Circular 10/2019/TT-BXD regulations on construction norms

CIRCULAR

On construction norms^[1]

Pursuant to the Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 68/2019/ND-CP of August 14, 2019, on management of construction investment costs;

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

The Minister of Construction promulgates the Circular on construction norms.

Article 1.Scope of regulation

To promulgate together with this Circular construction norms, including norms of work construction survey cost estimates; norms of work construction cost estimates; norms of cost estimates of work technical system installation; norms of cost estimates of machines and technological equipment installation; norms of cost estimates of specialized construction testing; norms of cost estimates of work construction repair and maintenance; and construction material use norms. Construction norms prescribed in this Circular shall be applied to determine construction investment costs of projects using state budget funds or non-budget state funds and construction investment projects in the form of public-private partnership (PPP).

Article 2.Subjects of application

1. This Circular applies to organizations and individuals involved in the determination of construction investment costs of projects using state budget funds or non-budget state funds and construction investment projects in the form of public-private partnership (PPP) specified in Clause 1, Article 2 of the Government’s Decree No. 68/2019/ND-CP of August 14, 2019, on management of construction investment costs.

2. Construction investment projects using other funding sources may apply construction norms prescribed in this Circular to determine construction investment costs as a basis for fulfillment of financial obligations toward the State.

Article 3.Transitional handling

The application of construction norms in the transitional period prescribed in Article 36 of Decree No. 68/2019/ND-CP is prescribed as follows:

1. For ongoing construction investment projects approved before the effective date of Decree No. 68/2019/ND-CP, the construction norms prescribed in the Government’s Decree No. 32/2015/ND-CP of March 25, 2015, on management of construction investment costs, shall be applied. In case construction contracts have not yet been signed after the effective date of this Circular, investment deciders shall decide on the application of construction norms prescribed in this Circular to adjust prices of construction bidding packages provided that requirements on project schedule and efficiency must be satisfied.

2. For construction investment projects approved after the effective date of Decree No. 68/2019/ND-CP:

a/ In case construction bidding packages for which construction norms have been applied under Decree No. 32/2015/ND-CP to determine prices of construction bidding packages, contractors have been selected and construction contracts have been signed before the effective date of this Circular, the signed contracts shall prevail.

b/ In case construction bidding packages for which contractors have not yet been selected or are being selected before the effective date of this Circular, construction norms prescribed in this Circular shall be applied to update prices of construction bidding packages.

3. For construction contracts signed before the effective date of this Circular with unit prices having been adjusted, contract prices shall be adjusted based on the signed contents and in compliance with regulations on contracts.

Article 4.Effect

This Circular takes effect on February 15, 2020.

For the Minister of Construction
Deputy Minister
BUI PHAM KHANH

* The appendices to this Circular are not translated.-