Circular No. 09/2022/TT-BKHCN Issuing Economic and Technical Norms for Drafting, Reviewing, Publishing, and Adjusting Atomic Energy Development and Application Plans

CIRCULAR

Issuing economic-technical norms for planning, reviewing, announcing, and adjusting nuclear energy development and application plans

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Pursuant to the Atomic Energy Law on June 3, 2008;

Pursuant to the Planning Law on November 24, 2017; the Law amending and supplementing certain articles of 37 related laws on planning on November 20, 2018;

Pursuant to Decree No. 95/2017/NĐ-CP dated August 16, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 41/2019/NĐ-CP dated May 15, 2019 of the Government detailing the establishment, review, approval, announcement, implementation, evaluation, and adjustment of nuclear energy development and application plans;

Implementing Resolution No. 119/NQ-CP dated September 27, 2021 of the Government regarding tasks and solutions to improve quality and accelerate progress in establishing plans for the period 2021-2030;

At the proposal of the Director of the Atomic Energy Agency and the Head of the Legal Department;

The Minister of Science and Technology issues this Circular on economic-technical norms for planning, reviewing, announcing, and adjusting nuclear energy development and application plans.

Article 1. Scope of Regulation

This Circular establishes economic-technical norms for the following activities:

1. Establishing and reviewing tasks for planning nuclear energy development and application (hereinafter referred to as planning).

2. Organizing the establishment, review, announcement, and adjustment of planning.

Article 2. Applicability

1. Agencies organizing the implementation of planning, agencies organizing the implementation of planning components, agencies establishing planning, agencies establishing planning components.

2. Consulting organizations for planning, consulting organizations for planning components.

3. State agencies, public service units, organizations, and individuals related to planning establishment, review, announcement, and adjustment.

Article 3. Principles of applying norms

1. Norms issued in this Circular are maximum norms for the agencies mentioned in Article 2 of this Circular to implement work contents in planning establishment, review, announcement, and adjustment activities.

2. Based on the requirements of planning establishment tasks, if necessary to carry out basic investigation works, apply norms according to legal regulations, and submit to competent authorities for decision.

Article 4. Methods for building economic-technical norms

1. Building norms based on legal documents, including:

a) Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing some provisions of the Bidding Law on selecting contractors;

b) Circular No. 02/2015/TT-BLĐTBXH dated January 12, 2015 of the Minister of Labor, Invalids, and Social Affairs stipulating salary levels for domestic consultants as a basis for budgeting consultancy service contracts using state funds under time-based contracts;

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

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

đ) Circular No. 113/2018/TT-BTC dated November 15, 2018 of the Minister of Finance stipulating prices in planning activities;

e) Circular No. 08/2019/TT-BKHĐT dated May 17, 2019 of the Minister of Planning and Investment guiding norms for planning activities;

g) Circular No. 21/2019/TT-BKHCN dated December 18, 2019 of the Minister of Science and Technology stipulating procedures for building economic-technical norms for public services using state budget under the Ministry of Science and Technology's management;

h) Other relevant documents and regulations.

Legal documents cited in this Circular, if amended, supplemented, or replaced by other legal documents, shall be applied according to those amended, supplemented, or replaced legal documents.

2. Methods for building norms not specifically regulated

For methods for building norms not specifically regulated by legal documents, apply according to Article 10 of Circular No. 21/2019/TT-BKHCN dated December 18, 2019 of the Minister of Science and Technology stipulating procedures for building economic-technical norms for public services using state budget under the Ministry of Science and Technology's management.

a) Statistical and comprehensive method: Based on practical experience in building previous planning periods to establish economic-technical norms for planning establishment, review, announcement, and adjustment of nuclear energy development and application;

b) Standard method: Based on technical standards and legal provisions on working hours and rest systems to establish labor norms for each task; based on technical standards and legal provisions to determine consumption rates for each task, from which calculate and build economic-technical norms and materials.

Article 5. Basis for establishing economic and technical norms

The economic and technical norms prescribed in this Circular are established based on the procedures for planning, reviewing, announcing, and adjusting nuclear energy development plans and applications as stipulated in Decree No. 41/2019/NĐ-CP dated May 15, 2019 of the Government detailing the procedures for planning, reviewing, approving, announcing, implementing, evaluating, and adjusting nuclear energy development plans and applications, and Decision No. 108/QĐ-TTg dated January 22, 2021 of the Prime Minister approving the tasks for planning nuclear energy development and applications for the period 2021-2030 with a vision to 2050.

Article 6. Content of economic and technical norms

1. Economic and technical norms for planning, reviewing, announcing, and adjusting include the following component norms:

a) Labor norms

Labor norms refer to the direct and indirect labor time (management, service) required to perform a specific task or work step. The labor time consumption rate in the norm is measured in workdays. One (1) workday is equivalent to eight (8) hours. Indirect labor norms shall not exceed ten percent (10%) of direct labor norms.

Consultant levels are divided into four levels as specified in Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, Invalids, and Social Affairs and are designated as: Level 1 consultant (CG1), Level 2 consultant (CG2), Level 3 consultant (CG3), and Level 4 consultant (CG4).

b) Equipment norms

Equipment norms refer to the necessary equipment usage time for each type of equipment to complete a specific task or work step meeting the criteria and standards issued by competent authorities.

c) Material norms

Material norms refer to the consumption rate of each type of raw material and material necessary to complete a specific task or work step meeting the criteria and standards issued by competent authorities.

2. Norms for planning and reviewing tasks are specified in Appendix I attached to this Circular.

3. Norms for organizing planning and reviewing are specified in Appendix II attached to this Circular.

4. Adjustments to planning are carried out according to Article 34 of Decree No. 41/2019/NĐ-CP. Norms for each adjustment activity for approved plans are applied as norms for new planning activities.

5. Norms for announcing plans and other activities serving planning, including components such as selecting consulting organizations; organizing conferences, seminars, roundtables, consultations, and opinion gathering; convening review boards; travel expenses, communication costs, etc., are implemented in accordance with relevant laws.

Article 7. Responsibility for Implementation

1. This Circular takes effect from July 28, 2022.

2. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Circular.

3. During the implementation process, if any difficulties arise, organizations and individuals shall report them in writing to the Ministry of Science and Technology for guidance or for research on amendments or supplements to ensure compliance./.