What are the contents of construction consulting contracts in Vietnam? What does the price of a construction consulting contract include?
What are the contents of construction consulting contracts in Vietnam?
Pursuant to Appendix 2 issued together with Circular No. 02/2023/TT-BXD stipulating that a construction consulting contract must have the following contents:
PART 1. TRANSACTION INFORMATION
SECTION 2. BASES FOR SIGNING THE CONTRACT
SECTION 3. GENERAL CONDITIONS OF THE CONTRACT
Article 1. Interpretation
Article 2. Type of contract
Article 3. Construction consulting contract documents and order of priority
Article 4. Information exchange
Article 5. Applicable law and language used in the contract
Article 6. Contract performance security (if any) and contract advance guarantee (in case the parties agree to have an advance guarantee)
Article 7. Contents, workload and products of construction survey consultancy contract
Article 8. Contents, workload and products of the construction investment feasibility study report consulting contract
Article 9. Contents, workload and products of the work construction design consultancy contract
Article 10. Content and workload of construction supervision consultancy
Article 11. Requirements on quality and quantity of construction consultancy products
Article 12. Bases for pre-acceptance test of construction consultancy products
Article 13. Contract price
Article 14. Adjustment of construction consulting contracts
Article 15. Rights and obligations of consulting contractors
Article 16. Rights and obligations of the Investor
Article 17. Subcontractors (if any)
Article 18. Human resources of consulting contractors
Article 19. Copyright and right to use materials
Article 20. Insurance
Article 21. Risks and force majeure
Article 22. Suspension of work in the contract
Article 24. Termination of contract
Article 25. Settlement and contract liquidation
Article 26. Acceptance of consulting products
Article 27. Time and progress of construction consulting contract performance
Article 28. Advance and payment
Article 29. Complaints, conciliation and dispute settlement
Article 30. Reward, penalty and compensation for damage
Article 31. General Terms
SECTION 4. SPECIFIC CONDITIONS OF THE CONTRACT
Article 1. Type of contract
Article 2. Applicable law and language used in the contract
Article 3. Contract performance guarantee (if any) and contract advance guarantee (in case the parties agree to have an advance guarantee)
Article 4. Requirements on quality and quantity of construction consulting products
Article 5. Contract price
Article 6. Adjustment of construction consulting contracts
Article 7. Human resources of the consulting contractor
Article 8. Termination of contract
Article 9. Acceptance of consulting products
Article 10. Time and progress of construction consulting contract performance
Article 11. Advance and payment
Article 12. Complaints, mediation and dispute settlement
Article 13. Bonus, penalty and compensation for damage
Article 14. General Terms
What are the contents of construction consulting contracts in Vietnam? What does the price of a construction consulting contract include?
What does the price of a construction consulting contract include?
Pursuant to Article 13, Appendix 2 promulgated together with Circular No. 02/2023/TT-BXD stipulating as follows:
Contract prices
1. Contract prices
a) The contract price is determined with the amount: [specified in the GCC].
b) The method of adjusting the contract price shall comply with Article... [Method of adjusting the contract price].
2. Contents of contract price
a) Contents of construction survey contract price include: cost of materials, cost of labor, cost of construction machinery, general cost, cost of camp, cost of planning and reporting survey results, cost of moving survey force, pre-calculated taxable income and value added tax.
b) Contents of contract price for consultancy on preparation of feasibility study report on construction investment, construction design consultancy and work construction supervision consultant include:
- Expert expenses (salaries and related expenses), costs of materials, machinery, management costs, professional liability insurance costs, pre-calculated taxable income and value tax increase.
- Expenses necessary for completing construction consulting products after meetings, reports, appraisal and approval results.
- Expenses for field trips.
- Travel expenses when participating in the acceptance process at the request of the Investor.
- Author supervision cost for construction design consultancy.
- Other related costs.
c) Construction consulting contract price does not include:
- Expenses for meetings of the Investor.
- Cost of product verification and approval of the consulting contract.
- Expenses not included in the contract price as agreed by the parties, ensuring compliance with regulations on management of construction investment costs.
Thus, the price of construction consulting contracts includes:
- The content of the contract price for construction survey consultancy includes: cost of materials, cost of labor, cost of construction machinery, general cost, cost of camp, cost of making plans and report on survey results, survey force relocation costs, pre-calculated taxable income and value added tax.
- The contents of the contract price for consultancy on preparation of feasibility study reports on construction investment, construction design consultancy and construction supervision consultancy include:
+ Expert expenses (salaries and related expenses), costs of materials, machinery, management costs, professional liability insurance costs, pre-calculated taxable income and value tax increase.
+ Necessary expenses for completing construction consulting products after meetings, reports, appraisal and approval results.
+ Expenses for field trips.
+ Travel expenses when participating in the acceptance process at the request of the Investor.
+ Author supervision costs for construction design consultancy.
Other related costs.
Note: Construction consulting contract price does not include:
- Expenses for meetings of the Investor.
- Cost of product verification and approval of the consulting contract.
- Expenses not included in the contract price as agreed by the parties, ensuring compliance with regulations on management of construction investment costs.
What are the bases of acceptance of construction consulting products in Vietnam?
Pursuant to the provisions of Article 12, Appendix 2 issued together with Circular No. 02/2023/TT-BXD, the bases for acceptance of construction consulting products in Vietnam include:
- Construction consulting contract signed between the parties.
- Dossier and report on construction survey results for construction survey consultants; Dossier of Feasibility Study Report for consultants to prepare Feasibility Study Report; Construction design dossiers, for construction work design consultants; Dossier of report on construction supervision results for construction supervision consultants.
- Construction survey technical tasks and plans approved for construction survey consultants; The feasibility study report preparation consulting task is approved for the feasibility study report preparation consultant; Design tasks approved, design of previous steps approved for construction design consultancy; Tasks and construction supervision process approved for construction supervision consultants.
- Regulations of laws, regulations and construction standards are applied to construction consulting contracts.
Circular No. 02/2023/TT-BXD takes effect from April 20, 2023.
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