Circular 05/2008/tt-Bxd: Guide Price Adjustment And Construction Contract Due To Fluctuations In The Price Of Raw Materials, Fuel And Building Materials

Original Language Title: Thông tư 05/2008/TT-BXD: Hướng dẫn điều chỉnh giá và hợp đồng xây dựng do biến động giá nguyên liệu, nhiên liệu và vật liệu xây dựng

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CIRCULAR guide price adjustment and construction contract due to fluctuations in the price of raw materials, fuel and building materials---------------------------------------according to Decree No. 17/2008/ND-CP on 04/02/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works; Decree No. 03/2008/ND-CP on 07/01/2008 of the Government about amending and supplementing a number of articles of Decree No. 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works;
The base direction of the Prime Minister in writing the number 164/TTg-CN on January 29/2008 on price adjustments and package deal.
After the Exchange with the Ministry of planning and investment, Ministry of finance, Ministry of construction material price adjustment instructions, fuel and building materials (hereafter referred to as the price of building materials) and construction contract due to price fluctuations outside the control of the owner and the contractor are as follows : 1. Object and scope 1.1. The adjustment in prices of building materials are applied to the package have been implemented in the form of a price package, forms of contract price according to the fixed price menu.
1.2. Regulate forms of contract prices for the contracts have missed made form the price package, the price of the contract according to the fixed unit price the contract price by price adjustments due to the price of building materials fluctuates beyond the control of the owner and the contractor.
2. principles 2.1 adjustment. Construction material price adjustment be calculated for mass construction from 2007 is affected by fluctuations in the price of building materials increases construction costs beyond the control of the owner and contractors (hereinafter known as the volume affected construction price increases).
2.2. The volume affected construction price increases, the level of price adjustment by the owner, the contractor identified and take responsibility.
2.3. Adjust the form of the price package, the price of the contract according to the fixed unit price form the contract price by price adjustments, should clearly identify the contents as: tuning range tuning, tuning, adjustable base, adjustable time ... and only be calculated from the time the price is variable due to the owner and the contractor determined the match progress does.
2.4. The adjusted price of building materials lead to exceeding the total investment was approved and affect the efficiency of investment projects using state capital, the owner reported the investment decision to review the decision.
2.5. for the project construction works done under Decree No. 99/2007/ND-CP dated 13/6/2007 on the management of government investment costs of building works, then the adjustment costs of construction works done as defined in Decree No. 99/2007/ND-CP and the writing guide made the Decree.
3. The method of adjusting the price of building materials construction materials price adjustments are determined for each contract the construction works, each package, and for the whole project. Part of the additional cost because construction materials are determined by estimating the additional construction costs and is grounds for adjustment of the contract price, the price package, the adjusted estimation works and adjust the total investment.
Based on the content of each specific contract, estimate the additional construction costs may be determined by the adjustment coefficient or materials costs by calculating the cost of clearing the material directly. Estimation of additional construction costs are defined as the appendix to this circular.
4. Adjust the construction estimation after estimating the additional construction costs 4.1. For the specified package and contractor of the project, the selection of the contractor but have yet to sign a construction contract or a contract are made (according to the price package, the price of the contract under the fixed-price menu) then the owner determines the expected additional construction costs according to the instructions in section 3 above to do the base adjusted estimation the build works.
4.2. for tenders, projects, works not yet selected the contractor, the owner proceeded to adjust estimation according to the regulations.
4.3. construction estimation adjustments are determined by adding construction estimates were approved with the estimation of additional construction costs.
5. Adjust the price of package after estimating the additional construction costs the investor adjusts the price of package by adding the price winning bid was approved with the estimation of additional construction costs are identified in section 3.
For projects using state capital, case package price after adjustment does not exceed the price of tenders has been approved, the owner decided to approve. Case price tenders after adjusting price exceeds the approved package but not exceeding the total investment, the investor decided to approve and submit results to report the investment decision. Case price tenders after adjustment made beyond the total investment approved the owner reported the investment decision to review the decision.
6. Adjust the total investment after estimating the additional construction costs for projects using state capital, when price adjustments made building materials exceeded the total investment was approved and affect the efficiency of investment projects, the owner reported the investment decision to review the decision. The case of the project due to the Prime Minister, then the investment decision, the Ministerial agency heads, heads of government agencies, the Chairman of the provincial people's Committee, the Chairman of Economics, Chairman of the Board Of the company to the State to decide.
7. Adjust the contract after estimating the additional construction costs 7.1. With respect to the contract concluded, shall be based on the estimated cost of the additional construction and content of the contract was signed, the owner and the contractor signed the contract price supplement as the basis for payment of the contract.
7.2. for the requirement to have had results option but has not yet signed a contract, the investor based on the estimation of additional construction costs and content of the tender, tender to negotiate and sign contracts.
7.3. For adjustment of the contract price form from the form of the price package, the price of the contract according to the fixed unit price form the contract price by price adjustments, the owner reported the investment decision (about the content adjusted as: scope, tuning Base adjustment, the adjustment time...) allow before implementation. Content construction contract as defined in circular No. 01/2007/TT-BXD dated 25/7/2007 of the Ministry of construction contract guide in building activity.
For those projects using state capital by the Prime Minister approving the bidding plan, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the Chairman of Economics, Chairman of the Board Of the company to the State to decide.
8.8.1 implementation organization. The owner held trials, confirmed affected construction volumes increase the price, the Organization calculated and is responsible for the accuracy of the estimation of additional construction costs, adjustments, estimates the price of package, the total investment is adjusted accordingly each time the fluctuations in the price of building materials to make the base for the additional construction costs due to the variable action price of building materials.
8.2. for the construction contract has been done in 2007, does not regulate the price of building materials under the guidance of this circular.
8.3. The ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities, the corporations, the State Corporation organization direction, guide, check the owner, the contractor to make serious adjustments in prices of building materials , adjust the estimate, the price package, the total investment, the contract as defined in this circular; Directing the owner not because the adjustment costs of building works affect the progress of construction, at the same time speeding up the construction works, especially the national key works.
8.4. Adjusting the construction estimation according to the new salary mode follow the instructions of circular No. 7/2006/TT-BXD dated 10/11/2006, circular No. 03/2008/TT-BXD dated 25/01/2008 of the Ministry of construction instructions adjust the construction estimation.
8.5. The transition of the investment project of construction as defined by Decree No. 99/2007/ND-CP on cost management of construction works (including total investment, construction estimating, construction and price limit, contracts in construction activity, the payment , settlement of capital construction) then the owner reported the investment decision to review the decision. For projects that use state capital due to the Prime Minister, then approval, ministerial heads, heads of government agencies, the Chairman of the provincial people's Committee, the Chairman of Economics, Chairman of the Board Of the company to the State to decide.
8.6. This circular have effect after 15 days from the date the report.
In the process, if there are obstacles, the proposal reflects on The building for research.

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