Nghị quyết 108/NQ-CP

RESOLUTION

ON TASKS AND SOLUTIONS FOR DIFFICULTIES IN IMPLEMENTATION OF DECREE NO. 68/2019/ND-CP ON MANAGEMENT OF CONSTRUCTION INVESTMENT EXPENDITURE

THE GOVERNMENT

Pursuant to Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 138/2016/ND-CP dated October 1, 2016 of Government on operating regulations of Government;

Pursuant to Decree No. 68/2019/ND-CP dated August 14, 2019 of Government on management of construction expenditure;

Pursuant to Resolution No. 84/NQ-CP dated May 29, 2020 of Government on tasks and solutions for dealing with difficulties in business operations, promoting disbursement of public investment and ensuring social order and safety during Covid-19 epidemic.

HEREBY RESOLVES:

On August 14, 2019, the Government promulgated Decree No. 68/2019/ND-CP on management of construction investment expenditure which entered into force from October 1, 2019 to replace Decree No. 32/2015/ND-CP. Decree No. 68/2019/ND-CP introduced new and innovative regulations on effective management to ensure that management of construction investment expenditure is implemented in a public, transparent, accurate and adequate manner according to the market; improve effectiveness of investment capital and prevent losses in construction investment. Decree No. 68/2019/ND-CP is an important part in the Scheme for “Completing construction norm and price system” approved by Prime Minister under Decision No. 2038/QD-TTg dated December 18, 2017.

After 9 over months of implementation, Decree No. 68/2019/ND-CP has achieved initial results: Circulars providing guidelines for the Decree have been adequately promulgated; over 16,000 estimate norms have been reviewed, updated, revised and promulgated for general implementation; 43 provinces and cities have developed and publicized personnel unit price; The remaining 20 provinces have developed documents guiding transition and organizing survey and development of personnel unit price in order to publicize locally; have been reviewing and promulgating specialized construction norms.

However, difficulties in determining and managing construction investment expenditure according to new regulations under Decree No. 68/2019/ND-CP have affected progress of projects and constructions, especially specialized constructions.

Primary causes are: (1) Certain ministries and local governments have not promptly directed and utilized resources for implementation to successfully accomplished assigned tasks namely: Have not reviewed norms for specialized and particular construction operations that have been previously publicized according to Decree No. 68/2019/ND-CP ; (2) Certain provinces have not investigated and surveyed to determine and publicize personnel unit price, cost per shift of machinery and construction equipment, investigation and survey operations must be delayed due to Covid-19 epidemic.

To promptly deal with difficulties in implementation of Decree No. 68/2019/ND-CP , and promote progress of projects and disbursement of public investment capital during Covid-19 epidemic while ensuring consistency of legislative document systems and compliance with regulations on management of construction investment expenditure of Decree No. 68/2019/ND-CP , the Government hereby resolves:

1. Specialized construction management ministries and People’s Committees of provinces must stringently direct and implement Decree No. 68/2019/ND-CP , instrument system regarding construction norms and price and promulgated Circulars guiding implementation of the Decree; organize implementation simultaneously, adequately, promptly and effectively of tasks assigned and decentralized under Decree No. 68/2019/ND-CP , to meet practical requirements:

a) Complete reviewing and promulgating construction norms before December 31, 2020 regarding specialized and particular affairs of ministries and local governments (other than affairs under norm systems promulgated by Ministry of Construction);

b) Publicize personnel unit price, cost per shift of construction machinery and equipment as specified under Decree No. 68/2019/ND-CP dated September 30, 2020 which shall serve as the basis for managing construction investment expenditure. During the period in which survey and statistic gathering are not implemented, People’s Committees of provinces shall provide guidelines for applying personnel unit price, cost per shift of construction machinery and equipment on the basis of currently available data according to Circulars providing guidelines for the Decree;

2. Regarding transition of applying construction norms for specialized and particular affairs that are not promulgated (other than norm systems promulgated by Ministry of Construction); personnel unit price, cost per shift of construction machinery and equipment in provinces and cities where guidelines and publicizing according to Decree No. 68/2019/ND-CP are not available, following points shall be interpreted as follows:

a) Regarding applying construction norms of specialized and particular affairs (other than norm systems promulgated by Ministry of Construction):

Persons deciding to invest, project developers and relevant entities may consult, utilize and apply currently available databases regarding norm systems publicized by competent authorities prior to effective date of Decree No. 68/2019/ND-CP or consult, utilize and apply norms of similar structures and projects to serve as the basis for identifying and managing construction investment expenditure. Norms to be consulted, utilized and applied must not exceed the norms that serve as the basis.

b) Regarding applying personnel unit price, cost per shift of construction machinery and equipment in provinces and cities where guidelines and publicizing according are not available:     

Persons deciding to invest, project developers and relevant entities may consult, utilize and apply guidelines for personnel unit price, cost per shift of construction machinery and equipment that are currently available in provinces and cities where constructions are implemented prior to the effective date of Decree No. 68/2019/ND-CP to determine and manage construction investment expenditure. Personnel unit price, cost per shift of construction machinery and equipment to be consulted, utilized and applied must not exceed the personnel unit price, cost per shift of construction machinery and equipment that serve as the basis.

3. Regarding updating construction cost estimates and cost of construction contract package according to construction norms for specialized and particular affairs once they are issued; personnel unit price, cost per shift of construction machinery and equipment once guidelines and publicizing are specified under Decree No. 68/2019/ND-CP , perform as follows:

a) In case total investment is appraised or approved by competent agencies: Persons deciding to invest, project developers and relevant entities shall determine construction cost estimates according to publicized personnel unit price, cost per shift of construction machinery and equipment; publicized norms for specialized and particular affairs; not update total investment that has been appraised or approved.

b) In case construction cost estimates (including cost estimates of structure construction and contract package) are appraised or approved by competent agencies and have not issued bidding documents and written request: Persons deciding to invest, project developers and relevant entities shall determine and update price of construction contract package according to publicized personnel unit price, cost per shift of construction machinery and equipment; publicized norms for specialized and particular affairs; not update construction cost estimates that has been appraised or approved.

c) In case bidding documents and written request have been issued but bid is not yet closed: Persons deciding to invest shall consider and decide on update price of contract package depending on norms of specialized and particular construction operations, personnel unit price, cost per shift of construction machinery and equipment on the basis of complying with bidding laws and time necessary for updating publicized norms, and personnel unit price, cost per shift of construction machinery and equipment shall be publicized prior to bid closing.

d) In case bid is closed: Comply with bidding documents, written request, bid envelop, written suggestion; do not update price of contract package that has been approved.

dd) In case updating construction cost estimates and price of construction contract package as specified under Points a and b of this Clause exceed approved total investment and construction cost estimates, appraisal and approval of revised total investment and construction cost estimates shall comply with Decree No. 68/2019/ND-CP .

4. Regarding entitlement to appraising and approving survey expenditure:

If necessary, persons deciding to invest may authorize project developers to appraise and approve survey expenditure to shorten the procedures on the basis of guaranteeing progress and effectiveness of the projects.

5. Regarding scope of appraising revised total investment, entitlement to appraising and approving expenditure on project preparation to prepare feasibility reports (including Economic-technical reports), technical designs, construction drawing design:

Assign Ministry of Construction to provide guidelines for implementation on the basis of reducing unnecessary procedures and facilitating progress of investment projects.

6. Implementation:

a) Ministers, heads of ministerial agencies, ministerial agencies, Chairpersons of People’s Committees of provinces shall directly command and be responsible to the Government and Prime Minister for implementation results of tasks and solutions under this Resolution.

b) Ministries, ministerial-level agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities, persons deciding to invest and project developers shall rely on assigned and decentralized tasks and functions to stringently and effectively implement this Resolution.

c) Ministry of Construction is responsible for guiding, monitoring and expediting implementation of the Resolution and promptly reporting to the Government and Prime Minister about difficulties that arise during implementation of this Resolution./.