Circular No. 02/2015/TT-BLDTBXH stipulates the salary level for domestic consulting experts serving as the basis for budgeting tender packages for consulting services under contracts based on the use of state capital.

CIRCULAR

Specifies the salary level for domestic consulting experts as the basis

to prepare the tender budget for consulting service provision contracts using the time-based contract form

funded by state capital

_______________________

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing implementation of certain provisions of the Law on Bidding regarding selection of contractors;

Theo đề nghị của Vụ trưởng Vụ Lao động - Tiền lương; ||| At the proposal of the Director of the Department of Labor Wages;

The Minister of Labor - Invalids and Social Affairs issues this Circular specifying the salary level for domestic consulting experts as the basis for preparing, reviewing, and approving the tender budget for consulting service provision contracts using the time-based contract form funded by state capital.

Article 1. Scope of Regulation

This Circular specifies the salary level for domestic consulting experts as the basis for preparing, reviewing, and approving the tender budget for consulting service provision contracts using the time-based contract form for tenders funded by state capital or state-owned enterprises as stipulated in Article 1 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Law on Bidding regarding the selection of contractors.

Article 2. Applicability

Agencies, organizations, and individuals participating in or related to the preparation, review, and approval of the tender budget for consulting service provision contracts within the scope regulated by this Circular.

Article 3. Monthly Salary Level for Domestic Consulting Experts

The monthly salary level applicable to domestic consulting experts (hereinafter referred to as consulting experts) working full-time according to the month is specified as follows:

1. Level 1, not exceeding VND 40,000,000/month, applies to consulting experts in one of the following cases:

a) Consulting experts with a bachelor's degree in the relevant field of consultation and having at least 15 years of experience in that field.

b) Consulting experts with a master's degree or higher in the relevant field of consultation and having at least 8 years of experience in that field.

c) Consulting experts holding the position of Head of the Consultation Team or leading the organization and management of the consultation tender package.

2. Level 2, not exceeding VND 30,000,000/month, applies to consulting experts in one of the following cases:

a) Consulting experts with a bachelor's degree in the relevant field of consultation and having from 10 to less than 15 years of experience in that field.

b) Consulting experts with a master's degree or higher in the relevant field of consultation and having from 5 to less than 8 years of experience in that field.

c) Consulting experts holding the position of leading the implementation of one or more components within the consultation tender package.

3. Level 3, not exceeding VND 20,000,000/month, applies to consulting experts in one of the following cases:

a) Consulting experts with a bachelor's degree in the relevant field of consultation and having from 5 to less than 10 years of experience in that field.

b) Consulting experts with a master's degree or higher and having from 3 to less than 5 years of experience in that field.

4. Level 4, not exceeding VND 15,000,000/month, applies to consulting experts in one of the following cases:

a) Consulting experts with a bachelor's degree in the relevant field of consultation and having less than 5 years of experience in that field.

b) Consulting experts with a master's degree or higher in the relevant field of consultation and having less than 3 years of experience in that field. In necessary cases, for large-scale projects or works with complex technology, requiring consulting experts with special technical expertise, limited supply in the labor market, or difficult working conditions in remote areas, the project owner or tender inviter may select and report to the competent authority for consideration and decision on a higher salary for the consulting expert, but not exceeding 1.5 times the salary level prescribed in this Article.

Article 4. Weekly, daily, and hourly rates for consulting experts

1. The weekly rate applies to consulting experts working from six days but not exceeding one month, determined based on the monthly salary stipulated in Article 3 of this Circular multiplied by twelve months, divided by fifty-two weeks, and then multiplied by a factor of 1.2.

2. The daily rate applies to consulting experts working from eight hours but not exceeding six days, determined based on the monthly salary stipulated in Article 3 of this Circular divided by twenty-six days, and then multiplied by a factor of 1.3.

3. The hourly rate applies to consulting experts working less than eight hours, determined based on the monthly salary stipulated in Article 3 of this Circular divided by twenty-six days, divided by eight hours, and then multiplied by a factor of 1.3.

Article 5. Application of the salary for consulting experts

1. The salary for consulting experts stipulated in Articles 3 and 4 of this Circular is the maximum amount, including the salary for holidays, Tet holidays, and paid leave according to the Labor Code; social insurance, health insurance, unemployment insurance, and personal income tax expenses under the responsibility of the employee as prescribed by current laws. This salary does not include social insurance, health insurance, and unemployment insurance expenses under the responsibility of the employer as prescribed by current laws; management costs of the unit managing and using the expert (if any), travel expenses, survey expenses, rental fees for office space, communication expenses, and other expenses necessary to ensure that the consulting expert can perform their tasks.

2. Based on the scale, nature of the tender package, and the location where the consulting service is performed, the project owner or the tenderer shall determine an appropriate salary as the basis for preparing, reviewing, and approving the budget estimate of the tender package to ensure economy and efficiency.

3. Payment of salaries to consulting experts shall be based on the content of the signed consulting contract between the consulting expert and the tender package contractor providing consulting services, the volume and quality of work completed by the expert, and the payment regulations of the unit.

Article 6. Implementation Provisions

1. This Circular takes effect from March 1, 2015.

2. Circular No. 18/2010/TT-BLDTBXH dated June 10, 2010, issued by the Ministry of Labor, Invalids, and Social Affairs, which stipulates the salary for domestic consulting experts implementing tender packages and applying time-based contracts under state-funded projects, ceases to be effective from the date this Circular takes effect.

3. The preparation, review, approval, adjustment of the budget estimate, and handling of situations during bidding due to changes in the salary for domestic consulting experts stipulated in this Circular shall be carried out in accordance with the Bidding Law, Construction Law, and related guiding documents.

4. Project owners and tenderers shall evaluate the implementation of the salary for consulting experts in tender packages approved by competent authorities in the previous year, along with Form No. 1 issued together with this Circular, and submit it to the authorized authority before January 31 each year.

5. The authorized authority shall compile and report on the implementation of the salary for consulting experts in tender packages approved by competent authorities under its management in the previous year, along with Form No. 2 issued together with this Circular, to the Ministry of Labor, Invalids, and Social Affairs before March 31 each year.

6. Ministries and sectors have the responsibility to issue job titles and standards for domestic consulting experts within their areas of management as a basis for selecting experts and determining the salary of consulting experts as prescribed in this Circular. During implementation, if there are difficulties, agencies, units, and individuals are advised to reflect these issues to the Ministry of Labor, Invalids, and Social Affairs for timely guidance and supplementation.

Any difficulties encountered during implementation should be reported to the Ministry of Labor - Invalids and Social Affairs for timely guidance and supplementation./.