Circular No. 01/2013/TT-BXD dated February 08, 2013 of the Ministry of Construction guiding the calculation and management of expenditures on construction planning and urban planning

THE MINISTRY OF CONSTRUCTION

Circular No.  01/2013/TT-BXD dated February 08, 2013 of the Ministry of Construction guiding the calculation and management of expenditures on construction planning and urban planning

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

Pursuant to the Decree No. 112/2009/ND-CP dated December 14, 2009 of the Government on management of work construction investment expenses;

Pursuant to the Decree No. 08/2005/ND-CP dated January 24, 2005 of the Government on construction planning;

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

At the request of the Director of Department of Construction Economics and the Director of Institute of Construction Economics;

The Minister of Construction issues a Circular to guide the calculation and management of expenditures on construction planning and urban planning.

Chapter I

GENERAL REGULATIONS

Article 1. Scope of regulation

This Circular guides the calculation and management of the expenditures on formulating, appraising construction planning and urban planning, including regional construction planning, general planning, zoning, detailed urban planning; urban technical infrastructure planning, rural construction planning.

Article 2. Subjects of application

1. The organizations and individuals funded by the State budget shall apply this Circular to the calculation and management of expenditures on construction planning and urban planning

2. The organizations and individuals fund by other sources are recommended to apply this Circular to the calculation and management of expenditures on construction planning and urban planning.

3. When using the State budget to hire foreign experts to give advice on construction planning and urban planning, the calculation and management of the expenditure on hiring foreign experts must comply with Article 7 of this Circular and other current relevant regulations.

Article 3. Rules of expenditure calculation and management

1. The expenditures on works according to the limits prescribed in this Circular are already inclusive of expenditure on collecting relevant documents; expenditure on stationery, expenditure on hiring experts; expenditure on depreciation; expenditure on management; expenditure on seeking opinions; expenditure on convention for approving planning project result; expenditure on training (provided for consultancy units); insurance (social insurance, health insurance, unemployment insurance, professional liability insurance), and pre-calculated taxable income, but exclusive of VAT. VAT shall be added when making the estimate of the planning project as prescribed by current regulations.

2. Estimates shall be made to calculate the expenditure of construction planning and urban planning works without limits.

3. If the scale of the planning project lies between the two scales prescribed in this Circular, the expenditure limits shall be calculated by interpolation. The planning projects of which the scales are greater than that prescribed I this Circular, the expenditure on making planning projects shall be determined in the estimates.

4. If this Circular is not suitable for calculating the expenditure on the special construction planning and urban planning works, the expenditure shall be determined in estimates.

Chapter II

CALCULATION OF EXPENDITURES ON MAKING CONSTRUCTION PLANNING AND URBAN PLANNING

Article 4. Calculating expenditure on making planning projects

1. Calculating expenditure on making construction planning project

a) The expenditure on making regional construction equals the expenditure limits in Table 1 (in the enclosed Annex), multiplied by the area.

b) The expenditure on making construction planning projects for rural residential areas:

- The expenditure on orienting the development of the rural residential neighborhood network and technical infrastructure in communes equal the expenditure limits in Table 2 (in the enclosed Annex), multiplied by the anticipated population over the planning period in the approved planning objective (or adjusted planning objectives).

- The expenditure on making general planning for architectural space and technical infrastructure of the commune centers and each residential neighborhoods in the commune equals the expenditure limits in Table 3 (in the enclosed Annex) multiplied by the planning area.

c) The expenditure on making general construction planning for special complexes (hi-tech zones, economic zones, resorts, industrial parks, and urban areas that have special functions) equals the expenditure limits in Table 4 (in the enclosed Annex), multiplied by the planning area.

d) The expenditure on making detailed construction planning for special complexes (hi-tech zones, economic zones, resorts, industrial parks, and urban areas that have special functions) equals the expenditure limits in Table 5 and Table 6 (in the enclosed Annex), multiplied by the planning area.

dd) The expenditure on making detailed planning for industrial parks equals the expenditure limits in Table 7 (in the enclosed Annex), multiplied by the planning area.

2. Calculating expenditure on making urban planning projects:

a) The expenditure on making general urban planning equals the expenditure limits in Table 8 (in the enclosed Annex) multiplied by the anticipated population in the planning period of the approved planning objectives (or adjusted planning objectives), not to mention the anticipated population according to the orientation).

b) The expenditure on making detailed urban zoning equals the expenditure limits in Table 9 (in the enclosed Annex), multiplied by the zoning area.

c) The expenditure on making detailed urban planning equals the expenditure limits in Table 10 (in the enclosed Annex), multiplied by the planning area.

d) The expenditure on specialized technical infrastructure planning of central-affiliated cities is the percentage in Table 11 (in the enclosed Annex) of the expenditure on making the corresponding general urban planning.

3. The expenditures on making the following planning projects are determined by making estimates:

a) Planning adjustment: the expenditure on planning adjustment shall be determined by making estimates based on the works, the scale, range, and extent of adjustment of the planning project.

Where comprehensive adjustment is necessary but the range of adjustment does not exceed the area and population of the approved planning, the expenditure on adjusting regional construction planning, general urban planning, and detailed urban planning must not exceed 70% of the expenditure on making the new corresponding planning; the expenditure on urban zoning must not exceed 50% of the expenditure on making a new corresponding planning.

If the range of adjustment exceeds the area and population of the approved planning, estimates shall be made for calculating adjustment expenditure.

If the comprehensive adjustment of planning project is complicated, the area and population exceed 30% of the approved scale, the adjustment expenditure in calculated similarly to the expenditure of a new planning project.

b) Making a separate urban design projects: the expenditure on making separate urban design projects must not exceed the limited expenditures on detailed urban planning on the scale of 1/500.

c) Making interregional, inter-provincial, inter-city specialized planning for technical infrastructure

d) Other construction planning and urban planning projects

4. The content of the estimates of the expenditure on making planning projects that must be calculated by making estimates is guided Part II of the Annex enclosed with this Circular. The estimate must be based on the planning objectives approved by competent authorities.

Article 5. Determining expenditures on establishing objectives, approving planning projects, managing the making of planning projects, and some other works

1. The expenditure on establishing planning objectives is calculated based on the percentage of the expenditure on making the corresponding planning project, specified in Table 12 (in the enclosed Annex).

2. The expenditure on appraising planning objectives equals 20% of the expenditure on establishing planning objectives.

3. The expenditure on appraising planning projects is calculated according to the percentage of the expenditure on making planning projects, specified in Table 12 (in the enclosed Annex). When opinions from State management agencies on the planning project is necessary, the expenditure on seeking opinions is extracted from the expenditure on appraising the planning project, equal to 20% of the expenditure on appraising the planning project.

4. The expenditure on the making of planning projects is calculated based on the percentage of the expenditure on making planning projects, specified in Table 12 (in the enclosed Annex). The expenditure on managing the formulation of local, interregional, or nationwide construction planning projects, and special urban planning projects, is calculated based on the limits, and adjusted with coefficient K = 2.

5. If the opinions from the community on the planning project is necessary, the expenditure on seeking opinions shall be determined by making estimates, but it must not exceed 2% of the expenditure on making the corresponding planning project.

6. The expenditure on announcing a planning project determined by making estimates, but it must not exceed 3% of the expenditure on making the corresponding planning project.

7. The expenditure on making the planning model is calculated based on the expenditure limits in Table 13 (in the enclosed Annex) multiplied by the area of each planning model.

Article 6. Other relevant expenditures

1. The expenditure on making a planning project according to the limits in this Circular does not include the expenditure on the following works:

a) Establishing planning objectives.

b) Construction surveys serving the making of planning.

c) Purchasing or making topographical maps to serve the making of the planning project.

d) Other works that serve the making of planning projects.

2. The expenditure on managing the making of a planning project according to the limits in this Circular does not include the expenditure on the following works:

a) Hiring advisory organizations or consultants, and holding seminars (if any).

b) Seeking opinions on the planning project from the community (if any).

c) Putting land marks according to the planning.

d) Announcing the approved planning project.

e) Other works serving the management of the planning project formulation.

3. The expenditures on the works above shall be determined by estimates in accordance with this Circular, or other current regulation and guidance.

Article 7. Determining the expenditure on hiring foreign consultants on making construction planning and urban planning

1. The expenditure on hiring foreign consultants on construction planning and urban planning shall be determined by estimates in accordance with the regulations on hiring foreign consultants on construction in Vietnam. The expenditure on hiring foreign consultants to establishing objectives, make construction planning and urban planning projects is determined as follows:

a) When hiring both Vietnamese and foreign consultants to establishing objectives and make planning projects in cooperation: the expenditure on hiring foreign consultants must not exceed 2 times of the expenditure prescribed in this Circular. The expenditure on hiring Vietnamese consultants must not exceed the limits prescribed in this Circular.

b) When hiring only foreign consultants to establish objectives and make planning projects: the expenditure on hiring foreign consultants must not exceed 3.5 times of the limits prescribed in this Circular.

2. When the expenditure on hiring foreign consultants to establish objectives, make construction planning and urban planning projects determined in accordance with this Circular is not suitable, it must be reported to the Ministry of Construction for guidance.

Chapter III

MANAGING EXPENDITURES ON MAKING CONSTRUCTION PLANNING AND URBAN PLANNING

Article 8. Calculating expenditure on making planning scheme

1. The organizations and individuals assigned to manage the budget for making planning are responsible for the thrifty and efficient expenditure management. The consultant on making planning is responsible for managing the expenditure on making planning in accordance with the contract, and for paying the planning maker in proportion to the completed products in order to contribute to the improvement of the planning project quality.

2. The expenditure on hiring consultants on making planning projects shall be managed in the contract. The planning project contract is made based on the selection of contractors, negotiation result, and contract conclusion. The content of planning project making contract must comply with the relevant regulations on contracts, in which the contractual prices, the basis for adjusting contractual prices (if any), the times of advance payment, contractual payment, and products to be done must be specified.

3. The agency in charge of the management of planning formulation making is responsible for the management of the expenditure on making planning according to the contract and relevant regulations.

Article 9. Managing the expenditures related to the making of planning projects

1. The expenditure on the management of planning formulation is the limits on expenditures of all activities of the agency in charge of the management of planning formulation. The agency in charge of the management of planning formulation is responsible for managing these expenditures in accordance with relevant regulations. In case the management of planning project formulation is special, if the expenditure on managing the planning project formulation determined based on the expenditure limits prescribed in this Circular is not suitable, the agency in charge of the management of planning formulation shall make and send the expenditure estimate to competent authorities for approval.

2. For the expenditures on establishing planning objectives:

a) The expenditures on planning objectives performed by State management agencies shall be determined by making estimates according to the financial management mechanism applicable to State management agencies when performing these tasks.

b) The expenditure on hiring consultants on establishing planning objectives is determined based on the contract for planning objective establishment;

3. The expenditures on appraising planning projects are managed according to the approved estimates. The payment of the expenditure on appraising planning projects must comply with relevant regulations of competent authorities.

Article 10. Authority to approve planning expenditure estimates

The agencies authorized to approve the estimates of expenditures on establishing planning objectives and making planning projects are the agencies that approve planning projects, or entrusted agencies.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 11. Transitional regulations

1. The payment for all planning objectives must comply with the signed contracts. When the contract allows the prices to be adjusted when the State changes the expenditure limits, the relevant parties must determine the completed works on the effective date of this Circular to adjust the expenditures.

2. For the works given during negotiations while contracts are not concluded, the agencies authorized to approve expenditures on making planning projects shall decide the application in accordance with this Circular.

Article 12. Effects

This Circular takes effect on April 01, 2013, and supersedes the Circular No. 17/2010/QD-BXD dated September 30, 2010 of the Ministry of Construction, guiding the calculation and management of expenditures on construction planning and urban planning.

Organizations and individuals are recommended to report the difficulties arising during the course of implementation to the Ministry of Construction for consideration and amendment./.

For the Minister

Deputy Minister

Tran Van Son