| THE MINISTRY OF CONSTRUCTION -------- No. 07/2012/TT-BXD | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- Hanoi, October 26th 2012 |
CIRCULAR
GUIDING THE DETERMINATION AND THE MANAGEMENT OF THE EXPENDITURE ON FOREIGN CONSULTANTS ON CONSTRUCTION IN VIETNAM
Pursuant to the Government's Decree No. 17/2008/ND-CP dated February 04th 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 112/2009/ND-CP dated December 14th 2009 on the management of construction cost;
Pursuant to the Prime Minister’s Decision No. 131/2007/QD-TTg dated August 09th 2007 promulgating the Regulation on hiring foreign consultant on construction in Vietnam
The Minister of Construction promulgate a Circular to guide the determination and management of the expenditure on hiring foreign consultants on construction in Vietnam
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular guides the determination and management of the expenditure on hiring foreign consultantsthat provide counseling for the construction in Vietnam, including: construction planning, urban planning (hereinafter referred to as making construction planning) constructions surveys, making projects of investment in constructions, construction design, managing projects of investment in constructions, constructions supervision, selecting contractors, and other counseling for construction.
2. If the International Agreements to which Vietnam is a signatory is inconsistent with this Circular, such International Agreements shall apply.
Article 2. Subjects of application
1. This Circular is applicable to the organizations and individuals related to the hiring of foreign consultants that provide the counseling for construction planning, and the counseling for the projects of investment in the constructions of which the State capital makes up at least 30%.
2. This Circular is applicable to the organizations and individuals related to the hiring of foreign consultants to provide the counseling for construction planning, and the counseling for projects of investment in constructions of which the State capital makes up at least 30%.
Article 3. Interpretation of terms
The terms in this Circular are construed as follows:
1. “Foreign consultants” are advisory organizations established under foreign laws, with or without permanent offices in Vietnam, or foreign individuals that provide counseling for construction in Vietnam.
2. “The organizer of construction planning” is the agency appointed to manage the progress of the construction planning;
Article 4. Principles of determining and managing the expenditure on hiring foreign consultants
1. The expenditure on hiring foreign consultants are determined based on the method and characteristic of the works that need consultancy and the cost management requirements of the investors and the organizer of construction planning.
2. The expenditure on hiring foreign consultants must be determined correctly, sufficiently, and must be suitable for the capital or the solvency of the investors and the organizer of construction planning.
3. The expenditure on hiring foreign consultants must be suitable for the counseling services, the consultants’ credentials, the salaries of consultants in their country or their area, and must ensure the competitiveness and the efficiency of the project of investment in construction, and the feasibility of the construction planning.
