What is the latest construction consultancy contract form in Vietnam? What contents must the construction consultancy contract contain?
- What are the regulations on the construction consultancy contract form in Vietnam? What contents must the construction consultancy contract contain?
- In what order are the documents attached to the construction consultancy contract arranged in Vietnam?
- What is the price of the construction consulting contract in Vietnam?
What are the regulations on the construction consultancy contract form in Vietnam? What contents must the construction consultancy contract contain?
Pursuant to Appendix 2 issued together with Circular 02/2023/TT-BXD, the form of construction consultancy contract is as follows:
Download Construction Consulting Contract Template: Here
Private construction contracts must contain the following contents:
PART 1. TRANSACTION INFORMATION
PART 2. BASES FOR CONCLUDING A CONTRACT
PART 3. GENERAL CONDITIONS OF THE CONTRACT
Article 1. Explain
Article 2. Contract type
Article 3. Construction consultancy contract documents and priority order
Article 4. Exchange of information
Article 5. Applicable law and the language used in the contract
Article 6. Contract performance guarantee (if any) and contract advance guarantee (in case the parties agree to have an advance money guarantee)
Article 7. Content, workload and products of construction survey consulting contracts
Article 8. Contents, workload and products of the consulting contract to prepare a feasibility study report on construction investment
Article 9. Content, workload and products of the construction design consultancy contract
Article 10. Contents and workload of construction supervision consultancy work
Article 11. Requirements on quality and quantity of construction consulting products
Article 12. Bases for acceptance of construction consultancy products
Article 13. Contract Price
Article 14. Adjustment of construction consultancy contracts
Article 15. Rights and obligations of the Consulting Contractor
Article 16. Rights and obligations of the Investor
Article 17. Subcontractors (if applicable)
Article 18. Human Resources of Consulting Contractors
Article 19. Copyright and right to use the material
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 liquidation of contracts
Article 26. Acceptance of consulting products
Article 27. Time and schedule of implementation of construction consultancy contracts
Article 28. Advance and payment
Article 29. Complaints, mediation and dispute resolution
Article 30. Rewards, penalties, compensation for damages
Article 31. General
SEC. 4. SPECIFIC CONDITIONS OF THE CONTRACT
Article 1. Contract type
Article 2. Applicable law and the 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 money guarantee)
Article 4. Requirements on quality and quantity of construction consulting products
Article 5. Contract Price
Article 6. Adjustment of construction consultancy contracts
Article 7. Human Resources of Consulting Contractors
Article 8. Termination of contract
Article 9. Acceptance of consulting products
Article 10. Time and schedule of implementation of construction consultancy contracts
Article 11. Advance and payment
Article 12. Complaints, mediation and dispute resolution
Article 13. Rewards, penalties, compensation for damages
Article 14. General
What is the latest construction consultancy contract form in Vietnam? What contents must the construction consultancy contract contain?
In what order are the documents attached to the construction consultancy contract arranged in Vietnam?
Pursuant to Article 3, Appendix 2 issued together with Circular 02/2023/TT-BXD stipulates as follows:
Construction consultancy contract documents and priority order
1. A contract dossier includes a construction consultancy contract and the documents in Clause 2 below.
2. The documents attached to the contract are an integral part of the construction consultancy contract. Documents attached to the contract and the order of priority for handling conflicts between documents include:
a) A written notice of winning the bid or appointing the bid;
b) Specific conditions of the contract or Terms of Reference for construction consultancy contracts;
c) General conditions of the contract;
d) HSMT or HSYC of the Investor;
dd) Design drawings and technical instructions;
e) HSDT or HSDX of the consulting contractor;
g) Minutes of contract negotiations, documents amending and supplementing contracts;
h) Appendices of the contract;
i) Other relevant documents.
3. The order of priority for application of documents attached to the construction contract shall comply with the order specified in Clause 2 of this Article.
Accordingly, the documents attached to the construction consultancy contract are arranged in order:
- Written notice of winning the bid or appointing the bid;
- Specific conditions of the contract or Terms of Reference for construction consulting contracts;
- General conditions of the contract;
- HSMT or HSYC of the Investor;
- Design drawings and technical instructions;
- HSDT or HSDX of the Consulting Contractor;
- Minutes of contract negotiations, documents amending and supplementing contracts;
- Appendices of the contract;
- Other relevant material.
What is the price of the construction consulting contract in Vietnam?
Pursuant to Article 13, Appendix 2 issued together with Circular 02/2023/TT-BXD stipulates as follows:
Contract Price
1. Contract price
a) The contract price is determined with the amount: [specified in the DKCT].
b) The method of adjusting the contract price shall comply with Article... [Contract price adjustment method].
2. Content of the contract price
a) The contents of the construction survey consultancy contract price include: material costs, labor costs, construction machine costs, general costs, camp costs, costs for planning and reporting survey results, costs of moving survey forces, pre-calculated taxable income and value added tax.
b) Contents of the price of the consultancy contract for making a feasibility study report on construction investment, construction design consultancy and construction supervision consultancy include:
- Specialist expenses (salary and related expenses), costs of materials, machinery, management costs, professional liability insurance costs, pre-calculated taxable income and value added tax.
- Necessary expenses for completing construction consulting products after meetings, reports, appraisal and approval results.
- The cost of going to the field.
- Travel expenses when participating in the acceptance process at the request of the Investor.
- The cost of author supervision for construction design consultancy.
- Other costs are involved.
c) The price of the construction consultancy contract does not include:
- Expenses for meetings of the Investor.
- Costs of verifying and approving products of consulting contracts.
- Costs not included in the contract price agreed upon by the parties, ensuring conformity with regulations on management of construction investment costs.
Accordingly, the price of co-construction consultancy includes:
- The contents of the construction survey consultancy contract price include: material costs, labor costs, construction machine costs, general costs, camp costs, planning costs and reporting survey results, survey force movement costs, pre-calculated taxable income and value added tax.
- The contents of the contract price for consulting to prepare construction investment feasibility study reports, construction design consultancy and construction supervision consultancy include:
+ Specialist costs (salary and related expenses), material and machinery costs, management costs, professional liability insurance costs, pre-calculated taxable income and value added tax.
+ Necessary costs for completing construction consulting products after meetings, reports, appraisal and approval results.
+ Cost of field trips.
+ Travel expenses when participating in the acceptance process at the request of the Investor.
+ Cost of author supervision for construction design consultancy.
+ Other costs involved.
Note: The price of the construction consultancy contract does not include:
- Expenses for meetings of the Investor.
- Costs of verifying and approving products of consulting contracts.
- Costs not included in the contract price agreed upon by the parties, ensuring conformity with regulations on management of construction investment costs.
Circular 02/2023/TT-BXD will take effect from April 20, 2023.
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