Circular No. 08/2021/TT-BXD guiding the method for determining costs of establishing and implementing architectural management regulations

CIRCULAR

Guidelines on the method for determining costs of drafting and organizing the implementation of architectural management regulations

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Pursuant to Decree No. 81/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government detailing certain provisions of the Law on Architecture;

In accordance with the proposal of the Director of the Construction Economy Department and the Director of the Construction Economic Institute;

The Minister of Construction issues this Circular guiding the method for determining costs of drafting and organizing the implementation of architectural management regulations.

Article 1. Scope of Regulation and Applicability

1. This Circular guides the method for determining costs of drafting and organizing the implementation of architectural management regulations as prescribed in Decree No. 85/2020/NĐ-CP dated July 17, 2020 of the Government detailing certain provisions of the Law on Architecture.

2. Organizations and individuals using state budget funds shall apply this Circular to determine and manage costs of drafting and organizing the implementation of architectural management regulations.

Article 2. Method for determining costs of drafting and organizing the implementation of architectural management regulations

1. Costs of drafting architectural management regulations are determined according to the following formula:

Where:

C_{qc = A x B x C x D^n}: Costs of drafting architectural management regulations to be determined; unit of measurement: million VND;

N |||_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: Standard cost rate for drafting architectural management regulations issued in Appendix I of this Circular; unit of measurement: million VND/ha;

Article 24_dt: Scale of area for drafting architectural management regulations; unit of measurement: ha;

K_i: Adjustment factor for costs of drafting architectural management regulations as stipulated in Appendix I of this Circular;

n: number of adjustment factors.

2. The costs of drafting architectural management regulations determined under Clause 1 of this Article are the maximum costs for implementing the work of drafting architectural management regulations but do not include value-added tax. The addition of value-added tax shall be carried out in accordance with relevant regulations.

3. Costs of drafting architectural management regulations do not include costs of compiling lists of valuable architectural works. Costs of compiling lists of valuable architectural works are determined in accordance with the guidance provided in Clause 4, Article 3 of this Circular.

4. In cases where the scale of area for drafting architectural management regulations falls between two scales specified in Appendix I of this Circular, the standard cost rate for drafting architectural management regulations shall be calculated as follows:

Where:

N |||_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: Standard cost rate for drafting architectural management regulations to be calculated, unit of measurement: million VND/ha;

of_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: Scale of area for drafting architectural management regulations, unit of measurement: ha;

of_a: Scale of area for drafting architectural management regulations at the higher level, unit of measurement: ha;

of_b: Scale of area for drafting architectural management regulations at the lower level, unit of measurement: ha;

N |||_a: Standard cost rate for drafting architectural management regulations corresponding to Ga, unit of measurement: million VND/ha;

N |||_b: Standard cost rate for drafting architectural management regulations corresponding to Gb, unit of measurement: million VND/ha.

5. In cases where the scale of area for drafting architectural management regulations exceeds the scale specified in this Circular or where the costs determined based on the standard rates are not suitable for the requirements of drafting architectural management regulations, the costs of drafting architectural management regulations shall be determined based on the budget estimate as guided in Appendix II of this Circular. The preparation and approval of the budget estimate must ensure its suitability with the content, volume, and requirements of the work of drafting architectural management regulations and other relevant regulations.

6. Costs of organizing the implementation of architectural management regulations are determined based on a budget estimate that is appropriate to the content of the work of organizing the implementation of architectural management regulations and relevant regulations.

Article 3. Determination of costs for drafting, reviewing, and organizing the implementation of architectural management regulations

1. The cost of drafting architectural management regulations includes expenses for investigation and survey; expenses for those participating in the drafting of the regulations; expenses for purchasing materials, data, various types of maps; office supplies; depreciation expenses for equipment; travel and accommodation expenses; storage expenses; conference and seminar expenses; and other related expense items.

2. The cost of drafting architectural management regulations is determined based on the scale of area, cost standards issued in Appendix I of this Circular, and adjustment factors, if any.

3. In cases where the architectural management regulation has been approved and needs to be adjusted, the cost of drafting the adjusted architectural management regulation is determined by the budgeted cost but shall not exceed 70% of the cost of drafting the new architectural management regulation corresponding to the provisions of this Circular. The budgeted cost is determined according to the guidance provided in Appendix II of this Circular.

4. The cost of compiling a list of valuable architectural works or supplementing valuable architectural works into the list of valuable architectural works that have been approved is determined based on the cost standards issued in Appendix I of this Circular. The cost of reviewing and adjusting the list of valuable architectural works that have been approved is determined at 20% of the cost of compiling the list of valuable architectural works corresponding to the provisions of this Circular.

6. The cost of reviewing architectural management regulations and reviewing lists of valuable architectural works are expenses allocated directly for review activities such as: direct payment for individuals and agencies inside and outside the unit participating in the review process; conference and seminar expenses, meetings for opinions from related units; coordination expenses with units for actual surveys during the review process. The cost of reviewing architectural management regulations and reviewing lists of valuable architectural works is determined at 5% of the cost of drafting architectural management regulations and the cost of compiling lists of valuable architectural works corresponding to the provisions of this Circular.

7. The cost of publishing architectural management regulations is determined at 2% of the cost of drafting architectural management regulations corresponding to the provisions of this Circular.

8. The cost of business management for drafting architectural management regulations is the cost for activities of the managing agency during the drafting process such as: expenses for experts, part-time staff, meeting expenses, travel expenses, office supplies, and other tasks serving the business management of drafting architectural management regulations. The cost of business management for drafting architectural management regulations is determined at 6% of the cost of drafting architectural management regulations corresponding to the provisions of this Circular.

Article 4. Transitional Provisions

1. For works of drafting architectural management regulations being carried out according to contracts signed before the effective date of this Circular, they shall be implemented according to the contents of the signed contracts.

2. For works of drafting architectural management regulations which have had their budget costs approved but have not yet organized the selection of contractors, or have organized the selection of contractors for drafting architectural management regulations but are still in the negotiation process and have not yet signed contracts, they shall be implemented according to the provisions of this Circular.

Article 5. Effective Date

This Circular takes effect from September 17, 2021.