total approved or revised investment as
per the law.
3. Investment
capital for settlement refers to the entire legitimate cost required in
construction process to bring project structures into use. Legitimate costs are
all costs within the scope of approved projects, designs, estimates;
construction contracts signed as per the law, including approved amendments
thereto. PPP projects shall conform to regulations and law on investment in
form of public-private partnerships.
4. Contractors
are responsible for preparing documents on settlement of contracts signed with investors
as per the law on construction contracts which serve as the basis for settling
investment capital.
5. Investors
are responsible for settling construction investment within total approved
investment of projects; prepare documents on settlement of construction
investment and conversion of construction investment and request investment
deciders to approve within 9 months from the date on which acceptance records
of structures are signed and structures are transferred into use. For
independent work items or structures within projects with multiple structures
to be transferred into use, in case immediate settlement is required, investors
shall report to investment deciders.
6. Agencies
appraising and approving settlement are responsible for appraising and
approving settlement within 9 months from the date on which adequate settlement
documents are received.
7. Investors
are responsible for dealing with public debts and finalizing project accounts
at agencies paying investment capital within 6 months from the date on which
decisions on approval of settlement of capital of completed investment project
are issued. In case completed projects with approved settlement have not been
assigned with adequate capital, investors shall report to investment deciders
and relevant agencies to deal with public debts and finalize project accounts
as per the law.
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9. Investors
that fail to perform settlement in a timely manner according to Clause 5 of
this Article shall be met with penalties according to regulations and law on
imposing penalties against administrative violations in construction
investment.
10. Entitlement
to approval of settlement of construction investment:
a) For national important projects
and other important projects in which investment is decided by the Prime
Minister: superior authorities of investors shall approve cost statements of
component projects funded by public investment capital and component projects
funded by non-public investment state budget;
b) For remaining projects,
individuals capable of approving settlement of construction investment or
authorizing approval of settlement of construction investment of completed
projects shall decide on investment;
c) PPP projects shall conform to regulations
and law on investment in form of public-private partnerships.
Chapter VII
RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF INVESTMENT
DECIDERS, INVESTORS AND CONSTRUCTION CONTRACTORS IN MANAGEMENT OF CONSTRUCTION
INVESTMENT
Article 36.
Rights and responsibilities of investment deciders
1. Complying
with regulations on rights and responsibilities of investment deciders under
Article 72 of Law on Construction and Clause 22 Article 1 of Law on amendments
to Law on Construction and entitlement under this Decree and relevant law
provisions.
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Article 37.
Rights and obligations of investors
1. Complying
with regulations and law on rights and obligations of investors under Article
68 of Law on Construction and entitlement under this Decree and other relevant
law provisions.
2. Accepting
recommendations in terms of changing materials, construction materials,
construction solutions, technical requirements at request of design consultants
or construction contractors while satisfying technical, aesthetic, quality,
progress, safety, environmental protection requirements according to signed
construction contracts satisfactory to regulations and law on construction
contracts and project objectives.
3. Closely
managing and using funding sources of projects for the right purposes;
preventing construction investment from exceeding total construction
investment, and guaranteeing project progress and effectiveness.
4. Performing
construction investment consultancy affairs if capable as per the law.
5. Providing
data of projects at request of regulatory agencies; cooperating or organizing
collection of cost management information data at request of regulatory agencies.
6. Advancing,
paying and settling contracts according to contracts signed with contractors.
7. Purchasing
structure insurance for structures prescribed by law or authorizing contractors
to purchase insurance via construction contracts.
8. Paying fine
from project management funding sources if imposed with penalties for
administrative violations in construction investment.
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1. Consulting
contractors shall have rights and obligations prescribed under consulting
contracts for management construction investment under Decree on elaborating to
management of construction investment projects and other relevant law
provisions.
2. Requesting investors
to provide information and data related to assigned consultancy tasks.
3. Being
responsible for contents, quality, progress of consultancy affairs under their
charge; providing project cost management information, data at request of
regulatory agencies and investors.
4. Having
their consultancy protected by intellectual property rights as per the law.
5. Refusing
requests of investors contradicting regulations and law
6. Paying
damages for failure to comply with regulations and law on management of
construction investment and contract infringement which damages investors.
Article 39.
Rights and obligations of construction contractors
1. Construction
contractors shall have rights and obligations prescribed under construction
contracts and other relevant law provisions.
2. Deciding
estimate norms, construction prices and other relevant costs when determining
bidding prices.
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4. Cooperating
with investors in organizing surveys to determine revised norms and new norms
during construction period (if any) according to Point a Clause 5 Article 21 of
this Decree.
5. Providing
data of projects at request of regulatory agencies; cooperating or organizing
collection data related to construction investment at request of regulatory
agencies.
6. Paying
damages for failure to comply with regulations and law on management of
construction investment and contract infringement which damages investors.
Chapter VIII
STATE MANAGEMENT FOR CONSTRUCTION INVESTMENT COST
Article 40.
Ministry of Construction
1. Being
responsible for unifying state management regarding construction investment
cost.
2. Providing
guidelines on contents, methods of determining, managing and controlling
construction investment cost, including: preliminary construction investment,
total construction investment cost, construction estimates, construction norms
and construction prices, construction investment rates, output price indices,
construction personnel unit price, construction machinery and equipment cost
per shift, construction quantity takeoff, conversion of construction investment,
construction investment consultancy costs.
3. Issuing construction norms;
publicizing construction investment rates, mixed construction prices, national
construction price indices, norms on depreciations and basic data to determine
machinery cost per shift. Organizing review on a regular basis, consolidating
norm review, revision results and issuing as per the law.
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5. Inspecting
compliance with regulations and law on management of construction investment.
Article 41.
Ministry of Planning and Investment
1. Taking
charge and cooperating with relevant entities in appraising origin and ability
to allocate capital for construction investment utilizing public investment
capital; consolidating and presenting mid-term and annual public investment
plans to Government, Prime Minister.
2. Organizing
supervision and assessment of investment, examining and inspecting projects utilizing
public investment capital as per the law.
Article 42.
Ministry of Finance
1. Regulating
management and use of revenues generated from project consultancy and
management affairs of investors and boards for management of projects utilizing
public investment capital.
2. Inspecting
payment and settlement of construction investment cost and completed projects.
Article 43.
Ministries having jurisdiction over specialized construction works and People’s
Committees of provinces
1. Ministries
having jurisdiction over specialized construction works
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b) Periodically review construction
norm system that they have issued and send new constructions norms, revised
construction norms to Ministry of Construction.
2. Ministry of National Defence
shall regulate methods of determining cost norms on clearing and disarming
mines, explosive ordnances after consulting Ministry of Construction.
3. People’s
Committees of provinces
a) Provide guidelines on preparing
and managing construction investment; examine implementation of regulations on
management of construction management cost in local administrative divisions;
b) Based on methods of determining
construction norms prescribed by Ministry of Construction, organize development
and issue construction norms for specific construction operations of local
administrative divisions;
c) Periodically review construction
norm system that they have issued and send new constructions norms, revised
construction norms to Ministry of Construction;
d) Publicize construction unit
price of local administrative divisions; publicize or decentralize, authorize
Departments of Construction to publicize output price indices; decentralize,
authorize Departments of Construction to publicize construction materials,
construction equipment, construction personnel unit price, construction
machinery and equipment cost per shift, construction machinery and equipment
rental;
dd) Allocate annual budget for
developing, issuing, publicizing information and data under Point b of this
Clause.
Chapter IX
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Article 44.
Transition clauses
1. For
construction investment presented for appraisal before January 1, 2021
according to Law on Construction 2014 without receiving appraisal results of
total construction investment before effective date hereof, appraisal affairs
shall continue according to Law on Construction 2014 and guiding documents;
subsequent management of construction investment cost shall conform to this
Decree.
2. Construction
investment projects with appraisal results of total construction investment
that have not been approved before the effective date of this Decree shall not
require another instance of appraisal; subsequent management of construction
investment shall conform to this Decree
3. For
construction investment projects approved before the effective date of this
Decree where none of the tasks in execution phase have been implemented (for
cases in which contractors who have not issued bidding documents, requesting
documents are required), subsequent management of construction investment shall
conform to this Decree.
4. For
construction investment projects approved before the effective date hereof
where one or several tasks in execution phase are being or have been
implemented, subsequent management of construction investment for tasks that
have not been implemented is as follows:
a) Details for appraisal and
entitlement for appraisal and approval of construction investment shall conform
to this Decree and Decree on elaborating to management on construction
investment;
b) Determination and management of
construction investment (other than those under Point a of this Clause) shall
conform to regulation and law on management of construction investment
applicable to the projects;
c) Transition of application and
reference of construction norms shall conform to Clause 5 of this Article.
5. Construction norms issued by
competent agencies shall continue to be applied to determine construction
investment according to regulations and law on management of construction
investment applicable to projects until norm systems under Points a and b
Clause 1 Article 22 of this Decree are issued by competent agencies and come
into effect.
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7. Methods of
determining construction investment issued before the effective date hereof
shall continue to be applied to projects whose tasks in preparation phase are
being implemented and projects under Clauses 1, 2, and 3 of this Article until
methods under Clause 2 Article 40 of this Decree come into effect.
8. Update of
construction investment according to construction norms, construction prices,
methods of determining construction prices issued by competent agencies and
coming into effect according to this Decree shall be implemented as follows:
a) Total construction investment
that has been approved or appraised does not require other instances of
appraisal or approval. Investors shall determine construction estimates
according to construction norms, construction prices, methods of determining
construction investment issued, publicized as per the law;
a) Construction estimates that have
been approved or appraised do not require other instances of appraisal or
approval.
c) Contract packages that have not
issued bidding documents, requesting documents before the date on which
construction norms, construction prices, methods of determining construction
investment are issued and coming into effect: investors shall update contract
package estimates to determine contract package values under approved plans for
selecting contracts to serve as the basis for selecting contractors as per
bidding laws;
d) For contract packages that have
issued bidding documents, requesting documents but have not closed the bidding,
investors shall consider and decide on update of contract package estimates to
determine contract package values to serve as the basis for selecting
contractors as per bidding laws. In case bid is closed: Comply with bidding
documents, written request, bid envelop, written suggestion; do not update
price of contract packages;
dd) If necessary, investment
deciders, investors shall decide on another instance of update, appraisal, approval
of total construction investment under Point a of this Clause; construction
estimates under Point b of this Clause within their competence;
e) In case another instance of
update, determination of total construction investment, construction estimates,
contract package value under Points c, d, and dd exceeds approved total
construction investment and/or construction estimates, appraisal and approval
of revised total construction investment, revised construction estimates shall
be implemented as per the law.
Article 45.
Organization for implementation
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2. Ministry of
Construction shall take charge and cooperate with relevant ministries in being
responsible for providing guidelines for implementation of this Decree.
Article 46.
Entry into force
This Decree comes into effect from
the date of signing and replaces Decree No. 68/2019/ND-CP dated August 14, 2019
of the Government on management of construction investment cost.
PP.
GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc