Thông tư 17/2010/TT-BXD

CIRCULAR

GUIDING THE DETERMINATION AND MANAGEMENT OF EXPENSES FOR CONSTRUCTION PLANNING AND URBAN PLANNING

Pursuant to the Government's Decree No. 17/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the. National Assembly of the Socialist Republic of Vietnam's Construction Law No. 16/2003/QH12 of November 26, 2003;
Pursuant to the National Assembly of the Socialist Republic of Vietnam's Law No. 38/2009/ QH12 of June 13, 2009, Amending and Supplementing a Number of Articles of Laws Concerning Work Construction Investment;
Pursuant to the National Assembly of the Socialist Republic of Vietnam's Urban Planning Law No. 30/2009/QH12 of June 17, 2009;
Pursuant to the Government's Decree No. 08/ 2005/ND-CP of January 24. 2005, on construction planning;
Pursuant to the Government's Decree No. 37/ 2010/ND-CP of April 7, 2010, on the elaboration, appraisal, approval and management of urban planning;
The Ministry of Construction guides the determination and management of expenses for construction planning and urban planning as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the determination and management of expenses for the elaboration, appraisal and approval of construction planning and urban planning including regional construction planning; general planning; zoning planning; detailed planning; rural residential point construction planning and specialized technical infrastructure planning.

Article 2. Subjects of application

1. Organizations and individuals using state budget funds for construction planning and urban planning shall apply the provisions of this Circular to determine and manage expenses.

2. Organizations and individuals using non-state budget funds for construction planning and urban planning are encouraged to apply the provisions of this Circular to determine and manage expenses.

3. When using state budget funds to hire foreign consultants to elaborate construction planning and construction planning, expenses for hiring foreign consultants should be determined and managed under current regulations.

Article 3. Principles of determination of planning expenses

1. Expenses for construction planning and urban planning determined according to expense norms published in this Circular are necessary expense levels for fulfilling all jobs of elaborating planning tasks and making, appraising and approving, and managing the elaboration of, construction plans and urban plans. The contents of these jobs and products to be completed comply with the Construction Law, the Urban Planning Law and guiding documents.

2. For construction planning and urban planning tasks for which expense norms are not published yet. expense estimates shall be elaborated for these tasks.

3. For specific construction planning and urban planning tasks, if construction planning and urban planning expenses determined according to expense norms published in this Circular are inappropriate, expense estimates shall be made for these tasks.

4. In case the scope of a plan lies in the middle between two scopes published in this Circular, the deductive method may be used to determine expense norms. For a plan with a scope larger than the scope published in this Circular, expenses for elaborating such plan shall be determined by estimation.

5. For construction planning and urban planning for mountainous and island regions, their expenses shall be calculated according to published norms adjusted by coefficient K = 1.2.

6. Expenses for making plans calculated according to published expense norms cover such expenses as: expense for collection of relevant documents; expense for stationery; expense for consultants, expense for machine and equipment depreciation; administration expense, expense for meetings to adopt results of making plans; professional training expense; social insurance; health insurance; unemployment insurance; professional liability insurance and pre-calculated taxable income exclusive of value-added tax. When determining expense estimates for making plans according to published norms, value-added tax should be added under current regulations.

Chapter II

DETERMINATION OF PLANNING EXPENSES

Article 4. Determination of expenses for making plans

1. Expenses for making plans of different types:

a/ Expenses for making regional plans calculated according to expense norms published in Table 1 - Appendix to this Circular, multiplied by area of the planned region. These expenses already include expenses for strategic environmental assessment of the plans;

b/ Expenses for making construction plans for rural residential points:

- Expenses for elaborating orientations for the development of networks of rural residential points and technical infrastructure systems in communes calculated according to expense norms published in Table 2 - Appendix to this Circular, multiplied by population size of the planning year;

- Expenses for formulating general planning on architectural space and technical infrastructure of commune centers and each residential point in communes calculated according to expense norms published in Table 3 - Appendix to this Circular, multiplied by area of the planned region. In case of planning construction of new rural communes, expenses therefor shall be determined by estimation.

c/ Expenses for formulating general plans for construction of hi-tech parks, economic zones, tourist resorts and urban centers with special functions calculated according to expense norms published in Table 4 - Appendix to this Circular, multiplied by area of the planned region;

d/ Expenses for formulating detailed plans for construction of industrial parks calculated according to expense norms published in Table 5 -Appendix to this Circular, multiplied by area of the planned region;

e/ Expenses for making regional urban plans calculated according to expense norms published in Table 6 - Appendix to this Circular, multiplied by the planned population size of the planning year already approved. These expenses already include expenses for urban designing and strategic environmental assessment of the plans;

f/ Expenses for making urban zoning plans calculated according to expense norms published in Table 7 - Appendix to this Circular, multiplied by area of the planned zone. These expenses already include expenses for urban designing and strategic environmental assessment of the plans;

g/ Expenses for making detailed urban plans calculated according to expense norms published in Table 8 -Appendix to this Circular, multiplied by area of the planned zone. These expenses already include expenses for urban designing and strategic environmental assessment of the plans;

h/ Expenses for adjustment of construction plans and urban plans must not exceed 85% of expenses for making corresponding plans.

2. Expenses for making the following plans shall be determined by estimation:

a/ Expenses for construction plans for functional zones (such as plans for building sites of heritage, plans for construction of relic conservation areas...);

b/ Expenses for formulating specialized technical infrastructure plans for centrally run cities (not exceeding 30% of corresponding general planning);

c/ Urban designs of certain urban areas requiring a separate plan (not exceeding 60% of corresponding general planning);

d/ Other construction and urban planning tasks.

3. Determination of expenses for elaborating planning tasks, appraisal of plans and management of planning operations:

a/ Expenses for elaborating construction and urban planning tasks shall be calculated according to percentages % published in Table 9 - Appendix to this Circular, multiplied by expenses for making corresponding plans;

b/ Expenses for appraising construction and urban plans shall be calculated according to percentages % published in Table 9 - Appendix to this Circular, multiplied by expenses for making corresponding plans;

c/ Expenses for managing construction and urban planning operations shall be calculated according to percentages published in Table 9 -Appendix to this Circular, multiplied by expenses for making corresponding plans. In case of management of construction planning operations involving a region, inter-regions or for the whole country or urban planning for special urban centers, expenses therefor shall be determined according to published norms adjusted by coefficient K = 2;

d/ Expenses for publishing construction and urban plans shall be determined by estimation but must not exceed 5% of expenses for making corresponding plans.

Article 5. Determination of other expenses related to the making of plans

1. Expenses for elaborating construction and urban plans calculated according to norms published in this Circular do not cover those for the following jobs:

a/ Conducting geological and geo-physical surveys for planning work:

b/ Purchasing or making topographical maps for making plans;

c/ Hiring consultancy organizations and consultants to give feedback on construction and urban planning tasks and plans (if any);

d/ Placing boundary markers in the field according to planning;

e/ Publishing approved plans;

f/ Other jobs serving planning work.

2. Expenses for performing the above jobs shall be determined by estimation or under regulations and guidance of slate management agencies.

Article 6. Determination of expenses for making planning mock-ups

1. Expenses for making construction and urban planning mock-ups shall be determined according to expense norms published in Table 10 - Appendix to this Circular, multiplied by area of each mock-up.

2. Expenses for making planning mock-ups shall be determined according to published expense norms corresponding to prescribed quality of materials for making mock-ups. In case materials for making construction or urban planning mock-ups must be of higher quality than prescribed quality, expenses for making these mock-ups shall be determined by estimation as appropriate.

Article 7. Guidance on estimation of expenses

Expenses for construction and urban planning jobs for which there are no published norms yet shall be estimated under the guidance in Part II in the Appendix to this Circular. Estimates shall be determined on the basis of the approved outlines of planning jobs. Competent to approve such outlines and estimates are plan-approving persons, except the case specified in Clause 2 of this Circular.

Chapter III

MANAGEMENT OF PLANNING EXPENSES

Article 8. Management of expenses for making plans

1. Expense estimates shall be elaborated by agencies managing the planning process, which shall manage these expenses according to relevant regulations.

2. Expenses for hiring consultants to make construction and urban plans shall be managed through planning consultancy contracts. Planning consultancy contracts shall be established on the basis of results of consultant selection and contract negotiation and conclusion. Such contract must contain details as prescribed by relevant contract laws, including clear provisions on contract price and price adjustment, number of advance payments and final payment, contract adjustment (if any) and output products.

3. For expenses for adjusting construction and urban plans, agencies managing the plan-making operations shall, along with planning consultancy organizations, determine and agree on the extent of adjustment as a basis for determining plan adjustment expenses as appropriate-

Article 9. Management of other expenses related to the making of plans

1. Expenses for managing planning operations serve as expense limits for activities of agencies managing the planning process, which shall manage these expenses under relevant regulations. For cases in which management of the making of a plan has specific requirements and expenses for such management are inappropriate if determined according to norms published in this Circular, the agency managing planning operations shall make expense estimates and submit them to competent authorities for approval.

2. Expenses for elaborating planning tasks;

a/ For planning tasks performed by state management agencies, expenses shall be determined by estimation according to the financial management mechanism applicable to such state management agencies;

b/ In case of hiring consultancy units to elaborate planning tasks, expenses for such hiring shall be determined through planning task elaboration contracts.

3. Expenses for appraising plans shall be managed according to approved estimates. Payment of these expenses must comply with relevant regulations of competent authorities.

Article 10. Competence to approve planning expense estimates

1. Competent to approve expense estimates for the elaboration of planning tasks referred to in this Circular are persons approving plans.

2. For plans elaborated by the Ministry of Construction and approved by the Prime Minister, the Ministry of Construction shall approve planning expenses. If the People's Committees of provinces or centrally run cities organize the making of plans to be approved by the Prime Minister, these People's Committees shall approve planning expense estimates.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 11. Transitional handling

1. Planning jobs currently performed under planning contracts, if performed and completed before the effective date of this Circular, will comply with the provisions of promulgated documents, not this Circular.

2. For planning jobs in the course of negotiation, not yet concluded, persons competent to approve plans shall decide whether to apply the provisions of this Circular.

Article 12. Effect

This Circular takes effect on November 15, 2010, and replaces the Construction Minister's Decision No. 15/2008/QD-BXD of November 17, 2008, promulgating norms of construction planning expenses.

Any problems arising in the course of implementation should be reported to the Ministry of Construction for study and settlement.

APPENDIX

(To the Construction Ministry's Circular No. 17/2010/TT-BXD of September 30, 2010)

Part I

EXPENSE NORMS FOR CONSTRUCTION PLANNING AND URBAN PLANNING

I. EXPENSE NORMS FOR MAKING CONSTRUCTION PLANS

I.1. EXPENSE NORMS FOR MAKING REGIONAL CONSTRUCTION PLANS

Table 1. Expense norms for making regional construction plans:

Notes:

1. Expense norms in Table I are set for making regional construction plans within the administrative boundary of a province or centrally run city (provincial region) or a district (district area). In case of making regional construction plans beyond the boundary of a province or centrally run city or a district, the above norms shall be adjusted with coefficient K as follows:

2. Expense norms in Table 1 correspond to the population density under a regional construction plan with a population density of between 500 and 1,000 people per km2. When the population density of a regional construction plan is different from this population density, expenses shall be adjusted with coefficient K as follows:

+ Population density > 1,500 people/km²: K = 1.2

+ Population density > 1,000 - 1.500 people/km²: K = 1.1

+ Population density > 200 - < 500="">²: K = 0.8

+ Population density ≤ 200 people/km²: K = 0.6

3. Expense for strategic environmental assessment for a regional construction plan accounts for 12% of the expense norm published in Table 1.

4. Contents, requirements and product quantity of regional construction plans comply with the Construction Law, the Decree on construction planning and guiding documents.

I.2. EXPENSE NORMS FOR MAKING CONSTRUCTION PLANS FOR RURAL RESIDENTIAL POINTS

Table 2. Expense norms for elaborating orientations for development of networks of rural residential points and technical infrastructure systems in communes:

Table 3. Expense norms for master plans on architectural space and technical infrastructure of commune centers and each rural residential point in communes:

Notes:

1. Rural residential point planning covers planning of orientations for development of networks of rural residential points, technical infrastructure systems in communes and master plans on architectural space and technical infrastructure of commune centers and each residential point in communes.

2. Contents, requirements and product quantity of rural residential point construction plans comply with the Construction Law. the Decree on construction planning and guiding documents,

I.3. EXPENSE NORMS FOR MAKING GENERAL PLANS ON CONSTRUCTION OF HI-TECH PARKS, ECONOMIC ZONES, TOURIST RESORTS AND URBAN CENTERS WITH SPECIAL FUNCTIONS

Table 4. Expense norms for general planning on hi-tech parks, economic zones, tourist resorts and urban centers with special functions:

Notes:

1. When it is necessary to make general plans on construction of industrial or cottage-industry parks (clusters), expense norms for making these plans shall be adjusted with coefficient K = 0.55 compared to those in Table 4.

2. Expense for strategic environmental assessment for a general plan for the construction of industrial or cottage-industry parks (clusters) accounts for 11% of the expense norm published in Table 4.

3. Contents, requirements and product quantity of general plans on industrial or cottage-industry parks (clusters) comply with the Construction Law, the Decree on construction planning and guiding documents.

I.4. EXPENSE NORMS FOR MAKING DETAILED PLANS FOR THE CONSTRUCTION OF INDUSTRIAL PARKS

Table 5. Expense norms or making detailed plans for the construction of industrial parks:

Notes:

1 Expense norms in Table 5 are set for expenses for making l:500-seale detailed plans for the construction of industrial parks.

2. Expense for strategic environmental assessment for a detailed plan for the construction of industrial parks accounts for 10% of the expense norm published in Table 5.

II. EXPENSE NORMS FOR MAKING URBAN PLANS IU. EXPENSE NORMS FOR MAKING GENERAL PLANS

Table 6. Expense norms for making general plans for centrally run cities, provincial cities, towns and townships:

Notes;

1. Expense norms in Table 6 already cover expenses for urban designing and for strategic environmental assessment of general plans of centrally run cities, provincial cities, towns and townships, in which expense for strategic environmental assessment accounts for 11% of expense norms published in Table 6.

2. Contents, requirements and product quantity of general plans for centrally run cities, provincial cities, towns and townships comply with the Urban Planning Law, the Decree on construction planning and guiding documents.

II.2. EXPENSE NORMS FOR MAKING ZONING PLANS

Table 7. Expense norms for making zoning plans:

Notes:

1. Expense norms in Table 7 are set for expenses for making 1:2,000-scale zoning plans for areas within cities and towns. In case of making 1:5,000 zoning plans for areas within cities and towns, expense norms for making these plans shall be adjusted with coefficient K = 0.7 compared to those published in Table 7.

2. Expense norms in Table 7 already cover expenses for urban designing and for strategic environmental assessment of zoning plans, in which expense for strategic environmental assessment accounts for 10% of expense norms published in Table 7.

3. Contents, requirements and product quantity of zoning plans comply with the Urban Planning Law, the Decree on construction planning and guiding documents.

II.3. NORMS OF EXPENSES FOR MAKING DETAILED PLANS

Table 8. Expense norms for making detailed plans:

Notes:

1. Expense norms in Table 8 are set for expenses for making 1:500-scale detailed plans.

2. Expense norms in Table 8 already cover expenses for urban designing and for strategic environmental assessment of detailed plans, in which expense for strategic environmental assessment accounts for 10% of norms of expenses published in Table 8.

3. Contents, requirements and product quantity of detailed plans comply with the Urban Planning Law, the Decree on construction planning and guiding documents.

III. EXPENSE NORMS FOR A NUMBER OF JOBS RELATED TO THE PROCESS OF MAKING PLANS

Table 9. Expense norms for a number of jobs deter mined in percentages of expenses for making plans

IV. EXPENSE NORMS FOR MAKING PLANNING MOCK-UPS

Table 10. Expense norms for milking planning mock-ups

Notes:

1. Area for determining expenses for making planning mock-ups according to expense norms published, in Table 10 is the area of the planning mock-up.

2. Expense norm for making planning mock-up in Table 10 corresponds to mock-ups made of quality materials including timber, plywood, sponge, plaster, mica, decals, color paint...

Part II

GUIDANCE ON EXPENSE ESTIMATION

1. Formula for determining expense estimates:

Ctv = Ccg + Cql + Ck + TN + VAT + Cdp

In which:

+ Ctv: Expense for planning job for which an expense estimate needs to be made.

+ Ccg: Consultant expense.

+ Cql: Management expense.

+ Ck: Other expenses.

+ TN: Pre-calculated taxable income.

+ VAT: Value-added tax.

+ Cdp: Contingency expense.

2. Methods of determining expense items of an estimate:

a/ Consultant expense (Ccg): to be determined according to the number of consultants and their working time and salaries.

- The number of consultants (including engineers, architects, specialists, technicians...) shall be determined according to specific requirements of each type of planning job, requirements on progress of performance, professional qualifications of each type of consultant... The projected number and types of consultants and working time of each specialist shall be staled in the outlines of planning jobs. These outlines must comply with the contents and scope of each job for which expense estimate needs to be made, and may be elaborated either by investors or consultancy units hired by investors and approved by competent authorities.

- Consultant salary covers salary, social insurance, health insurance and unemployment insurance premiums and other salary allowances (if any) to be determined as follows:

+ In case a consultancy unit has not yet been identified: To be based on average salary of domestic consultants performing consultancy packages prescribed or announced by the State.

+ In case a consultancy unit has been identified: To be based on actual salaries of consultants in financial statements already audited or certified by a tax office or superior finance agency or in similar contracts performed in the latest year by the consultant organization and annual inflation rates.

b/ Management expense (Cql) is expense related to salaries of the management unit, expense for maintaining operation of the consultancy organization, expense for working office and expense for professional liability insurance of consultants... Management expense shall be determined to be equal to between 45% and 55% of consultant expense.

c/ Other expenses (Ck) include expense for purchase of documents, data and maps, stationery (paper, ink, pens...), planning software (if any); expense for equipment depreciation; expense for consultant travel; expenses for meetings and workshops and other expenses (if any).

+ Expense for purchase of documents, data and maps, stationery (paper, ink, pens...), planning software (if any): to be based on actual needs of planning work for these articles.

+ Equipment depreciation expense: to be based on the needs for, quantity and use time of necessary equipment and prevailing market prices of equipment.

+ Expenses for meetings and workshops: To be based on actual needs of work according to current regulations.

+ Other expenses: To be determined according to actual requirements of each type of job.

d/ Pre-calculated taxable income (TN): To be determined to be equal to 6% of (consultant expense + management expense + other expenses).

e/ Value-added tax (VAT): To be determined according to regulations.

f/ Contingency expense (Cdp) is expense for arising jobs in the process of planning, which must not exceed 10% of all of above expenses.

SUMMARY OF PLANNING EXPENSE ESTIMATES