Chương VII Nghị định 10/2021/NĐ-CP: Quyền, nghĩa vụ và trách nhiệm của người quyết định đầu tư, chủ đầu tư, nhà thầu xây dựng trong quản lý chi phí đầu tư xây dựng

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;

At request of Minister of Construction;

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.

Article 3. Management principles of construction investment cost

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

Article 4. Determination, appraisal and approval of preliminary total investment

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;

d) Project management costs refer to costs necessary to organize management of implementation and implement management 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 30 of this Decree;

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;

d) Combination of methods under Points a, b, and c of this Clause.

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.

4. Determine total construction investment under Point b Clause 1 of this Article as follows:

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;

c) Conformance of total construction investment under Article 5 of this Decree to 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, 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.

6. Inspection serving appraisal of total construction investment shall comply with regulations on inspection serving project appraisal under Decree on elaborating to regulations on management of construction investment projects.

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

1. Costs for project preparation include costs for: construction survey; preparation and appraisal of construction investment pre-feasibility reports, approval of investment guidelines (if any); preparation and appraisal of construction investment feasibility reports, construction investment economic-technical reports and other necessary affairs related to project preparation.

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.

2. Construction estimates include: construction costs, equipment costs, project management costs, construction investment consultancy costs, other costs and backup costs. Costs above are elaborated under Points b, c, d, dd, e, and g Clause 2 Article 5 of this Decree, other than construction investment consultancy costs and other costs for the whole projects.

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;

d) VAT as per the law.

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

1. Appraisal of construction estimates shall be implemented together with appraisal of construction design implemented after fundamental design according to Decree on elaborating to regulations on management of construction investment projects.

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);

b) Results of finalization and addition of application for appraisal of construction estimates (if any) according to recommendations of agencies specialized in construction for cases in which construction estimates must be appraised by agencies specialized in construction under Clause 3 of this Article (if any) and explanation;

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.

8. Costs for organizations and individuals participating in appraisal shall be extracted from fees and charges for appraisal of construction estimates.

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.

4. In case revised construction estimates exceed approved estimates but not approved total construction investment, investors organize revision, report to investors for acceptance prior to approval.

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;

dd) Mixed contract package.

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.

3. Investors shall appraise and approve contract estimates under Point d Clause 2 Article 16 of this Decree. In case foreign consultants are hired, entitlement for appraisal and approval of estimates for contracts foreign consultants shall conform to Clause 4 Article 32 of this Decree.

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.

2. Basic norms include norms on use of materials, labor capacity, construction machinery and equipment capacity conforming to technical requirements, construction regulations, standards and are used to determine or revise estimate norms.

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.

Article 21. Determination of new estimate norms and revision of estimate norms for application in structures

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;

b) Norm determination results shall be sent to agencies specialized in construction to serve review and completion of construction norm systems under Article 20 of this Decree in order to be updated in database under Article 28 of this Decree.

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.

4. Ministries having jurisdiction over specialized construction works and People’s Committees of provinces shall review, update and issue estimate norms under Clause 6 Article 20 as follows:

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

Article 24. Construction prices

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

1. Ministry of Construction shall provide guidelines for determining construction prices, construction investment rates and publicize mixed construction prices, construction investment rates periodically.

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.

3. Development and issuance of output price indices shall be implemented as follows:

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;

b) Database on construction investment projects and construction contracts shall be collected via investigations, surveys or provided by organizations, individuals on the basis of cooperation, information sharing and periodic reporting regimes as per the law;

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.

Article 29. Management of database

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.

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.

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.

2. Investors or legal representatives thereof are responsible for value applied for payment under payment applications as per the law; agencies paying construction investment are not responsible for accuracy of value applied for payment under corresponding applications of investors or legal representatives thereof. If errors are found in payment applications during payment process, agencies paying construction investment shall inform investors or legal representatives thereof in writing for revision.

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.

8. For construction investment projects utilizing public investment capital, after the end of the fiscal year, the investors shall make annual settlements as prescribed by the Ministry of Finance.

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.

2. Regulating contract package value under plans for selecting contractors, types of contracts, forms of contracts.

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.

Article 38. Rights and obligations of consulting contractors for management of construction investment

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.

3. Proposing and reaching agreements with investors on construction norms and construction prices of additional affairs according to construction contracts conforming to regulations and law on management of construction investment.

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.

4. Taking charge organizing development, guidelines and operating database on construction norms, construction prices and output price indices.

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

a) Based on methods of determining construction norms prescribed by Ministry of Construction, organize development and issue construction norms for specific construction operations;

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

IMPLEMENTATION

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.

6. Construction price and output price index systems issued by competent agencies before the effective date hereof shall continue to be applied to determine construction investment until construction prices and output price index systems are publicized according to Articles 26 and 27 of this Decree. People’s Committees of provinces shall organize update and provide guidelines on using construction unit price when norm systems under Points a and Clause 1 Article 22 of this Decree are issued by competent agencies.

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

1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, heads of political organizations, socio-political organizations, socio-political-occupational organizations and relevant organizations, individuals are responsible for implementation of this Decree.

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.