Circular No. 07/2022/TT-BKHCN stipulates economic and technical norms for public services using state budget funds for construction consulting, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the activities of agencies and organizations under the administrative state system.

CIRCULAR

Regulations on economic and technical norms for public service activities funded by the state budget

state book for construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations within the administrative state system

National Standard TCVN ISO 9001:2015 into the operations of agencies and organizations within the administrative system of the state

The Prime Minister on applying the Quality Management System according to the National Standard TCVN ISO 9001:2008 into the operations of agencies and organizations within the administrative system of the state;

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Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Decree No. 95/2017/NĐ-CP dated 1six months 8 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).7 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

WHEREAS Pursuant to Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government stipulating the financial autonomy mechanism of public service units;

Based on Decision No. 19/2014/QĐ-TTg dated March 5 the 3 year 2014 of the Prime Minister on applying the Quality Management System according to National Standard TCVN ISO 9001:2008 in the operations of agencies and organizations within the administrative state system;

Implementing Decision No. 2099/QĐ-TTg dated December 27, 2017 of the Prime Minister on issuing the List of public service activities funded by the state budget under the management of the Ministry of Science and Technology;

At the proposal of the Director General of the General Department of Standards, Metrology and Quality and the Director of the Legal Departmentpolicies;

The Minister of Science and Technology issues this Circular qTHE a) Providing testimonies and expert opinions for the case for which they have been summoned; to establish economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations within the administrative state system.

Article 1. Scope of Regulation

This Circular stipulates six (6) economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 Quality Management System - Requirements into the operations of agencies and organizations within the administrative state system:

1. Economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations at the ministry and sector level within the administrative state system attached as Appendix I to this Circular;

2. Economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations at the general department and department level under ministries and equivalent levels attached as Appendix II to this Circular;

3. Economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations at the provincial People's Committee level attached as Appendix III to this Circular;

4. Economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations at the district People's Committee, specialized agencies under provincial People's Committees, vertical sectoral agencies at the bureau level located in localities under ministries and sectors and equivalent levels attached as Appendix IV to this Circular;

5. Economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations at the sub-department level or equivalent under departments or bureaus at the provincial level, specialized agencies under district People's Committees attached as Appendix V to this Circular;

6. Economic and technical norms for public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 in the operations of agencies and organizations at the commune People's Committee level attached as Appendix VI to this Circular.

Article 2. Applicability

1. Agencies and organizations within the administrative state system using the state budget to fund construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015.

2. Consulting organizations, independent consulting experts providing construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015.

3. Relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

1. Construction consultancy, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 is an activity involving the collection, processing of information, application of professional knowledge, identification of issues, proposal of solutions, plans, guidance for agencies and organizations to meet the criteria set out in National Standard TCVN ISO 9001:2015.

2. Construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 Quality Management System - Requirements into the operations of agencies and organizations within the administrative state system are advisory and assistance services provided by consulting organizations or independent consulting experts to agencies and organizations within the administrative state system in establishing and implementing the Quality Management System.

3. Consulting organizations, independent consulting experts providing construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 are organizations meeting the conditions stipulated in Decision No. 19/2014/QĐ-TTg dated March 5, 2014 of the Prime Minister on applying the Quality Management System according to National Standard TCVN ISO 9001:2008 in the operations of agencies and organizations within the administrative state system and Circular No. 26/2014/TT-BKHCN dated October 10, 2014 of the Minister of Science and Technology detailing the implementation of Decision No. 19/2014/QĐ-TTg.

4. Public service activities funded by the state budget on construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 Quality Management System - Requirements into the operations of agencies and organizations within the administrative state system are public services in the field of science and technology performed by public service units, with funding or support from the State.

5. The economic-technical norms for public service activities using state budget funds for construction consultancy services, applying the Quality Management System according to National Standard TCVN ISO 9001:2015 Quality Management Systems – Requirements to the operations of administrative state agencies (hereinafter referred to as economic-technical norms). is the necessary expenditure on labor, machinery, equipment, materials under specific conditions, following the corresponding consultancy service procedures to complete one unit of product (or a certain amount of work) meeting criteria and standards issued by competent authorities.

6. In this Circular, the following terms shall be understood as follows:

Article 4. Methods and Basis for Establishing Economic and Technical Norms

1. Establishing economic-technical norms in accordance with the provisions of legal documents:

a) Decision No. 19/2014/QĐ-TTg dated March 5, 2014 of the Prime Minister on the application of the Quality Management System according to National Standard TCVN ISO 9001:2008 to the operations of administrative state agencies; The Minister of Science and Technology shall provide detailed implementation regulations for Decision 19/2014/QĐ-TTg dated March 5, 2014 of the Prime Minister;

b) Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government stipulating salary regulations for civil servants, public officials, and members of the armed forces;

c) Decree No. 38/2019/NĐ-CP dated May 9, 2019 of the Government stipulating the basic salary for cadres, civil servants, public officials, and armed forces personnel;

d) Circular No. 26/2014/TT-BKHCN dated October 10, 2014 of the Minister of Science and Technology detailing the implementation of Decision No. 19/2014/QĐ-TTg dated March 5, 2014 of the Prime Minister; The Minister of Science and Technology shall provide detailed regulations to implement Decision 19/2014/QD-TTg dated March 5, 2014 of the Prime Minister;

đ) Circular No. 02/2015/TT-BLĐTBXH dated January 12, 2015 of the Minister of Labor, Invalids and Social Affairs stipulating the wage level for domestic consulting experts serving as the basis for the budget estimate of consultancy service contracts using state capital;

e) Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015 of the Minister of Finance and the Minister of Science and Technology guiding the norms for construction, allocation, and settlement of expenses for scientific and technological tasks using state budget funds;

g) Circular No. 116/2015/TT-BTC dated August 11, 2015 of the Minister of Finance stipulating financial management for consultancy services related to the application, maintenance, and improvement of the Quality Management System according to National Standard TCVN ISO 9001:2008 to the operations of administrative state agencies;

h) Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Minister of Finance stipulating travel expense regulations and conference regulations;

i) Circular No. 36/2018/TT-BTC dated March 30, 2018 of the Minister of Finance guiding the preparation, management, use, and settlement of training and capacity-building funds for civil servants, public officials, and employees;

k) Circular No. 45/2018/TT-BTC dated May 7, 2018 of the Minister of Finance guiding the management, depreciation, and amortization of fixed assets at agencies, organizations, units, and fixed assets managed by enterprises without state capital component;

2. Establishing Economic and Technical Norms not specifically regulated

The method for establishing economic-technical norms not specified in legal documents shall be implemented according to Article 10 of Circular No. 21/2019/TT-BKHCN dated December 18, 2019 of the Minister of Science and Technology stipulating the procedure for establishing economic-technical norms for public service activities using state budget funds within the scope of the Ministry of Science and Technology’s management.

a) Comprehensive Statistical Method

Based on annual statistical data or reports over three consecutive years prior to the establishment of economic-technical norms and practical experience in construction consultancy and applying the Quality Management System according to National Standard TCVN ISO 9001:2015 to administrative state agencies at ministries, sectors, and localities.

b) Standard Method

Based on technical standards and legal provisions regarding working hours and rest periods to establish labor norms for each task; based on technical standards and legal provisions to determine consumption levels for each task.

c) Analytical and Experimental Method

Conduct surveys and experiments according to the outline of each process and content of work to analyze and calculate each factor constituting the economic-technical norms applied to construction consultancy tasks and applying the Quality Management System according to National Standard TCVN ISO 9001:2015.

3. Basis for Establishing Economic and Technical Norms

The economic-technical norms stipulated in this Circular are established based on the "procedure for implementing construction consultancy services and applying the Quality Management System according to National Standard TCVN ISO 9001:2015 to the operations of administrative state agencies" which has been approved.

Article 5. Content of economic and technical norms

1. Economic-technical norms established in accordance with Article 14 of Circular No. 21/2019/TT-BKHCN include the following component norms:

a) Labor norms

Labor norms are the necessary consumption of labor by workers according to their expertise and profession to complete construction consultancy services and apply the Quality Management System according to TCVN ISO 9001:2015 to the operations of administrative state agencies (or to perform a specific step or a specific task) meeting criteria and standards issued by competent authorities.

a1) Direct labor norms are the necessary working time of consulting experts stipulated in Articles 9 and 10 of Circular No. 26/2014/TT-BKHCN directly providing consultancy and guidance to complete the task of applying the Quality Management System according to TCVN ISO 9001:2015 to the operations of administrative state agencies, achieving the set criteria, standards, and relevant regulations. The labor time consumption in the norm is calculated in man-hours.

a2) Indirect labor norms (management, support) are stipulated as a percentage (%) of direct labor norms.

a3) The labor quota does not include travel expenses, transportation, and accommodation costs for consulting experts;

b) Equipment norms

The equipment quota is the period of time necessary for using each type of equipment to complete construction consulting work, applying Quality Management System (QMS) according to TCVN ISO 9001:2015 to meet the criteria and standards issued by competent authorities; the unit of measurement is a shift;

c) Material norms

The material quota is the amount of consumption of each type of raw materials and materials required, determined by category and quantity to complete construction consulting work, applying QMS according to TCVN ISO 9001:2015 to meet the criteria and standards issued by competent authorities.

2. Total quotas, application of economic-technical quotas

a) Economic-technical quotas for construction consulting services, applying QMS according to TCVN ISO 9001:2015 in the activities of agencies and organizations under the State Budget System, is the maximum level of costs and consumption of factors such as labor, equipment, and materials to complete the content of construction consulting work, applied according to TCVN ISO 9001:2015 to meet the criteria and standards issued by competent authorities.

b) Economic-technical quotas serving the preparation of budget estimates and unit prices for construction consulting services, applying according to TCVN ISO 9001:2015 in the activities of agencies and organizations under the State Budget System that use funds through government procurement methods and allocation of state budget funds.

c) Agencies and organizations under the State Budget System, organizations and individuals providing construction consulting services using state budget funds for construction consulting activities, applying QMS according to TCVN ISO 9001:2015 shall base their specific application on actual conditions suitable to the agency, organization, field, and area but shall not exceed the economic-technical quotas issued together with this Circular.

d) For expanded and maintained construction consulting activities according to TCVN ISO 9001:2015, agencies, organizations, and units shall base their specific application of the entire or part of the economic-technical quotas issued together with this Circular on actual conditions.

Article 6. Implementation Organization

The Director of the General Department of Standardization, Metrology, and Quality Control is responsible for organizing guidance, dissemination, promotion, and implementation of this Circular.

Article 7. Implementation Provisions

This Circular takes effect from July 15, 2022.

The Minister, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-run cities, and related organizations and individuals are responsible for implementing this Circular./.