Circular 40/2026/TT-BXD guiding determination of construction work maintenance costs

CIRCULAR

Guiding the determination of construction work maintenance costs

Pursuant to the Government's Decree No. 33/2025/ND-CP defining the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Government's Decree No. 207/2026/ND-CP detailing a number of articles of the Law on Construction regarding quality management, construction and maintenance of construction works;

Pursuant to the Government's Decree No. 217/2026/ND-CP detailing a number of articles of the Law on Construction regarding management of construction activities;

At the proposal of the Director of the Economics-Construction Investment Management Department and the Director of the Institute of Construction Economics;

The Minister of Construction hereby promulgates the Circular guiding the determination of construction work maintenance costs.

Article 1. Scope of regulation and subjects of application

1. This Circular guides the determination of construction work maintenance costs.

2. This Circular applies to organizations and individuals involved in the determination of construction work maintenance costs.

Article 2. Determination of construction work maintenance costs

1. Construction work maintenance costs comprise the items specified in Clause 2 Article 39 of Decree No. 207/2026/ND-CP.

2. Construction work maintenance costs shall be determined in accordance with Articles 3, 4, and 5 of this Circular.

3. The summary table of construction work maintenance costs shall comply with Appendix I to this Circular.

Article 3. Determination of construction work preservation costs

1. Construction work preservation costs shall be determined by preparing a cost estimate, comprising the cost of performing preservation work, other costs, and contingency costs (if any), in accordance with Clauses 2, 3, and 4 of this Article. The summary of the preservation cost estimate shall be prepared in accordance with Part I of Appendix II to this Circular.

2. The cost of performing preservation work shall be determined based on the quantities and unit prices of construction work preservation activities in accordance with Part II of Appendix II to this Circular.

3. Other costs included in the construction work preservation cost (if any) comprise the costs of preparing the cost estimate, verification of the cost estimate, construction supervision consultancy, preparation of bidding dossiers and dossiers of request, evaluation of bid dossiers, appraisal of bidding dossiers, appraisal of contractor selection results, and other costs related to construction work preservation, which shall be determined by percentage (%) norms or by preparing a cost estimate in accordance with law.

4. Contingency costs (if any) shall be determined at not more than 5% of the total cost of performing preservation work and other costs.

Article 4. Determination of construction work repair costs

1. Repair costs for construction work maintenance as prescribed in Clause 4 Article 27 of Decree No. 217/2026/ND-CP shall be determined by preparing a cost estimate, comprising the cost of performing repair work, other costs, and contingency costs (if any), in accordance with Clauses 3, 4, and 5 of this Article, and summarized in Part I of Appendix III to this Circular.

2. For repair of construction works for maintenance purposes falling outside the scope prescribed in Clause 1 of this Article, the owner or the manager of the construction work shall organize the preparation, submission for appraisal, and approval of a techno-economic report or a construction investment project in accordance with the law on construction.

3. The cost of performing repair work shall be determined based on the quantities and unit prices of construction work repair activities in accordance with Part II of Appendix III to this Circular.

4. Other costs included in construction work repair costs (if any) comprise the costs of preparing the cost estimate, verification of the cost estimate, construction supervision consultancy, preparation of bidding dossiers and dossiers of request, evaluation of bid dossiers, appraisal of bidding dossiers, appraisal of contractor selection results, traffic safety assurance, and other costs related to construction work repair, which shall be determined by percentage (%) norms or by preparing a cost estimate in accordance with law.

5. Contingency costs (if any) shall be determined at not more than 5% of the total cost of performing repair work and other costs.

Article 5. Determination of costs for other activities in construction work maintenance plans

1. The costs of other activities in the construction work maintenance plan comprise the costs specified at Point c Clause 2 Article 39 of Decree No. 207/2026/ND-CP and shall be determined in accordance with Clauses 2 and 3 of this Article.

2. The costs of other activities in the construction work maintenance plan shall be calculated separately for each specific task on the basis of percentage norms multiplied by the pre-tax construction work preservation cost and construction work repair cost, or shall be determined by preparing a cost estimate in accordance with law. The percentage norms shall be determined based on the scale of the pre-tax construction work preservation cost and construction work repair cost corresponding to the cost scales promulgated in the Circular promulgating construction norms and other relevant laws.

3. The management cost of the owner or the manager of the construction work shall be determined as a percentage in accordance with Appendix IV to this Circular.

Article 6. Norms for construction work maintenance activities

1. Ministries managing specialized construction works and provincial-level People's Committees shall, within their respective competence,  develop, review and promulgate the norms for construction work maintenance activities, and shall submit the dossiers reporting the results of the determination of such norms to the Ministry of Construction in accordance with the Circular of the Ministry of Construction guiding the methods for determining cost-estimate norms and techno-economic indicators.

2. Owners or managers of construction works, and organizations and individuals preparing construction work maintenance cost estimates, may apply, adapt, or adjust the norms for construction work maintenance activities on the basis of the system of norms promulgated by competent state agencies. Where no applicable norms are available, or where the existing norms are unsuitable, the methods for determining construction cost-estimate norms guided by the Ministry of Construction shall be applied to develop and determine such norms.

3. Where norms for construction work maintenance activities are used to determine the unit prices of construction work preservation or repair activities, the prices of the direct cost elements constituting construction work preservation or repair activities (including material prices, labor prices, and construction machinery and equipment costs) shall be determined in accordance with the construction law on construction investment cost management.

Article 7. Organization of implementation and effect

1. For specialized construction works for which specialized laws provide specific regulations on maintenance activities, the determination of construction work maintenance costs shall comply with the provisions of such specialized laws.

2. For construction works maintained using recurrent expenditures from the state budget and construction works under public-private partnership investment projects, the determination of construction work maintenance costs shall comply with this Circular. For construction works maintained using other funding sources, the owner or the user of the construction work shall decide whether to apply this Circular in determining construction work maintenance costs.

3. This Circular takes effect on July 01, 2026.

4. The Minister of Construction’s Circular No. 14/2021/TT-BXD dated September 08, 2021, guiding the determination of construction work maintenance costs, is repealed.

Article 8. Transitional provisions

1. Construction work maintenance plans for which construction work maintenance costs were approved before the effective date of this Circular, shall continue to comply with the laws in effect at the time of approval.

2. For activities arising or adjusted during the implementation of the maintenance plans specified in Clause 1 of this Article, where such activities have not yet been approved, the costs of such activities shall be determined in accordance with this Circular.