Circular No. 08/2016/TT-BXD guiding certain contents regarding construction consultancy contracts

CIRCULAR

Guidelines on certain aspects of construction consultancy contracts

Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;

Pursuant to Decree No. 37/2015/NĐ-CP dated April 22, 2015 of the Government detailing regulations on construction contracts;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for construction investment;

At the proposal of the Director of the Department of Construction Economy;

The Minister of Construction hereby issues guidelines on certain aspects of construction consultancy contracts as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular guides certain aspects of construction consultancy contracts including: construction survey consultancy, consultancy for preparing feasibility study reports for construction investment projects, construction design consultancy, construction supervision consultancy during construction (hereinafter referred to collectively as construction consultancy) for construction investment projects (including construction contracts between the project sponsor and the contractor for public-private partnership (PPP) projects) as follows:

1. Construction investment projects of state 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 establishments.
2. Construction investment projects of state-owned enterprises, enterprises with state capital of 30% or more.

c) Construction investment projects not falling within the provisions of points a and b of this clause that use state capital, state-owned enterprise capital of 30% or more, or less than 30% but over 500 billion VND in the total project investment ceiling.

2. This Circular applies to organizations and individuals involved in establishing and managing the implementation of construction consultancy contracts for construction investment projects as specified in Clause 1 of Article 1 of this Circular on the territory of Vietnam. It is encouraged for organizations and individuals related to construction consultancy contracts using other sources of funds to apply the provisions of this Circular.
3. For construction consultancy contracts in projects using official development assistance (ODA) funds, if international treaties to which Vietnam is a member have different provisions from those of this Circular, such provisions shall be implemented according to the international treaties.

Article 2. Documents of construction consultancy contracts and priority order

1. Documents of construction consultancy contracts include the construction consultancy contract containing the provisions stipulated in Article 141 of the Construction Law No. 50/2014/QH13 and accompanying documents of the construction consultancy contract.
2. The accompanying documents of the construction consultancy contract are an integral part of the contract, including:
   1. Notification of award or notification of direct award.
   2. Specific conditions of the consulting contract or reference clauses.
   3. General conditions of the consulting contract.
   4. Tender documents or request for proposal from the tendering party.

d) Bid documents or proposal documents from the bidding party.

5. Feasibility study report (for construction design consulting services) approved.
   7. Minutes of contract negotiation for consulting services, documents amending and supplementing the contract.
   8. Annexes to the consulting contract.
   9. Other related documents.
      3. The priority order for applying accompanying documents to the consulting contract shall be agreed upon by the parties. In case the parties do not agree, it shall be applied in accordance with the order specified in Clause 2 of this Article.

Article 3. Management of Contract Implementation

Management of implementation of construction consulting contracts shall be carried out in accordance with Article 7 of Decree No. 37/2015/NĐ-CP and the following provisions:

1. Main contents of recommendations, proposals, requests, and feedbacks from the parties include: contract name, date of recommendation (day, month, year), deadline for response (day, month, year), requesting unit name, responding unit name, request content, list of attached documents (if any), change costs (if any), and other contents, signed (stamped if necessary).

2. Progress management of contract implementation: Implemented according to the provisions of Article 14 of Decree No. 37/2015/NĐ-CP and Clause 2 of Article 12 of this Circular. When signing the construction consulting contract, the parties shall agree on the progress of contract implementation, reporting time, work handover time (phases must be consistent with the progress in the bid documents).

3. Quality management: Implemented according to the provisions of Article 13 of Decree No. 37/2015/NĐ-CP. Handover works must meet quality requirements under construction project quality management regulations. The contractor must have measures to manage its own quality and the quality of work performed by subcontractors (if any).

4. Quantity and contract price management: Implemented according to the provisions of Articles 12 and 15 of Decree No. 37/2015/NĐ-CP and Clauses 1 and 3 of Article 12 of this Circular. The parties are responsible for managing the quantity of work performed and the contract price in accordance with the contract and accompanying documents already signed.

5. Safety management, environmental protection, fire prevention and extinguishing management shall be implemented in accordance with the provisions of Article 48 of Decree No. 37/2015/NĐ-CP.

For construction survey consulting, the contractor must have measures to ensure safety for workers and the surrounding environment.

6. Contract amendment management and other contract contents shall be implemented in accordance with the provisions of Article 12 of this Circular.

Article 4. Content, volume of work, and products of construction survey consulting contracts

1. The agreements of the parties regarding the content, volume of work, and products of construction survey consulting contracts must be consistent with the investment construction phase of the project, corresponding survey construction standards and specifications for each type and level of construction projects, survey tasks, technical survey construction schemes, tender documentation requirements or request documents, bid documents or proposal documents, and negotiation minutes of the contract.

2. A construction survey tender package may include some or all of the following survey works: topography, engineering geology, hydrogeology, meteorology and hydrology, current status of the project, and other construction survey works.

The content of construction survey work may include:

1. Preparing the technical scheme for construction surveys as stipulated in Article 13 of Decree No. 46/2015/NĐ-CP.
2. Collecting and analyzing existing data and documents.
3. Conducting field surveys.
4. Establishing control networks and detailed mapping of topographic maps.

d) Surveying underground technical systems.

5. Establishing geodetic control networks for linear structures.

7. Surveying hydrology, engineering geology, and hydrogeology.
8. Studying geophysics.
9. Drilling, sampling, testing, and determining physical and chemical properties of soil, rock, and water.

k) Monitoring meteorology, hydrology, geology, and hydrogeology.

1) Conducting surveys of the current status of the project.

m) Processing data and preparing reports on construction survey results.

n) Other construction survey works.

3. The volume of construction survey work is determined based on the survey tasks, the investment construction phase of the project, survey standards and specifications, and specific requirements and conditions of each construction survey tender package.
4. Products of construction survey consulting contracts may include:
   1. Construction survey result reports as stipulated in Article 15 of Decree No. 46/2015/NĐ-CP.
   2. Topographic maps, engineering geological maps, hydrogeological maps, as-built drawings of construction projects, cross-sections of topography, and geological cross-sections.
   3. Appendices.

Article 5. Content, volume of work, and products of feasibility study report preparation consulting contracts

1. The agreements of the parties regarding the content, volume of work, and products of feasibility study report preparation consulting contracts must comply with legal provisions on construction investment, relevant standards and specifications for the project, investment policies or preliminary feasibility study reports (if applicable), tender documentation or request documents, bid documents or proposal documents, and negotiation minutes of the contract.
2. The main content of feasibility study report preparation consulting contracts may include:
   1. Studying the task of preparing the feasibility study report.
   2. Studying existing documents related to the preparation of the feasibility study report under the contract.
   3. Surveying the project site, market research, collecting natural, social, economic, and environmental data to serve the preparation of the feasibility study report.
   4. Preparing the feasibility study report for construction investment as stipulated in Article 54 of the Construction Law 2014.

d) Modifying and perfecting the feasibility study report for construction investment after receiving comments from the project appraisal agency or basic design appraisal agency (if applicable).

3. The volume of feasibility study report preparation consulting contracts is determined based on investment policies or preliminary feasibility study reports (if applicable), tasks for preparing the feasibility study report, design standards and specifications, and specific requirements and conditions of each feasibility study report preparation tender package.
4. The product of feasibility study report preparation consulting contracts is the feasibility study report file including:
   1. Basic design.
   2. Other contents of the feasibility study report for construction investment, including the total investment cost of the construction project.

Article 6. Content, volume of work, and products of construction project design consulting contracts

1. The agreements of the parties regarding the content, volume of work, and products of construction project design consulting contracts must be based on the feasibility study report for investment construction, approved design tasks, consistent with the design stage, type, and level of construction projects, laws and regulations on construction investment, applicable standards and technical specifications for the project, tender documents or request documents, bidding documents or proposal documents, and meeting minutes of contract negotiations.

2. The main content of construction project design consulting contracts may include:
   1. Studying the feasibility study report for investment construction, the construction survey results report, and approved design tasks.
   2. On-site surveys to prepare designs.
   3. Construction project design in accordance with Articles 78, 79, and 80 of the Construction Law 2014.
   4. Revisions and supplements to complete according to the requirements of the reviewing authority (if any).

d) Author supervision in accordance with Clause 28 of Decree No. 46/2015/NĐ-CP.

3. The volume of construction project design consulting contracts is determined based on design tasks, design standards and technical specifications, the type and level of construction projects requiring design, specific requirements and conditions of each design construction tender package.
4. The products of construction project design consulting contracts are established for each project and include:

a) Design drawings, design descriptions, and accompanying calculation sheets.

2. Technical instructions.
3. Construction project budget estimate.
4. Building maintenance procedures.

Article 7. Content and volume of work of construction project construction supervision consulting contracts

1. The agreements of the parties regarding the content, volume of work, and products of construction project construction supervision consulting contracts must be based on supervision tasks, consistent with the type and level of construction projects, laws and regulations on construction quality management, approved designs, applicable standards and technical specifications, tender documents or request documents, bidding documents or proposal documents, and meeting minutes of contract negotiations.
2. The content of construction project construction supervision consulting contracts may include supervision of quality, quantity, progress, labor safety, and environmental protection during construction. Specific contents of construction supervision tasks are carried out in accordance with Clause 1 of Article 26 of Decree No. 46/2015/NĐ-CP.
3. The volume of construction project construction supervision consulting contracts is determined based on supervision tasks, design standards and technical specifications, the type and level of construction projects, approved designs, tender documents or request documents, bidding documents or proposal documents, meeting minutes of contract negotiations, and specific requirements and conditions of each construction supervision tender package.
4. The products of construction project construction supervision consulting contracts include:
   1. Periodic reports: Provide to the contracting party and construction contractor periodic weekly reports on works carried out by the construction team at the site, including reports on completed works and acceptance within the reporting period, comments and evaluations by the construction supervision team on quality, quantity, progress, labor safety, and environmental hygiene.
   2. Acceptance reports for individual sections: After each construction phase, partial and section acceptance work must be conducted on completed works to assess technical aspects and quality as well as completed work volumes, provide comments and directions for subsequent construction phases.
   3. Ad hoc reports upon request of the contracting party.

Article 8. Requirements for product quality and acceptance, delivery of construction consultancy contracts

The agreements of the parties regarding product quality and acceptance, delivery of construction consultancy contracts shall be implemented in accordance with Article 13 of Decree No. 37/2015/NĐ-CP and the following provisions:

1. The quality of construction consultancy products must comply with the content of the signed construction consultancy contract; ensure compliance with all legal regulations on project management and construction quality control, standards applicable to the construction consultancy contract. Any errors in the products of the construction consultancy contract must be completed by the contractor according to the terms agreed upon in the construction consultancy contract.
2. Basis for acceptance of products of construction consultancy contracts:
3. The construction consultancy contract signed between the parties.
4. Approved technical tasks and survey methods for construction consultancy surveys; approved feasibility study report preparation tasks for feasibility study consultancy; approved design tasks and previous designs that have been approved for construction project design consultancy; approved supervision and construction work procedures for construction supervision consultancy.
5. Survey report files for construction consultancy surveys; Feasibility study report files for feasibility study consultancy; Construction project design files for construction project design consultancy; Approved construction supervision files for construction supervision consultancy.
6. Legal regulations, standards applicable to construction consultancy contracts.

3. The acceptance record of construction consultancy contract products must clearly state the products that meet the acceptance conditions and the contents that need to be completed (if any).

Article 9. Time and progress of implementation of construction consultancy contracts

The agreements of the parties regarding time and progress of implementation of construction consultancy contracts shall be implemented in accordance with Clause 1, 2, and 3 of Article 14 of Decree No. 37/2015/NĐ-CP and the following provisions:

1. The progress of implementing the contract must reflect the sequence^- of performing tasks, the time for performing major tasks, the entire contract implementation period, acceptance milestones (including phased acceptance and final product acceptance), and the time for delivering contract products.
2. The parties must have plans to ensure contract implementation progress in accordance with the signed agreements.
3. Contract implementation progress may be adjusted in accordance with Clause 2 of Article 12 of this Circular.

Article 10. Price of construction consultancy contracts

The price of construction consultancy contracts and conditions for application shall be implemented in accordance with Article 15 of Decree No. 37/2015/NĐ-CP and the following provisions:

1. The content of the price of construction consultancy survey contracts may include: material costs, labor costs, machinery operation costs, general expenses, camp costs, cost of preparing survey plans and reporting survey results, survey team relocation costs, pre-tax income and value-added tax.

2. The content of the price of construction consultancy contracts for feasibility studies, construction project design, and construction project supervision may include:
   1. Expert fees (salary and related costs), material and equipment costs, management costs, professional liability insurance costs, pre-tax income and value-added tax.
   2. Costs necessary for completing construction consultancy products after meetings, reports, and approval results.
   3. Fieldwork costs.
   4. Travel costs when participating in the acceptance process at the request of the contracting party.

d) Author supervision costs for construction project design consultancy.

5. Other related costs.
3. The price of construction consultancy contracts does not include:
   1. Costs for meetings of the contracting party.
   2. Product review and approval costs for construction consultancy contracts.
   3. Other costs agreed by the parties not to be included in the contract price.

Article 11. Payment for Construction Consulting Contracts

The payment, payment documents, currency, and payment methods for construction consulting contracts shall be carried out according to the provisions of Articles 19, 20, and 21 of Decree No. 37/2015/NĐ-CP and the following regulations:

1. Construction consulting contracts may be paid in one lump sum or in multiple installments.
2. Payment stages can be based on time periods (months, quarters, etc.), completion phases of consulting work, or project components.
3. The payment date is the day agreed upon by the parties in the construction consulting contract corresponding to the payment stage.

Article 12. Amendment of Construction Consulting Contracts

1. Adjustment of the volume of work in construction consulting contracts shall be carried out according to the provisions of Article 37 of Decree No. 37/2015/NĐ-CP, Point 16 of this Circular, and the following regulations:

1. During the implementation of construction consulting contracts, if force majeure occurs leading to changes in the volume of work under the contract, the handling of such force majeure shall be carried out according to the provisions of Point 16 of this Circular.
2. For lump-sum contracts: If the tenderer requests changes to the scope of work (increase or decrease) in the signed contract, the volume of work must be correspondingly adjusted. Such adjustment serves as the basis for adjusting the contract price according to the provisions of Clause 3 of this Article.
3. For fixed unit price contracts and adjustable unit price contracts, they shall be implemented according to the provisions of point b, Clause 2, Article 37 of Decree No. 37/2015/NĐ-CP.
4. For additional volumes of work outside the scope of the signed construction consulting contract without unit prices specified in the contract, both parties must agree on the unit prices of these works before implementation. These unit prices shall be determined based on the contract agreement and legal regulations on construction project investment cost management. Both parties must sign supplementary contract clauses as the basis for payment and settlement of the contract. In case the parties cannot reach an agreement, the additional works will form a new tender package, and the selection of contractors to implement this package shall follow current regulations.
   2. Adjustment of the schedule for implementing construction consulting contracts shall be carried out according to the provisions of Article 39 of Decree No. 37/2015/NĐ-CP, Point 16 of this Circular, and the following regulations:
      1. If the completion deadline for consulting work is delayed compared to the contract schedule due to the fault of the contractor, the contractor must take corrective measures to ensure the contract schedule. If the actual implementation schedule exceeds the contract schedule, the contractor must request the tenderer to extend the contract implementation period. Any resulting costs must be borne by the contractor. If damage is caused to the tenderer, compensation must be provided.
      2. If the completion deadline for the construction consulting contract is delayed compared to the contract schedule due to the fault of the tenderer, the tenderer must extend the contract implementation period. If damage is caused to the contractor, compensation must be provided.
   3. Adjustment of the contract price: Shall be carried out according to the Circular guiding the adjustment of construction contract prices issued by the Ministry of Construction.
   4. Amendment of other contents of construction consulting contracts: When amending contents other than those stipulated in Clauses 1, 2, and 3 of this Article, both parties shall agree to amend them based on the contract agreements and relevant legal provisions.

Article 13. Rights and Obligations of the Tendering Party

1. The rights of the tendering party as stipulated in Clause 1, Article 25 of Decree No. 37/2015/NĐ-CP and the following provisions:

a) Request to modify and supplement consultancy products that do not meet quality requirements according to the contract agreement.

b) Require the contractor to replace individuals who do not meet the required capacity as prescribed.

2. The obligations of the tendering party as stipulated in Clause 2, Article 25 of Decree No. 37/2015/NĐ-CP and the following provisions:

a) Guide the contractor on matters related to the project and tender documents (or request documents); create conditions for the contractor to access the construction works and site.

b) Appoint persons with appropriate capacity to work with the contractor.

c) Create conditions for the contractor to perform consultancy construction work and customs procedures (if applicable).

d) Be responsible for the accuracy and completeness of the provided documents. Compensate the contractor for losses if the tendering party provides inaccurate or incomplete information as stipulated in the contract.

Article 14. Rights and Obligations of the Contractor

1. The rights of the contractor as stipulated in Clause 1, Article 26 of Decree No. 37/2015/NĐ-CP and the following provisions:
   1. Have the right to request the tendering party to make timely payments, and demand payment of interest on late payments as prescribed.
   2. For construction supervision consultancy: Propose the project owner to temporarily halt construction when the construction quality does not meet technical requirements or safety measures are inadequate.
2. The obligations of the contractor as stipulated in Clause 2, Article 26 of Decree No. 37/2015/NĐ-CP and the following provisions:

a) Collect necessary information to serve the contract work:

The contractor must collect information related to issues that may affect the progress, contract price, or the contractor's responsibility under the contract, or risks that may arise for the contractor in performing the consultancy construction work as specified in the contract.

In case of errors in collecting information or any other issues of the contractor affecting the completion of consultancy construction work as stipulated in the contract terms, the contractor shall be responsible.

2. Perform work in accordance with laws, standards, and regulations applicable to the contract and ensure that sub-consultants (if any) and their personnel comply with the law.
3. Submit reports and documents to the tendering party in the quantity and time specified in the contract. The contractor must promptly inform all relevant information that may delay or hinder the completion of consultancy construction work and propose solutions.
4. The contractor has the responsibility to present and defend views on the contents of consultancy construction work at review meetings organized by the tendering party.

d) Consultancy construction products must be carried out by professionals meeting the legal practice qualifications. The contractor must arrange and deploy its own or subcontractor personnel with the necessary experience and capacity as approved by the tendering party to perform consultancy construction work.

5. Appoint representatives with sufficient authority and capacity to resolve outstanding issues at any time upon the tendering party's request until the acceptance of consultancy construction products for feasibility report consultancy; the completion and handover of the construction project for design consultancy.
   7. Provide files and documents for meetings, reports, reviews, etc., in the agreed quantities under the signed consultancy construction contract.
   8. Comply with the tendering party's requirements and instructions, except those conflicting with the law or unfeasible.
   9. Participate in acceptance stages, trial operation equipment acceptance, partial project completion acceptance, and overall project completion acceptance when requested by the tendering party for construction supervision consultancy and construction design consultancy.

k) Compensate for damages caused by their own fault when failing to fulfill the consultancy construction contract's content as signed.

Article 15. Workforce of the Contractor

1. The workforce of the Contractor must meet the qualification conditions for professional practice as prescribed, have the appropriate level of expertise and experience relevant to their profession and job duties, and be suitable for the qualification conditions stipulated in construction laws.
2. The titles, qualifications, and duration of the workforce expected to participate in performing the work shall be specifically defined in the contract. In case of workforce changes, the Contractor must provide reasons and simultaneously supply the curriculum vitae of the replacement personnel to the Employer, with the replacement personnel having equivalent or higher qualifications than those being replaced.

Article 16. Risks and Force Majeure

Risks and force majeure shall be implemented according to the provisions of Article 51 of Decree No. 37/2015/NĐ-CP and the following regulations:

1. Other force majeure events in construction consulting activities include the following: When implementing the construction consulting contract, encountering hidden rocks, antiquities, archaeological sites, and mud pockets that the parties did not fully anticipate at the time of signing the contract.
2. Responsibilities of the parties regarding risks:
   1. For risks already included in the contract price, when such risks occur, the Contractor shall bear responsibility using their own funds.
   2. For risks that have been insured, the costs to mitigate the consequences of these risks shall be paid by the insurance company and shall not be included in the contract price.
   3. The Contractor must compensate and bear damages to the Employer for any damage, loss, and expenses (including fees and legal costs) caused by their fault.
   4. The Employer must compensate damages to the Contractor for any losses, damage, and expenses (including fees and legal costs) caused by their fault.
3. Notification of force majeure:
1. When one party encounters a force majeure situation, they must notify the other party in writing as soon as possible, specifying in the notification all obligations and tasks related to the consequences of the force majeure.
2. The notifying party is exempt from performing tasks within their responsibility during the period of force majeure affecting the work under contractual obligations.
1. If the Contractor's performance of their contractual duties is hindered due to force majeure as notified according to the terms of the contract, leading to delayed work and additional costs due to force majeure, the Contractor will have the right to request the following handling:
2. Responsibilities of the parties regarding force majeure

- Extension of the completion time due to delay as stipulated in the Contract (extension of the completion time).

- Payment of additional costs incurred as stipulated in the Contract.

2. The Employer must consider and decide on the requests of the Contractor.
3. Handling the consequences of force majeure does not apply to payment obligations of either party to the other party under the contract.
   5. Termination of the contract due to force majeure, payment, and discharge of liability
      1. If the implementation of the works under the contract is suspended due to force majeure as notified according to the contract provisions for a total number of days exceeding the number of days of force majeure notified, then either party has the right to send a notice to terminate the contract to the other party.
      2. In this case of termination, the Employer shall pay the Contractor:

- Payments for any work completed whose prices are stated in the contract.

- Costs for equipment and materials ordered for the project that have been transferred to the Contractor, or items the Contractor is responsible for accepting delivery of: These items will become the property (and risk) of the Employer upon payment by the Employer, and the Contractor will allow the Employer to use them.

Article 17. Guidelines for applying the construction consulting contract model

1. The construction consulting contract model published along with this Circular shall be used by organizations and individuals to draft contracts for construction tender packages.
2. The construction consulting contract model published along with this Circular shall be applied for consulting contracts between the project owner and the contractor; in cases where the tendering party is the general contractor, the parties shall apply this contract model appropriately.

3. When using the construction consulting contract model published along with this Circular to negotiate and sign contracts, the parties shall base their actions on the specific requirements and conditions of the tender package, the provisions of Decree No. 37/2015/NĐ-CP, the guidelines of this Circular, and the following instructions:

1. The parties must agree in the contract on specific timeframes regarding payment deadlines, performance guarantee period, response time for documents, contract termination period, and similar situations.
2. If the scope and requirements of the work in the specific tender package differ from those in the construction consulting contract model attached to this Circular, the parties shall adjust and supplement accordingly.
3. In cases where the parties agree that the scope of work for product acceptance differs from the construction consulting contract model attached to this Circular, the parties shall adjust and supplement accordingly.
4. In cases where the contractor is a joint venture, the parties shall agree in the contract on the performance guarantee for the construction consulting contract and advance payment guarantee as prescribed.

d) The parties shall agree on an appropriate advance payment amount consistent with the requirements of the construction contract.

5. The parties shall agree on the type of currency and payment method in the contract but shall not contravene the requirements in the tender documents and the laws on foreign exchange.

g) Depending on the nature and conditions of each project and tender package, the parties shall select the type of contract price as stipulated in Article 15 of Decree No. 37/2015/NĐ-CP, as appropriate.

Article 18. Effective Date

1. Transitional Provisions

1. Construction consulting contracts signed and being implemented before the effective date of this Circular shall continue to be executed according to the regulations on construction contracts prior to the effective date of this Circular.
2. For construction consulting contracts currently under negotiation but not yet signed, if there are any contents that are inconsistent with the provisions of this Circular, they shall report to the authorized investment decision-maker for review and decision based on the principle of ensuring quality, progress, and effectiveness of the construction investment project and without causing damage to the rights and legitimate interests of the parties.

c) Contents related to construction consulting contracts in tender documents and request documents that have been approved but not yet issued, if there are any contents that are inconsistent with the provisions of this Circular, must be adjusted appropriately; in case these documents are issued, if there are changes to the contents related to the contract to comply with the provisions of this Circular, then all bidders who purchased the tender documents and request documents must be notified to adjust their tender documents and proposal documents accordingly; in case bidding has already closed, it shall be implemented according to the provisions of point b of this clause.

2. Contents related to construction consulting contracts not covered in this Circular shall be implemented according to the provisions of Decree No. 37/2015/NĐ-CP.
3. This Circular takes effect from May 1, 2016, and replaces Circular No. 08/2011/TT-BXD dated June 28, 2011, of the Ministry of Construction guiding the model of Contracts for some construction consulting works.