Circular No. 08/2011/TT-BXD guides model contracts for certain construction consulting works, applicable to projects using 30% or more state capital. This Circular specifies the detailed contents of the model contracts and their application methods to ensure transparency and efficiency in construction consulting activities.
Scope of application
Organizations and individuals related to construction consulting contracts, inspection, examination, auditing, and payment of investment capital for construction projects using 30% or more state capital.
Key points
- Organizations and individuals performing construction consulting work must base on specific tasks to define the scope of work, volume of work, quality requirements, quantity, acceptance of consulting products, and corresponding payment documents.
- Advance payment amount, payment period, number of payments, performance guarantee amount (if any), contract settlement time, contract validity period, percentage of contract price (for percentage-based contract prices), termination time... the parties must specifically agree on these matters in the contract.
- In a contract, one or more types of contract prices may be applied according to the content of the consulting work, and the parties may adjust the contract price accordingly.
- This Circular guides the model contract between the project owner and the contractor; in cases where the tenderer is the general contractor or main contractor, the parties shall apply this model contract.
- Organizations and individuals related to construction consulting contracts for projects using less than 30% state capital are also encouraged to apply this Circular.
🌐 Social impact of this document
- Positive impact: Helps ensure transparency and efficiency in construction consulting activities, enabling the parties to perform tasks clearly and specifically.
- Negative impact: May impose a burden of legal procedures on organizations and individuals when applying this model contract.
❓ Frequently asked questions
Projects using what percentage of state capital must apply this Circular?
Projects using 30% or more state capital must apply this Circular.
What parts does the model contract guided by this Circular include?
The model construction consulting contract includes two parts: Part I is the basis for signing the contract, and Part II is the terms and conditions of the contract.
What contents must the parties agree upon in the contract?
The parties must agree on advance payment amount, payment period, number of payments, performance guarantee amount (if any), contract settlement time, contract validity period, percentage of contract price, and termination time.
Does this Circular apply to projects using less than 30% state capital?
This Circular encourages organizations and individuals to apply it to projects using less than 30% state capital.
When does this Circular take effect?
This Circular takes effect from August 15, 2011.
Full text
CIRCULAR
Guidelines for sample contracts for certain construction consulting works
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Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;
Pursuant to Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on Contracts in Construction Activities;
The Ministry of Construction hereby provides guidelines for sample contracts for certain construction consulting works as follows:
Article 1. Scope of Regulation
Article 1. This Circular guides sample contracts for certain construction consulting works including: construction site survey consulting services; project investment planning consulting services and technical-economic report preparation consulting services for construction projects; construction design consulting services (hereinafter referred to as construction consulting services) of projects using 30% or more state capital.
Article 2. For projects funded by ODA, if international treaties to which Vietnam is a party have different provisions from those stipulated in this Circular, such provisions shall be implemented according to the international treaties.
Article 2. Applicability
Article 4. Organizations and individuals related to construction consulting service contracts, inspection, examination, auditing, and payment of construction project investment funds of projects using 30% or more state capital.
Article 5. It is encouraged that organizations and individuals related to construction consulting service contracts of projects using less than 30% state capital apply this Circular.
Article 3. Guidelines for applying sample construction consulting service contracts
Clause 1. The sample construction consulting service contracts issued together with this Circular include:
Part I: Bases for signing the contract.
Part II: Contract terms and conditions.
Clause 2. Application guidelines:
This Circular guides sample construction consulting service contracts between the investor and the contractor; In cases where the tenderer is the general contractor or main contractor, the parties shall apply this model contract accordingly.
When applying the sample contract attached to this Circular, the parties shall base their agreement on the provisions of Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on Contracts in Construction Activities, other relevant State regulations, and the following guidelines to agree upon in the contract:
Clause 2.1. The investor and the contractor shall base their application of the sample contract on specific consulting work of each tender package, and specify the content, volume, quality requirements, quantity, acceptance criteria for consulting products, and corresponding settlement documents for the consulting work performed.
Clause 2.2. Advance payment amount, payment period, number of payments, performance guarantee amount (if any), contract settlement time, contract validity period, percentage of contract price (for percentage-based contract prices), contract termination time... the parties must specifically agree upon these matters in the contract.
Clause 2.3. Within one contract, one or more types of contract prices corresponding to the content of the consulting work as stipulated in Clause 15.1 of the Model Contract attached to this Circular may be applied. For different types of contract prices, the parties shall negotiate corresponding adjustments to the contract price, ensuring compatibility.
Article 4. Effective date
Article 6. This Circular takes effect from August 15, 2011. Contracts signed before the date this Circular comes into effect are not required to comply with the guidelines of this Circular.
Article 7. During implementation, if there are any difficulties, organizations and individuals related to this matter should promptly reflect them to the Ministry of Construction for consideration and resolution./.
DEPUTY MINISTER
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