Chapter III
CONSTRUCTION ESTIMATE
Section 1. CONSTRUCTION ESTIMATE
Article 8. Contents of construction estimate
1. The construction estimate is the expenditure necessary for construction that is determined during the project execution and conformable with the engineering design, construction drawing, and tasks of the construction.
2. Construction estimate consists of: construction costs, equipment costs, project management costs, construction consultancy, other costs, and cost contingency. Particularly:
a) Construction costs include direct costs, general costs, preliminary taxable income, VAT;
b) Equipment costs include cost of purchase of building equipment and technological equipment; cost of training and technology transfers; cost of installation, testing, calibration and relevant costs;
c) Project management costs include the costs prescribed in Clause 2 Article 23 of this Decree to serve project management from project preparation, project execution, construction completion and project inauguration;
d) Construction consultancy costs include costs of survey, engineering, construction supervision, and relevant consultancy costs;
dd) Other costs include costs of general and costs other than those prescribed in Points a, b, c, d of this Clause. Costs of general items include costs of construction temporary houses serving construction management at the site; cost of transporting building equipment and workers to and from the construction site; Occupational safety costs, cost of assurance of traffic safety during the construction process (if any), environmental safety costs for workers at the site and the surroundings, costs of recovery of areas and infrastructure affected by the construction (if any), cost of material testing of contractors and relevant costs related to the construction.
e) Cost contingency includes provision for additional quantity of works and contingency for cost escalation during the project execution.
3. The investor of a project that consists of multiple constructions may make a general construction estimate to serve cost management. The total construction estimate is the sum of construction estimate of each construction and relevant costs of the project.
Article 9. Determination of construction estimate
1. The construction estimate shall be determined on the basis of the quantity of works derived from the engineering design, construction drawing, technical instructions, required tasks of the construction, construction norms, and construction prices of the construction.
2. Costs in a construction estimate are determined as follows:
a) Construction costs include direct costs of materials, manpower, building equipment according to the quantity of construction works measured and calculated according to the engineering design, construction drawing, technical instructions, tasks of the construction, construction prices, general costs, preliminary taxable income, VAT determined according to the cost norms imposed or announced by competent authorities;
b) Equipment costs are determined according to the quantity, types of equipment of equipment system derived from the construction and technology design, and corresponding purchase prices. c) Costs of training, technology transfers, installation, testing, calibration, and relevant costs shall be determined according to a cost estimate;
c) Project management costs are determined in accordance with Clause 3 Article 23 of this Decree;
d) Construction consultancy costs are determined in accordance with Clause 3 Article 25 of this Decree;
dd) Other costs shall be determined by the percentage (%) or estimate or values of concluded contracts;
e) Cost contingency for additional quantity works is expressed as a percentage (%) of total amount of the costs mentioned in Points a, b, c, d, dd of this Clause. Contingency for cost escalation is determined according to the duration of project execution, capital allocation plan, and construction price indexes with due account taken of domestic and international price fluctuation.
Article 10. Appraisal and approval of construction estimate
1. Construction estimate shall be appraised concurrently with appraisal of engineering design and construction drawing.
2. Contents of construction estimate appraisal:
a) Inspect the consistency of the quantity of construction works, quantity and types of equipment in the estimate with those derived from the construction and technology design;
b) Inspect the legitimacy of the application of estimate norms, construction prices, and relevant regulations to determination of cost items of the construction estimate;
c) Determine the value of construction estimate after appraisal and propose a value of construction estimate for the competent authority to consider. Evaluate the increase, decrease of cost items; analyze the cause of such increase or decrease compared to the value of construction estimate that need approving.
3. The power to appraise, approve construction estimate is specified in the Decree on construction project management.
4. With regard to projects of national importance, projects of Group A, B, and C that apply complicated technologies or high technologies, construction authorities and the investment decider shall request the investor to select a advisory organization specialized in cost management consultancy that is qualified as prescribed in the Decree on construction project management to verify the construction estimate before it is submitted to a competent authority for approval.
5. The approved construction estimate is the basis for determining the contract value in the process of contractor selection, negotiation and conclusion of construction contracts in case of direct contracting. If the contract value in the contractor selection plan is determined according to the total investment, it shall be updated according to the construction estimate that is approved.
6. The application for estimate approval is part of the application for approval for engineering design, construction drawing, and construction estimate prescribed in the Decree on construction project management. The result of construction estimate appraisal shall be given using the form provided by the Ministry of Construction.
Article 11. Adjustment to construction estimate
1. An approved construction estimate shall be adjusted in the following cases:
a) The total construction investment is adjusted as prescribed in Article 7 of this Decree;
b) The design is changed in a way that is conformable with the fundamental design; the costs, including cost contingency, are adjusted without exceeding the total construction investment that was approved;
2. The adjusted construction estimate is the approved construction estimate plus (+) or minus (-) the increase or decrease. The increase or decrease must be verified as the basis for granting approval.
3. The investor shall determine adjustment to the construction estimate as the basis for adjusting contractual prices, contract value, and the total investment.
4. If the adjustment does not change the total value of construction estimate that was approved, including cost contingency, the investor shall make the adjustment.
5. The power to appraise, approve adjusted construction estimate is specified in the Decree on construction project management.
Section 2. CONTRACT ESTIMATES
Article 12. General regulations on contract estimates
1. The contract estimates shall be determined for each contract, suitable for the contractor selection plan, approved construction estimate, and done before selection of building contractors.
2. Contract estimates include: estimate of construction contract, estimate of procurement contract, estimate of construction consultancy contract, and estimate of mixed contract.
3. The investor shall determine, update, appraise, and approve contract estimates to replace construction contract value in the approved contractor selection plan, which is the basis for making bidding documents or request for proposals and for evaluation of building contractors.
4. Investors may hire cost management advisors that are qualified as prescribed in the Decree on construction project management to estimate, examine, control, and manage construction costs.
Article 13. Construction contract estimate
1. Construction contract estimate consists of necessary expenditures on construction, including the works, items, and constructions suitable for the scope of the construction contract. Contents of the construction contract estimate consist of building costs, cost of general items, and cost contingency.
2. The building costs shall be determined according to the quantity of works to be done and construction unit costs as follows:
a) The quantity of works include the quantity of construction works that are measured and calculated when determining building costs in the construction estimate and other updates determined according to the drawing or construction solution (if the construction or work requires a design or construction solution), technical instructions, and relevant technical requirements of the contract.
b) Construction unit costs are all the costs (including direct costs, general costs, preliminary taxable income, VAT) necessary for completing a corresponding unit of construction work of the contract. The construction unit costs are updated according to the unit prices of the construction estimate, suitable for market prices around the construction site, relevant policies of the State at the time of making the contract estimate, relevant technical requirements and technical instructions of the contract.
3. Costs of general items are determined according to the cost norms announced by competent authorities or according to cost estimates.
4. Cost contingency in the construction contract estimate is determined according to the ratios of costs in the contract estimate and the duration of contract execution. Nevertheless, the cost contingency shall not exceed the ratio of cost contingency in the approved construction estimate.
Article 14. Procurement contract estimate
1. Procurement contract estimate includes cost of purchase of building equipment and technological equipment; cost of training and technology transfers (if any); cost of installation, testing, calibration; cost of transport, insurance; taxes, relevant charges, and cost contingency.
2. Costs of equipment purchase are determined prescribed the quantity of equipment to be purchased and their unit prices as follows:
a) The quantity of equipment to be purchased in includes the quantity of equipment calculated in the construction estimate and additional quantity according to the construction and technology design, relevant technical requirements and technical instructions of the contract.
b) Unit prices of equipment include purchase prices of equipment, costs of transport, insurance, taxes, and relevant charges. Unit prices of equipment are determined according to the unit prices in the construction estimate, suitable for market prices around the construction site, relevant policies of the State at the time of making the contract estimate, relevant technical requirements and technical instructions of the contract.
3. Costs of installation, testing, calibration of equipment including the costs determined similarly to the construction contract estimate.
4. Cost contingency in the contract estimate is determined according to the ratios of costs in the contract estimate and the duration of contract execution. Nevertheless, the cost contingency shall not exceed the ratio of cost contingency in the approved construction estimate.
Article 15. Consultancy contract estimate
1. Consultancy contract estimate is the costs of one or some advisory works that suit the scope of the contract.
2. The contents of the consultancy contract estimate includes the costs of hiring experts, management costs, other costs, preliminary taxable income, taxes, and cost contingency. With regard to construction survey consultancy contracts and construction testing contracts, the contents of the contract estimate shall include the same costs as the construction contract estimate.
3. The consultancy contract estimate is made according to the consultancy costs in the construction estimate and update of additional quantities, policies of the State related to such costs (if any) at the time of making the estimate.
4. Cost contingency in the contract estimate is determined according to characteristics of the advisory works and the progress. Nevertheless, the cost contingency shall not exceed the ratio (%) of cost contingency in the construction estimate.
5. With regard to construction survey and engineering contracts of constructions of class II or above, the contract estimate also includes the cost of professional liability insurance for the consultants.
6. With regard to the consultancy contracts that must be done before the total construction investment and construction estimate is approved, the contract estimate shall be determined according to the amount of work to be done.
Article 16. Mixed contract estimate
1. The estimates of an engineering and construction contract (hereinafter referred to as EC contract) include the works prescribed in Article 15 and Article 13 of this Decree.
2. The estimate of a procurement and construction contract (hereinafter referred to as PC contract) includes the works prescribed in Article 14 and Article 13 of this Decree.
3. The estimate of an engineering, procurement, and construction contract (hereinafter referred to as EPC contract) includes the costs of engineering, procurement, and construction in the approved total construction investment of the project.
4. The estimate of a lump sum turnkey project (project planning, engineering, procurement, and construction) includes the costs in the total construction investment of the project prescribed in Points b, c, d, dd, e, g Clause 4 Article 4 of this Decree.
Tìm kiếm
Nghị định 32/2015/NĐ-CP (Bản Word)
Nghị định 32/2015/NĐ-CP (Bản Pdf)