Can a project undergo appraisal fees from two entities?
Mon, 28 Aug 2023 14:11:00 | Print | Email Share:
Mr. Nguyen Dinh Hoang inquired whether, in the case of a project that requires appraisal from both a specialized construction agency (Department of Construction) and an expert body of the investment decision maker (functional department of the district's People's Committee), the appraisal fee could be charged twice for these two units.
According to Mr. Hoang's reference to Article 3 of Circular No. 28/2023/TT-BTC: "Article 3. Collection of fees by the competent specialized construction agency for appraising reports on feasibility studies of construction investment projects, the agency responsible for appraisal under the investment decision-maker (state agency, public-sector unit) for appraising reports on feasibility studies of construction investment projects, appraisal of economic-technical reports on construction investment projects according to the provisions of Clauses 14 and 15 of Article 1 of the amended and supplemented provisions of some articles of the Construction Law is an organization that collects fees."
The Ministry of Finance responded to this issue as follows:
In Clause 1 of Article 4 of Circular No. 28/2023/TT-BTC dated May 12, 2023, of the Ministry of Finance, stipulating the fee rates, fee collection regulations, payment, management, and use of project appraisal fees for construction investment projects:
"1. The fee for appraising construction investment projects (fee for appraising reports on feasibility studies of construction investment projects or fee for appraising economic-technical reports on construction investment projects) as provided in the fee schedule issued together with this Circular. The fee is calculated as a percentage (%) of the total project investment amount applicable at each appraisal agency.
Based on the above regulations, the fee is calculated as a percentage (%) of the total project investment amount applicable at each appraisal agency.
In the case that a construction project is appraised by the specialized construction agency (Department of Construction), the fee payer shall submit the fee to the specialized construction agency.
In the case that a construction project is appraised by the responsible agency under the investment decision maker (functional department of the district's People's Committee), the fee payer shall submit the fee to the agency responsible for appraisal under the investment decision maker.
By: Translator: LeAnh-Bizic
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