Circular No. 33/2021/TT-BGTVT guiding standard rates for technical and specialized activities in transportation planning

CIRCULAR

Guidelines on standards for technical planning activities within specific industries in the field of transportation
Technical planning activities within specific industries in the field of transportation

Pursuant to the Planning Law No. 21/2017/QH14 dated November 24, 2017;

Pursuant to the Road Traffic Law No. 23/2008/QH12 dated November 13, 2018;

Pursuant to the Vietnam Maritime Code No. 95/2015/QH13 dated November 25, 2015;

Pursuant to the Civil Aviation Law of Vietnam No. 66/2006/QH11 dated June 29, 2006;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam No. 61/2014/QH13 dated November 21, 2014;

Pursuant to the Railway Law No. 06/2017/QH14 dated June 16, 2017;

Pursuant to the Law Amending and Supplementing Certain Provisions of Thirty-Seven Laws Related to Planning No. 35/2018/QH14 dated November 20, 2018;

Pursuant to Decree No. 05/2021/NĐ-CP dated January 25, 2021 of the Government on management and operation of airports and airfields;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 56/2019/ND-CP dated June 24, 2019 of the Government detailing implementation of certain provisions related to the field of transportation in the Law Amending Certain Provisions of Thirty-Seven Laws Related to Planning;

Based on the proposal of the Director of the Department of Planning and Investment and the Director of the Institute of Strategy and Transport Development;

The Minister of Transport hereby issues this Circular guiding standards for technical planning activities within specific industries in the field of transportation.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates standards for the preparation, review, approval, publication, and adjustment of technical planning activities within specific industries in the field of transportation.

Article 2. Applicability

This Circular applies to organizations and individuals participating in the preparation, review, approval, publication, and adjustment of technical planning activities within specific industries in the field of transportation.

Article 3. Explanation of Terms

1. Standard working days is the maximum number of working days that a consultant at the highest level in the group of consultants must spend to complete a task.

2. Consultant levels are divided into four (04) levels as specified in Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, Invalids and Social Affairs regarding the salary level for domestic consultants serving as the basis for budgeting consulting service contracts using state funds under time-based contracts, and are designated as: Level 1 Consultant (CG1), Level 2 Consultant (CG2), Level 3 Consultant (CG3), Level 4 Consultant (CG4).

Article 4. Principles for Applying Standards

1. The standards set forth in this Circular are the maximum standards for performing tasks in the preparation, review, approval, publication, and adjustment of technical planning activities within specific industries in the field of transportation. Depending on the requirements of the planning task, the competent authority shall decide on the appropriate standard to apply.

2. In cases where foreign consultants are hired to prepare part or all of the planning content, the cost standards shall be based on the database of costs for hiring foreign consultants to prepare planning projects corresponding to the wage levels in the region or country where the consultant holds citizenship, commensurate with their qualifications and experience.

3. In cases where there is already a database for the planning, it should be utilized to determine the standards and cost estimates appropriately.

Article 5. Standards for technical and specialized planning activities in the field of transportation

Standards for technical and specialized planning activities in the field of transportation are defined in two (02) stages:

1. Standards for the preparation, review, and approval of planning tasks include:

a) Direct activity standards;

b) Indirect activity standards.

2. Standards for the preparation, review, approval, publication, and adjustment of plans include:

a) Direct activity standards;

b) Indirect activity standards;

c) Strategic environmental assessment activity standards.

Chapter II
STANDARDS FOR TECHNICAL AND SPECIALIZED PLANNING ACTIVITIES IN THE FIELD OF TRANSPORTATION

Article 6. Standards for direct activities

1. Standards for direct activities in preparing road infrastructure planning are specified in Appendix I attached to this Circular.

2. Standards for direct activities in preparing railway route planning and railway station planning are specified in Appendices II and III attached to this Circular.

3. Standards for direct activities in preparing airport and airfield planning are specified in Appendix IV attached to this Circular.

4. Standards for direct activities in preparing detailed port group planning, wharf planning, pontoon wharf planning, water area planning, land and water area development planning, and system port development planning are specified in Appendices V, VI, and VII attached to this Circular.

5. For activities not covered under paragraphs 1, 2, 3, and 4 of this Article (on-site survey, field investigation, traffic survey, purchasing materials, data, maps, renting, depreciation of equipment, copying documents), the necessary volume is determined based on actual conditions when preparing the cost estimate.

Article 7. Standards for indirect activities

1. Standards for indirect activities in preparing, reviewing, approving, and publishing plans include the following activities:

a) Selection of consulting organizations;

b) Organization of conferences, seminars, roundtable discussions, consultations, and opinion solicitation;

c) Organization of reviews;

d) Approval of plans;

đ) On-site surveys;

e) Publication of plans;

g) General management.

2. Detailed standards for each indirect activity under paragraph 1 of this Article are determined based on the necessary volume in the planning task.

Article 8. Standards for strategic environmental assessment activities

Standards for strategic environmental assessment activities are implemented according to Joint Circular No. 50/2012/TTLT-BTC-BTNMT dated March 30, 2012, of the Ministry of Finance and the Ministry of Natural Resources and Environment guiding financial mechanisms and funding levels for strategic environmental impact assessment reports.

Article 9. Standards for plan adjustment activities

Standards for plan adjustment activities are carried out according to Articles 6, 7, and 8 of this Circular, wherein:

1. Partial plan adjustments: based on the content of work that needs adjustment for each adjustment activity to determine when preparing the cost estimate.

2. Comprehensive plan adjustments but within the scope of the approved plan: must ensure that the maximum adjustment cost does not exceed fifty percent (50%) of the cost of preparing a new plan.

3. In cases where the adjustment scope exceeds the scale of the approved plan: must ensure that the maximum adjustment cost does not exceed one hundred percent (100%) of the cost of preparing a new plan.

Chapter III
IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from December 15, 2021.

2. In cases where the referenced documents in this Circular are amended, supplemented, or replaced, the provisions of those amended, supplemented, or replacing documents shall apply.

Article 11. Implementation Organization

1. The Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Directors of the Vietnam Maritime Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, Vietnam Civil Aviation Administration, and the Heads of other agencies, organizations, and individuals concerned are responsible for implementing this Circular.

2. During implementation, if there are difficulties, organizations and individuals are requested to report in writing to the Ministry of Transport for guidance or research and amendment to suit the situation.