Circular No. 12/2019/TT-BXD guides the construction and management of a database system for construction norms, construction prices, and construction price indices.

CIRCULAR

Guidelines for constructing and managing databases on construction norms, construction prices, and construction price indices
on construction norms, construction prices, and construction price indices

_____________ 

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

Decree No. 81/2017/NĐ-CP dated 17 the 7 The Government's Decree on the functions, tasks, powers, and organizational structure of the Ministry of Construction in 2017;

Pursuant to the Government's Decree No. 68/2019/NĐ-CP dated July 14, 2019 on the management of construction investment costs; 8 for 2019 of the Government on managing investment construction costs;

At the proposal of the Director of the Construction Economy Department,

The Minister of Construction hereby promulgates this Circular on guidelines for constructing and managing databases on construction norms, construction prices, and construction price indices.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the construction and management of databases on construction norms, construction prices, and construction price indices, including: provision, collection, processing, updating, storage, security, publication, exploitation and use, control, and operation of the database system.

Article 2. Applicability

Article 1. This Circular applies to agencies, organizations, and individuals related to the construction and management of databases on construction norms, construction prices, and construction price indices serving the management of construction investment costs for projects funded by state budget funds and non-budget state funds, public-private partnership (PPP) projects, except for construction projects classified as state secrets or national defense projects.

Article 2. It is encouraged for organizations and individuals not falling under the scope defined in Clause 1 of this Article to apply the provisions of this Circular.

Article 3. Principles for constructing and managing databases on construction norms, construction prices, and construction price indices

Clause 1. Databases on construction norms, construction prices, and construction price indices must ensure accuracy, completeness, synchronization, and compatibility with legal regulations and market conditions; timely serve state management work and meet requirements for economic and social development.

Clause 2. Information and data collection and supplementation must avoid duplication and overlapping tasks; there should be close cooperation in information and data collection; maximum utilization of existing information and data sources; ensure effective, feasible, economical implementation, and conservation of resources; information and data processed and updated according to regulations within the database system on construction norms, construction prices, and construction price indices have legal value equivalent to paper files and documents.

Clause 3. Contribute to improving productivity in the construction industry, enhancing state management capacity in economic aspects of construction investment and urban development, and contributing to preventing waste in construction investment.

Clause 4. Agencies, organizations, and individuals bear legal responsibility for the information and data they provide and update in the database system.

Article 4. List of information and data in the field of construction norms, construction prices, and construction price indices

Clause 1. Information and data on construction norms include:

a) Material consumption norms;

b) Labor productivity norms;

c) Machine and equipment construction productivity norms;

d) Project construction cost estimate norms;

đ) Project management cost and construction investment consulting norms;

e) Indirect cost norms.

Clause 2. Information and data on construction prices include:

a) Investment capital and comprehensive construction price of structural components;

b) Construction material prices;

c) Construction labor unit prices;

d) Construction machinery and equipment rental prices;

đ) Construction project unit prices.

Clause 3. Information and data on construction price indices.

Clause 4. Information and data on construction investment projects and construction contracts include:

a) Project information;

b) Total investment amount;

c) Project construction cost estimates;

d) Bid price;

đ) Contract price;

e) Final settlement price.

Clause 5. Detailed information and data are specified in Appendix I of this Circular.

Clause 6. Information and data on construction norms, construction prices, and construction price indices are coded according to the code system specified in Appendix II of this Circular.

Chapter II
PROVISION, COLLECTION, UPDATING, PROCESSING, STORAGE, PRESERVATION, SECURITY, EXPLOITATION AND USE OF INFORMATION AND DATA ON CONSTRUCTION NORMS, CONSTRUCTION PRICES, AND CONSTRUCTION PRICE INDICES

Article 5. Collection and provision of information and data

1. The Construction Departments of provinces and centrally governed cities shall be responsible for collecting, compiling, and providing all information and data as prescribed in Article 4 of this Circular in their respective fields of state management at the local level to the agency managing the database on construction norms, construction prices, and construction price indices for updating into the database.

2. The specialized agencies under ministries managing specialized construction projects shall be responsible for collecting, compiling, and providing the information and data as prescribed in Article 4 of this Circular in their respective fields of management to the agency managing the database on construction norms, construction prices, and construction price indices for updating into the database.

3. Project sponsors, project management boards, and related subjects implementing state-funded projects and public-private partnership (PPP) investment projects shall be responsible for providing information and data on construction investment projects and construction contracts as prescribed in Article 4 of this Circular to the agency managing the database on construction norms, construction prices, and construction price indices for updating into the database.

4. Individuals and organizations engaged in activities related to the field of construction investment cost management shall collect, compile, and provide the information and data as prescribed in Article 4 of this Circular in their respective fields of operation to the agency managing the database on construction norms, construction prices, and construction price indices for updating into the database.

5. Requirements for information and data provided to the database system, specifically as follows:

a) For figures from regular and ad hoc reports of agencies, organizations, and individuals, there must be confirmation by the authorized issuing authority.

b) For figures derived from survey results, they must be accepted by the competent authority.

c) Information and data provided to the database system shall be presented in the form of text accompanied by electronic data files (files); electronic data files must conform to the format and forms stipulated in the Appendices of this Circular.

6. Information and data must ensure comprehensive, timely, and accurate reflection of the situation in each area. When there are modifications or supplements to figures already submitted or figures in the current period show unusual fluctuations, the agency or organization must submit explanations by electronic documents or in writing to the agency managing the database system.

7. Provision and update regime of information and data:

a) The Construction Departments of provinces and centrally governed cities shall be responsible for: Providing information and data on building material prices regularly every month to the database system, no later than the first day of the following month; providing information and data on construction norms, construction prices, and construction price indices no later than ten days from the date of issuance.

b) The specialized construction agencies under ministries managing specialized construction projects shall be responsible for providing information and data on construction norms, construction prices, and construction price indices no later than ten days from the date of issuance.

c) Project sponsors, project management boards, and related subjects implementing state-funded projects and public-private partnership (PPP) investment projects shall be responsible for: Providing information and data on construction investment projects as prescribed in Article 4 of this Circular within ten days from the date of approval decision; providing information and data on construction contracts as prescribed in Article 4 of this Circular within ten days from the date of signing the contract; providing information and data on the final settlement value within ten days from the date of approval decision on the final settlement of the project.

d) Individuals and organizations engaged in activities related to the field of construction investment cost management shall collect, compile, and provide the information and data as prescribed in Article 4 of this Circular in their respective fields of operation when new information and data arise.

Article 6. Consolidation, processing, updating, and publication of information and data by the database management agency

1. The agency managing the database system shall be responsible for periodically consolidating and updating into the database system the information provided by units and individuals specified in Clauses 1, 2, 3, and 4 of Article 5 of this Circular.

2. Updating and consolidating information and data shall be carried out in accordance with the following steps:

a) Receiving information and data; inspecting; screening.

b) Classifying information and data according to the content of the database prescribed in Article 4 of this Circular.

c) Implementing the updating and consolidation of information and data using applications/software as prescribed by the Ministry of Construction.

d) Inspecting the results of updates on the database system.

3. For information and data provided by organizations and individuals, where necessary, the head of the agency or unit receiving and processing such information and data shall establish an advisory board consisting of experts and experienced managers to review and evaluate such information and data.

4. During the processing of information, if any errors or inconsistencies in the provided information and data are discovered, the entity providing the information and data shall be responsible for clarifying, explaining, and correcting and resubmitting the information and data to the agency or unit tasked with processing the information and data.

5. Publication regime for information and data on construction norms, prices, and construction price indices:

a) Information shall be regularly published on the electronic portal managed by the Ministry of Construction, including: Legal regulations related to construction norms, unit prices, and construction prices issued by ministries and sectors within their respective jurisdictions; information on construction norms, construction prices, and construction price indices reported by localities and specialized construction management agencies.

b) Other information and data shall be published and updated quarterly.

Article 7. Storage and preservation of information and data

1. The database management agency must implement management measures, business practices, and technical measures for the information system to protect and restore the system and its content; ensure confidentiality for the application system and databases of the system, including database security level, system security level, and application security level, physical security level.

2. The database management agency has the responsibility to apply information technology to ensure safe storage of data in the database from the following aspects:

a) Physical storage: ensuring that the system operates stably at all times.

b) Logical organization: data must be secured according to the principles and formats of database systems, avoiding intentional damage to the logical structure of the data.

c) Ensuring network information security, preventing information leakage from the database system.

d) Digital data stored on servers must be protected against unauthorized access through advanced security systems and techniques.

3. The database management agency must take measures to ensure the integrity of information and data, regularly inspecting and ensuring the safety of the electronic information system.

4. Data backup:

a) Data retained in the database must be copied onto information storage devices periodically and stored according to established technical, security, and safety procedures as stipulated by current laws.

b) Data must be regularly backed up and stored as required.

Article 8. Information and Data Security Regime

1. The database management agency shall be responsible for ensuring the safety and confidentiality of information, implementing organizational, operational, business, and technical measures to ensure data security, confidentiality, and cybersecurity.

2. Printing, copying, photographing, receiving, transmitting data, storing, preserving, and providing information and data must comply with regulations on information and data confidentiality.

3. The database management agency shall establish specific provisions regarding access rights and updating of information and data.

4. Individuals who perform updates and exploitation of the database shall be granted certain access and update rights within each data component, ensuring strict control over information access within the database system.

Article 9. Exploitation and Use of Information and Data

1. Organizations and individuals may exploit and use information and data on construction norms, prices, and construction price indices through the Internet and electronic websites, specifically including:

a) Exploiting and using the list of information and data on construction norms, prices, and construction price indices.

b) Exploiting and using information and data on construction norms, prices, and construction price indices according to laws that are publicly disclosed and widely disseminated.

2. For information and data outside the scope specified in Clause 1 of this Article, organizations and individuals may apply for access rights to exploit and use through the Internet and electronic websites. The database management agency on construction norms, prices, and construction price indices shall grant access rights to organizations and individuals applying in accordance with the objects and purposes of use as prescribed.

3. Organizations and individuals exploiting and using the database system shall be responsible for:

a) Accessing the correct address and password; not disclosing the address and password provided.

b) Only exploiting and using information and data within the scope granted, not illegally intruding into the database system; using information and data for the intended purpose.

c) Managing the content of exploited information and data, not providing it to other organizations and individuals unless permitted by the database management agency.

d) Not altering, deleting, canceling, copying, revealing, displaying, or transferring part or all of the data illegally; not creating or disseminating software programs affecting or distorting the database on construction norms, prices, and construction price indices; promptly reporting to the database management agency about errors in the provided information and data.

đ) Adhering to legal regulations on state secrets protection; Cybersecurity Law; being responsible for violations in exploiting and using information and data.

4. Exploitation and use of information and data on construction norms, prices, and construction price indices through the Internet and electronic websites must comply strictly with the provisions of the Electronic Transactions Law, the Information Technology Law, and guiding documents.

Chapter III
IMPLEMENTATION

Article 10. Responsibilities of Agencies and Organizations towards the Construction Norms, Prices, and Construction Price Indices Database System

1. Ministry of Construction:

a) Assigning the Construction Economy Department under the Ministry of Construction as the agency managing the construction norms, prices, and construction price indices database system;

b) Providing information and data in the construction norms, prices, and construction price indices database system;

c) Building, managing, and comprehensively controlling the construction norms, prices, and construction price indices database system nationwide;

d) Establishing and perfecting the code system and application software system for managing the construction norms, prices, and construction price indices database system;

đ) Guiding the content and methods of building databases; using the database management software system; ways to update the database from specialized construction management agencies, provincial people's committees, and related subjects;

e) Inspecting and supervising the implementation of regulations on building, managing, exploiting, using, and updating the construction norms, prices, and construction price indices database system;

g) Allocating regular funds from the state budget for managing, operating, and maintaining the construction norms, prices, and construction price indices database system as prescribed.

2. Construction Economy Department - Ministry of Construction:

a) Implementing the organization of building and managing a unified software system to operate and exploit the construction norms, prices, and construction price indices database system;

b) Inspecting, urging, and guiding ministries, sectors, localities, individuals, and related organizations nationwide on building, managing, exploiting, using, and updating the construction norms, prices, and construction price indices database system; serving as the focal point for receiving, processing, and consolidating information on construction norms, prices, and construction price indices reported and provided by ministries, sectors, localities, individuals, and related organizations;

c) Guiding access and provision of information on construction norms, prices, and construction price indices to serve the publication of the Ministry of Construction;

d) Taking the lead and coordinating with the Information Center of the Ministry of Construction to build management and usage regulations for the construction norms, prices, and construction price indices information system, organizing training and professional development in software use.

3. Information Center - Ministry of Construction: Shall be responsible for leading and coordinating with the Construction Economy Department to manage the technical infrastructure of the construction norms, prices, and construction price indices database system; ensuring the security, safety, and confidentiality of the database.

4. Specialized construction management agencies:

Directing specialized construction management agencies to collect, compile, and provide information and data under their management to the database management agency for updating into the construction norms, prices, and construction price indices database system as stipulated in Article 5 of this Circular.

5. Provincial People's Committees/Central City People's Committees:

a) Direct the Department of Construction to develop regulations on managing, operating, using, and updating local construction normative data, construction prices, and construction price indices; regulations on ensuring information security; allocate specialized staff with appropriate expertise to regularly provide, update, operate, and use the system of construction normative data, construction prices, and construction price indices; inspect and supervise the implementation of regulations on construction, management, operation, and use of the system of construction normative data, construction prices, and construction price indices at the local level; guide and urge relevant units, agencies, and organizations at the local level to implement reporting content as prescribed; widely publicize the email address on the electronic information website for organizations and individuals to submit reports and information.

b) Allocate regular funds from the local budget for collecting, compiling, and providing information to the System of Construction Normative Data, Construction Prices, and Construction Price Indices as prescribed.

6. The project sponsor, project management board, and related subjects implementing state-funded projects and Public-Private Partnership (PPP) projects shall be responsible for providing tendering data and final account data of works and projects to the competent construction agency as prescribed in Article 5 of this Circular for updating into the System of Construction Normative Data, Construction Prices, and Construction Price Indices.

Article 11. Implementation Provisions

1. This Circular takes effect from February 15, 2020.

2. In case of difficulties during implementation, please send comments to the Ministry of Construction for consideration and resolution./.