Detailed Contents of Construction Consulting Contract

Circular 08 stipulates the content of construction consulting contracts, including: Consulting on construction surveying, Consulting on preparing feasibility study reports for construction investment, Consulting on construction design, and Consulting on construction supervision for construction investment projects funded by government agencies, state-owned enterprises, or projects using state funds. Specifically:

- Construction investment projects of government agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, units under the people's armed forces, and public service providers.- Construction investment projects of state-owned enterprises, enterprises with state capital of 30% or more.- Construction investment projects not falling under the two categories above but using state funds, or enterprises' funds with state capital from 30% or more or less than 30% but over 500 billion VND in the total investment of the project.

1. Content on construction surveying consultation

This includes:

- Preparing the construction survey technical plan (stipulated in Article 13 of Decree 46/2015/ND-CP);- Collecting and analyzing data and documents;- On-site surveying;- Building control networks, detailed topographic mapping;- Mapping underground technical works systems;- Establishing geodetic control networks for linear works;- Mapping hydrology, engineering geology, hydrogeology;- Geophysical research;- Drilling, sampling, testing, determining physical, chemical properties of soil, rock, water;- Meteorological, hydrological, geological, hydrogeological observation;- Performing measurements of existing structures;- Processing data and preparing construction survey results report;- Other relevant tasks related to construction surveying.

The parties shall agree on the content, workload, and product of the construction surveying consultation contract to align with the construction investment stage, applicable standards and regulations of the corresponding project type and class, and the requirements of the bid documents or request for proposals, project proposals, and contract negotiation minutes.

Based on construction surveying tasks, construction investment stages, applicable standards, and specific requirements and conditions of each bid package, the workload for construction surveying shall be determined.

2. Content on consulting for preparing feasibility study reports for construction investment

This includes:

- Researching the task of preparing feasibility study reports;- Studying related documents for preparing the feasibility study report under the contract;- Surveying project site, market investigation, collecting data on natural, social, economic, environmental conditions to serve feasibility study report preparation;- Preparing feasibility study report for construction investment as stipulated in Article 54 of the Construction Law 2014;- Revising and finalizing the feasibility study report after comments from the project appraisal agency and basic design appraisal (if any).

Parties shall agree on the content, workload, and product of this contract type to ensure compliance with legal provisions on construction investment, relevant standards and regulations of the project, investment policy or prefeasibility study report (if any), bid documents or request for proposals, project proposals, and contract negotiation minutes.

Based on investment policy or prefeasibility study report (if any), feasibility study report tasks, applicable design standards, specific requirements, and conditions of each bid package, the workload for consulting on feasibility study report preparation shall be determined.

3. Content on consulting for construction design

This includes:

- Researching feasibility study reports, construction survey results, approved design tasks;- On-site survey to prepare design;- Designing construction projects as stipulated in Articles 78, 79, and 80 of the Construction Law 2014;- Revising and supplementing according to the appraisal agency's requirements (if any);- Author supervision as stipulated in Article 28 of Decree 46/2015/ND-CP.

The parties shall agree on the content, workload, and product of the construction design consultation contract based on the feasibility study report, approved design tasks, compliance with the design stage, type and class of construction, legal provisions on construction investment, applicable standards, bid documents or request for proposals, project proposals, and contract negotiation minutes.

The workload for the construction design consultation contract is determined based on design tasks, applicable design standards, type, and class of construction, specific requirements, and conditions of each bid package.

4. Content on consulting for construction supervision

This can include supervision of quality, quantity, progress, labor safety, and environmental protection during construction. The specific work content for construction supervision consultation is defined under Clause 1, Article 26 of Decree 46/2015/ND-CP.

The parties' agreements on the content, workload, and product of the construction supervision consultation contract must be based on the supervision tasks, aligning with the type and class of construction, legal regulations on construction quality management, approved designs, applicable standards, bid documents or request for proposals, project proposals, and contract negotiation minutes.

The workload for the construction supervision consultation contract is determined based on supervision tasks, applicable design standards, type and class of construction, approved designs, bid documents or request for proposals, project proposals, contract negotiation minutes, specific requirements, and conditions of each bid package.

Depending on the stage and type of contract, the products may include basic designs, drawings, or acceptance reports, etc.

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