Thông tư 20/2019/TT-BXD

Circular No. 20/2019/TT-BXD dated December 31, 2019 providing instructions on determination and management of construction and urban planning costs

Nội dung toàn văn Circular 20/2019/TT-BXD determination and management of construction and urban planning costs


MINISTRY OF CONSTRUCTION
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No. 20/2019/TT-BXD

Hanoi, December 31, 2019

 

CIRCULAR

PROVIDING INSTRUCTIONS FOR DETERMINATION AND MANAGEMENT OF CONSTRUCTION AND URBAN PLANNING COSTS

Pursuant to the Government's Decree No. 81/2017/ND-CP dated July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 37/2010/ND-CP dated April 7, 2010 on formulation, evaluation, approval and management of urban planning schemes;

Pursuant to the Government's Decree No. 44/2015/ND-CP dated May 6, 2015 elaborating on certain construction planning contents;

Pursuant to the Government’s Decree No. 72/2019/ND-CP dated August 30, 2019 on amendments and supplements to several articles of the Decree No. 37/2010/ND-CP dated April 7, 2010 on formulation, evaluation, approval and management of urban planning schemes and the Decree No. 44/2015/ND-CP dated May 6, 2015 elaborating on several construction planning contents;

Upon the request of the Director of the Construction Economics Department,

Minister of Construction hereby promulgates the Circular providing instructions on determination and management of construction and urban planning costs.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides instructions on determination and management of construction and urban planning costs, including district or inter-district planning; urban planning (e.g. master, zonal, detailed and specialized technical infrastructure planning); functional zone planning (e.g. master, zonal, detailed planning); rural planning (e.g. commune master, rural sub-cluster detailed planning).

Article 2. Subjects of application

1. This Circular shall apply to entities and persons using state budget, non- or extra-budgetary funds for determination and management of construction and urban planning costs.

2. Entities and persons using other funds are encouraged to apply regulations laid down herein in order to determine and manage construction and urban planning costs.

Article 3. Costing principles

1. Construction and urban planning costs need to be computed in an accurate and sufficient manner to the extent that they are matched with the scales of planning schemes (sometimes briefly called plan(s)), characteristics, properties and requirements of products created by performing specific planning activities.

2. Construction and urban planning costs determined according to instructions given herein may be used for estimating and managing costs, testing or appointing contractors in order to find out those qualified to execute planning contracts in conformance to laws.

3. Costs of formulation of construction and urban planning projects and schemes (hereinafter referred to as planning project(s) and scheme(s)) must be aligned with planning duties, schedules and quality requirements in accordance with regulations in force. Planning scheme formulation costs may be considered for any necessary adjustment to be made if there is any change in regulatory taxation and payroll policies on experts that directly affect planning scheme formulation costs, or duration of implementation of planning schemes are extended through no fault of scheme development units, entities authorized to approve estimates of costs of formulation of planning schemes shall be responsible for considering and adjusting planning scheme formulation costs. Planning scheme formulation costs must be adjusted to ensure that these costs are matched with used funds, contract forms and regulations laid down in relevant laws.

Chapter II

DETERMINATION OF CONSTRUCTION AND URBAN PLANNING COSTS

Article 4. Methods for determination of construction and urban planning costs

1. Costs of planning scheme formulation and other planning activities shall be calculated according to norms annexed hereto. If costs of planning activities calculated according to norms stipulated herein have not yet included value added taxes, the value added taxes must be charged in the process of estimation of construction and urban planning costs in accordance with regulations in force.

2. If the size of a planning scheme falls within the range of two size values specified in an Appendix hereto, the norm (or ratio (%)) of cost of a planning scheme shall be determined on the basis of the norm (or ratio (%)) of cost which is an upper bound and lower bound of this range as provided in this Circular according to the following interpolation formula:

Where:

- Nt: Norm of cost (or ratio (%)), unit: million dong (or %);

- Gt: Planned population or land size; unit: value;

- Ga: Planned population or land size which is a lower bound of the size value to be calculated; unit: value;

- Gb: Planned population or land size which is an upper bound of the size value to be calculated; unit: value;

- Na: Norm of cost (or ratio (%)) corresponding to Ga, unit: million dong (or %);

- Nb: Norm of planning cost corresponding to Gb, unit: million dong (or %).

3. Norms of construction and urban planning costs of planning schemes of which sizes are smaller than those specified herein may be determined by the norm of construction and urban planning costs of the planning scheme having the least prescribed size.

4. If planning schemes have sizes greater than the prescribed size value; or include planning tasks of which prescribed norms of costs have not been set, or of which norms of costs are inappropriate, their planning costs shall be estimated. Contents of cost estimates shall follow instructions given in Appendix No. 2 hereto. Estimate of costs of formulation of planning schemes shall be made on the basis of planning projects approved by competent authorities.

Article 5. Determination of costs of formulation and evaluation of planning schemes

1. Contents of planning schemes and products created from implementation of these planning schemes shall be regulated in Decrees elaborating on several details about construction planning, Decrees on formulation, evaluation, approval and management of urban development plans, and other relevant specialized Decrees as well as instructional documents thereof.

2. Costs of formulation of a planning scheme shall comprise payments to persons involved in formulation of that planning scheme and other expenses (e.g. purchase of materials, data, maps, office supplies, planning software (if any), depreciation of equipment, travel, accommodation, seminars, conferences and others (if any)).

3. Costs of formulation of a planning scheme calculated according to norms specified herein shall not include costs paid for performing the following activities:

a) Preparing planning projects.

b) Conducting construction surveys necessary for planning scheme formulation.

c) Purchasing or drawing topographic maps necessary for formulation of a planning scheme (if any).

4. Costs of formulation of planning schemes of certain kinds prescribed herein shall be calculated as follows:

a) Costs of formulation of a district or inter-district construction plan are calculated on the basis of the land and population size of a target area and norms of costs specified in Table No. 1 - Appendix No. 1.

b) Costs of formulation of an urban master plan are calculated on the basis of land size, urban type and population density of the target area according to norms of costs shown in Table No. 2 – Appendix No. 1.

c) Costs of formulation of an urban zoning plan are calculated on the basis of land size and norms of costs shown in Table No. 3 – Appendix No. 1.

d) Costs of formulation of an urban detailed plan are calculated on the basis of land size and norms of costs shown in Table No. 4 – Appendix No. 1.

dd) Costs of formulation of a particular urban design scheme are equal to estimated costs, but not 1.5 times greater than costs falling within the norms of costs of the 1/500-scale detailed urban planning scheme which has land size similar to the land size of the urban design scheme.

e) Costs of formulation of a technical infrastructure specialized plan of a centrally-affiliated city are estimated and distributed into specific works, but do not exceed ratios (%) of costs specified in Table No. 5 – Appendix No. 1 to costs of formulation of the respective urban master planning scheme.

g) Costs of formulation of a master plan for construction of functional zones are calculated on the basis of land size and norms of costs shown in Table No. 6 – Appendix No. 1.

h) Costs of formulation of a zoning plan for construction of functional zones are calculated on the basis of land size and norms of costs shown in Table No. 7 – Appendix No. 1.

i) Costs of formulation of a detailed plan for construction of functional zones are calculated on the basis of land size and norms of costs shown in Table No. 8 – Appendix No. 1.

k) Costs of formulation of a master plan for construction of communes are calculated on the basis of the population size projected according to the planning term specified in the approved planning project (exclusive of visionary population projection) and norms of costs shown in Table No. 9 – Appendix No. 1.

l) Costs of formulation of a detailed plan for construction of rural sub-clusters are calculated on the basis of land size and norms of costs shown in Table No. 10 – Appendix No. 1.

m) Costs of formulation of an underground spatial plan and other construction plan are defined in estimates.

5. Costs of adjustment in a planning scheme shall be calculated according to the following specific regulations:

a) In case of partial adjustments in a planning scheme, based on works affected by these adjustments, these costs may be estimated, but not 50% greater than costs of formulation of the similar new one.

b) If complete adjustments in the approved planning scheme are made to the extent that the land or population size after being adjusted does not exceed the approved one, costs of adjustments in the planning scheme may be estimated, but not 80% greater than costs of formulation of the similar new one.

If the land or population size after being adjusted exceeds the approved one, costs of adjustments in the planning scheme shall not be 100% greater than costs of formulation of the similar new one.

6. Costs of a planning scheme subject to the requirement under which the geographic information system (GIS) must be used for preparing planning documentation may be adjusted with the factor K = 1.1.

7. Costs of evaluation of a planning scheme refer to direct expenditures on evaluation activities, including direct payment of remunerations to internal and external persons and entities participating in evaluation; seminars, workshops or meetings aimed at giving opinions to units involved in evaluation; cooperation with other units in conducting on-site surveys.

Costs of evaluation of a planning scheme shall be calculated according to norms of ratios (%) of costs shown in Table No. 11 – Appendix No. 1 to costs of formulation of that scheme. Costs of hiring of organizations or experts (including foreign organizations or experts) giving comments on planning schemes and costs of on-site surveys (if any) as part of the process of evaluation of these schemes may be determined by making estimates which include supplementary costs other than costs of evaluation of construction planning schemes calculated according to norms (%) shown in Table No.11.

Article 6. Determination of costs of formulation and evaluation of planning projects

1. Contents of planning projects shall be regulated in Decrees elaborating on several details about construction planning, Decrees on formulation, evaluation, approval and management of urban development plans, and other relevant specialized Decrees as well as instructional documents thereof.

2. Costs of formulation of planning projects shall be determined as follows:

a) Costs of formulation of a district or inter-district construction planning project are calculated on the basis of the land and population size of a target area and norms of costs specified in Table No. 1 - Appendix No. 1.

b) Costs of formulation of an urban master planning project are calculated on the basis of land size, urban type and population density of the target area according to norms of costs shown in Table No. 2 – Appendix No. 1.

c) Costs of formulation of an urban zoning project are calculated on the basis of land size and norms of costs shown in Table No. 3 – Appendix No. 1.

d) Costs of formulation of an urban detailed planning project are calculated on the basis of land size and norms of costs shown in Table No. 4 – Appendix No. 1.

dd) Costs of formulation of a particular urban design project are equal to estimated costs, but not 1.5 times greater than costs falling within the norms of costs of the 1/500-scale detailed urban planning scheme which has land size similar to the land size of an urban design scheme.

e) Costs of formulation of a technical infrastructure specialized planning project of a centrally-affiliated city are estimated and distributed into specific works, but do not exceed ratios (%) of costs specified in Table No. 5 – Appendix No. 1 to costs of formulation of the respective urban master planning project.

g) Costs of formulation of a master planning project for construction of functional zones are calculated on the basis of land size and norms of costs shown in Table No. 6 – Appendix No. 1.

h) Costs of formulation of a zoning project for construction of functional zones are calculated on the basis of land size and norms of costs shown in Table No. 7 – Appendix No. 1.

i) Costs of formulation of a detailed planning project for construction of functional zones are calculated on the basis of land size and norms of costs shown in Table No. 8 – Appendix No. 1.k) Costs of formulation of a master planning project for construction of communes are calculated on the basis of the population size projected according to the planning term specified in the approved planning project (exclusive of visionary population projection) and norms of costs shown in Table No. 9 – Appendix No. 1.

l) Costs of formulation of a detailed planning project for construction of rural sub-clusters are calculated on the basis of land size and norms of costs shown in Table No. 10 – Appendix No. 1.

m) Costs of formulation of other planning projects shall be calculated by making estimates.

3. Costs of evaluation of planning projects shall be defined as 20% of costs of formulation of planning projects.

Article 7. Determination of administrative costs of planning and several other operations

1. Administrative costs of construction planning services are those costs paid for planning activities by regulatory bodies in charge of administering planning processes, including experts, officers working according to the dual employment regime, seminars, workshops, business travel, office supplies and stationery and other activities necessary for performing administrative works related to planning activities in accordance with regulations of legislation on management of collection and regime for payment of costs.

2. Administrative costs for planning activities shall be calculated according to the ratio (%) of these costs to costs of formulation of planning schemes. Norms of administrative costs for planning operations shall be determined as shown in Table No. 11 – Appendix No. 1. If formulation of a construction planning scheme in use within a region or interconnected region, and formulation of a master plan for development of a special city, are put under administrative, administrative costs for planning operations shall be computed according to norms and may be adjusted with the factor K = 2.

3. Administrative costs of planning operations shall be determined according to norms, excluding costs paid for the following works:

a) Hiring organizations and/or experts giving comments on planning schemes or organizing workshops in which comments on planning schemes are given.

b) Conducting polls to collect contributed opinions on planning schemes from entities and representatives from different communities (if any).

c) Installing boundary marks on site according to planning schemes.

d) Publicizing approved planning schemes.

e) Hiring entities or persons offering counsels on formulation and evaluation of planning cost estimates.

g) Holding tests to select organizations qualified for offering counsels on formulation of planning schemes (if any).

h) Performing other activities necessary for administration of formulation of planning schemes.

4. Costs paid for polling entities and representatives from different communities are calculated by making estimates, but do not exceed 2% of costs of formulation of the planning scheme in question provided that such costs are not less than 5,000,000 dong (Five million dong).

5. Costs paid for publicizing a planning scheme are calculated by making estimates, but do not exceed 3% of costs of formulation of the planning scheme in question provided that such costs are not less than 5,000,000 dong (Five million dong).

6. Costs paid for production of planning models are calculated according to norms of costs shown in Table No. 12 – Appendix No. 1 and are multiplied by model size values.

7. Costs paid for holding tests to select counseling organizations qualified for formulation of planning schemes (if any) shall be calculated by making cost estimates according to instructions given in Appendix No. 2.

Article 8. Determination of costs of hiring of foreign entities or persons offering counsels on formulation of planning schemes

1. Costs of hiring of organizations or persons offering counsels on formulation of planning schemes shall be calculated by making cost estimates on condition that these costs do not exceed the following costs:

a) If a domestic organization offering counsels is hired to preside over cooperating with foreign counselors for formulation and planning projects and schemes, costs of hiring of domestic counseling organizations and foreign counselors shall not be 1.5 times more than costs of formulation of planning projects and schemes calculated in accordance with this Circular.

b) If a domestic consulting organization is hired as a presiding entity and another foreign consulting organization is hired as a cooperating entity for formulation of planning projects or schemes, costs of hiring of domestic counseling organization and foreign consulting organization shall not be 2.5 times more than costs of formulation of planning projects and schemes calculated in accordance with this Circular.

c) If a foreign consulting organization is hired to perform all of activities related to formulation of planning projects and schemes, costs of hiring of foreign consulting organizations shall not be 3.5 times more than costs of formulation of planning projects and schemes calculated in accordance with this Circular.

2. If foreign counseling organizations are hired to take part in formulation of planning projects and schemes with complicated and special characteristics and requirements, and costs of such hiring for planning schemes are determined by making cost estimates according to instructions given herein, but norms of costs of hiring of foreign counseling organizations exceed those specified in clause 1 of this Article, entities accorded authority to approve planning cost estimates shall have to report to entities accorded authority to approve planning schemes before making decisions on approval of cost estimates in accordance with regulations.

Chapter III

MANAGEMENT OF CONSTRUCTION AND URBAN PLANNING COSTS

Article 9. Management of planning costs and other costs associated with formulation of planning schemes

1. Entities tasked with administering planning operations shall be responsible for reducing and efficiently using planning and other associated costs in accordance with relevant regulations.

2. Administrative costs for planning operations are limits on costs of operations of entities taking control of planning processes. During the process of management of costs, entities tasked with managing planning operations may hire counseling organizations and individuals qualified and having experience in formulation and evaluation of planning cost estimates.

3. If planning projects are formulated by state regulatory authorities, costs of formulation of planning projects shall be administered under regulations on financial regimes for state regulatory authorities.

4. Costs of evaluation of planning schemes shall be put under administration according to approved cost estimates. Payment of costs of evaluation of planning schemes must be made according to regulations of relevant laws.

Article 10. Authority over evaluation and approval of planning cost estimates

1. Entities authorized to approve planning schemes or other entities accorded authority shall take charge of evaluation and approval of estimates of costs of formulation of planning projects and schemes, and other costs paid for planning activities.

2. Ministry of Construction, Ministries and People’s Committees of provinces and centrally-affiliated cities shall be authorized to take charge of evaluation and approval of estimates of costs paid for formulation of planning projects and schemes, and other costs paid for planning-related activities with respect to planning schemes that they are authorized to take charge of formulating under the approval-granting authority of the Prime Minister.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 11. Transitional provisions

1. As for planning activities performed under contracts already in effect, payment of planning costs must be subject to terms and conditions of these contracts.

2. As for planning activities with cost estimates already approved, if selection of contractors formulating plans has not yet taken place or has been completed, but negotiations with selected contractors before finalization of agreements are underway, entities authorized to approve planning cost estimates shall consider making decisions whether this Circular is applied.

3. In cases which are not covered in clause 1 and 2 of this Article, planning costs shall be calculated under the provisions of this Circular.

Article 12. Entry into force

This Circular shall enter into force from March 10, 2020, replacing the Circular No. 05/2017/TT-BXD dated April 5, 2017 of the Ministry of Construction on instructions about determination and administration of construction and urban planning expenses.

In the course of implementing this Circular, if there is any difficulty or query that arises, persons and entities may send feedbacks to the Ministry of Construction to seek its decisions on possible solutions./.

 

 

PP. MINISTER
DEPUTY MINISTER




Bui Pham Khanh

 

 

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