The consulting costs for preparatory work to establish detailed design for implementation after basic design (such as consulting costs for preparing construction drawing designs, design appraisal costs, cost estimation appraisal) have been approved within the total investment amount of the project accompanying the project feasibility study report.

Based on Clause 6, Article 13 of Decree No. 10/2021/ND-CP dated February 9, 2021 of the Government on cost management, since the costs of preparatory work for detailed design for implementation after basic design have been approved within the total investment amount of the project, the Project Management Board (investor) determines that the consulting costs remain unchanged, so there is no need to re-approve the costs before selecting contractors (consulting packages carried out by designated contractors through abbreviated bidding).

Thus, when completing the payment for the volume of work of contracts for consulting services for preparatory work to establish detailed design for implementation after basic design, the controlling unit at the State Treasury requests the investor to supplement "Approval documents of estimates by competent authorities for each task, item of work, construction project for cases of designated contractors or self-performance and work performed without contracts (except for projects only requiring economic-technical reports) as stipulated in Point c, Clause 1, Article 9 of Decree No. 99/2021/ND-CP dated November 11, 2021 of the Government on project management, payment and settlement of projects using public investment capital".

Mr. Quang asked, does the State Treasury's request for providing approval documents of estimates by competent authorities for the costs of preparatory work for establishing detailed design for implementation after basic design be appropriate?

Since the consulting costs are already included in the total approved investment estimate in the decision approving the project feasibility study report, the investor can provide the approval document of the project feasibility study report as a substitute for the document requested by the State Treasury for payment of contracts for the above-mentioned bidding packages, right?

Regarding this issue, the Ministry of Finance replied as follows:

In Point b, Clause 1, Article 9 of Decree No. 99/2021/ND-CP dated November 11, 2021 regarding payment and settlement of projects using public investment capital, it is stipulated:

"1. Legal documents of tasks, projects (submitted for the first time when transacting with controlling agencies, payments, or when there are arising, adjusting, supplementing):

... b) For investment preparation tasks:

-  Annual public investment plans assigned by competent authorities;

-  Decision or document assigning investment preparation tasks by competent authorities (except for cases where investment preparation tasks are already included in the decision approving the project or the decision approving the economic-technical report), adjusting decisions or documents (if any);

-  Cost estimates for investment preparation tasks or estimates for each item of work under investment preparation tasks approved by competent authorities;

-  Decision or document approving contractor selection plans by competent authorities according to the bidding law;

-  Documents of competent authorities permitting self-performance for cases of self-performance and not included in the decision or document assigning investment preparation tasks by competent authorities;

-  Contracts, contract performance guarantees (for cases where contract effectiveness is determined from when the contractor submits contract performance guarantees), additional contract appendices in case of changes in contract contents (if any) or documents assigning tasks or internal contract assignments (for cases of self-performance)."

Thus, the State Treasury bases on the above provisions to control the legal documents for investment preparation tasks.

Therefore, Mr. Quang is advised to comply with the above regulations.