Circular No. 01/2013/TT-BXD guides the determination and management of planning costs for construction and urban planning.

CIRCULAR

Guidelines for Determining and Managing Costs of Planning Construction and Urban Planning Construction and Urban Planning

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WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 112/2009/NĐ-CP dated December 14, 2009 of the Government on Management of Construction Investment Costs;

Pursuant to Decree No. 08/2005/NĐ-CP dated January 24, 2005 of the Government on Construction Planning;

Pursuant to Decree No. 37/2010/NĐ-CP dated April 7, 2010 of the Government on Preparation, Review, Approval, and Management of Urban Planning;

Considering the proposal of the Director of the Construction Economy Department and the Director of the Construction Economics Institute;

The Minister of Construction issues this Circular guiding the determination and management of planning costs for construction planning and urban planning.

PART I

GENERAL PROVISIONS

Article 1.

This Circular guides the determination and management of costs for preparing, reviewing construction planning and urban planning including: regional construction planning, general planning, sectoral planning, detailed urban planning, specialized technical infrastructure planning for urban areas, rural construction planning planning for rural construction.

Article 2. Applicability

1. Organizations and individuals using state budget funds shall apply the provisions of this Circular to determine and manage costs of construction planning and urban planning.

2. Encouragement is given to organizations and individuals using other sources of funds to apply the provisions of this Circular to determine and manage costs of construction planning and urban planning.

3. When using state budget funds to hire foreign consultants to prepare for construction planning and urban planning then the determination and management of costs for hiring foreign consultants must comply with the provisions of Article 7 of this Circular and other relevant current regulations.

Article 3. Principles for Determining and Managing Costs

1. The costs for tasks determined according to the norms prescribed in this Circular include: costs for collecting related materials; office supply costs; expert costs; depreciation costs of machines and equipment; management costs; costs for soliciting opinions; costs for conferences to approve the results of the planning project; training and professional development costs (of the consulting unit); various types of insurance (social insurance, health, unemployment, professional liability) and pre-tax income but excluding value-added tax. When determining the preliminary budget for preparing the planning project, value-added tax must be added according to current regulations.

2. For construction planning and urban planning tasks without established norms, a preliminary budget should be prepared to determine the costs.

3. In cases where the scale of the planning project falls between two published scales in this Circular, interpolation methods should be used to determine cost norms. For planning projects with a larger scale than those published in this Circular, the costs for preparing the planning project should be determined by preparing a preliminary budget.

4. In cases where construction planning and urban planning tasks have specific characteristics, if the costs determined according to the provisions of this Circular are not appropriate, a preliminary budget should be prepared to determine the costs.

Chapter II

DETERMINING COSTS FOR PREPARING PLANNING

Article 4. Determination of costs for establishing planning projects

1. Determining costs for preparing construction planning projects:

a) Costs for preparing regional construction planning projects are calculated based on the cost norms in Table 1 (Annex attached) multiplied by the planned area scale.

b) Costs for preparing rural settlement development planning projects and infrastructure systems at the commune level are calculated based on the cost norms in Table 2 (Annex attached) multiplied by the forecasted population within the planning period as approved in the planning task (or adjusted planning task).

- Costs for preparing comprehensive spatial architectural and technical infrastructure planning for commune centers and individual settlements within the commune are calculated based on the cost norms in Table 3 (Annex attached) multiplied by the planned area scale.

c) Costs for preparing detailed planning projects for special function zones (high-tech zones, economic zones, tourist zones, industrial zones, special function urban zones) are calculated based on the cost norms in Table 4 (Annex attached) multiplied by the planned area scale.

d) Costs for preparing detailed planning projects for special function zones (high-tech zones, economic zones, tourist zones, industrial zones, special function urban zones) are calculated based on the cost norms in Tables 5 and 6 (Annex attached) multiplied by the planned area scale.

đ) Costs for preparing detailed planning projects for industrial zones are calculated based on the cost norms in Table 7 (Annex attached) multiplied by the planned area scale.

d) The cost of preparing detailed construction plans for industrial zones shall be calculated according to the cost norms in Table 7 (Annex attached) and multiplied by the scale of the planned area.

2. Determining costs for preparing urban planning projects:

a) Costs for preparing general urban planning projects are calculated based on the cost norms in Table 8 (Annex attached) multiplied by the forecasted population within the planning period as approved in the planning task (or adjusted planning task) excluding long-term vision forecasts.

b) Costs for preparing urban sectoral planning projects are calculated based on the cost norms in Table 9 (Annex attached) multiplied by the planned area scale.

c) Costs for preparing detailed urban planning projects are calculated based on the cost norms in Table 10 (Annex attached) multiplied by the planned area scale.

d) Costs for preparing specialized technical infrastructure planning projects for centrally-administered cities are calculated as a percentage of the costs for preparing corresponding general urban planning projects based on the norms in Table 11 (Annex attached).

3. Costs for preparing the following planning projects are determined by preparing a preliminary budget:

a) Adjustments to planning: Costs for adjusting planning projects are determined by preparing a preliminary budget based on the scope, extent, and nature of the adjustments in the adjusted planning project.

If a comprehensive adjustment is required but the adjustment range does not exceed the approved area scale and population, the maximum adjustment costs for regional construction planning, general urban planning, and detailed urban planning projects shall not exceed 70% of the costs for preparing new planning projects; the maximum adjustment costs for urban sectoral planning projects shall not exceed 50% of the costs for preparing new planning projects.

If the adjustment range exceeds the approved area scale and population, a preliminary budget should be prepared to determine the adjustment costs.

If a comprehensive adjustment of the planning project involves complex adjustments with an area scale and population exceeding 30% of the approved scale, the adjustment costs shall be determined as the costs of a new planning project.

b) Preparing a separate urban design project: The cost of preparing a separate urban design project shall not exceed the cost calculated according to the standard cost for detailed urban planning at a scale of 1/500.

c) Preparing a specialized infrastructure planning project with regional, provincial, or urban characteristics.

d. Other construction planning and urban planning projects.

4. For tasks that require determining costs through budget estimates, the content of the budget estimate shall be determined in accordance with the guidelines set out in Part II of the Appendix attached hereto. The budget estimate must be based on the approved planning assignment by the competent authority.

Article 5. Determining Costs for Preparing Planning Assignments, Reviewing Planning Projects, Managing Construction Planning Activities, and Other Related Tasks

1. The cost of preparing a planning assignment is calculated as a percentage of the cost of preparing the corresponding planning project, as specified in Table 12 (Appendix attached).

2. The cost of reviewing planning tasks shall be determined at 20% of the cost of preparing planning tasks.

3. The cost of reviewing a planning project is calculated as a percentage of the cost of preparing the corresponding planning project, as specified in Table 12 (Appendix attached). In cases where opinions from state management agencies are required for the planning project, the cost of soliciting opinions is included within the review cost at a rate of 20% of the review cost.

4. The cost of managing construction planning activities is calculated as a percentage of the cost of preparing the corresponding planning project, as specified in Table 12 (Appendix attached). In cases where the scope of the construction planning activity management involves a region, inter-regional, or nationwide areas, and special city planning projects, the cost of managing the planning activity is calculated according to the standard cost and adjusted with a factor K = 2.

5. If the organization responsible for planning needs to organize public opinion solicitation for the planning project, the cost of organizing public opinion solicitation is determined by the budget estimate but shall not exceed 2% of the cost of preparing the corresponding planning project.

6. The cost of publishing the planning project is determined by the budget estimate but shall not exceed 3% of the cost of preparing the corresponding planning project.

7. The cost of making planning models is calculated according to the standard cost specified in Table 13 (Appendix attached) and multiplied by the area of each type of planning model.

Article 6. Other Related Costs

1. The cost of preparing a planning project according to this Circular does not include the costs for performing the following tasks:

a) Preparing the planning assignment.

b) Construction surveys serving the preparation of planning.

c) Purchasing or preparing topographic maps for planning project preparation.

d) Other works serving the preparation of planning projects.

2. The cost of managing construction planning activities according to this Circular does not include the costs for performing the following tasks:

a) Hiring consulting organizations or hiring experts for reviewing the planning project, holding specialized seminars (if applicable).

b) Organizing public opinion solicitation for the planning project (if applicable).

c) Marking boundary stakes according to the plan on the ground.

d) Announcing approved planning projects.

e) Other tasks serving the management of construction planning activities.

3. The costs for performing the above tasks are determined by the budget estimate in accordance with the guidelines of this Circular or determined according to other relevant regulations and guidelines currently in effect.

Article 7. Determining Costs for Hiring Foreign Consultants to Prepare Construction Planning and Urban Planning

1. The cost of hiring foreign individuals or organizations to prepare construction planning and urban planning is determined by the budget estimate in accordance with relevant regulations regarding the hiring of foreign consultants in construction activities in Vietnam. The cost of hiring foreign individuals or organizations to prepare planning assignments and planning projects is determined specifically as follows:

a) In cases where domestic and foreign consultants collaborate to prepare planning assignments and planning projects: The cost of hiring foreign consultants shall not exceed 2.0 times the cost calculated according to this Circular. The cost of work performed by domestic consultants shall not exceed the cost calculated according to the standard cost in this Circular.

b) In cases where foreign consultants undertake all tasks of preparing planning assignments and planning projects: The cost of hiring foreign consultants shall not exceed 3.5 times the cost calculated according to this Circular.

2. If the cost of hiring foreign individuals or organizations to prepare planning assignments and planning projects according to this Circular is not appropriate, it should be reported to the Ministry of Construction for guidance.

Chapter III

MANAGEMENT OF COSTS FOR PREPARING PLANNING

Article 8. Management of planning preparation costs

1. Organizations and individuals entrusted with managing budget funds to prepare planning must be responsible for managing costs efficiently and economically. Consulting contractors preparing planning projects must manage planning preparation costs according to the contract content, ensuring appropriate compensation for those directly involved in planning to improve the quality of the planning project.

2. The cost of hiring consultants to prepare planning projects is managed through contracts. Planning project preparation contracts are established based on the results of contractor selection, negotiations, and contract signing. The content of the planning project preparation contract must comply with relevant laws on contracts, including clear provisions on contract prices, bases for adjusting contract prices (if any), number of advance payments, contract payments, and products to be completed.

3. The agency responsible for managing planning preparation activities is responsible for managing planning preparation costs according to the contract and relevant regulations.

Article 9. Management of costs related to the preparation of planning projects

1. The cost of managing planning preparation activities is the limit for the expenses of the agency managing the planning preparation process. The agency responsible for managing planning preparation activities must manage these costs according to relevant regulations. In cases where the management of planning project preparation has specific characteristics, if the cost of managing the planning project preparation calculated according to the standard cost published in this Circular is inappropriate, the agency responsible for managing planning preparation activities must prepare a budget estimate to determine the cost and submit it to the competent authority for approval.

2. Regarding the cost of preparing planning assignments:

a) When the planning assignment is carried out by state management agencies, the cost is determined by the budget estimate according to the financial management mechanism for state management agencies when performing this task.

b) In case of hiring a consulting unit to prepare the planning assignment, the cost of hiring for preparing the planning assignment shall be determined through the planning assignment preparation contract;

3. The cost of reviewing the planning management project shall be managed according to the approved budget estimate. Payment of the review cost for preparing the planning project must comply with relevant regulations of the competent authority.

Article 10. Authority to Approve the Budget Estimate for Planning Preparation Costs

The competent authority approving the budget estimate for implementing the tasks of preparing the planning assignment and preparing the planning project as stipulated in this Circular is the authority that approves the planning project or the authority authorized.

Chapter IV

IMPLEMENTATION

Article

1. For planning preparation works currently being implemented, payment and settlement of planning preparation costs must be based on the contents of the signed contract. In cases where the contract content includes an agreement to adjust prices when the State changes planning cost norms, the relevant parties need to specifically determine the volume of work completed corresponding to the effective date of this Circular to determine the appropriate adjustment cost.

2. For planning preparation works still under negotiation and have not yet signed a contract, the competent authority approving the planning project cost shall decide to apply the provisions of this Circular.

Article

This Circular takes effect from April 1, 2013, and replaces Circular No. 17/2010/QĐ-BXD dated September 30, 2010, of the Ministry of Construction on guiding the determination and management of planning construction costs and urban planning costs. determining and managing planning construction costs and urban planning costs.

During implementation, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Construction for research and appropriate amendments and supplements./.