Thông tư 11/2012/TT-BXD

CIRCULAR

GUIDING THE CALCULATION AND MANAGEMENT OF CONSTRUCTION MAINTENANCE COSTS

Pursuant to the Government's Decree No. 17/2008/NĐ-CP dated February 04^th 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government's Decree No. 114/2010/NĐ-CP dated December 06^th 2012, on the construction maintenance;

At the proposal of the Directors of the Department of Construction Economics and the Institute of Construction Economics;

The Minister of Construction issue a Circular guiding the calculation and management of construction maintenance costs as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This Circular guides the calculation and management of the cost of the maintenance of constructions, construction items according to the requirements of the maintenance process; applicable to the organizations and individuals relevant to the management and use of constructions (owners or authorized persons) within the Vietnam’s territory.

Article 2. The construction maintenance costs

The cost of the construction maintenance includes:

1. The cost of the establishment, appraisal or inspection of the construction maintenance process;

2. The cost of construction maintenance planning (including the cost of the calculation, verification and inspection the construction maintenance costs);

3. The cost of regular, periodic, and irregular construction inspections;

4. The cost of the observation of the construction (if the observation is compulsory);

5. The cost of the construction preservation;

6. The cost of the construction quality assessment where necessary;

7. The cost of periodic and irregular building repairs;

8. The cost of the compilation and management of construction maintenance documents

The cost of the construction observation and quality assessment, depending on the maintenance requirements of the construction, may be included in the construction maintenance cost estimate according to Article 26 of the Government's Decree No. 114/2010/NĐ-CP dated December 06^th 2010 (hereinafter referred to as the Decree No. 114/2010/NĐ-CP)

Article 3. The rules for calculating construction maintenance costs

1. The construction maintenance costs calculated as guided in this Circular is the necessary payment for completing some or all the works within the construction maintenance process, in accordance with the prescribed methods and spendings, and suitable for the scale and design of the construction, the construction maintenance process, and other relevant conditions.

2. The workload as the basis for calculating the costs shall be determined based on the nature, characteristics, and duration of the works within the construction maintenance process, as guided in Article 4 of this Circular.

3. When calculating the cost of the maintenance works in Clause 4, Clause 6, Clause 7 Article 2 of this Circular, the announced construction norms and prices may be used.

When it is necessary to establish construction norms and prices for the new works, or adjust the announced construction norms and prices of the in order to suit the nature, characteristics, conditions, construction method, and the technical requirements for the maintenance works stated above, the owner or a person authorized by the owner shall organize the establishment or adjustment as the basis for cost calculation.

The application of the announced or adjusted construction norms and prices must comply with the current rules for establishing and managing construction norms and prices.

Chapter II

METHODS FOR CALCULATING CONSTRUCTION MAINTENANCE COSTS

Article 4. The methods for calculating construction maintenance costs

1. Calculating estimates according to \ workload and unit prices.

The estimate of the cost of the construction observation, periodic and irregular building repairs, and construction quality assessment, shall be made based on the workload according to the maintenance plan and the corresponding prices for each works.

2. Calculating based on the ratio (%).

This method is used for calculating the cost of the construction maintenance planning; regular, periodic, and irregular construction inspection; construction preservation; compilation and management of construction maintenance dossiers (hereinafter referred to as construction preservation costs)

Article 5. Calculating the construction maintenance cost

1. The cost of the establishment, appraisal, or inspection the construction maintenance process.

The cost of the establishment of the construction maintenance process is determined in the technical design cost (applicable to the construction that is designed in 3 steps, or the building drawing cost (applicable to the construction that is designed in 2 steps and 1 steps).

The cost of the appraisal or inspection of the construction maintenance process is determined in the cost of the appraisal or inspection of the construction design.

If the construction is being used without any construction maintenance process as prescribed in Article 15 of the Decree No. 114/2010/NĐ-CP the cost of the establishment and appraisal or inspection of the maintenance process shall be determined under the guidance of the Ministry of Construction on making estimates of the construction investment advisory cost.

2. The construction preservation costs (including the cost of the construction maintenance planning, the cost of the regular, periodic, and irregular construction inspection, the cost of the compilation and management of construction maintenance dossiers).

The construction preservation costs include the cost of monitoring and repairing minor damage (e.g. replacing extractor fans, filling pot-hole, replacing the concrete slab, replacing the valves, etc.), on the maintenance of equipment (except for the central air conditioning system and central gas system) installed in the construction (e.g. replacing the bolts, lubricating transformers, repairing local air conditioners) are calculated based on the ratio (%) in the Annex No. 1 enclosed with this Circular , compared to the construction cost and construction equipment cost (not including the technological equipment of the construction) at the investment rate of a construction in the same class and of the same kind at the time when the construction maintenance plan is made.

The cost of the maintenance of technological equipment of the construction (including the central air conditioning system and central gas system) shall be calculated based on the maintenance process of their providers.

3. The cost of the observation of the construction (if the observation is compulsory);

Determined under the guidance of the Ministry of Construction on the calculation and management of construction survey cost.

4. The cost of the construction quality assessment where necessary;

This cost is calculated under the current guidance of the Ministry of Construction the inspection, verification, and certification of the bearing capacity, and the certification of the conformity of the construction quality.

5. The cost of periodic and irregular building repairs;

The cost of the periodic building repairs (including medium and major repairs) shall be estimated according to the method of workload and prices. The estimate is made under the guidance of the Ministry of Construction on the calculation and management of the construction costs.

The cost of the periodic repairs and replacement of the technological equipment of the construction shall be calculated based on the maintenance process of their providers.

The cost of irregular building repairs is calculated in accordance with the Government's Decree No. 71/2005/NĐ-CP dated June 06^th 2005, on the special construction investment management.

The statement of construction maintenance costs is guided in Annex No. 2 enclosed with this Circular.

Chapter III

MANAGEMENT OF CONSTRUCTION MAINTENANCE COSTS

Article 6. The management of maintenance costs of the constructions funded by the State budget

1. The estimate of the cost of the periodic and irregular repairs of the construction and equipment that cost less than 500 million VND shall be made by the one or the authorization, in accordance with the contents in Point a Clause 4 Article 10 of the Decree No. 114/2010/NĐ-CP.

2. The periodic and irregular repairs of the construction and equipment that cost 500 million VND or more must be included in the technical-economic report, or the project of investment. The owner or authorized person shall make and submit them for appraisal and approval in accordance with the regulations on the construction investment management. The contents of the technical-economic report and project of investment must comply with current regulations.

3. The owner or authorize person must make and verify (if capable), or hire competent advisory organizations and individuals to make and verify the construction norms and prices that are added or adjusted according to Clause 3 Article 3 of this Circular, or verify the estimate of the construction maintenance costs before the owner or the authorized person approves it.

4. The owner or the authorized person is responsible for managing the budget for maintenance, and shall pay the maintenance costs based according to the contracts concluded with the organizations and individuals in charge of the construction maintenance.

5. The owners and authorized persons are encouraged to give legal authorization for the constructions not being funded by the State budget in order to ensure that the construction maintenance complies with the contents in Clause 1, Clause 2, and Clause 3 of this Article.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 7. Implementation organization

1. The owner shall make the construction maintenance process during the design stage, organize the appraisal or verification as the basis for the approval before the acceptance inspection and putting the construction into use.

The investors in the constructions of the projects that have not made the construction maintenance process must make, appraise, or inspect the construction maintenance process. The cost of these works shall be included in the construction investment advisory costs in the total investment of the project.

If the construction has been put into use without a construction maintenance process, the owner or authorized person shall make, appraise, and approval the construction maintenance process and costs.

2. After the construction is put into use, the owner or the authorized person shall make a maintenance plan according to the approved construction maintenance process and the annual construction maintenance costs, including the cost of periodic repairs according to the maintenance plan.

3. The budget for construction maintenance is specified in Article 19 of the Decree No. 114/2010/NĐ-CP.

4. The payment for the construction maintenance costs is specified in Article 20 of the Decree No. 114/2010/NĐ-CP.

Article 8. Effects

This Circular takes effect on February 01^st 2013.

Organizations and individuals are recommended to send feedbacks on the difficulties arising during the course of implementation to the Ministry of Construction for consideration and settlement.

ANNEX 1

(Enclosed with the Circular No. 11/2012/TT-BXD dated December 25^th of the Ministry of Construction)

THE RATIOS OF CONSTRUCTION PERSERVATION COSTS

The construction preservation costs (including the cost of the construction maintenance planning, the cost of the regular, periodic, and irregular construction inspection, the cost of the compilation and management of construction maintenance dossiers) is determined by the ratio of it to the building cost and equipment cost (excluding the technological equipment of the construction) at the investment rate of a construction of the same kind and in the same class at the time when the construction maintenance plan is made.

Unit: %

The owner or the authorized person shall decide the ratio based on the management, use, durability, kind, and class of the construction.

If the construction preservation costs determined based on the ratios above is not congruous to the actual condition of the maintenance, the owner shall adjust, or the authorized person shall request the owner to adjust the ratio as the basis for calculating the construction preservation costs.

ANNEX 2

(Enclosed with the Circular No. 11/2012/TT-BXD dated December 25^th of the Ministry of Construction)

STATEMENT OF CONSTRUCTION MAINTENANCE COSTS

Unit: .........

- Đm: Ratio (Provided in Annex 1).

- G_XDTB: Building cost and equipment cost of the construction (not including the technological equipment of the construction) calculated at the investment rate of a construction of the same kind and in the same class at the time when the construction maintenance plan is made.

- G_DP : Cost contingency 10%.