Circular No. 23/2010/TT-BXD guiding the determination of costs for drafting and reviewing urban classification plans

Guidelines for determining costs of preparing and reviewing proposals to classify cities

WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 42/2009/NĐ-CP dated September 30, 2009 of the Government on the classification of cities;

The Ministry of Construction hereby issues guidelines for determining costs of preparing and reviewing proposals to classify cities as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the determination of costs for preparing and reviewing proposals to classify cities according to the provisions of Decree No. 42/2009/NĐ-CP dated September 30, 2009 of the Government on the classification of cities.

Article 2. Organizations and individuals using state budget funds to prepare and review proposals to classify cities shall apply the guidelines set forth in this Circular to determine and manage costs.

Article 2. Principles for determining costs of preparing and reviewing proposals to classify cities

Clause 1. Costs for preparing and reviewing proposals to classify cities are determined by preparing a budget estimate in accordance with the guidelines set forth in this Circular.

Clause 2. Costs for preparing and reviewing proposals to classify cities must be appropriate to the subjects performing these tasks.

Clause 3. Management of costs for preparing and reviewing proposals to classify cities must comply with relevant regulations concerning the management of state budget funds.

Chapter II

DETERMINATION OF COSTS FOR PREPARING AND REVIEWING PROPOSALS TO CLASSIFY CITIES

Article 3. Contents of work for preparing proposals to classify cities

Clause 1. Preparing proposals to classify cities includes the following main tasks:

Point a) Surveying, collecting, purchasing materials, data, maps of various types to serve the preparation of proposals to classify cities;

Point b) Preparing proposals to classify cities.

Clause 2. Contents of work for preparing proposals to classify cities are guided by Circular No. 34/2009/NĐ-CP dated September 30, 2009 of the Ministry of Construction detailing certain contents of Decree No. 42/2009/NĐ-CP dated May 7, 2009 of the Government on the classification of cities.

Article 4. Determination of budget estimates for costs of preparing proposals to classify cities

Clause 1. Budget estimates for costs of preparing proposals to classify cities include:

Point a) Costs for surveying, collecting, purchasing materials, data, maps of various types to serve the preparation of proposals to classify cities;

Point b) Costs for preparing proposals to classify cities;

Point c) Costs for organizing related seminars and conferences during the preparation of proposals to classify cities;

Point d) Costs for supplies, office supplies, depreciation of machinery and equipment, other cost items (if any) serving the preparation of proposals to classify cities;

Point đ) Costs for producing videos or discs about the development situation of cities proposed for classification;

Point e) Management costs, profit, and taxes payable (in case of hiring consulting organizations to prepare proposals to classify cities);

Clause 2. In cases where consulting organizations are hired to prepare proposals to classify cities, the consulting organization is responsible for preparing the budget estimate but the maximum amount shall not exceed 20% of the cost of preparing the general planning scheme for the corresponding type of city. Details on how to determine the budget estimate for costs of preparing proposals to classify cities are set out in the annex to this Circular. If travel expenses for preparing proposals to classify cities at the cities concerned are insufficient (in the case of hiring consultants), such expenses may be supplemented based on actual costs.

Clause 3. In cases where state administrative agencies undertake the preparation of proposals to classify cities, the costs are determined by the budget estimate, which includes costs for data collection, payment for remuneration of experts from state administrative agencies undertaking the preparation of proposals on a part-time basis; conference costs.

Article 5. Determination of Costs for Reviewing Urban Classification Proposals

1. The budget estimate for reviewing urban classification proposals includes fees paid to experts from various management agencies at different levels participating in the review; office supplies costs; meeting costs; and other incidental costs (if any) serving the review work.

2. The review cost is 5% of the cost of preparing the urban classification proposal.

Chapter III

MANAGEMENT OF COSTS FOR PREPARING AND REVIEWING URBAN CLASSIFICATION PROPOSALS

Article 6. Management of Costs for Preparing Urban Classification Proposals

1. People's Committees at all levels are responsible for planning capital for the preparation of urban classification proposals within their jurisdiction according to current regulations. Funds for implementing these tasks shall be sourced from local government budgets.

2. Consulting fees for preparing urban classification proposals are managed through consulting contracts for preparing urban classification proposals. Such contracts are determined based on the results of selecting consulting contractors, negotiating, and signing contracts between the agency managing the preparation of proposals and the consulting contractor. The contents of the consulting contract for preparing urban classification proposals must comply with relevant laws on contracts, including provisions on contract prices, advance payments, contract settlements, and required deliverables.

3. The agency managing the preparation of urban classification proposals is responsible for managing the costs of preparing urban classification proposals in accordance with related regulations.

Article 7. Management of Costs for Reviewing Urban Classification Proposals

1. Costs for reviewing urban classification proposals are managed according to approved budget estimates.

2. Payment of review costs for urban classification proposals is based on the scope of review work and approved budget estimates.

Article 8. Authority to Approve Budget Estimates

1. For special cities, first-class cities, second-class cities, and cities with special characteristics: Provincial People's Committees approve budget estimates for preparing and reviewing urban classification proposals.

2. For the remaining cities: District People's Committees approve budget estimates for preparing and reviewing urban classification proposals.

Chapter IV

IMPLEMENTATION

Article 9. Transitional Provisions

1. Works on preparing urban classification proposals that have been carried out under contracts prior to the effective date of this Circular shall continue to be implemented according to the signed contracts.

2. In cases where the preparation of urban classification proposals is still under negotiation and no contract has yet been signed, the provisions of this Circular shall be applied to determine and manage costs.

Article 10. Effective Date

1. This Circular takes effect from February 7, 2011.

2. During implementation, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Construction for study and resolution./.