Circular No. 81/2001/TT-BNN guiding the implementation of acceptance and payment of preparation costs for irrigation projects under the Ministry of Agriculture and Rural Development.

CIRCULAR

Guidelines for the implementation of the acceptance and payment of preparation costs

for irrigation projects under the Ministry of Agriculture and Rural Development

- Based on Decree No. 73/CP dated November 1, 1995 of the Prime Minister regarding the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development.

- Based on Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government on the issuance of the Investment and Construction Management Regulations and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government amending and supplementing certain provisions of the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP.

- Based on the cost norms for investment and construction consulting services issued by the Ministry of Construction.

- In accordance with the proposal of the Director of the Basic Construction Investment Department.

The Ministry of Agriculture and Rural Development guides the implementation of the acceptance and payment of preparation costs for irrigation projects under the management of the Ministry of Agriculture and Rural Development as follows:

I. Costs for collecting and purchasing basic documents:

Costs for collecting and purchasing meteorological, hydrological data, aerial photographs, maps at scales of 1/50,000, 1/25,000, land maps, soil suitability maps, current land use maps, crop layout maps, etc., shall be accepted and paid based on actual expenses, but not exceeding the approved budget estimate. Party B must submit all valid receipts and invoices to Party A as the basis for payment.

II. Surveying costs:

1- Survey volumes that have been approved by the Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry) in the project outline and budget estimates shall be accepted and paid by the Irrigation Project Preparation Board to Party B based on actual volumes, but not exceeding the approved volumes in the project outline and budget estimates. If the required survey volume exceeds the approved volumes in the project outline and budget estimates, Party B must submit a written request to the Preparation Board for review before reporting to the Ministry; if the request is approved by the Ministry, Party B must prepare supplementary project outlines and budget estimates for the Preparation Board to submit to the Ministry, and only after approval by the Ministry can the work be carried out and accepted and paid.

2- For irrigation projects that select consultants through bidding to prepare Feasibility Study Reports or Detailed Feasibility Study Reports, during implementation, if the consultant finds it necessary to supplement the project's objectives and tasks, the consultant and the Preparation Board must submit a written report to the Ministry, accompanied by a written request from the local authority (province level). After obtaining the Ministry's approval for supplementation, the consultant must prepare supplementary project outlines and budget estimates for the Preparation Board to submit to the Ministry, and only after receiving the Ministry's approval decision can the work be carried out and accepted and paid.

For other supplementary items during the survey and preparation of Feasibility Study Reports and Detailed Feasibility Study Reports, the acceptance and payment procedures shall follow the current regulations.

III. Costs for investment preparation consulting services:

1- For projects that have been approved for Feasibility Study Reports or Detailed Feasibility Study Reports for the entire project to proceed to construction, the costs for preparing Feasibility Study Reports and Detailed Feasibility Study Reports shall be calculated and accepted and paid according to a percentage of the total approved construction and equipment costs in the Feasibility Study Report or Detailed Feasibility Study Report, or according to the bid price (in cases of bidding, tendering, quotation, etc.).

2- For projects where, after completing and reviewing Feasibility Study Reports or Detailed Feasibility Study Reports, only part of the project is approved (not due to the fault of the consultant), the consulting costs shall be calculated as follows:

a- For parts of the works (work items) approved in the Feasibility Study Report or Detailed Feasibility Study Report, the consulting costs shall be calculated and accepted and paid at 100% of the approved parts of the works (work items) according to the contract signed between the consultant and the project owner.

b- For parts of the project (project components) that have not been approved in the Feasibility Study Report or the Detailed Feasibility Study Report, consultancy fees shall be calculated and accepted at a maximum of no more than 70% of the consultancy fee standard based on the total construction and equipment costs according to the selected plan of the project part (project component) which has been reviewed by the competent authority in accordance with current regulations, policies, and basic construction unit prices; the remaining amount shall be deposited in the treasury and will only be paid upon approval decision or when the Ministry approves the final settlement.

3- For projects that have completed the Feasibility Study Report or the Detailed Feasibility Study Report according to the assigned schedule, and whose documents have been accepted by the Water Resources Investment Preparation Board in accordance with the regulations and transferred to the Ministry's review agency, but due to certain reasons (not due to the consultancy unit's fault), the project has not yet been reviewed and approved by the competent authority, the maximum payment shall be up to 70% of the consultancy fee standard based on the total construction and equipment costs according to the implemented selected plan. The remaining consultancy fee shall be paid only after the project has been reviewed and approved by the competent authority.

IV. Other consultancy fees:

For other consultancy tasks such as preparing compensation projects, resettlement and relocation; environmental impact assessment; rural development support; translating documents from Vietnamese to foreign languages, etc., a work outline and budget must be prepared and submitted for approval by the Ministry. Upon acceptance and payment, the cost shall be calculated based on the actual workload, ensuring compliance with current regulations and not exceeding the approved budget.

V. Costs for reviewing feasibility study reports:

The costs for reviewing and review fees for water resources investment projects shall be carried out in accordance with the current guidance documents of the Ministry of Construction, Ministry of Finance, etc.

VI . Costs of the Water Resources Investment Preparation Board:

The costs of the Water Resources Investment Preparation Board shall be implemented in accordance with the guidance provided in Document No. 453/BXD-VKT dated April 5, 1996, issued by the Ministry of Construction.

VII. Implementation Organization:

1- This Circular guides the acceptance and payment of preparation costs for water resources projects managed by the Ministry of Agriculture and Rural Development, and shall take effect fifteen days from the date of signature.

2- The provisions in this document serve as the basis for the Water Resources Investment Preparation Board and related units to accept and pay for the completed survey work and the Feasibility Study Report and Detailed Feasibility Study Report submitted by Party B, and form the foundation for compiling and recording the investment preparation costs (within the total project investment) when issuing the approval decision for the Feasibility Study Report or Detailed Feasibility Study Report.

3- Any issues encountered during implementation or suggestions for amendments and supplements should be reported in writing to the Ministry of Agriculture and Rural Development (through the Department of Investment and Basic Construction) for research and resolution./.