On December 29, 2023, the Minister of Construction issued Circular No. 14/2023/TT-BXD amending certain provisions of Circular No. 11/2021/TT-BXD guiding some contents on identification and management of investment costs (Circular 14).

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Accordingly, the construction price of a project includes detailed construction unit prices and aggregated construction prices. The construction price of a project is determined according to the regulations in Article 2, Article 3 of Decree No. 10/2021/ND-CP and detailed guidance in Appendix IV of this Circular.

Investors shall use the construction price system stipulated in Article 1, Article 2 of Decree No. 10/2021/ND-CP and the provisions in Article 1, Article 2 of this Circular as a basis for identifying and managing construction investment costs. In cases where organizations determine the construction price of a project based on detailed construction unit prices or aggregated construction prices based on construction norms, the prices of construction materials, construction labor unit prices, and other relevant contents shall be determined as follows:

Construction material prices

Construction material prices published by competent state agencies according to regulations are the basis for determining the construction price of a project.

In cases where construction materials are not included in the price publication or are included but the types of materials do not meet the requirements for standards, regulations, quality, supply capacity, and specific conditions for each project, the construction material prices for determining the construction price of the project shall be collected, synthesized, analyzed, and evaluated based on referencing information sources on construction material prices as guided in point b section 1.2.1.1 of Appendix IV of this Circular. The selection of construction material prices must be objective, transparent, ensuring the project’s effectiveness.

Encouragement should be given to selecting construction materials that save mineral resources, energy, and are environmentally friendly when preparing feasibility study reports, construction design, and determining construction investment costs for projects, but must ensure investment efficiency and meet project requirements.

In cases where projects require the use of specialized construction materials not commonly available on the market, or imported materials, specific justifications must be provided in the pre-feasibility study report, feasibility study report, economic-technical report, and construction design justification.

Criteria to be evaluated when selecting construction material prices for determining the construction price of a project are guided in point a section 1.2.1.1 of Appendix IV of this Circular.

The method of determining material prices to the construction site is implemented according to the guidance in section 1.2.1.2 of Appendix IV of this Circular.

Construction labor unit prices

Construction labor unit prices published by competent state agencies according to regulations are the basis for determining the construction price of a project.

In cases where the construction labor unit prices published by competent state agencies are not suitable for the specific nature of the work, project, the investor shall organize surveys, determine construction labor unit prices according to the method specified in the Circular guiding the method of determining economic-technical indicators and measurement of construction volume for decision-making when determining construction prices. During the process of determining construction labor unit prices, the Department of Construction shall guide the accuracy, appropriateness of bases, methods for determining construction labor unit prices when requested by investors.

The investor submits the results of determining construction labor unit prices to the Department of Construction for monitoring and management. The results of determining construction labor unit prices submitted to the Department of Construction must demonstrate the basis, method, results of determining construction labor unit prices, and forms (if any) as prescribed. Annually, the Department of Construction aggregates and reports to the Ministry of Construction.

The Circular shall be effective from February 15, 2024.

Above is the entire content of the News: Ministry of Construction guidelines on identification and management of investment costs.

* This news is for informational purposes about newly issued legal regulations and is not intended for specific advice or application in individual cases. 

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On December 29, 2023, the Minister of Industry and Trade issued Circular No. 44/2023/TT-BCT amending and supplementing some provisions of Circular No. 05/2018/TT-BCT dated April 3, 2018, on regulations on the origin of goods. (Circular No. 44).

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Amendments and supplements regarding the origin of goods from February 15, 2024

– Specifically, Circular No. 44/2023/TT-BCT amends and supplements some provisions of Circular No. 05/2018/TT-BCT as follows:

– Replace Appendix I on Specific Rules of Origin under Article 6(2) of Circular No. 05/2018/TT-BCT with Appendix I issued together with Circular No. 44/2023/TT-BCT.

– Replace Appendix II on Declaration of Goods Exported Meeting the Criteria of “WO”, Using Domestically Sourced Raw Materials, Without Value Added Tax Invoice at Point a of Article 7(1) of Circular No. 05/2018/TT-BCT with Appendix II issued together with Circular No. 44/2023/TT-BCT.

– Replace the phrase “point g to point l of this Article” with the phrase “point g to point l of this Article 8” at Article 9(1) of Circular No. 05/2018/TT-BCT.

Rules for preferential origin of goods

– According to Article 5 of Circular No. 05/2018/TT-BCT, specific regulations on preferential rules of origin of goods are as follows:

– For exported goods, imported goods eligible for preferential tariff and non-tariff treatment, preferential rules of origin shall be implemented according to international agreements that Vietnam has signed or acceded to and according to the regulations of the Ministry of Industry and Trade guiding those international agreements.

– For exported goods eligible for general preferential tariff treatment and other unilateral preferences, preferential rules of origin shall be implemented according to the regulations of the importing country for these preferences and according to the regulations of the Ministry of Industry and Trade guiding those rules of origin.

Circular No. 44 shall take effect from February 15, 2024.

Above is the entire content of the News: Regulations on the Origin of Goods from February 15, 2024.

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On December 19, 2023, Decision No. 29/2023/QD-TTg was announced, which regulates the documentation, procedures, and sequence for identifying investment projects using outdated technology, posing potential environmental pollution risks (Decision 29).

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• Sequence and procedures:

• Investors submit a request dossier to determine the technology directly or via postal service or through the online public service portal to the competent authority as prescribed in Article 27 of Decree No. 31/2021/NĐ-CP (the competent authority).
• If the dossier is incomplete or invalid, the competent authority will return the dossier and provide detailed information on the documents that need to be amended or supplemented for the investor to complete the dossier. In case the investor submits the dossier directly at the one-stop department of the competent authority, the deadline for amendment or supplementation is 02 working days from the date of receiving the dossier.
• If the investor submits the dossier via the online public service portal or postal service, the competent authority will, within 02 working days from the date of receiving the dossier, send a document requesting amendment, supplementation, or completion of the dossier.
• Within 03 working days from the date of receiving the dossier that meets the conditions and validity, the competent authority will send a document to the environmental management agency and the corresponding specialized agency to seek coordinated opinions. If necessary, the competent authority will gather opinions from organizations, independent experts for consultation on professional matters and determination of technology for the investment project.
• Within 15 working days, the agency with coordinating opinions, organizations, independent experts send written opinions to the competent authority. Within 05 working days from the date of receiving sufficient opinions, the competent authority will have written opinions to determine the technology for the investment project.
• For investment projects with large scale and complex technology, the competent authority may decide to establish a scientific and technological advisory council to conduct field surveys at the investment project site to determine the technology.
• The scientific and technological advisory council includes key members and experts with appropriate expertise in machinery, equipment, and technological chains that need to be assessed. This council operates under the principles of democracy, objectivity, honesty, and is responsible to the law and the establishing authority regarding consultation content and recommendations.

• The certification of appraisal is issued by designated appraisal organizations, registered with the competent authority, and valid for 12 months from the date of issuance.

Decision 29 takes effect from February 15, 2024.

* This newsletter is for the purpose of providing information about new legal regulations, not for consultation or application for specific cases.

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On December 13, 2023, the Government issued Decree No. 90/2023/NĐ-CP regulating the level, regime, collection, payment, exemption, management, and use of road usage fees (Decree No. 90).

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Decree No. 90 specifies the following levels of road usage fees:

• Fee of 130,000 VND/month: Applicable to vehicles carrying less than 10 passengers registered under individual names or business households;
• Fee of 180,000 VND/month: Applicable to vehicles carrying less than 10 passengers, trucks, specialized vehicles with a total weight of under 4 tons, vehicles transporting goods, and four-wheeled vehicles with engines… Fee of 180,000 VND/month;
• Fee of 720,000 VND/month: Applicable to trucks, specialized vehicles with a total weight from 19 tons to under 27 tons, tractor units with a combined weight from 19 tons to under 27 tons;
• Fee of 1,040,000 VND/month: Applicable to trucks, specialized vehicles with a total weight from 27 tons upwards, tractor units with a combined weight from 27 tons to under 40 tons.

These fees will officially apply from February 01, 2024.

Above is the entire content of the News: Official implementation of new road usage fee rates from February 01, 2024.

* This news is for informational purposes about newly issued legal regulations and is not intended for specific advice or application in individual cases.

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