Circular No. 03/2017/TT-BXD guiding the determination of maintenance costs for construction works

CIRCULAR

Guidelines for determining maintenance costs of construction works

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BASED ON Decree No. 62/2013/ND-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

BASED ON Decree No. 46/2015/ND-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works (hereinafter referred to as Decree No. 46/2015/ND-CP);

PURSUANT TO THE PROPOSAL OF THE INSTITUTE OF CONSTRUCTION ECONOMICS DIRECTOR;

The Ministry of Construction issues this Circular guiding the determination of maintenance costs for construction works.

Article 1. Scope of Regulation

This Circular guides the determination of costs for implementing maintenance work for construction works as prescribed in Article 37 of Decree No. 46/2015/ND-CP.

Article 2. Applicability

1. This Circular applies to owners or managers/users of construction works and organizations and individuals related to the determination of the budget estimate for maintenance costs for the implementation of maintenance of construction works using state budget funds and state capital outside the state budget.

2. It is encouraged that construction works using other sources of funding to implement maintenance of construction works apply the provisions of this Circular.

Article 3. Principles for determining maintenance costs for construction works

1. Maintenance costs for construction works are determined based on the maintenance budget estimate for construction works.

2. The maintenance budget estimate (referred to as the maintenance budget estimate) is the total necessary cost determined according to the requirements of the tasks that need to be carried out in accordance with the approved maintenance process for construction works. The maintenance budget estimate may include one, several, or all of the cost items in the implementation of maintenance of construction works according to the requirements of the approved maintenance process for construction works.

3. The maintenance budget estimate is determined in accordance with the approved maintenance process for construction works or technical standards on maintenance (referred to as the approved maintenance process for construction works).

4. Based on the maintenance plan for construction works (referred to as the maintenance plan) based on the approved maintenance process for construction works and the current condition of the works:

a) The maintenance budget estimate is prepared annually or periodically (for repair work) for each task to be implemented.

b) In cases where it is necessary to carry out urgent tasks not included in the maintenance plan, the costs of these tasks are supplemented into the maintenance plan.

5. Maintenance costs are determined in accordance with the prescribed methods, including all relevant cost items, the current condition of the works, and market prices at the time of cost determination.

Article 4. Types of maintenance costs for construction works

1. Costs for preparing and reviewing the maintenance process for construction works (if applicable);

2. Costs for implementing regular annual maintenance tasks including:

a) Costs for preparing the maintenance plan for construction works (including costs for planning, preparing the maintenance budget estimate for construction works, reviewing, and other related costs);

b) Costs for regular and periodic inspection of construction works;

c) Costs for planned annual maintenance of construction works;

d) Costs for preparing and managing maintenance records for construction works.

3. Costs for regular and emergency repairs;

4. Costs for quality testing of construction works for maintenance purposes (if applicable);

5. Costs for monitoring construction works for maintenance purposes, and for urgent inspections as required (if applicable);

6. Costs for assessing load-bearing safety and operational safety of construction works during operation;

7. Other necessary costs related to the above.

Article 5. Methods for determining maintenance costs of construction works

1. Methods for determining maintenance costs of construction works:

a) Cost standards based on a percentage rate (%);

b) Quantity and unit price, including: quantity of work carried out according to the maintenance plan and maintenance unit price; quantity and number of specialists determined according to specific requirements of each type of work, content, progress of work implementation, level of expertise of each specialist, appropriate salary rates for each specialist, and other related necessary costs;

c) Combination of the above methods.

2. Maintenance costs of construction works specified in Article 4 of this Circular shall be determined as follows:

a) Costs for preparing and reviewing maintenance procedures for construction works shall be included in technical design costs (for projects requiring three-step design) or construction drawing design costs (for projects requiring two-step and one-step design). The cost for reviewing maintenance procedures for construction works shall be included in the cost for reviewing construction design. In cases where construction works under investment or already put into use but without maintenance procedures, the project investors, owners, or users must organize the preparation of maintenance procedures for the works. These costs shall be estimated using the quantity and unit price method as guided in point b Clause 1 of this Article.

b) Annual periodic maintenance work costs for specialized construction works managed uniformly by the Ministry of Construction as stipulated in Clause 1 Article 51 Decree No. 46/2015/NĐ-CP shall be determined based on cost standards according to a percentage rate (%) as guided in the Appendix of this Circular. For specialized construction works specified in Clause 2 Article 51 Decree No. 46/2015/NĐ-CP, the relevant ministries managing specialized construction works shall guide the determination of these costs according to the nature and characteristics of the types of works.

c) Repair costs of construction works, quality inspection costs serving maintenance work, monitoring costs serving maintenance work, safety assessment costs for load-bearing capacity and operational safety of construction works during operation and use shall be estimated using the quantity and unit price method or the combined method as guided in point c Clause 1 of this Article.

d) For other necessary related costs, the appropriate method for determining costs shall be selected according to the nature and characteristics of each cost in accordance with regulations.

Article 6. Construction norms serving maintenance of construction works

1. Construction norms serving maintenance of construction works shall be determined based on referencing, applying, and adapting construction norms that have been officially published by authorized agencies.

2. In cases where it is necessary to establish new construction norms serving maintenance for new tasks or adjust existing published construction norms to suit the nature, characteristics, conditions, construction methods, and technical requirements of the aforementioned maintenance tasks, the owners or users of the works shall organize the establishment or adjustment and may hire qualified organizations or individuals to advise on cost management to determine new norms or adjust norms as a basis for determining maintenance costs.

3. Referencing, applying, and adapting construction norms serving maintenance of construction works that have been published, adjusted, or newly established shall follow current guidelines and regulations on construction norm management.

Article 7. Management of maintenance costs for construction works

1. The owner or the person managing and using the work shall be responsible for organizing the preparation, examination, and approval of the maintenance cost estimate for the work or hiring organizations or individuals with sufficient capacity as prescribed to prepare and review the maintenance cost estimate for construction works as the basis for approving the maintenance cost estimate for construction works. In cases where the repair, renovation, and upgrade cost estimate for the work exceeds five hundred million dong, it shall be implemented according to the provisions at point b Clause 4 Article 39 Decree No. 46/2015/NĐ-CP.

2. Costs for preparing and reviewing the maintenance procedures for construction works shall be supplemented into the consulting fees for investment in construction works within the total investment ceiling of the project or the maintenance cost estimate in cases where the construction works of the project are being invested in but have not yet initiated the preparation of the maintenance procedures or the construction works have been put into operation but do not have maintenance procedures.

3. The owner or the person managing and using the work shall be responsible for managing, settling, and finalizing the maintenance cost for construction works in accordance with Clause 5 Article 42 Decree No. 46/2015/NĐ-CP.

4. In cases where it is necessary to adjust the maintenance procedures for construction works as prescribed in Clause 5 Article 38 Decree No. 46/2015/NĐ-CP, the adjusted maintenance cost estimate shall be determined based on specific tasks that need adjustment and included in the maintenance cost estimate for the work.

Article 8. Implementation organization

1. The investor shall organize the preparation and approval of the maintenance procedures in accordance with Clause 2 Article 38 Decree No. 46/2015/NĐ-CP.

2. After the construction work is put into operation and use, the owner or the person managing and using the work shall be responsible for preparing the maintenance plan according to the approved maintenance procedure for the construction work and the annual maintenance cost for the work, including periodic repair costs for the work due for repair according to the maintenance plan.

3. The source of funds for maintaining construction works shall be carried out in accordance with Clause 1 Article 42 Decree No. 46/2015/NĐ-CP.

Article 9. Effective Date

This Circular takes effect from May 1, 2017, and replaces Circular No. 11/2012/TT-BXD dated December 25, 2012, of the Ministry of Construction guiding the preparation and management of maintenance cost estimates for construction works.