Circular No. 18/2010/TT-BLDTBXH stipulates the salary for domestic consulting experts implementing consultancy tender packages and applying time-based contracts under projects using state capital.

CIRCULAR

Regulations on remuneration for domestic consultants implementing consultancy tender packages and applying time-based contracts under projects funded by state capital

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Pursuant to the Law on Bidding dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of Laws Related to Construction Investment dated June 19, 2009;

Pursuant to Government Decree No. 85/2009/NĐ-CP dated October 15, 2009 guiding the implementation of the Bidding Law and the selection of contractors under the Construction Law;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social Affairs.

After receiving opinions from relevant ministries and sectors, the Ministry of Labor, War Invalids and Social Affairs hereby stipulates the remuneration for domestic consultants implementing consultancy tender packages and applying time-based contracts under projects funded by state capital in accordance with the provisions of the Law on Bidding as follows:

Article 1. Scope of Regulation and Applicability

This Circular stipulates the remuneration for domestic consultants implementing consultancy tender packages and applying time-based contracts, serving as the basis for determining the value of consultancy contracts under projects funded by state capital in accordance with the Law on Bidding.

Article 2. Remuneration for domestic consultants

1. The remuneration for domestic consultants as prescribed in Article 1 of this Circular shall be stipulated as follows:

a) Level 1: Not exceeding VND 25,000,000/person/month for domestic consultants with a bachelor's degree or higher in the relevant field of consultancy, having more than 15 years of experience in the relevant field of consultancy;

b) Level 2: Not exceeding VND 20,000,000/person/month for domestic consultants with a bachelor's degree or higher in the relevant field of consultancy, having between 10 and 15 years of experience in the relevant field of consultancy;

c) Level 3: Not exceeding VND 10,000,000/person/month for domestic consultants with a bachelor's degree or higher in the relevant field of consultancy, having between 5 and 10 years of experience in the relevant field of consultancy;

d) Level 4: Not exceeding VND 5,000,000/person/month for domestic consultants with a bachelor's degree or higher in the relevant field of consultancy, having between 3 and 5 years of experience in the relevant field of consultancy.

2. In special cases where the project requires domestic consultants with high expertise in specific and specialized fields, or located in remote and difficult areas, the investor shall submit to the competent authority for review before deciding on a higher remuneration level than that prescribed in Clause 1 of this Article.

3. The remuneration levels prescribed above include all social insurance, health insurance, unemployment insurance contributions, and other taxes as currently regulated.

4. Based on standards, quotas, and job requirements, the scale, importance, and location of the project, the investor shall determine the specific remuneration level for each consultant position.

5. When the Consumer Price Index published by the General Statistics Office increases by 15% or more compared to the effective date of this Circular, the Ministry of Labor, War Invalids and Social Affairs, after consulting with relevant ministries and sectors, shall guide the adjustment of remuneration levels accordingly.

Article 3. Implementation Organization

1. This Circular shall take effect 45 days from the date of signature.

2. Ministries and sectors shall be responsible for issuing positions and standards for domestic consultants within their respective areas of management.

3. The remuneration levels for domestic consultants prescribed in Clause 1 and Clause 2 of Article 2 of this Circular serve as the basis for determining the value of consultancy contracts. Payment of remuneration for domestic consultants shall be based on labor contracts linked to productivity, quality, and effectiveness of work.

4. For consultancy contracts signed after the effective date of this Circular, the provisions of this Circular must be strictly followed; for consultancy contracts signed before the effective date of this Circular but with ongoing work, uncompleted work, or unpaid work, the investor shall adjust the value of the consultancy contract based on the remaining scope, nature, and volume of work of the consultancy contract and the provisions of this Circular. If the remuneration for domestic consultants is lower than the stipulated level in this Circular, the investor shall consider and adjust according to the provisions of this Circular. If the remuneration for domestic consultants is higher than the stipulated level in this Circular, the investor shall report to the competent authority for review and decision on the adjustment.

The adjustment of the value of consultancy contracts shall be carried out in accordance with the Law on Bidding and current State regulations. Any difficulties encountered during implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for guidance and resolution.

The adjustment of the value of consultancy contracts shall be carried out in accordance with the Law on Bidding and current State regulations.

Any difficulties encountered during implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for guidance and resolution./.