The DECREE on the management of the investment costs of building works _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law building on November 26, 2003;
Considering the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. The object of this Decree apply apply to organizations and individuals related to the management of the cost of construction works at the project uses 30% of capital of State.
Encourage organizations and individuals related to the management of the cost of construction works in use less than 30% of the capital of the State to apply the provisions of this Decree.
Article 2. Scope of this Decree, the regulation on the management of the investment costs of building works include: total investment; construction estimation; norm and construction prices; conditions of capacity; the rights and responsibilities of the investment decision, investors, contractors manage construction costs; payments, capital construction investment using capital state capital, including the State budget, which official development assistance, capital investment credit of the State, which by the State credit guarantees and other investment capital of the State.
With regard to the use of resources of official development assistance (ODA), if the international treaties to which Vietnam is a member there are regulations on the management of the investment costs of building works other than the provisions of this Decree shall follow the provisions of international treaties.
Article 3. The principle of cost management in investment construction 1. Manage the cost of construction works (hereinafter referred to as the management costs) to ensure the goal of effective investment projects, construction and fit the market economy mechanism.
2. Managing costs for each work, in accordance with the stage of the construction works, the design step, the type of funding and the regulations of the State.
3. Total investment, construction estimation must be estimated according to the method, the cost of prescribed items and match the length of the construction period. The total investment is the maximum cost that the owner be allowed to invest in the construction works.
4. State of implementation of cost management through the enactment, the instructions and check the implementation of the regulations on the management of costs.
5. the building owner is responsible for comprehensive management of costs from the investment preparation stage to the end of the building put into operation works, use.
6. The provisions of this Decree and the cost of construction investment has been the investment decision or approval of the owner under the provisions of this Decree is to base the Organization functions to perform the inspection, testing, check out the investment costs of building works.
Chapter II the TOTAL INVESTMENT CONSTRUCTION article 4. Content total investment construction 1. The total investment of construction works (hereinafter referred to as the total investment) is the expected cost of the project is determined according to the provisions in clause 1 article 5 of this Decree. The total investment for the investor planning and capital management when implementing construction investment.
2. The total investment includes: construction costs; the cost of the equipment; compensation costs, support and resettlement; project management costs; the cost of construction investment; other fees and costs.
3. The costs of total investment are specified as follows: a) construction costs include: costs of building works, projects; the cost of demolition of the construction works; cost of leveling build; the cost of constructing the temporary works, ancillary construction service; temporary home where to stay and what works.
b) equipment costs include: costs of purchasing technology equipment; the cost of training and technology transfer (if any); cost of installation, calibration/testing; transportation costs, insurance; taxes and other related charges.
c) the cost of compensation, resettlement and assistance include: costs of compensation, the work on the land, the property attached to the land in accordance to compensation and other compensation costs; the support account when the State revoked the land; relocation costs; the cost of the compensation organization, support and resettlement; the cost of using land in construction time (if any); investment costs of building infrastructure (if any);
d) project management costs include the costs to implement project management from project planning till completion, handover, brought the work to harness the use and costs of monitoring, assessment of investment projects;
DD) investment costs include: construction cost consulting, survey, project, design, construction supervision and other related consulting fees.
e) costs include: working capital in time for the production of investment projects aimed at building business; interest during construction, and other necessary expenses;
g) standby costs include: costs of backup for workload incurred and costs for sliding elements during project implementation.
Article 5. Set the total investment of 1. The total investment is determined by one of the following methods: a) calculated according to the basic design, including construction costs are calculated by weight primarily from the basic design, the other planned volumes and construction prices consistent with the market; cost of equipment is calculated according to the quantity, category of the device match the design technology, the price of the equipment on the market and other factors (if any); compensation costs, support and resettlement are calculated according to the volume to support compensation, relocation of the project and the mode of the State concerned; project management costs, the costs of construction and investment costs are determined by estimating or provisional under the percentage (%) of the cost of construction and equipment costs; contingency fees are determined according to the provisions in paragraph 3 of this article; for the work only requires reporting of technical-economic, then total investment Council the estimation and compensation costs, clearance relocation (if available). Construction estimation calculated by mass from design to construction drawings and the provisions in article 9 of this Decree.
b) Computed by area or use the capacity of the construction and General construction price according to the structural parts, by area, public use (hereinafter the General construction price), productivity of capital construction works respectively at the time of project modifications, additional costs not included in the price of General construction and investment performance to determine total investment;
c) calculated on the basis of data of the project, the technical-economic indicators had done. The case method is applied to calculate the conversion of similar projects on the project time and adjust the cost of items not yet determined in the total investment;
d) matching the specified in point a, point b and point c, paragraph 1 of this article.
2. The total investment of the works are reporting and investment applied forms of turnkey contracts are estimated on the basis of the capacity of the investment or the costs of similar works have been done and the cost factors affecting total investment according to the length of time the construction works.
3. Costs for the workload incurred is calculated by the percentage (%) of the costs specified in point a, b, c, d, e and e account 3 article 4 of this Decree. The cost for the sliding element price is calculated on the basis of the length of time the construction works and the construction price index in accordance with the type of construction works taking into account the likely movements in the country.
Article 6. Evaluation, approved a total investment of 1. Evaluation of total investment is a content of the evaluation projects of construction, including the content: a) the suitability of the method of determining the total investment with characteristics, technical nature and technology requirements of the project construction works;
b) adequacy, reasonable and consistent with the actual market requirements of the items in the total investment cost;
c) valuation of investment guarantee effective construction investment.
2. The investment decision assessment organization total investment or hiring organizations, individual consultancy cost management (hereinafter referred to as the individual organization management consulting costs) eligible under the provisions of chapter V of this Decree verified. Appraisal fees or the cost of assessment is included in the total investment. Organizations and individuals performing the evaluation, assessment of investment must be responsible before the law about the reasonableness, accuracy of results, evaluation assessment.
3. Total investment recorded in the investment decision by the investment decisions of approval.
Article 7. Adjust the total investment of 1. The total investment was approved only to be adjusted in the case of project adjustments as specified in clause 2 article 1 of law amendments and supplements to some articles of the law concerning the basic construction investment that alters the total investment (increase or decrease).
2. The investment decision the decision approving the total investment adjustments. Total investment cases adjust not exceeding the total investment was approved and do not alter the location, the scale, the goal of the project, the investor decide and take responsibility for the approval of a total investment of regulators.
3. the total investment to adjust to change in comparison with the total investment approved must be held or due diligence investigation prior to approval.
4. If adjusting the total investment under the provisions of paragraph 1 of this article increases the scale of (Group) project, the project manager is still made according to the scale (Group) project was approved before the tune.
Chapter III CONSTRUCTION ESTIMATION article 8. Content construction estimation 1. Estimation of construction works (hereinafter referred to as the estimates process) is determined according to the particular construction and is grounds for the owner to manage the cost of construction works.

2. Estimation works are set bases on the basis of the volume of the work defined by the design, engineering or construction drawing design, job duties are performed by public works and construction, unit price costs calculated according to a percentage (%) (hereinafter the "norm cost rate) needed to perform job duties, mass.
3. content estimation works include: construction costs; the cost of the equipment; project management costs; the cost of construction investment; other fees and costs.
Article 9. Estimating the process 1. The estimation process was established as follows: a) construction costs were established for the work, the main work items, the work of specific works and was determined by estimating (estimate construction costs). For the auxiliary buildings, temporary buildings serving construction, construction costs are determined by estimating; temporary home to stay and run field construction, construction costs are determined by the level of the rate;
Estimating construction costs include direct costs, general costs, income tax, taxable value, the cost of building a temporary home to stay and construction operating at the scene. Construction cost estimation can identify each content costs or general content costs.
Estimating construction costs be set under one of the following methods:-the method of volume and unit price full construction;
-Total volume methods for evaluating the cost of materials, labor, construction machines and corresponding price;
-The method of capping the cost of construction has the technical-economic indicators had done;
-Other methods consistent with the nature and characteristics of construction works.
b) cost of equipment in the estimation of works including the costs of purchasing the equipment, including the cost of training and technology transfer (if any); the cost of installing the equipment, laboratory fees, and other related costs (if any);
The costs of purchasing the equipment is determined on the basis of the volume, the number of types of equipment needed to purchase, processing and processing equipment or purchase price. The cost of training and technology transfer, the cost of installing the equipment, laboratory fees, and other related costs (if any) are determined by estimation;
c) project management costs include the expenses needed to implement the Organization owner of project management. Project management costs are determined by the cost of the national norms or estimating;
d) investment costs include construction cost consulting projects construction, survey, design, construction supervision, management costs and the costs of other related advice. The cost of construction investment is determined on the basis of the reference rate of cost norms by State or determined by estimation.
Salary of consultants when estimating the month-who is determined based on the basic wages, social costs, management costs, profits, other than the average allowance by the State or the market. The case has identified the specific advisory organization shall be based on actual wages, social costs, management costs, profit, the other allowances in the financial report has been audited or have been certified by the tax authorities, financial or similar contracts have been signed or are made in the most recent years of consulting and annual wage inflation to calculate, determine;
DD) other costs include costs not specified at points a, b, c and d of paragraph 1 of this article and are determined by estimating or norm cost rate;
e) costs for workload incurred is calculated by the percentage (%) of the costs specified in point a, b, c, d and DD clause 1 of this article. The cost for the sliding element price is calculated on the basis of the length of time the construction works and the construction price index in accordance with the type of construction work.
2. for the work only requires reporting of technical-economic, the total investment at the same time as the estimates. In this case, the estimation of works including the costs of compensation, resettlement clearance (if applicable).
3. The project has several buildings, the owner can determine the total estimate of the project to cater for the management costs. Total estimate of the project is determined by adding up the estimated cost of the works and the costs involved in the project.
Article 10. Appraisal, approval of estimation works 1. The investor held the appraisal estimate works before approval. Content evaluation including: a) check the fit between the volume of the estimation with masses of design;
b) check the logical correctness, of applying, use the unit cost, construction cost limit rate, estimating the cost of consultation and estimate the cost of other items in the estimation process;
c) determine the value estimation.
2. where the client is not eligible, the capacity evaluation then allowed individual organizations hire consultants qualified competence, professional experience to verify the estimation process. The Organization, individual consultancy survey estimation works are responsible before the law and the owner of assessment results.
3. Investor approval of estimation works (except the requirements of work established the technical-economic report will do the investment approval decision) after the evaluation or assessment and responsible before the law on approval of results estimation. The approved work plan is the basis for determining the price of package, price and construction as a base to negotiate the contract, payment to the contractor in case the specified bid.
Article 11. Adjust the estimation process 1. The estimation process is adjusted in the following cases: a) The case prescribed in clause 1 article 7 of this Decree.
b) The case is allowed to change, complement the design is not contrary to the basic design or structural changes in the cost estimates but not exceeding the total investment approved structures, including the cost of backup.
2. works adjustment estimation is determined according to the method of direct compensation, the method of coefficient of tuning, tuning method by the construction price index and other methods. Component values adjusted according to the case mentioned in paragraph 1 of this article is determined separately when making additions to the adjusted estimates (if any).
3. Investor approval, appraisal organizations estimate adjustment works. With regard to the requirements of work established the technical-economic report, if the estimation value adjustment works does not exceed the value estimation has been the investment decision of approval, the owner of self evaluation and approval organization; the case of estimating value was beyond the investment decision of approval, the owner reported the investment decision before the organization assess and estimate the investment decisions of approval.
Chapter IV NORMS BUILD and the PRICE BUILDING article 12. Norm construction 1. Norm construction including technical-economic norms and cost the national norm.
2. technical-economic norms regulating the levels of wear and cost of materials, labour and construction machines to complete a unit of mass construction.
3. the level of the cost of the rate used to determine the costs of certain types of work, the cost of construction including: project management, building consultancy, preparation of construction, general expenses, other expenses directly, temporary home to stay and run construction scene taxable income computed before and some of the work, the cost of the other.
Article 13. Establishment and management of building norms 1. The building instructions the building norm-setting methods and announced construction norms.
2. On the basis of norm-setting method of construction as defined in paragraph 1 of this article, the Ministry, the provincial people's Committee held up and announced the construction of norms for the particular work of local branches.
3. for construction are already in construction quota system was announced but not yet fit measures, construction conditions or technical requirements of the work, the owner, contractor, consultant organization was adjusted the norms it accordingly in order to apply for the work.
4. for new building works not yet in construction quota system was announced, the owner, contractor, consulting organization based on the technical requirements, construction conditions and methods of building norms due to The build instructions for the construction of the norm or apply the same construction norms in other works.
5. The owner hired consulting organization that qualify the capacity, the experience to make set up, tuning, verify the construction norms the provisions in paragraph 3 and 4 of this Article. Consulting organizations responsible before the law and the owner of the reasonableness, accuracy of the construction norms.
6. The case of the norms are established according to the provisions in clause 3 and 4 this is used to set the price of the package using the applicable state budget form specifies the bid then the owner reported the review investment decisions, decisions (private construction works in the investment projects due to the Prime Ministry, the investment decisions Minister of industry managers, the Chairman of the provincial people's Committee decision).
Article 14. Construction price system 1. The price system construction includes construction and unit price reviews general construction. Unit price construction was created for specific construction projects. General construction cost from the unit cost of building works.
2. construction rating system used to determine construction costs in total investment and financing projects.
Article 15. Set unit price construction 1. Construction unit price was established on the basis of the market value or the extent of wear and cost of materials, labour and construction machines to complete a unit of mass construction and cost factors specific to the relevant works as follows:

a) Reviews building materials defined match criteria, types and quality of materials used for concrete construction. Building materials price determined on the basis of the market value by the function provided by the manufacturer, supplier price information or reviews have been applied to other works have the same quality standards. Reviews of materials to the construction are calculated according to the method of establishing the price of construction works;
b) construction labour is determined on the basis of calculated correctly, the computer worker wages enough and matched with common labour market of each area, as measured by each industry needs to use;
c) Reviews ca machines and construction equipment are defined according to specific works and according to the method of construction by the guide or by using the market price of American popular machine.
2. With regard to the construction works (including the use of ODA funds) that requires the use of foreign labour, materials, materials import, equipment import and other specific requirements, then the unit cost to build was created additional costs according to actual conditions and particularities of the process.
Article 16. Construction cost management 1. The owner method established base unit price construction, technical requirements, specific implementation measures of the work held up construction unit price, price General construction as the basis for determining the total investment and the construction estimation to manage costs.
2. construction owner hired the Organization, individuals are eligible experience, capacity to perform the work or part of the work related to the establishment of the construction price. Individual counseling, organization must be responsible before the law and the owner of the reasonableness, accuracy of construction cost by themselves.
3. provincial people's Committee announced the labor price reviews American construction machines and equipment according common method by The build instructions and labour announced the province's construction as a basis of reference for setting unit price construction.
Article 17. Construction price index 1. Construction price index as indicator reflecting the level of volatility of the price of construction over time and as the basis for the determination, adjustment of total investment, construction estimating, construction contract price and cost management in investment construction.
2. the construction price index is determined by the type of structure, according to the cost element, cost structure, construction materials, according to the area and are published each time. The Ministry of construction announced the construction price index and method of building construction price index.
3. With respect to the particular construction that is not yet in the construction price index due to the Ministry of construction announced the owner hired the consulting organization that is eligible to determine capacity building price index for works by the method of construction by the construction price index announced to make up base , adjust the total investment, construction estimating, construction contract price and cost management. Consulting organization is responsible for the accuracy of the construction price index already provided.
Chapter V CONDITIONS of the CAPACITY of the Organization, the INDIVIDUAL cost of MANAGEMENT CONSULTANT 18. General provisions on condition that the capacity of the Organization, the individual cost management 1. The Organization, individuals performing consultancy work to manage the following costs are eligible under the regulations: a), total cost undertaking;
b) reviews the effectiveness of investment projects in construction;
c) identify investment performance standards, norms, unit price construction, construction price index;
d) measure the mass looting of construction works;
DD), verify the estimation of construction works;
e) determine the price package, the contract price in construction activities;
g) cost control of construction works;
h) Established a payment profile, settlement contract;
I) established the payment records, settlement of capital construction.
2. The capacity of consulting organizations manage costs are shown under 2 and class are determined on the basis of the number of individuals with the certified construction engineers in the organization.
3. The capacity of the individual cost of management advice is expressed in the form of certified construction engineer.
4. is the individual public servants are working in the State administration are related to cost management meet to qualify the provisions of this Decree are certified construction engineers; the consulting practice of public officials must comply with the provisions of the law on public servants;
5. management consulting organization costs specified in this Decree includes consulting organizations only perform the specific job cost management and other consulting organizations can function of practice performing the tasks related to managing costs and meet conditions under the regulations.
Article 19. Certified construction engineers 1. Certified construction engineer is granted for individuals to be eligible under the provisions of article 20 of this Decree.
2. The certified construction engineer was assigned to the certificate of construction engineers, class 1 and class 2 under the unified model and value within the country.
3. Certificate of construction engineers by Director-level construction. Director of construction Department is responsible for organizing certification engineer construction according to the provisions of this Decree, published on the front page of local electronic information.
Article 20. Conditions of certificate of construction engineers 1. Conditions of certificate of construction engineers, class 2: a) Have full capacity for civil acts, not banned the practice following a decision of the competent authority, not being in a State of suffering prejudice criminal liability, Executive imprisonment sentence;
b) have graduated from College in economic majors, technical-economic, engineering, Bachelor of Economics by the legal institutions in Vietnam or abroad and are implementing the management costs;
c) Has trained certificates, professional training assessment as prescribed by the Ministry of construction;
d) participated in construction activity for at least 5 years from the date granted a diploma. The case of private Graduate Economics specialized building construction activities in time for at least 3 years;
DD) Have participated in at least five of the work referred to in Article 18 paragraph 1 of this Decree.
2. Conditions of certificate of construction engineers, class 1: a) certified construction engineer 2nd class;
b) Has for at least 5 years continuous active participation cost management since being certified construction engineer 2nd class;
c) participated in a training course, fostering professional advanced management costs and investment policy mechanisms;
d) was taken at least 5 of the work referred to in Article 18 paragraph 1 of this Decree.
3. where the proposed certificate of construction engineers, class 1 when no certificate of construction engineers, class 2 then someone suggested certification must be a minimum of 10 years continuous active participation of management costs and make at least 5 of the work referred to in Article 18 paragraph 1 of this Decree.
4. The Vietnam and the alien certificate of construction engineers or other equivalent documents due to the legal organization of the foreign grants also use value recognized to consulting jobs cost management in Vietnam. For the organizations, individual foreigners implementation before consulting the job cost management must be the State Agency has the authority to license works and labour permit under the provisions of the law of Vietnam.
Article 21. Conditions of the capacity of the Organization, the individual cost of management consultant 1. Consulting organization to perform the management job costs are eligible: a) management consulting organization costs, class 1: at least 5 individuals in the Organization have the certified construction engineer, class 1;
b) management consulting organization costs, class 2: at least 3 individuals in the Organization have the certified construction engineer, class 2 or 1 individual certificate of construction engineers, class 1.
2. Individuals operate independently of management consultancy costs are eligible: a) certified construction engineers;
b) Has registered the business consulting activities according to the provisions of the law.
Article 22. The scope of activities of the Organization, the individual cost of management consultant 1. The scope of activities of management consulting organization cost: a) management consulting organization costs, class 1: made the advice the management costs of national important projects, project groups A, B, C and works only for the technical-economic report.
b) management consulting organization costs, class 2: made the consulting job cost management consulting organizations such as # 1 except the work specified in point a, b and g of paragraph 1 Article 18 decrees for national important projects;
c) for organizations that have not yet qualified rated: made the advice the management costs of the works only for technical-economic report;
2. The scope of activity of the individual operating independent of cost management consultants: a) individual engineers certificate 1st class building valuation is done;
-Implementation of a consultant or some work managing the costs of national important projects (except the work specified in point a, b and g of paragraph 1 Article 18 decrees); the project group A;
-Make all the advice the management costs of the project groups B, C and works only for the technical-economic report.
b) individuals with the certified construction engineer 2nd class is done:-implement the advice the management costs as individuals with the certified construction engineer's class 1 except the work specified in point a, b and g of Article 18 paragraph 1 of this decree with regard to the project-group A , B;
-Perform all the work the project cost management of Group C and works only for the technical-economic report.

3. for the construction of investment projects in the region have socio-economic difficulties, individuals who have graduated from secondary technical, economic, technical-economic back-up, has trained certificates, professional training assessment of the training prescribed in clause 1 Article 23 of this Decree shall be made of management consulting cost for the project of Group C and works only for the technical-economic report.
4. Individuals with the certified construction engineer but no active business registration management consultancy costs according to the provisions of the law be made the management costs but not signed the report, verify the results the management costs referred to in paragraph 1 to article 17 of this Decree.
Article 23. Management of the training and certification of engineers construction 1. Training establishments, the professional training construction must have the following conditions: a) is the business registration certificate or decision established in respect of the facility does not have a business registration certificate in accordance with the law; functions, the task of training, professional training in areas of expertise related to cost management;
b) programs, teaching material matching program issued by Ministry of construction frame;
c) have a minimum of 3 qualified affiliated faculty expertise and teaching experience to meet the requirements of the content of programs by the Ministry of construction issued frames and have a minimum of 7 years of experience in the field of cost management.
2. The build system for the governance of training, professional training assessment, certified construction engineers; guide the content related to the framework program training, improving assessment and procedures for certification procedures construction engineer.
3. Department of construction is the registered record review certificate of local valuation engineer; the organization level, certificate re-issuance, construction engineers, resolve complaints, accusations regarding Manager training and certification engineers construction according to the authority; inspect the training facilities, not recognizing or withdraw the training certificate, professional training construction due to the training facilities are not eligible.
Chapter VI RIGHTS and LIABILITY of the INVESTMENT DECISION, investors, CONTRACTORS MANAGE CONSTRUCTION COSTS article 24. The rights and responsibilities of people who decided to invest 1. The investment decision has the following rights and responsibilities: a) ensure enough investment capital to pay for the project, works over time, progress has been approved;
b) organized the appraisal or organize rental decision, individual qualified consultancy capacity to verify the total investment of the construction works;
c) approved total investment together with the approval of projects and a total investment of adjusted as prescribed;
d) decided to adopt the new norms do not have in the quota system has announced or, the norms already in construction quota system was announced but not yet fit measures, construction conditions or technical requirements of the work to establish the unit cost in the requirement to use the applicable state budget form specifies the bid;
DD) decide the form of the contract price, the package price in construction activities;
e) approved capital investment projects;
g) The other rights and responsibilities related to the management of costs under the current provisions of the law.
2. Depending on the scale, the nature of the project, the investment decisions are delegated or decentralized direct subordinate agencies to perform one or more of the work in his responsibility.
Article 25. The right and the responsibility of the owner.
1. The owner is responsible for comprehensive management of the cost of construction works.
2. The owner has the right to, the following responsibilities: a) held up investment projects construction and give the instructions, requirements, investment limits as the basis for the project. The choice of design, technology, equipment, construction materials, primarily the people who review investment decisions, approved;
b) are allowed to regulate and approve the total investment adjustments in the case of structural adjustment items in total investment costs or the cases adjust the total investment under the provisions of article 7 paragraph 1 of this Decree, but do pass the total investment has been approved;
c) held up, evaluation and approval of construction estimation;
d) held up, decided to adopt the new norms do not have in the quota system has been announced or application, use the level of adjustment, similar construction norms in other works except the norms stipulated in paragraph 6 article 13 of this Decree;
DD) decide the application, use the construction materials price, price, price of construction machines and equipment as the basis for setting unit price construction, construction estimation; the reference price due to the functional organizations announced by the producer, supplier price information or prices apply to the other works have the same quality standards and using the market value to apply to the works;
e) recommending the choice of form of contract prices, the price of package in the works to build the people who decided to invest;
g) includes capital, payment and settlement of contracts and the provisions in contracts signed with contractors.
h) held control of the investment costs of building works under regulation;
I) decisions and take responsibility for the accuracy of the suggested value billing agencies and invested capital payment for the contractor.
k) are allowed to hire the individual organization management consulting costs to perform the work on management costs and be responsible before the law about the selection of organizations and individuals consulted;
l) is entitled to compensation or sue the administrative court or the Court of compensation for the economic damage caused by the delay of payment of capital;
m) approve or reject the proposals, changes in construction methods, technical requirements proposed by the contractor. Control of changes in the process of construction works related to change the investment costs of building works or speeding up the implementation of the construction works;
n) The other rights and responsibilities related to the management of costs under the current provisions of the law.
Article 26. The rights and responsibilities of the contractors cost management 1. Be made public consultation the management of costs according to the capacity and operating range specified.
2. the owner is required the payment of costs under contracts already signed; is the payment of interest due to the delay of payment, is entitled to compensation or sue the administrative court or the Court of compensation for economic damage caused by the delayed settlement of the investor.
3. Be responsible before the law and the owner of the outcome management activity costs and compensation for damage caused to the owner (if any) as the content of the contract was signed.
4. professional liability insurance.
5. Not to disclose the information, documents and related cost management activities performed by themselves without permission of the owner or the authorized level.
6. The rights and responsibilities related to cost management under the current provisions of the law.
Article 27. The rights and responsibilities of building contractors 1. Decide the norms, unit price and other costs related to the tender price when participating in the bidding.
2. During the construction phase are changing construction measures after having been the owner or representative of the owner in order to accelerate approval, quality assurance, safety on the basis of the value of the contract was signed.
3. Proposed and agreement with the owner of the norm, the unit cost for the work arising in the process of construction.
4. Be actively use the expenses to build temporary homes to stay and run construction scene, other fees directly for the work of service.
5. Is entitled to require the payment of interest due to the delay of payment; to compensation of the damage caused by the slow delivery of the premises and the other damage is not the fault of the contractor.
6. The contractor is responsible for compensation to the owner of the relevant parties and the damage caused by the fault of the contractor (if any) in the slow progress of construction regulations.
7. The other rights and responsibilities related to the management of costs under the current provisions of the law.
Chapter VII-PAYMENT, settlement of CAPITAL CONSTRUCTION of Article 28. Construction contract payment of the advance payment, the billing profile construction contract follow the provisions in the Decree of the Government on the contract in construction activity.
Article 29. Payment of capital construction investment.
1. within 7 working days from the date of the application for payment under the rules, the Agency paid capital are responsible for the payment of a capital payment as proposed by the owner or representative of the owner on the basis of the plan which had been delivered.
2. The owner is responsible for the price, volume and value of the payment in the payment proposal profile; capital payment agencies are not responsible for the price, volume and value of the payment in the payment proposal profile of the owner or legal representative of the owner. During the checkout process, if the detected errors in the record to suggest the payment agencies, payment of capital notice in writing to the owner or representative of the owner added, complete the profile.
3. Prohibit the the billing agency capital and the investor makes the unlawful regulations in the payment of capital construction.
Article 30. Capital construction investment 1. The construction work using state capital after completing all must make settlement of capital construction.

2. Investment capital are finalizing is the entire legal costs have made the investment process in order to put the work into the harness, use. Legal costs are costs that are realized in the scope of the project, design, estimation is browser including additional adjustments, part under the provisions of the contract concluded, in accordance with the provisions of the law. For the capital works using the State budget, the investment must be in the settlement are limited to total investment is approved by the authority.
3. The owner is responsible for making settlement of capital construction works to the people approved by the investment decisions of 12 months for national important projects and project group A, 9 months for the project group B and 6 months for the project group C from the date of completion of works , mined, used. After 6 months since have decided to approve capital projects completed, the owner has the responsibility to resolve the debt, all the math project account in the billing agency invested.
With respect to the work, independent work items completed entered project construction, the settlement made at the request of the investment decision.
4. the approval authority of capital investment: a) for important national projects and other important projects due to investment decisions: Prime-Minister of finance approval finalizing the project components which use the State budget; delegated or decentralized settlement approval jurisdiction projects;
-Investor approval finalizing the project components do not use the State budget.
b) for the rest of the project: the investment decision is who has the authority to approve capital investment. The project has commissioned the investment decisions, the investment decisions regulating the approval of investment capital.
Chapter VIII STATE MANAGEMENT on the COST of CONSTRUCTION WORKS in article 31. The Ministry of construction, Ministry of construction is responsible for the uniform implementation of State management of investment costs of building works and is responsible for: 1. Guide the methods and cost management in investment construction; guide the measuring method of peeling the volume works, price ca machines and construction equipment, construction estimation adjustments, construction price index, the length of time to build, cost control in construction; guide training, improving assessment and management of the certified construction engineer.
2. Announce construction norms, valuation of the cost of project management and investment consultancy, construction on targets capacity building construction investment, construction price index and other indicators.
3. Inspect, examine the implementation of the regulations on the management of the cost of construction works.
Article 32. The Ministry of finance 1. Guide the payment, settlement of capital construction investment.
2. salary and fee provisions guiding the use of management fees, investment project appraisal fees for certificate of construction engineer.
3. Inspection, check the payment, settlement capital projects budget.
Article 33. The Ministry and the provincial people's Committee 1. The Ministry, the provincial people's Committee to base the method established by the Ministry of construction norms build instructions, Organization building and announced the construction of norms for the particular work of the Ministry, local. The Ministry, the provincial people's Committee to periodically send the annual norm of construction announced during the year on The building to monitor, manage.
2. provincial people's Committee guide, manage construction costs and check the implementation of the regulations on the management of construction cost in the area.
Chapter IX Enacted PROVISIONS 34. Handle forward 1. Construction investment projects approved before the date this Decree is in effect but not yet implemented or being implemented then the cost management work done under the provisions of Decree No. 99/2007/ND-CP on 13 June 2007 and the Decree No. 03/2008/ND-CP dated 7 January 2008 by the Government on amendments supplement some articles of Decree No. 99/2007/ND-CP on cost management of construction works.
Case management costs according to the provisions of this Decree, the owner reported the investment decision to review the decision.
2. investment and construction project was established, but due diligence has not been approved before the date of the Decree has effect, the costs of construction were assessed not assessed; the work cost management implemented after approval of the project conducted under the provisions of this Decree.
Article 35. Implementation 1. The Decree has effect as from October 1, 2010 and to annul the regulations on managing the cost of construction works specified in Decree No. 99/2007/ND-CP on 13 June 2007 by the Government on managing the cost of construction works and Decree No. 03/2008/ND-CP on 07 January 2008 of the Government on this page supplementing a number of articles of Decree No. 99/2007/ND-CP DATED. 2. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, heads the political organization, social-political, social-political organization of the profession, the Chairman of the Board of the economic group, the State corporations and other organizations individuals concerned is responsible for the implementation of this Decree.
3. The Ministry of construction, in coordination with the ministries concerned is responsible for implementing this Decree instructions./.