Circular No. 08/2016/TT-BXD dated March 10, 2016 of the Ministry of Construction guiding a number of contents on construction consultancy contracts

THE MINISTRY OF CONSTRUCTION

Circular No. 08/2016/TT-BXD datedMarch 10, 2016 of the Ministry of Construction guidinga number of contents on construction consultancy contracts

Pursuant to Construction Law No. 50/2014/QH13of June 18, 2014;

Pursuant to the Government’s Decree No. 37/2015/ND-CPof April22, 2015, prescribing in detail construction contracts;

Pursuant to the Government s Decree No.62/2013/ND-CP of June25, 2013, detailing the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No.46/2015/ND-CPof May 12, 2015, on quality management and maintenance of construction works;

Pursuant to the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects;

At the proposal of the Director of the Construction Economics Department;

The Minister of Construction guides a number of contents on construction consultancy contracts as follows:

Article 1.Scope of regulation and subjects of application

1. This Circular guides a number of contents of construction consultancy contracts, including construction survey consultancy, consultancy for formulation of construction investment feasibility study reports, construction design consultancy, and construction supervision consultancy (below collectively referred to as construction consultancy) under the following construction investment projects (including also construction contracts between investors implementing public-private partnership projects and contractors performing bidding packages under such projects):

a/ Construction investment projects of state agencies, political organizations, socio-political organizations, socio-politico-professional organizations, socio-professional organizations, social organizations, units of people’s armed forces, and public non-business units;

b/ Construction investment projects of state enterprises and enterprises with state capital accounting for 30% or more;

c/ Construction investment projects other than those defined at Points a and b of this Clause, of which state capital or capital of state enterprises accounts for 30% or more of the total investment or accounts for less than 30% of the total investment but is valued at more than VND 500 billion.

2. This Circular applies to organizations and individuals involved in the establishment, and management of performance of, construction consultancy contracts under construction investment projects prescribed in Clause 1 of this Article in Vietnam’s territory. Organizations and individuals involved in construction consultancy contracts using other capital sources are encouraged to apply this Circular.

3. For construction consultancy contracts under projects funded with official development assistance (ODA), in case treaties to which Vietnam is a contracting party contain provisions different from those of this Circular, such treaties shall prevail.

Article 2.Construction consultancy contract dossiers and order of priority

1. A construction consultancy contract dossier must comprise a construction consultancy contract with the contents prescribed in Article 141 of Construction Law No. 50/2014/QH13 and accompanied documents.

2. Documents accompanying a construction consultancy contract constitute an integral part of the contract. These documents include:

a/ A notice of bid winning or contractor appointment;

b/ A document on specific conditions of the contract or terms of reference;

c/ A document on general conditions of the contract;

d/ The bidding dossier or dossier of requirements of the principal;

dd/ The bid dossier or dossier of proposals of the contractor;

e/ The approved feasibility study report (for construction design consultancy contracts);

h/ Contract negotiation minutes and documents amending or supplementing the contract;

i/ Annexes to the contract;

k/Other related documents.

3. The order of priority in choosing documents accompanying a consultancy contract shall be agreed by the parties. In case the parties cannot reach an agreement, the order prescribed in Clause 2 of this Article shall apply.

Article 3.Management of contract performance

The management of performance of construction consultancy contracts must comply with Article 7 of Decree No. 37/2015/ND-CP and the following provisions:

1. Major contents of a recommendation, proposal, request or feedback from the parties include: name of contract, time of request (date), deadline for reply (date), name of requester, name of replying unit, contents of the request, list of documents (if any) enclosed with the request, cost changes (if any) and other contents, signature (affixed with seal if necessary).

2. Management of contract performance progress: To comply with Article 14 of Decree No. 37/2015/ND-CP and Clause 2, Article 12 of this Circular. When entering into a construction consultancy contract, the parties shall reach agreement on contract performance schedule, and time for work reporting and handover (the phasing of the contract performance schedule must comply with the progress stated in the bid dossier).

3. Quality management: To comply with Article 13 of Decree No. 37/2015/ND-CP. Products which are handed over must meet quality requirements in accordance with regulations on quality management of construction works. Contractors shall take measures to manage the quality of jobs performed by themselves or theirsubcontractors(if any).

4. Management of work volume and contract price: To comply with Articles 12 and 15 of Decree No. 37/2015/ND-CP and Clauses 1 and 3, Article 12 of this Circular. The parties shall manage work volume and contract price in accordance with the signed contract and accompanied documents.

5. Safety management, environmental protection and fire and explosion prevention and fighting must comply with Article 48 of Decree No. 37/2015/ND-CP.

Particularly, construction survey consultancy contractors shall take measures to ensure safety for workers and the surrounding environment.

6. Adjustment of contracts and other contents of contracts shall be managed in accordance with Article 12 of this Circular.

Article 4.Work contents and volume and products of construction survey consultancy contracts

1. Agreements between the parties on work contents and volume and products of a construction survey consultancy contract must conform with construction investment stages, technical regulations and standards on construction survey relevant to the category and grade of construction work, survey tasks and plans, requirements of the bidding dossier or dossier of requirements, bid dossier or dossier of proposals, and contract negotiation minutes.

2. A bidding package for construction survey may include one or all of the following survey jobs: topographic and geological survey, geohydrological and meteohydrological survey, survey of the current state of the work, and other construction survey jobs.

Construction survey contents may include:

a/ Making a technical plan for construction survey in accordance with Article 13 of Decree No. 46/2015/ND-CP;

b/ Collecting and analyzing available data and documents;

c/ Conducting site survey;

d/ Setting up control networks and measuring and drawing detailed topographic maps;

dd/ Measuring and drawing underground technical works;

e/ Setting up geodetic control networks for linear works;

g/ Conducting hydrological, geological and geohydrological measurement and mapping;

h/ Conducting geophysical research;

i/Drilling, taking samples, testing and identifying mechanical, physical and chemical properties of soil, rock and water;

k/ Conducting meteorological, hydrological, geological and geohydrological observation;

l/ Conducting measuring and mapping of the current state of works;

m/ Processing data and making construction survey result reports;

n/ Other construction survey jobs.

3. The volume of construction survey work shall be determined based on the construction survey tasks, construction investment phases, technical regulations and standards on construction survey, and requirements and specific conditions of each bidding package for construction survey.

4. Products of a construction consultancy contract may include:

a/ Construction survey result reports prescribed in Article 15 of Decree No. 46/2015/ND-CP;

b/ Topographic maps, geological maps, geohydrological maps, drawings of the current state of construction works, and topographic and geological profiles;

c/ Annexes.

Article 5.Work contents and volume and products of consultancy contracts for formulation of construction investment feasibility study reports

1. Agreements between the parties on work contents and volume, and products of a consultancy contract for formulation of a construction investment feasibility study report must comply with the law on construction investment, technical regulations and standards relevant to the project, investment policy or prefeasibility study report (if any), bidding dossier or dossier of requirements, bid dossier or dossier of proposals, and contract negotiation minutes.

2. Major work contents of a consultancy contract for formulation of a construction investment feasibility study report may include:

a/ Studying the task of formulating a feasibility study report;

b/ Studying available dossiers and documents which are related to the formulation of a feasibility study report for the contract;

c/ Conducting construction site survey and market survey and research, and collecting natural, social, economic and environmental data serving the formulation of a feasibility study report;

d/ Formulating a feasibility study report in accordance with Article 54 of the 2014 Construction Law;

dd/ Modifying and finalizing the feasibility study report after obtaining opinions of the agency appraising the project or basic design (if any).

3. The volume of work under a consultancy contract for formulation of a construction investment feasibility study report shall be determined based on the project’s investment policy or prefeasibility study report (if any), feasibility study report formulation tasks, technical regulations and standards on construction survey, and specific requirements and conditions of the bidding package.

4. Products of a consultancy contract for formulation of a construction investment feasibility study report include:

a/ Basic design;

b/ Other contents of the construction investment feasibility study report, covering total investment for work construction.

Article 6.Work contents and volume and products of construction design consultancy contracts

1. Agreements between the parties on work contents and volume and products of a construction design consultancy contract shall be made based on the construction investment

feasibility study report and approved design tasks and conform with design steps, category and grade of the construction work, the law on construction investment, technical regulations and standards applicable to the construction work, bidding dossier or dossier of requirements, bid dossier or dossier of proposals, and contract negotiation minutes.

2. Major work contents of a construction design consultancy contract may include:

a/ Studying the construction investment feasibility study report, construction survey result report and approved design tasks;

b/ Conducting site survey for making designs;

c/ Making construction designs as prescribed in Article 78, 79 and 80 of the 2014 Construction Law;

d/ Modifying, supplementing and finalizing construction designs as requested by appraisal agencies (if any);

dd/ Conducting author supervision under Article 28 of Decree No. 46/2015/ND-CP.

3. The volume of a construction design consultancy contract shall be determined based on design tasks, technical regulations and standards on construction designs, category and grade of the work, and specific requirements and conditions of the bidding package.

4. Products of a construction design consultancy contract for a construction work may include:

a/ Design drawings and explanations for the construction work, enclosed with calculations;

b/ Technical instructions;

c/ Construction cost estimates;

d/ Construction work maintenance process.

Article 7.Work contents and volume of construction supervision consultancy contracts

1. Agreements between the parties on work contents and volume, and products of a construction supervision consultancy contract shall be made based on supervision tasks and conform with the category and grade of the construction work, regulations on quality management of construction works, approved designs, technical regulations and standards applicable to the construction work, bidding dossier or dossier of requirements, bid dossier or dossier of proposals, and contract negotiation minutes.

2. Work contents of a construction supervision consultancy contract may include supervision of quality, volume,constructionprogress, occupational safety and environmental protection during the construction process. Specific jobs of construction supervision must comply with Clause 1, Article 26 of Decree No. 46/2015/ND-CP.

3. The volume of a construction supervision consultancy contract shall be determined based on supervision tasks, technical regulations and standards on construction designs, the category and grade of the construction work, approved design, bidding dossier or dossier of requirements, bid dossier or dossier of proposals, contract negotiation minutes, and specific requirements and conditions of the bidding package.

4. Products of a construction supervision consultancy contract include:

a/ Periodical reports: to submit to the principal and constructioncontractorweekly reports on jobs which have been or are being performed by construction units at the construction site, including jobs which have been completed and gone through acceptance test in the reporting period, enclosed with the supervision contractor’s comments and evaluation of construction work quality and volume, construction progress, occupational safety and environmental protection;

b/ Reports on acceptance test of each construction item: At the end of each construction stage, to conduct acceptance test of each completed part and item, thus making technical assessment and evaluation of quality and volume of completed work, giving comments and setting orientations for subsequent stages;

c/ Irregular reports as requested by the principal.

Article 8.Requirements on quality, acceptance test and handover of products of construction consultancy contracts

Agreements between the parties on quality, acceptance test and handover of products of construction consultancy contracts must comply with Article 13 of Decree No. 37/2016/ND-CP and the following provisions:

1. The quality of products of a construction consultancy contract must conform with contents of the contract already signed between the parties; ensure compliance with the law on management of construction investment projects and quality management of construction works, and technical regulations and standards applicable to the contract. Errors of products of a construction consultancy contract shall be corrected by the contractor according to the terms agreed in the contract.

2. Grounds for acceptance test of products of a construction consultancy contract:

a/ The construction consultancy contract signed between the parties;

b/ Approved construction survey tasks and plans, for construction survey consultancy contracts; approved tasks of consultancy on feasibility study report formulation, for consultancy contracts for formulation of feasibility study reports; approved design tasks and design steps, for construction design consultancy contracts; approved construction supervision tasks and process, for construction supervision consultancy contracts;

c/ Dossier of reporting on construction survey results, for construction survey consultancy contracts; dossier of reporting on feasibility study, for consultancy contracts for formulation of feasibility study reports; construction design dossier, for construction design consultancy contracts; and construction supervision dossier, for construction supervision consultancy contracts;

d/ Laws, technical regulations and standards on construction applicable to the contract.

3. Minutes of acceptance test of products of a construction consultancy contract must clearly state products qualified for acceptance test and items which need to be improved (if any).

Article 9.Time and schedule of performance of construction consultancy contracts

Agreements between the parties on the time and schedule of performance of a construction consultancy contract must comply with Clauses 1, 2 and 3, Article 14 of Decree No. 37/2015/ND-CP and the following provisions:

1. The contract performance schedule must express the order of performing jobs, time of performing major jobs and the whole contract performance duration, time for acceptance test (including acceptance test upon completion of each stage and acceptance test of last products), and time for handing over products of the contract.

2. The parties shall work out plans to ensure contract performance schedule in accordance with signed agreements.

3. The adjustment of contract performance schedule must comply with Clause 2, Article 12 of this Circular.

Article 10.Prices of construction consultancy contracts

Prices of construction consultancy contracts and application conditions must comply with Article 15 of Decree No. 37/2015/ND-CP and the following provisions:

1. The price of a construction survey consultancy contract may cover costs for materials, labor and machinery, overhead costs, costs for building makeshift houses, costs for making survey plans and reporting on survey results, travel costs for surveyors, presumed taxable income and value-added tax.

2. The price of a consultancy contract for formulation of a construction investment feasibility study report, construction design consultancy contract or construction supervision consultancy contract may cover:

a/ Costs for specialists (salaries and related costs), costs for supplies, materials and machinery, management costs, costs for professional liability insurance, presumed taxable income and value-added tax;

b/ Necessary costs for completing construction consultancy products, reporting, appraisal and approval;

c/ Costs for site survey;

d/ Travel costs for those engaged in the acceptance test as requested by the principal;

dd/ Costs for author supervision, for construction design consultancy;

e/ Other related costs.

3. The price of a construction consultancy contract must not cover:

a/ Costs for meetings of the principal;

b/ Costs for appraisal and approval of products of the consultancy contract;

c/ Other costs which are not included in the contract price as agreed by the parties.

Article 11.Payment for construction consultancy contracts

Payment for construction consultancy contracts as well as payment dossier, currency and form must comply with Articles 19, 20 and 21 of Decree No. 37/2015/ND-CP and the following provisions:

1. Payment for construction consultancy contracts may be made in one-off or installment.

2. Payment may be paid on a periodical (monthly, quarterly, etc.) basis or upon completion of each stage of consultancy work or completion of each construction work or work item.

3. The payment time is the date agreed by the parties in the construction consultancy contract corresponding to the stage of payment.

Article 12.Adjustment of construction consultancy contracts

1. The adjustment of work volume under a construction consultancy contract must comply with Article 37 of Decree No. 37/2015/ND-CP, Article 16 of this Circular and the following provisions:

a/ In case a force majeure event arises in the process of performing a construction consultancy contract, leading to a change in work volume under the contract, such event shall be handled in accordance with Article 16 of this Circular;

b/ For a package contract: In case the principal requests change of the scope of work (increase or decrease) under the signed contract, the work volume shall be adjusted accordingly. Such volume adjustment shall serve as a basis for adjustment of contract price in accordance with Clause 3 of this Article;

c/ For a fixed unit price-based contract or an adjustable unit price-based contract, Point b, Clause 2, Article 37 of Decree No. 37/2015/ND-CP shall apply;

d/ In case there arises an additional work volume outside the scope of a signed construction consultancy contract for which the unit price has not yet been specified, the parties shall reach agreement on the unit price for such work volume before performance. The unit price of such work volume shall be determined based on contractual terms and regulations on management of work construction investment costs. The parties shall sign contract annexes which shall serve as a basis for contract payment and finalization. In case the parties cannot reach an agreement, the additional work volume shall form a new bidding package and the selection of a contractor to perform such bidding package must comply with current regulations.

2. Adjustment of construction consultancy contract performance schedule must comply with Article 39 of Decree No. 37/2015/ND-CP, Article 16 of this Circular and the following provisions:

a/ In case the time of completion of consultancy work is behind the schedule set out in the contract due to the fault of the contractor, the contractor shall work out solutions so as to ensure contract performance schedule. In case the actual contract performance schedule is slower than the schedule stated in the signed contract, the contractor shall propose the principal to extend the contract performance duration. The contractor shall bear all arising expenses, if any. If causing damage to the principal, the contractor shall pay compensation;

b/ In case the time of completion of a consultancy contract is delayed due to the fault of the principal, the principal shall extend the contract performance duration. The principal shall pay damage caused to the contractor, if any.

3. Adjustment of contract price: To comply with the Ministry of Construction’s Circular guiding adjustment of prices of construction contracts.

4. Adjustment of other contents of consultancy contracts: The parties shall reach agreement on adjustment of contents other than those prescribed in Clauses 1, 2 and 3 of this Article on the basis of contractual terms and relevant laws.

Article 13.Rights and obligations of the principal

1. In addition to the rights prescribed in Clause 1, Article 25 of Decree No. 37/2015/ND-CP, the principal has the following rights:

a/ To request modification and supplementation of products of a consultancy contract that fail to meet quality requirements stated in the contract;

b/To request the contractor to substitute consultants who fail to meet capacity requirements.

2. In addition to the obligations prescribed in Clause 2, Article 25 of Decree No. 37/2015/ND-CP, the principal has the following obligations:

a/ To provide the contractor with instructions on contents related to the project and bidding dossier (or dossier of requirements); to create conditions for the contractor to access the construction work or construction site;

b/ To appoint capable persons to work with the contractor;

c/ To create conditions for the contractor to perform construction consultancy jobs and carry out customs procedures (if necessary);

d/ To take responsibility for the accuracy and sufficiency of documents it/he/she has provided to the contractor. To pay compensation to the contractor if providing incorrect or insufficient information to the contractor according to the contract.

Article 14.Rights and obligations of the contractor

1. In addition to the rights prescribed in Clause 1, Article 26 of Decree No. 37/2015/ND-CP, the contractor has the following rights:

a/ To request the principal to make payment in time, and request payment of loan interests arising due to late payment according to regulations;

b/ For the contractor performing a construction supervision consultancy contract: To recommend the project owner to suspend the construction by the construction contractor if deeming that construction quality does not meet technical requirements or construction methods fail to ensure safety.

2. In addition to the obligations prescribed in Clause 2, Article 26 of Decree No. 37/2015/ND-CP, the contractor has the following obligations:

a/ To collect necessary information to serve the performance of the contract:

The contractor shall collect information relating to issues which may affect the contract performance schedule, contract price or its/his/her contractual responsibilities; or risks it/he/she may face in the course of performing construction consultancy jobs under the contract.

The contractor shall take responsibility for any errors in collection of information or other matters in completion of construction consultancy jobs, which arise due to its/his/her fault.

b/ To comply with laws, technical regulations and standards applicable to the contract and ensure law observance by its/his/her personnel as well as subcontractors (if any) and subcontractors’ personnel;

c/ To submit to the principal reports and documents in the quantity and within the time limit stated in the contract. To notify fully and timely all information relating to construction consultancy jobs which may delay or obstruct the completion of work on schedule and propose solutions;

d/ To present and protect its/his/her viewpoints on construction consultancy jobs at meetings hold by the principal where the contractor’s reports are submitted to competent authorities for approval;

dd/ Construction consultancy products shall be made by qualified specialists as prescribed by law. The contractor shall arrange experienced and qualified personnel of its/his/her own or a subcontractor, who are named on the list approved by the principal, to perform construction consultancy jobs;

e/ To appoint competent and capable representatives to settle problems arising at any time at the request of the principal until the date when construction consultancy products are tested for acceptance, for consutaltancy for formulation of feasibility study reports, or the date the construction work is completed and handed over, for construction design consultancy;

g/ To provide dossiers and documents serving meetings, reporting, appraisal, etc., in the quantity agreed in the signed construction consultancy contract;

h/ To comply with requirements and instructions of the principal, unless such requirements and instructions are contrary to law or impossible to be implemented.

i/To participate in acceptance test upon completion of stages of the construction consultancy contract, trial operation for acceptance test of equipment, and acceptance test upon completion of each work item or the whole construction work at the request of the principal, for construction supervision consultancy and construction design consultancy;

k/ To pay compensation for damage caused due to its/his/her failure to comply with the signed construction consultancy contract.

Article 15.Personnel of the contractor

1. The contractor s personnel must be qualified for practicing their profession in accordance with regulations, have professional qualifications and experience suitable to their jobs and the construction law’s provisions on capacity conditions.

2. Titles, qualifications and working time of persons who are expected to perform jobs under a contract shall be specified in such contract. In case of changing such persons, the contractor shall state the reason, and at the same time, provide resumes of substituting persons to the principal. Substituting persons must possess qualifications equivalent to or higher than those of substituted persons.

Article 16.Risks and force majeure events

Risks and force majeure events must comply with Article 51 of Decree No. 37/2015/ND-CP and the following provisions:

1. Other force majeure events in construction consultancy activities include incidents related to karst caves, antiques, artifacts, mud layers which arise in the course of performing a construction consultancy contract but fall beyond the parties’ anticipations when entering into the contract.

2. Responsibilities of parties for risks:

a/ For risks which have been included in the contract price, when they arise, expenses for dealing with them shall be paid by the contractor;

b/ For insured risks, expenses for remedying consequences of such risks shall be paid by the insurer and may not be included in the contract price;

c/ Upon occurrence of loss or damage to the principal due to the contractor’s fault, the contractor shall pay compensation and bear all related expenses (including charges and legal costs);

d/ Upon occurrence of loss or damage to the contractor due to the principal’s fault, the principal shall pay compensation and bear all related expenses (including charges and legal costs).

3. Notification of a force majeure event:

a/ When a party falls into a force majeure event, it/he/she shall notify such event in writing to the other party as soon as possible. The notice must clearly state obligations and tasks related to consequences of the force majeure event;

b/ The notifying party shall not be required to perform its/his/her jobs during the time the force majeure event takes place, affecting jobs under its/his/her contractual obligations.

4. Responsibilities of parties for force majeure events

a/ In case the contractor is obstructed in performing its/his/her contractual tasks due to a force majeure event, leading to delay in contract performance and giving rise to expenses for the force majeure event, if the contractor has notified such event according to the contract, it/he/she may request:

- Extension of the contract performance duration according to the contract (extension of the contract completion deadline).

- Payment of arising expenses according to the contract.

b/ The principal shall consider and decide whether to accept the contractor’s request;

c/ The handling of consequences of force majeure events shall not apply to the payment obligation of one party to the other party under the contract.

5. Termination of contracts due to force majeure events, payment, responsibility termination

a/ In case the performance of jobs under a contract is suspended due to a force majeure event for a period longer than the period stated in the notice, either of the two parties may send a notice of termination of contract to the other party, provided the force majeure event has been notified according to the contract;

b/ In this case, the principal shall pay to the contractor:

- The amounts for performed jobs of which the prices are stated in the contract;

- Costs for equipment and supplies ordered for the project and delivered to the contractor or accepted by the contractor: After the payment is made, these equipment and materials shall be become assets (and risks) of the principal and the principal shall be entitled to use them.

Article 17.Instructions on application of the construction consultancy contract model

1. The construction consultancy contract model issued together with this Circular shall be used by organizations and individuals when elaborating contracts for construction bidding  packages.

2. The construction consultancy contract model issued together with this Circular shall be used for elaboration of consultancy contracts between project owners andcontractors;in case the principal is a general contractor, the two parties shall use such contract form as appropriate.

3. When using the construction consultancy contract model issued together with this Circular to negotiate and conclude a contract, the parties shall based on specific requirements and conditions of the bidding package, Decree No. 37/2015/ND-CP, this Circular and the following guidance:

a/ Parties shall agree in thecontractspecific payment deadlines, validity duration, contract performance security, time limits for reply, contract termination time and similar cases;

b/In case the scope and requirements of a specific bidding package are different from the scope and requirements stated in the construction consultancy contract model, the parties shall make modifications or supplementation as appropriate;

c/ In case the parties agree on the scope of acceptance test of products different from those stated in the construction consultancy contract model, the parties shall make modifications or supplementation as appropriate;

d/ In case the contractor is a joint-operating one, the parties shall agree in the contract on the contract performance security and advance payment guarantee according to regulations;

dd/ The parties shall agree on advance payment guarantee in conformity with requirements of the construction contract;

e/ The parties shall agree on the currency and form of payment for the contract but such agreement must not be contrary to requirements stated in the bidding dossier and the law on foreign exchange;

g/ Depending on the nature and conditions of each project or bidding package, the parties shall select types of contract price according to Article 15 of Decree No. 37/2015/ND-CP to suit reality.

Article 18.Effect

1. Transitional handling

a/ Construction consultancy contracts which have been signed and the performance has started before this Circular takes effect must comply with regulations on construction contracts effective before this Circular takes effect;

b/ For construction consultancy contracts being negotiated and not yet concluded, if containing any contents unconformable with this Circular, such contents shall be reported to persons with investment-deciding competence for consideration and decision on the principle of ensuring quality, schedule and efficiency of construction investment projects and not causing damage to lawful rights and interests of the parties;

c/ If there are any un-conformabilities between contents on construction consultancy contracts of bidding dossiers or dossiers of requirements which have been approved but not yet issued and the provisions of this Circular, such bidding dossiers or dossiers of requirements shall be adjusted as appropriate; in case such dossiers have been issued, any changes in contents on construction consultancy contracts shall be notified to all contractors that have purchased the dossiers for modification of their bid dossiers or dossiers of proposals as appropriate; in case the bid has been closed, Point b of this Clause shall apply.

2. Contents on construction consultancy contracts which are not guided in this Circular must comply with Decree No. 37/2015/ND-CP.

3. This Circular takes effect on May 01, 2016, and replaces the Ministry of Construction’s Circular No. 08/2011/TT-BXD of June 28, 2011, guiding model contracts for a number of construction consultancy jobs.-

For the Minister

The Deputy Minister

Bui Pham Khanh