(Chinhphu.vn) – For construction and installation bidding packages, investors may provide construction warranty costs in the general category, which are inconsistent with the provisions of the Circular No. 06/2016 / TT-BXD guiding the determination and management of construction investment costs..

Mr. Duong Chinh Nghia's company (in Hanoi) attended the construction and installation package according to the package contract form. In the general category, the investor has invited the cost of the construction warranty. When settling, the investor and the auditing consultant remove this cost with the reason for the construction warranty is the contractor's responsibility.

Mr. Nghia's point of view is as follows:

- Provision cost is invited by the investor.

- The company is protecting the cost of construction warranty in the item cost which is not determined from the design (ie belonging to the general item cost).

- Why is the cost of insurance under the responsibility of the contractor being charged while the warranty cost is the responsibility of the contractor? (Article 46 of the Decree 37/2015 / ND-CP states that insurance and warranty are the responsibility of the contractor). Why is the cost of contract performance guarantee being the responsibility of the contractor charged?

On the basis of the above point of view, Mr. Nghia swould like to request agencies to answer, do warranty costs belonging to general item costs? Is the investor invited to bid as stated above? Is his company paid when it bids the constructionwarranty cost?

The Ministry of Construction answers this issue as follows:

Under the provisions of Point a, Clause 2, Article 46 of the Decree No. 37/2015 / ND-CP dated April 22, 2015 of the Government detailing construction contracts, the contractor shall be responsible for warranty submission and warranty of equipment in accordance with the agreements in the contract.

The agreement of the contract parties on warranty period, warranty level, warranty guarantee level must be in accordance with construction law.

The contractor may only refund the warranty of the work warranty after the end of the warranty period and is certified by the investor that the warranty has been completed.

For construction and installation bidding packages, investors are required to provide construction warranty costs in the general category, which are inconsistent with the provisions of the Circular No. 06/2016 / TT-BXD dated March 10, 2016 of the Ministry of Construction for the direction. guidance to identification and construction management of investment costs. Therefore, in the process of finalization and auditing, this cost is in accordance with the regulations.