Circular 12/2019/TT-BXD building the construction price index database system

CIRCULAR

Guiding the building and management of the construction norm, price and price index database system^[1]

Pursuant to June 18, 2014 Construction Law No. 50/2014/QH13;

Pursuant to the Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining 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 Construction Economics Department;

The Minister of Construction promulgates the Circular guiding the building and management of the construction norm, price and price index database system.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular provides the building and management of the construction norm, price and price index database system, covering provision, collection, processing, updating, storage confidentiality and publicization of information, and exploitation, use, control and operation of the database system.

Article 2.Subjects of application

1. This Circular applies to agencies, organizations and individuals involved in the building and management of the construction norm, price and price index database system serving the management of construction investment costs of projects funded with capital from the state budget and off-budget state capital and  investment projects in the form of public-private partnership (PPP), except construction investment projects classified as state secrets or security and national defense projects.

2. Organizations and individuals other than those specified in Clause 1 of this Article are encouraged to apply this Circular.

Article 3.Principles of building and management of the construction norm, price and price index database system

1. The construction norm, price and price index database system must ensure its data accuracy and adequacy, synchronous connections and compliance with relevant regulations and market rules; promptly serve state management and meet socio-economic development requirements.

2. To avoid repetition and overlapping in assignment of tasks of collection and acquisition of information and data; ensure close coordination in collection of information and data; make the best use of available sources of information and data; and ensure efficiency and feasibility of, while saving expenses and resources spent on, the collection of information and data. Information and data in the construction norm, price and price index database system, which have been verified, processed and updated under regulations, are as legally valid as paper dossiers and documents.

3. To contribute to increasing construction productivity, improving capacity and effectiveness of state economic management in construction investment and urban development, thereby preventing  loss and wastefulness in construction investment.

4. Agencies, organizations and individuals shall be held legally responsible for information and data they provide and update to the database system.

Article 4.List of information and data on construction norms, prices and price indices

1. Information and data on construction norms, including:

a/ Material use norms;

b/ Labor productivity norms;

c/ Construction machinery and equipment productivity norms;

d/ Construction cost estimation norms;

dd/ Project management and construction investment consultancy cost norms;

e/ Indirect cost norms.

2. Information and data on construction prices, including:

a/ Investment ratios and general construction prices of work components;

b/ Construction material prices;

c/ Construction labor unit prices;

d/ Construction machinery and equipment shift prices;

dd/ Work construction unit prices.

3. Information and data on construction price indices.

4. Information and data on construction investment projects and construction contracts, including:

a/ Information on projects;

b/ Total investment;

c/ Work construction cost estimates;

d/ Bid-winning prices;

dd/ Contract prices;

e/ Contract finalization prices.

5. Details of information and data are specified in Appendix I to this Circular.

6. Information and data on construction norms, prices and price indices shall be encrypted in accordance with the code system provided in Appendix II to this Circular.

Chapter II

PROVISION, COLLECTION, UPDATING, PROCESSING, STORAGE, PRESERVATION AND CONFIDENTIALITY OF INFORMATION AND EXPLOITATION AND USE OF DATA ON CONSTRUCTION NORMS, PRICES AND PRICE INDICES

Article 5.Collection and provision of information and data

1. Provincial-level Construction Departments shall, based on their fields of state management in their localities, collect, sum up and adequately provide information and data specified in Article 4 of this Circular to the agency managing the construction norm, price and price index database system for updating to the database system.

2. Specialized construction agencies under line ministries managing specialized construction works shall, based on their fields of state management, collect, sum up and adequately provide information and data specified in Article 4 of this Circular to the agency managing the construction norm, price and index database system for updating to the database system.

3. Project owners, project management units and entities related to the implementation of projects funded with state capital and PPP projects shall provide information and data on construction investment projects and construction contracts specified in Article 4 of this Circular to the agency managing the construction norm, price and price index database system for updating to the database system.

4. Individuals and organizations engaged in activities related to construction investment cost management shall, based on their fields of operation, collect, sum up and adequately provide information and data specified in Article 4 of this Circular to the agency managing the construction norm, price and price index database system for updating to the database system.

5. Specific requirements on information and data provided to the database system are as follows:

a/ Data provided in regular and unscheduled reports of agencies, organizations and individuals must be certified by persons competent to issue these reports;

b/ Data acquired from investigation and survey outcomes must be tested before acceptance by competent agencies;

c/ Information and data provided to the database system shall be presented in documents enclosed with files, which must be prepared according to formats and forms provided in the Appendices to this Circular.

6. Information and data must adequately, promptly and accurately reflect realities in each area. When necessary to modify or supplement provided data or in case of abnormal changes in data to be provided in a period, providing agencies and organizations shall send explanations in electronic or paper documents to the agency managing the database system.

7. Provision and updating of information and data:

a/ Provincial-level Construction Departments shall provide information and data on construction material prices to the database system on a monthly basis no later than the first day of the subsequent month; and provide information and data on construction norms, prices and indices within 10 days after issuing them.

b/ Specialized construction agencies under line ministries managing specialized construction works shall provide information and data on construction norms, prices and price indices within 10 days after issuing them.

c/ Project owners, project management units and entities related to the implementation of projects funded with state capital and PPP projects shall provide information and data on construction investment projects specified in Article 4 of this Circular within 10 days after obtaining project-approving decisions; provide information and data on construction contracts specified in Article 4 of this Circular within 10 days after signing such contracts; and provide information and data on contract finalization value within 10 days after obtaining decisions approving final accounts of works or projects.

d/ Individuals and organizations engaged activities related to construction investment cost management shall, based on their fields of operation, collect, sum up and provide information and data specified in Article 4 of this Circular when there are new information and data.

Article 6.Summing up, processing, updating and publicization of information and data by the agency managing the database system

1. The agency managing the database system shall regularly sum up and update to the database system information provided by units and individuals specified in Clauses 1, 2, 3 and 4, Article 5 of this Circular.

2. Information and data shall be updated and sum up in the following steps:

a/ Receiving information and data; checking; filtering.

b/ Classifying information and data by database contents specified in Article 4 of this Circular;

c/ Updating and summing up information and data by using apps/software specified by the Ministry of Construction;

d/ Checking results of updating of information and data to the database system.

3. When necessary, heads of agencies and units that receive and process information and data provided by organizations and individuals shall establish an advisory council composed of experienced experts and managers to check and assess these information and data.

4. If errors in or incompatibilities of information and data are detected in the course of information processing, agencies providing such information and data shall clarify, explain and correct these errors and incompatibilities and provide clarifications, explanations and corrected information and data to agencies and units assigned to process such information and data.

5. Publicization of information and data on construction norms, prices and price indices

a/ Information to be regularly publicized on the Ministry of Construction-managed portal include: legal documents on construction norms, unit prices and prices issued by ministries and sectors according to their competence; information on construction norms, prices and price indices provided in reports of localities and ministries managing specialized construction works;

b/ Other information and data shall be publicized and updated on a monthly or quarterly basis.

Article 7.Storage and preservation of information and data

1. Database-managing agencies shall take information system-related managerial, professional and technical measures to protect and restore the system and data contents; ensure confidentiality of apps and databases of the system, including confidentiality at the database level, system and apps level and physical level.

2. Database-managing agencies shall apply information technology to ensure safe storage of data in databases in the terms of:

a/ Physical storage: To ensure that the system always stably operate;

b/ Logical organization: To ensure data security according to principles and formats of databases, avoiding intentional damage to the logical organization of data;

c/ To ensure network information security, prevent the loss of information from the database system;

d/ Digital data shall be stored on servers with application of solutions and advanced techniques to prevent illegal access through the security system.

3. Database-managing agencies shall take measures to ensure integrity of information and data and make regular inspection to ensure safety of the e-information system.

4. Data backup:

a/ Data stored in databases must be copied into information storage devices on a periodical basis and stored according to technical, security and safety processes and regulations prescribed by current laws.

b/ Data must be regularly copied and stored under regulations.

Article 8.Information and data confidentiality

1. Database-managing agencies shall ensure information security and confidentiality, take organizational, managerial, professional and technical measures to ensure data security and confidentiality and cyber security.

2. The printout, duplication, copying, delivery and receipt of documents, transmission of data, and preservation and provision of information and data must comply with regulation on information and data confidentiality.

3. Database-managing agencies shall formulate specific regulations on the right to access and update information and data.

4. Persons carrying out the updating and exploitation of databases shall be granted the right to access and update certain data compositions, ensuring strict management of the right to access information in the database system.

Article 9.Exploitation and use of information and data

1. Organizations and individuals may exploit and use information and data on construction norms, prices and price indices via the Internet and websites, specifically as follows:

a/ Exploiting and using the list of information and data on construction norms, prices and price indices;

b/ Exploiting and using information and data on construction norms, prices and price indices that may be publicized and widely disseminated in accordance with law.

2. Organizations and individuals may register for grant of the right to exploit and use information and data other than those specified in Clause 1 of this Article via the Internet or websites. Agencies managing databases on construction norms, prices and price indices shall grant access to registering organizations and individuals under regulations on subjects eligible for, and permitted purposes of, information and data exploitation and use.

3. Organizations and individuals exploiting and using the database system have the following responsibilities:

a/ To sign in to access right accounts using correct passwords; refrain from disclosing accounts and passwords granted for accessing the system;

b/ To exploit and use information and data within the authorized scope, refraining from illegally accessing the database system; to use information and data for proper purposes as prescribed;

c/ To manage contents of exploited information and data and refrain from providing them to other organizations and individuals unless permitted by the agency managing the database system;

d/ To refrain from illegally altering, deleting, destroying, copying, disclosing, displaying or removing part or whole of data; to refrain from creating or dispersing software that affect or falsify databases on construction norms, prices and price indices; and to promptly notify the agency managing the database system of errors in information and data provided to the system;

dd/ To comply with regulations on protection of state secrets; the Law on Cyber Security; to be held responsible for violations committed in the course of exploitation and use of information and data.

4. The exploitation and use of information and data on construction norms, prices and price indices via the Internet and websites must comply with the Law on E-Transactions, Law on Information Technology and guiding documents.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 10.Responsibilities of agencies and organizations regarding the construction norm, price and price index database system

1. The Ministry of Construction shall:

a/ Assign the Construction Economics Department to perform the task of managing the construction norm, price and price index database system;

b/ Provide information and data available in the construction norm, price and price index database system;

c/ Build, manage and comprehensively control the construction norm, price and price index database system nationwide;

d/ Formulate and complete the system of codes and applied software for managing the construction norm, price and price index database system;

dd/ Guide contents and methods of building databases; use of database management software; and methods of updating the database system by ministries managing specialized construction works, provincial-level People’s Committees and related subjects;

e/ Examine and inspect the implementation of regulations on building, management, exploitation, use and updating of the construction norm, price and price index database system;

g/ Allocate regular funds from the state budget for management, operation and maintenance of the construction norm, price and price index database system under regulations.

2. The Construction Economics Department under the Ministry of Construction shall:

a/ Build and manage a unified software system serving the operation and exploitation of the construction norm, price and price index database system;

b/ Inspect, urge and guide ministries, sectors, localities and related individuals and organizations nationwide to build, manage, exploit, use and update the construction norm, price and price index database system; to act as the focal point in receiving, processing and summing up information on construction norms, prices and price indices reported and provided by ministries, sectors, localities and related individuals and organizations;

c/ Guide access to, and provide information on, construction norms, prices and price indices for publicization by the Ministry of Construction;

d/ Assume the prime responsibility for, and coordinate with the Information Center under the Ministry of Construction in, formulating regulations on management and use of the construction norm, price and price index database system and providing training and further training on use of software.

3. The Information Center under the Ministry of Construction shall assume the prime responsibility for, and coordinate with the Construction Economics Department in, formulating and managing the system of information technology infrastructure facilities of the construction norm, price and price index database system; and ensure database safety, security and confidentiality.

4. Ministries managing specialized construction works shall direct their specialized construction agencies to collect, sum up and provide information and data under their management to the agency managing the database system for the latter to update them to the database system.

5. Provincial-level People’s Committees shall:

a/ Direct provincial-level Construction Departments to formulate regulations on management, exploitation, use and updating of databases on construction norms, prices and price indices in their localities; regulations on assurance of information security and confidentiality; arrange full-time cadres who possess appropriate professional competencies and qualifications to regularly provide, update, exploit and use the construction norm, price and price index database system; inspect and examine the implementation of regulations on building, management, exploitation, use and updating of the construction norm, price and price index database system in their localities; guide and urge related units, agencies and organizations in their localities to make reports under regulations; and widely publicize their email addresses on websites for receiving reports, information and data sent from organizations and individuals.

b/ Allocate regular funds from local budgets for the collection, summing up and provision of information to the construction norm, price and price index database system under regulations.

6. Project owners, project management units and subjects engaged in the implementation of projects funded with state capital and PPP projects shall provide information and data on bidding for and final accounts of works and projects to specialized construction agencies under Article 5 of this Circular for updating to the database system.

Article 11.Implementation provisions

1. This Circular takes effect on February 15, 2020.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Construction for consideration and settlement.-

For the Minister of Construction
Deputy Minister
BUI PHAM KHANH