| THE MINISTRY OF CONSTRUCTION ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No.09/2007/TT-BXD | Hanoi, November 02, 2007 |
CIRCULAR
GUIDING THE DETERMINATION AND MANAGEMENT OF EXPENSES FOR HIRING FOREIGN CONSULTANTS IN CONSTRUCTION ACTIVITIES IN VIETNAM
Pursuant to the Government’s Decree No. 36/2003/ND-CP dated April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government’s Decree No. 99/2007/ND-CP dated June 13, 2007, on management of expenses for work construction investment;
Pursuant to the Prime Minister’s Decision No. 131/2007/QD-TTg dated August 9, 2007, promulgating the Regulation on hiring foreign consultants in construction activities in Vietnam;
The Ministry of Construction guides the determination and management of expenses for hiring foreign consultants in construction activities in Vietnam as follows:
Pursuant to the Government’s Decree No. 99/2007/ND-CP dated June 13, 2007, on management of expenses for work construction investment;
Pursuant to the Prime Minister’s Decision No. 131/2007/QD-TTg dated August 9, 2007, promulgating the Regulation on hiring foreign consultants in construction activities in Vietnam;
The Ministry of Construction guides the determination and management of expenses for hiring foreign consultants in construction activities in Vietnam as follows:
I. GENERAL PROVISIONS
1. This Circular applies to organizations and individuals related to the hiring of foreign consultants for the provision of consultancy services for work construction investment projects and construction planning schemes funded with state capital (state budget capital, including official development assistance (ODA) capital, credit capital of the State for development investment, credit capital guaranteed by the State and other investment capital of the State).
2. Organizations and individuals involved in the hiring of foreign consultants for the provision of consultancy services for work construction investment projects and construction planning schemes funded with capital of other sources are encouraged to apply the provisions of this Circular.
3. Consultancy services in construction activities for which foreign consultants may be hired include elaboration of construction plannings, construction surveys, elaboration of investment projects on work construction, work construction design, selection of contractors, supervision of work construction,
4. Expenses for hiring of foreign consultants are determined on the basis of the agreement between investors or agencies in charge of elaborating construction planning schemes and foreign consultants in consultant hiring contracts. The determined expenses must be enough to cover expenditures for hiring consultants and suitable to the hiring party's payment capacity, capital sources of the projects and capital sources used for elaboration of construction planning schemes, and the qualifications and types of to-be-hired consultants and, at the same time, ensure competitiveness and efficiency of work construction investment projects and feasibility of construction planning schemes. The determination of expenses must conform.
5. While formulating work construction investment projects or elaborating construction planning tasks, investors and agencies in charge of elaborating construction planning schemes shall identify consultancy tasks for which foreign consultants must be hired. Expenses for hiring foreign consultants must be estimated in the projects' total investment amounts or the construction planning tasks as a basis for estimation and management of capital as prescribed.
