Circular No. 05/2017/TT-BXD dated April 5, 2017 of the Ministry of Construction guiding determination and management of costs associated with construction planning and urban planning

THE MINISTRY OF CONSTRUCTION

Circular No. 05/2017/TT-BXD dated April 5, 2017 of the Ministry of Construction guiding determination and management of costs associated with construction planning and urban planning

Pursuant to the Government s Decree No. 62/2013/ND-CP dated June 6, 2013, 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 7th 2010 on the formulation, appraisal, approval, and management of urban planning;

Pursuant to the Government s Decree No. 44/2015/ND-CP dated May 6, 2015 on guidelines for construction planning;

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

The Minister of Construction issues a Circular to guide the determination and management of costs associated with construction planning and urban planning.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Circular provides guidelines for determination and management of costs associated with construction planning and urban planning, including: regional planning, urban master plan, urban zoning plan, detailed plan; urban infrastructure planning, particular-function zone planning and rural planning.

Article 2.Subject of application

1. This Circular applies to organizations and individuals financed by the State budget and/or extrabudgetary funds for the purposes of determining and managing costs associated with construction planning and urban planning.

2. The organizations and individuals funded by other sources are recommended to apply this Circular to determine and manage costs associated with construction planning and urban planning.

Article 3. Rules for determining costs

1. The costs associated with construction planning and urban planning shall be calculated accurately and sufficiently and in conformity with characteristics, nature, and requirements pertaining to each kind of planning work.

2. Cost standards are quoted in Appendix enclosed with this Circular for the purposes of reference and use in the determination and management of costs associated with construction planning and urban planning. If the scale of the planning project (hereinafter referred to as plan) lies between the two scales prescribed in this Circular, the cost standards shall be determined according to the interpolation method.

3. The cost estimation shall apply to the case of making a construction plan or an urban plan of which the scale is greater than that mentioned in this Circular or of which the respective cost standards prescribed in this Circular are neither available nor appropriate.

Chapter II

DETERMINATION OF COSTS ASSOCIATED WITH CONSTRUCTION PLANNING AND URBAN PLANNING

Article 4. Determining costs associated with making plans

1. The cost to be determined according to cost standards associated with making construction plan and urban plan (hereinafter referred to as making plan) quoted in this Circular shall include expenses deemed necessary to make the plan. VAT shall be included in the cost associated with making the plan according to prescribed cost standards.

2. Costs associated with making a plan shall be determined as follows:

a) The cost associated with making a regional plan shall be determined according to the area and population density of the planning region and the cost standards in Table 1 (in the enclosed Annex).

b) The cost associated with making an urban master plan shall be determined according to anticipated population size in planning period of the approved planning objectives (excluding anticipated population according to orientation) and the cost standards in Schedule 2 of Appendix 1.

c) The cost associated with making an urban zoning plan shall be determined according to the area and the cost standards in Schedule 2 of Appendix 1.

d) The cost associated with making an urban detailed plan shall be determined according to the area and the cost standards in Schedule 4 of Appendix 1.

dd) The cost associated with making a specific urban design plan shall be determined by cost estimation but not exceeding 1.5 of the cost rate determined according to cost standards applied to an urban detailed plan with the scale of 1/500 and equivalent area of the urban design plan.

e) The cost associated with making an infrastructure plan of a central-affiliated city is determined according to the rate (%) in Schedule 5 of Appendix 1 in comparison with respective cost associated with making an urban master plan.

g) The cost associated with making a master plan of a particular-function zone shall be determined according to the area and the cost standards in Schedule 6 of Appendix 1.

h) The cost associated with making a zoning plan of a particular-function zone shall be determined according to the area and the cost standards in Schedule 7 of Appendix 1.

i) The cost associated with making a detailed plan of a particular-function zone shall be determined according to the area and the cost standards in Schedule 8 of Appendix 1.

k) The cost associated with making a master plan of a commune shall be determined according to anticipated population size in planning period of the approved planning objectives (excluding anticipated population according to orientation) and the cost standards in Schedule 9 – Appendix 1.

l) The cost associated with making a detailed plan of the rural residential area shall be determined according to area and the cost standards in Schedule 10 of Appendix 1.

3. The cost associated with making adjustments to a plan shall be determined by cost estimation, in particular:

a) In case of adjusting a part of the plan: the cost shall be determined according to the work to be adjusted.

b) In case of making comprehensive adjustment is necessary but the range of adjustment does not exceed the scope of area and population size of the approved plan, the cost associated with adjusting the regional construction plan, urban master plan, and urban detailed plan must not exceed 70% of the cost associated with making a corresponding new plan; the cost associated with adjusting urban zoning must not exceed 50% of the cost associated with making a corresponding new plan.

If the range of adjustment exceeds the scope of area and population size of the approved plan, the maximum cost amount associated with adjusting the plan shall not exceed 100% of cost associated with making a corresponding new plan.

4. The cost associated with making an urban underground space plan; an interregional, interprovincial, interurbanized infrastructure plan and other types of construction plan shall be determined by cost estimation.

5. Any plan to be made of which the cost is determined by cost estimation shall conform to guidelines prescribed in Appendix 2. The estimates shall be made according to planning objectives approved by the competent authorities.

Article 5. Determining costs associated with establishing objectives, appraising objectives, appraising plans, managing the making of plans, and some other tasks

1. The cost associated with establishing planning objectives is determined based on the percentage of the cost associated with making a corresponding plan, specified in Schedule 11 of Appendix 1.

2. The cost associated with appraising planning objectives equals 20% of the cost associated with establishing planning objectives.

3. The cost associated with appraising a plan is determined according to the percentage of the cost associated with making a plan; the cost associated with hiring an organization or a specialist (including a foreign organization or specialist) in charge of criticizing the plan serving the plan appraisal (if any) shall be determined by cost estimation of additional expenditures other than those on appraising the construction plan according to the percentage specified in Schedule 11.

4. The cost associated with managing the making of the plan is determined based on the percentage of the cost associated with making the plan. The cost standards associated with managing the making of the plan shall be determined according to Schedule 11 of Appendix. The cost associated with managing the making of a local, interregional plan or of a master plan of a special urban area plan, is determined based on the standards, and adjusted with coefficient K = 2.

5. The cost associated with consultation with relevant agencies, organizations, and representatives of residential areas shall be determined by cost estimation provided it does not exceed 2% of the cost associated with making a new corresponding plan.

6. The cost associated with making public a plan shall be determined by cost estimation provided it does not exceed 3% of the cost associated with making a corresponding plan.

7. The cost associated with making the planning model is determined based on the cost standards in Schedule 12 of Appendix 1 multiplied by the area of each planning model.

Article 6. Determining other relevant costs

1. The cost associated with making a plan according to the standards in this Circular does not include the cost associated with the following tasks:

a) Establishing planning objectives.

b) Construction surveys serving the making of plan.

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

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

2. The cost associated with managing the making a plan according to the standards in this Circular does not include the cost associated with the following tasks:

a) Hiring an organization or a specialist in charge of criticizing the plan or holding a seminar on criticizing the plan, if any.

b) Hold consultations with agencies, organizations, and representatives of residential areas on the plan, if any.

c) Putting land marks according to the planning.

d) Making public the approved plan.

e) Hire an organization or a person in charge of making and assessing planning expenditure estimates.

g) Other tasks serving the management of making the plan.

3. The cost associated with carrying out tasks prescribed in Points 1 and 2 of this Article shall be determined by cost estimates (according to guidelines in Appendix 2) or in accordance with relevant regulations and guidelines.

Article 7. Determining the cost associated with hiring foreign consultants on making plans

The hiring of foreign consultants on making plan shall be consistent with the regulations on hiring foreign consultants on construction in Vietnam. The cost associated with hiring foreign consultants to make planning shall be determined by cost estimation provided not exceeding the following cost amount:

1. If a Vietnamese consulting organization and a foreign consulting specialist is hired to engage in cooperation in making a plan and establishing planning objectives: the cost associated with hiring Vietnamese and foreign consultants must not exceed 1.5 of respective cost standard prescribed in this Circular.

2. If a Vietnamese consulting organization and a foreign consulting organization is hired to engage in cooperation in making a plan and establishing planning objectives:  the cost associated with hiring Vietnamese and foreign consulting organizations must not exceed 2.5 of the respective cost standard prescribed in this Circular.

3. If a foreign consulting organization is hired to carry out the whole task of making of plan and planning objectives: the cost associated with hiring the foreign consulting organization must not exceed 3.5 of the respective cost standard prescribed in this Circular.

Chapter III

MANAGING COSTS ASSOCIATED WITH MAKING CONSTRUCTION PLANNING AND URBAN PLANNING

Article 8. Calculating cost associated with making planning scheme

1. The agency assigned to manage the making of plan is responsible for the thrifty and efficient expenditure management and costs associated with other tasks relating to the making of planning. During the cost management process, the agency assigned to manage the making of plan is entitled to hire a consulting organization/individual eligible for making and assessing the planning cost estimates.

2. The cost associated with hiring consulting organization/individual on making planning projects shall be managed in accordance with an agreement.  The agreement on making planning is made based on the selection of contractors, negotiation result, and contract conclusion.  The content of agreement on making planning 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 assigned to manage the making of planning is responsible for the management of the cost associated with making planning according to the contract and relevant regulations.

Article 9. Managing the costs associated with the making of plans

1. The cost associated with management of making planning is the cost standards applied to all activities carried out by the agency assigned to make planning. The agency assigned to manage the making of planning is responsible for managing these expenditures in accordance with relevant regulations.

2. If the planning objectives are established by a competent authority, the cost associated with establishing these objectives shall be determined by cost estimation and managed as prescribed in financial mechanism applied to the competent authority.

3. The cost associated with appraising a plan is managed according to the approved estimates.  The payment of the cost associated with appraising the plan must comply with relevant regulations of competent authorities.

Article 10. Authority to approve planning expenditure estimates

1. The agencies authorized to approve the estimates of costs associated with establishing planning objectives and making planning projects are the agencies that approve planning projects, or entrusted agencies.

2. The Ministry of Construction, the People’s Committees of provinces and central-affiliated cities shall appraise and approve cost estimates for establishing planning objectives, making plans and expenses associated with other tasks relating to making planning approved by the Prime Minister.

Chapter IV

IMPLEMENTATION

Article 11. Transitionalprovisions

1. The payment for cost associated with making planning in accordance with the agreement must comply with the signed agreement.

2. For tasks of making planning over which selection of bidders is held and the negotiation of agreement is initiated, the agency authorized to approve costs associated with making the plan shall decide the application of regulations provided herein to determine the agreement value.

3. For the tasks relating to making planning of which the cost estimates are approved but the selection of bidders has not been held, the agency authorized to approve costs associated with making the plan shall be decide the application of regulations provided herein to make cost adjustments, if necessary.

Article 12.Effect

This Circular takes effect on June 01, 2017.

Circular No. 01/2013/TT-BXD dated February 2, 2013 of the Ministry of Construction on guidelines for determination and management of costs associated with construction planning and urban planning shall be annulled from the effective date of this Circular.

Any difficulties arising in the course of implementation of this Circular should be reported to the Ministry of Construction for consideration.

For the Minister

The Deputy Minister

Nguyen Dinh Toan

Appendices attached with the Circular No. 05/2017/TT-BXD dated April 5, 2017 of the Ministry of Construction

APPENDIX 1: PLANNING COST STANDARDS

1. 1.1. Cost standards associated with making regional plans

Schedule 1. The cost standards associated with making regional plans

Note:

a) The cost standards at Schedule 1 provides for making regional plans in scope of administrative boundary of a province or central-affiliated city (provincial area) and a district (district area).  In case where the making of a regional plan is not within boundary of a province or central-affiliated city or a district, the cost standards shall be adjusted with coefficients K as follows:

b) Cost standards at Schedule 1 are provided correspondingly to the population density of regional planin regions with population density from:  500 to 1000 people per km². When the population density of regional plan is different from this population density, the cost standards shall be adjusted with coefficients K as follows:

+ Population density > 1500 people per km2:                    K = 1.2

+ Population density > 1000 -1500 people per km2:                    K = 1.1

+ Population density >200 - <500 people per km2:                    K = 0.8

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

c) The cost standards at Schedule 1 provides for making regional plans in scope of administrative boundary of a province or central-affiliated city (provincial area) and a district (district area).  In case of making a particular-function zone plan, the cost standards shall be adjusted with coefficients K = 1.2. In case of making a construction plan along a route, the cost standards shall be adjusted with coefficients K = 1.0.

2. The cost standards for making urban plan

2.1. The cost standards for making urban master plan

Schedule  2. The cost standards for making the urban master plan

Note: Cost standards associated with making the urban master plan under the cost standards specified in Schedule 2 has included costs associated with urban design and strategic environment assessment of the plan.

2.2. The cost standards associated with making the urban zoning plan (scale 1/2000)

Schedule 3. The cost standards associated with making the urban zoning plan (Scale 1/2000)

Note:

a) In case of making the urban zoning planat scale of 1/5000, cost standards for making this project type are adjusted with coefficient k = 0.7 in comparison with cost standards specified in Schedule 3.

b) Cost standards associated with making the urban zoning plan under the cost standards specified in Schedule 3 has included costs associated with urban design and strategic environment assessment of the plan.

2.3. The cost standards for making the urban detailed plan (scale 1/500)

Schedule 4. The cost standards for making the urban detailed plan (scale 1/500)

Note: Cost standards associated with making the urban detailed plan under the cost standards specified in Schedule 4 has included costs associated with urban design and strategic environment assessment of the plan.

2.4 The cost standards associated with making infrastructure plan of central-affiliated cities

Schedule 5. The cost standards associated with making infrastructure plan of central-affiliated cities

3. The cost standards associated with making particular-function zone plans

3.1. The cost standards associated with making master plan of particular-function zones

Schedule 6. The cost standards associated with making master plan of particular-function zones

Note:

a) In case where it is required to make a master plan of industrial or handicraft complexes (clusters), cost standards for making this plan are adjusted with coefficient k = 0.55 in comparison with cost standards specified in Schedule No. 6.

b) In case of making a master plan of economic zone, hi-tech zone, technical infrastructure, the cost standards shall be adjusted with K = 1.2 in comparison with cost standards specified in Schedule 6.

c) Cost associated with making plan under the cost standards specified in Schedule 6 has included cost associated with strategic environment assessment.

3.2. The cost standards associated with making zoning plan of particular-function zones

Schedule 7. The cost standards associated with making zoning plan of particular-function zones

Note: Cost associated with making plan under the cost standards specified in Schedule 7 has included cost associated with strategic environment assessment.

3.3. The cost standards associated with making detailed plan of particular-function zones

Schedule 8. The cost standards associated with making detailed plan of particular-function zones

Note: Cost associated with making plan under the cost standards specified in Schedule 8 has included cost associated with strategic environment assessment.

4. The cost standards associated with making rural plan

4.1. The cost standards for making master plan of commune

Schedule 9. The cost standards for making master plan of commune

Note: a) The cost standards specified in Schedule 9 has not included cost associated with making manufacturing and land-use planning of rural commune.

b) The cost standards specified in Schedule 9 shall be adjusted in the following cases:

- A master plan of a commune with ancient village(s): K = 1.2;

- A master plan of a commune with craft village(s), commune along the dike: K = 1.3;

4.2. The cost standards for making detailed plan of rural residential areas

Schedule 10. The cost standards for making detailed plan of rural residential areas

5. The cost standards for some tasks involving process of making the plan

Schedule 11. The cost standards for some tasks defined under the percentage of cost associated with making the plan

Note: Cost associated with appraisal of the plan under the cost standards specified in Schedule 11 has not yet included cost associated with fieldwork in serve of appraisal of the planning project (if any).  In case where it is required to carry out fieldwork in serve of appraisal of the plan, the agency managing operation of making the plan shall make estimates to supplement cost associated with appraisal of the plan.

6. The cost standards for making the planning model

Schedule 12. The cost standards for making the planning model

Note:

a) Area to define cost associated with making the planning model under the cost standards specified in Schedule 12 is area of the planning model.

b) The cost standards for making the model specified in Schedule 12 respectively with model made of materials with good quality including: wood of group II, glass, mica, composite material, control system, automatic electrical instructions.

APPENDIX 2: GUIDELINES FOR MAKING EXPENDITURE ESTIMATES

1. Formula to define the expenditure estimate:

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

Where:

- Ctv: Cost associated with planning which needs cost estimation.

- Ccg: Cost associated with experts.

- Cql: Administrative cost.

- Ck: Other expenditure.

- TN: Pre-calculated taxable income.

- VAT: Value-added tax.

- Cdp: Provisional cost.

2. Method to define the expenditure elements of estimate

a) Cost associated with experts (Ccg):To be determined according to number, working time and wages of experts.

- Number of experts (including engineers, architects, specialists, technicians) is defined under specific requirement of each planning type, requirements pertaining to schedule, specialized qualification of each expert type.   Tentative quantity, expert and performance time of each expert must be stated in performance outline of the planning.  The performance outline of the planning must be conformable with content, scope of work in the approved planning task.

- Wage paid to consultants shall be determined according to that paid to experts in accordance with guidelines of the Ministry of Labor, War Invalids and Social Affairs corresponding to their professional qualifications.

b) Administrative costs (Cql):Administrative cost is an amount of expense associated with wage of management staff, cost associated with maintaining operation of consultancy organization, office expenditure and cost associated with professional duty insurance of consultancy experts. Administrative cost is defined equal to between 45% and 55% of cost associated with expert.

c) Other expenditure (Ck): including cost associated with buying documents, data, map of all kinds, stationery (paper, ink, pen, etc), software for planning (if any); cost associated with equipment amortization; cost associated with travelling of expert; cost associated with conferences, seminars and other expenditures (if any).

- Cost associated with buying documents, data, maps of all kinds, stationery (paper, ink, pen, etc), software for planning (if any):  Planned on the basis of necessary requirements for making the planning. 

- Cost associated with equipment amortization:  Planned on the basis of requirements for quantity of equipment, equipment usage time that is necessary for performing work and price of popular equipment on market.

- Cost associated with conferences and seminars:  Planned on the basis of necessary demands of making the planning.

- Other costs defined on the basis of tentative demands of performing each work type in making the planning. 

d) Pre-calculated taxable income (TN):Defined equal to 6% of (cost associated with expert + administrative costs + other expenditure).

e) Value-added tax (VAT):Defined in accordance with regulation.

f) Provisional cost (Cdp):Being cost associated with issues arising during the course of implementation of planning work.  Provisional cost is defined at maximum level not exceeding 10% in comparison with all expenditures mentioned above.

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