Circular No. 08/2011/TT-BXD dated June 28, 2011 of the Ministry of Construction guiding the model contract for some construction consultancy jobs

THE MINISTRY OF CONSTRUCTION

Circular No. 08/2011/TT-BXD of June 28, 2011, guiding the model contract for some construction consultancy jobs

Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government's Decree No. 48/2010/ND-CP of May 7, 2010, on contracts in construction activities;

The Ministry of Construction guides the model contract for some consultancy jobs as follows;

Article 1. Scopes of regulation

1.The Circular guides the model contract for some construction consultancy jobs including consultancy on work construction survey; consultancy on elaboration of work construction investment projects; elaboration of econo-technical reports on work construction; and consultancy on work construction designing (below referred to as construction consultancy) for application to projects with 30% or more state capital.

2. Projects funded with official development assistance (ODA) capital may comply with relevant treaties to which Vietnam is a contracting party and which contain provisions different from those of this Circular.

Article 2. Subjects of application

Organizations and individuals related to construction consultancy contracts, inspection, examination on, auditing and payment of investment capital of construction works under projects with 30% or more state capital.

Article 3. Guidance on application of the model construction consultancy contract

1. The model construction consultancy contract promulgated together with this Circular (not printed herein) consists of:

Part I: Grounds for contract signing

Part II: Clauses and conditions of the contract

2. Guidance on application

This Circular guides the model construction consultancy contract between investor and contractor. In case the principal is a general contractor or principal contractor, the parties shall apply this model contract.

When applying the model contract, parties shall base themselves on the provisions of the Government's Decree No. 48/2010/ND-CP of

May 7, 2010, on contracts in construction activities and other relevant state regulations and the following guidance to reach an agreement in contract:

2.1. Investors and contractors shall apply the model contract based on specific consultancy jobs of each bid package. For each consultancy job, they shall specify its content and volume, quality and quantity requirements, takeover of consultancy products and payment dossier.

2.2. Parties shall specify in the contract the advance payment level, payment schedule, payment installments, contract performance security (if any), time of contract settlement, effective duration of the contract, percentage of the contract price (for contract prices calculated in percentage), termination time of the contract, etc.

2.3. In a contract, one or more contract prices corresponding to contents of consultancy jobs may apply as specified in Clause 15.1 of the model contract. For different contract prices, parties may reach agreement on their adjustments as appropriate.

Article 4. Effect

1. This Circular takes effect on August 15, 2011. Contracts signed before the effective date of this Circular are not required to comply with this Circular.

2. Any problems arising in the course of implementation should be reported to the Ministry of Construction for consideration and settlement.-

For the Minister of Construction

Deputy Minister

TRAN VAN SON