- With regard to project management Board established by provincial or district - level people committee to manage the projects which are assigned by the person who decides the establishment, it is not required to have a certificate of eligibility for construction activities. However, if the project management Board provides project management consultancy for other projects provided that it ensures the fulfillment of the assigned project management task, it is required to have the certificate of eligibility for construction activities (Clause 5 Article 17 of Decree No. 59/2015/ND-CP).
- A person who has Accounting Certificate or Finance Certificate is not eligible to be granted a license for project management practice (Clause 18 Article 1 of Decree No. 42/2017/ND-CP).
- Upon determination of classes of new construction works independent from current works, it is only based on capacity and level of importance; types and structure scale of these new construction works. Classes of new and dependent construction works shall be determined according to the regulations mentioned in Clause 1 and Clause 2 Article 2 of Circular No. 03/2016/TT-BXD.
- Consulting costs which are determined according to the standard consulting costs provided for in Decision No. 79/QD-BXD dated February 15th, 2017 include payments for experts directly providing consulting services; management cost incurred by the consulting organization; other costs (including payment for professional liability insurance); estimated taxable income exclusive of value added tax (VAT).
Upon the use of qualified affiliated units to directly manage construction projects, project management costs in total investment or construction estimate shall be determined according to the guidelines provided in Part I of the Standard project management and construction consulting costs issued together with Decision No. 79/QD-BXD dated February 15th, 2017 and the factor k = 0.8 shall be applied.
Accordingly, field-based and area-based project management boards are established by Ministries, ministerial-level agencies, People’s Committees of provinces and districts, economic groups and State-owned corporations for the purpose of management of projects on construction investment funded with State budget (Article 6)
Functions of field-based and area-based project management boards include:
- Perform as an investor of a number of designated projects
- Receive and manage investments of projects
- Exercise rights and fulfill investors’ obligations and project management boards
- Transfer as-built construction works to the investor and its owner or directly operate the as-built construction works at request of the investor
- Manage projects under the entrustment agreement with the other investor and ensure the professional capacity meet all requirements of the designated project
- Perform other functions assigned by the project management board founder and take charge of project management
According to the reality of regulatory authorities and enterprises, competent persons may select one or several key project management boards to undergo re-organizing as the basis for the foundation of field-based or area-based project management boards.
This Circular shall come into force from August 15th, 2016
All regulations on construction project management boards prescribed in the Circular No. 03/2009/TT-BXD dated March 26th, 2009, Circular No. 10/2013/TT-BXD dated July 25th, 2013 and Circular No. 09/2014/TT-BXD dated July 10th, 2014 shall be null and void from the effective date of this Circular.
a) The financial management of the investment project in the form of public-private partnership (referred to as "PPP"), including:
- The management and use of expenditures for the investment preparation and the execution of projects of Ministries, regulatory bodies and provincial people’s committees as regulated in Decree No. 15/2015/ND-CP
- The financial plan of a PPP project
- The State capital contribution for the execution of PPP projects
- The financial statement of completed PPP projects
b) Costs of investor selection as regulated in Article 7 of Decree No. 30/2015/ND-CP
This Circular takes effect from May 05th, 2015 and replaces Circular No. 166/2011/TT-BTC dated November 17th, 2011.
1. Method of determining the total construction investment (Appendix 1)
2. Method of determination of construction estimate (Appendix 2)
3. Method of determining the constructional cost estimate (Appendix 3)
4. Method of determining the price of works construction (Appendix 4)
5. Method of determining the norm of works construction estimate (Appendix 5)
6. Method of determining the price of machine shift and constructional equipment (Appendix 6)
7. Method of determining the construction price index (Appendix 7)
8. Reporting form of result of appraisal/verification/consultation to determine the constructional price index (Appendix 8)
In addition, according to the new provisions provided in point b Clause 5 Article 7 of this Circular, the loan interests during the construction shall not be included in the works construction estimate
This Circular takes effect from May 01st, 2016. To replace Circular No. 04/2010/TT-BXD dated May 26th, 2010, Circular No. 06/2010/TT-BXD dated May 26th, 2010 and Circular No. 02/2011/TT-BXD dated February 22nd, 2011.
- The project must be in conformity with sector and regional development planning and plans, and local socio-economic development plans;
- The project must be in conformity with the investment sectors defined in Article 4 of the Decree No. 15/2015/ND-CP and prioritized by the Ministry, Ministerial-level agencies or provincial people’s committees;
- The project must generate revenue to return investment capital to the investors. The project that directly generates revenue from its business operations shall be prioritized
In addition to such criteria, the preliminary selection may base on the following supplemental criteria: the consideration of investors, the project has huge demand for services, convenient factors for performing the investment (such as the site clearance has been finished; the construction of auxiliary works and connection works has been finished; it’s easy to acquire raw materials, fuels, machines and technologies on the market), etc.
This Circular takes effect from April 18th, 2016.
These Annexes are attached to this Circular:
1. Annex I: Guidance on establishment of PPP project proposal
2. Annex II: Guidance on appraisal of PPP project proposal
3. Annex III: Guidance on establishment of feasibility study report on PPP project;
4. Annex IV: Guidance on appraisal of feasibility study report on PPP project.
Circular No. 08/2016/TT-BTC - The new regulations on advance and payment of state investment capital ( 18-Jan-2016) This Circular provides for the management and payment of investment capital for projects funded by state budget (including investment capital of central government budget that are given to central ministries and regulatory agencies; dedicated additional funding of central government budget that is given to local governments; investment capital derived from funding for balancing local government budgets); as for investment projects with different sources of capital which includes the funding from state budget, funds from state budget in such projects shall comply with this Circular read more
Accordingly, with regard to state budget – funded investment projects, the maximum advanced capital rate shall not exceed 50% of the contract value. Particularly, the minimum advanced capital rate shall be as follows: 15% of the contract value (for a consulting contract valued more than VND 10 billion, a construction contract valued from VND 10 billion to VND 50 billion), 20% (for a consulting contract valued up to VND 10 billion, a construction contract valued less than VND 10 billion), 10% (for a construction contract valued more than VND 50 billion)
This Circular takes from March 05th, 2016 and replaces the regulations on management and payment of investment capital with funding from state budget in Circular No. 86/2011/TT-BTC dated June 17th, 2011.