Chương V Nghị định 10/2021/NĐ-CP: Chi phí quản lý dự án và tư vấn đầu tư xây dựng

Chapter V

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.

6. Total project management costs for investors and project management costs for project consultants and general contractors under Clauses 4 and 5 of this Article must not exceed project management costs determined and approved as per the law.

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);

h) Other relevant consultancy affairs.

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.

4. Cost estimates for hiring foreign consultants shall be appraised, presented to investment deciders for approval by specialized agencies affiliated to investment deciders. In case of projects decided on investment by Prime Minister, assign superior supervisory agencies of investors to organize appraisal and approval.

5. Methods of determining costs for hiring foreign consultants shall conform to regulations of Minister of Construction.