On the Government Portal, Mr. N.D.D in Bac Ninh asked whether investors are required to approve the estimate to adjust the norms for the volume of road foundation and road surface paving according to the adjustment norms in Circular No. 09/2024/TT-BXD (implemented for the volumes from October 15, 2024, the effective date of the Circular)?
Regarding this issue, the Ministry of Construction responded to this issue as follows: On August 30, 2024, the Ministry of Construction issued Circular No. 09/2024/TT-BXD amending and supplementing a number of construction norms issued in Circular No. 12/2021/TT-BXD dated August 31, 2021 of the Minister of Construction.
The transition to apply the amended and supplemented construction norms issued in this Circular is implemented according to the provisions of Clause 8, Article 44 of Decree No. 10/2021/ND-CP dated February 9, 2021 of the Government on management of construction investment costs:
"Updating construction investment costs according to the construction norms, construction prices, and methods for determining construction investment costs after being issued, announced, and effective by competent authorities as prescribed in this Decree is implemented as follows:
The total investment in construction that has been appraised or approved does not need to be appraised or re-approved. The investor organizes the determination of construction estimates according to the construction norms and construction prices system, and methods for determining construction investment costs are issued and announced according to regulations.
If the construction estimate has been appraised or approved, it does not need to be appraised or re-approved.
Packages that have not yet issued bidding documents, requirements documents before the date of the construction norms system, construction prices, methods for determining construction investment costs are issued, announced and effective: The investor shall update the bidding package estimate to re-determine the bid package price in the approved contractor selection plan, as a basis for selecting contractors according to the provisions of the law on bidding.
For bidding packages that have issued bidding documents and requirements but have not yet paid the bid, investors will consider and decide on updating the bidding package estimates to re-determine the bidding package price as a basis for selecting contractors according to the provisions of the law on bidding. In case the bid has been paid, the bidding documents, request documents, bidding documents, and proposal documents must be followed; there is no need to update the bid package price.
If necessary, the investor decides to update, appraise, and re-approve the total construction investment at Point a of this Clause; the construction estimate at Point b of this Clause shall comply with the authority.
In case the total construction investment, construction estimate, and construction package price specified in Points c, d, and d of this Clause are updated and re-determined, the appraisal and approval of the total adjusted construction investment and construction estimate shall be carried out in accordance with regulations.
