Dear:-ministries, ministerial agencies;
                                   -People Committee the province, central cities;
                   -The economic Corporation, the State Corporation.
After checking the grasp the situation, through the comments of the unit and the ministries concerned on application of circular No. 09/2008/TT-BXD dated 17/4/2008 of the Ministry of construction and price adjustment guide construction contract due to fluctuations in the price of raw materials, fuel and building materials. The construction of specific instructions as follows: 1. On the types of materials to be adjusted.
Circular No. 09/2008/TT-BXD have defined the types of building materials are adjusted (13 types), cases need to adjust other construction materials due to fluctuations in price, the investor reports Minister, Chairman of the provincial people's Committee, the Chairman of Economics, Chairman of the Board Of the company to the State to decide. Separately the products structure was created by the type of construction material to be adjusted then also be adjusted as required.
2. estimation Of the additional construction costs up.
Estimation of additional construction costs up once on the basis of volume has made and the remaining volumes not yet done of the contract, to look after the tuning has exceeded the total investment or not to the person who has the authority to decide the adjustment (under section 6 circular No. 09/2008/TT-BXD). Cases after adjusting price fluctuations have continued building materials do beyond estimation has been made additional adjustments.
3. About the time to calculate the difference in materials.
Time to calculate the difference in materials is the time trials staged complete, could by month, quarter, or the period specified in the contract.
The price of the material at the time of calculation, the difference in price is adjusted to the material at the time of collecting the mass completed by the Department of communications, announced or under invoice, voucher valid as defined by the Ministry of finance consistent with using the market price where the construction works.
Worth the price difference is material price difference the material at the time adjusted compared with the price of construction materials in the contract, the estimation of pharmaceutical package browser or material price at time 28 days before the date of opening of tender (tender cases) for the contract to be signed since 2007 , or the price of the material at the time of the December 2006 fourth quarter 2006 or if no reviews at the time of the December 2006 for the contract to be signed before 2007. The case building material prices in contracts, estimates approved lower-priced package of building materials by the competent State agencies notified or announced at the time respectively, then retrieved by the competent State agencies notified or announced.
Vouchers, valid invoice vouchers, invoices according to the regulations of the Ministry of finance. The contractor responsible for the legitimacy of bills, check owner, apply. The case does not determine the price of materials on the basis of the invoice by the contractor to provide (more the price, bought from before, at various times) then the owner look, decided to apply the right price to the market price where the building at the time of collecting the complete volume. Case the investor incompetent, then you can hire a consultant to review the assessment decision.
For fuel (petrol, oil, ...): when doing offset fuel costs, the owner and the contractor, determine the volume or the proportion of the fuel on the basis of the price in the contract, air shift norms for evaluating fuel in the circular of the Ministry of construction Guide and method of determining the price of ca and devices for construction works (circular No. 12/2005/TT-BXD dated 17/4/ 2005, circular No. 03/2006/TT-BXD dated 22/5/2006, circular No. 01/2007/TT-BXD dated 25/7/2007 ...). The case for the machine and the device is not specified, then use the fuel consumption of the machine has technical economic indicators.
4. determine methods of estimating the additional construction costs.
Estimation of additional construction costs can be determined according to the method of coefficient of material cost adjustment or offset the cost of direct materials and calculated for each contract according to the instructions in the Appendix of circular No. 09/2008/TT-BXD. The construction of specific instructions as follows: 4.1. Determine the estimated cost of the additional construction by the method of cost adjustment factor of the material.
Estimation of additional construction costs calculated by the method of weighting adjustments to cost of materials is determined on the basis of the value of direct material costs, the proportion of the cost of materials, materials are adjusted and the material price increase factor (K).
The value of direct material costs, the proportion of the cost of the material is determining adjustment on the basis of the contract price; The case of the contract price is the price (lump sum) shall determine the proportion of the cost of materials based on the structure of the cost estimation, level of estimation by the State promulgated or announced, reviews and pricing structure built of local price structure and norms of similar works.
 
Coefficient of material price increase is determined according to the following formula: in which:-K is the coefficient of material price increase at the time adjust-Ki is material price index at the time adjust-K0 is material price index at the time of the December 2006 fourth quarter 2006, or if not there at the time of price index in December 2006 for signing contracts before 2007 , or material price index at the time 28 days before the date of opening of tender (tender cases), the time of the approval of the financing package (the case indicated the bid) for contracts signed since 2007.
The price index was applied as the price of The building or of price index Of statistics or index reviews by owner organizations determined by the Guide method of determining the price of the index build in text of 1599/BXD-VP on 25/7/2007.
4.2. Identify the estimated cost of the additional construction by the method of clearing direct materials cost.
The case to determine the volume and the price of construction materials in the contract, the estimated additional construction costs determined by the method of clearing direct material costs according to the instructions in circular No. 09/2008/TT-BXD DATED and this text.
5. About advance capital for the contractor to buy raw materials, fuel and building materials.
If the advance of capital when the contract done as required shall be price adjustments when there are fluctuations in the price of building materials.
The case when the advance the two sides determine the amount of the advance for the purchase of raw materials, fuel, building materials or special advance ways to buy raw materials, fuel, building materials, before the price fluctuations do not adjust prices for the volume of raw material, fuel, building materials purchased corresponding to the amount deposited.
6. To ensure the capital, helping to accelerate the progress of the project, at the same time reducing the damages to the contractor, the owner is allowed to temporarily browse additional estimation to make advance basis, interim payment to the contractor pending the adjustment procedures. After the case temporarily browse additional estimation without exceeding the total investment of the investor for the advance payment, on the basis of additional temporary estimation; Case of exceeding the total investment they must seek permission before investment decisions people advance payment advance.
To make good the price adjustment and construction contract due to fluctuations in the price of raw materials, fuel and building materials according to circular No. 09/2008/TT-BXD, suggest the ministries, local focus, guide implementation, strengthen inspection, promptly solve the obstacles in the implementation process. Proposed provincial people's Committee directed the Department of construction, Department of finance updated market information, timely announced monthly construction materials price match market prices, create conditions for the owner, the contractor, the institutions concerned, determine the base estimation of additional construction costs.
The implementation process if there are obstacles, suggest the ministries, local investor and related organizations reflect on The building to promptly consider and resolve.
The obstacles may be sent in writing on The building or construction Sets website exchanges (www://http.moc.gov.vn) or contact us directly via the telephone number of The building: 9760271 Ext. 336, 338, 339, 344.