| THE PRIME MINISTER | SOCIALIST REPUBLICOF VIETNAM Independence - Freedom- Happiness |
| No. 131/2007/QD-TTg | Ha Noi, August 09th, 2007 |
DECISION
PROMULGATING THE REGULATION ON HIRING OF FOREIGN CONSULTANTS IN CONSTRUCTION ACTIVITIES IN VIETNAM
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Construction Law;
At the proposal of the Minister of Construction,
DECIDES:
Article 1.- To promulgate together with this Decision the Regulation on hiring of foreign consultants in construction activities in Vietnam.
Article 2.- This Decision takes effect 15 days after its publication in “CONG BAO.” To annul previous regulations contrary to the Regulation promulgated together with this Decision.
Article 3.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People’s Committees, and concerned organizations and individuals shall implement this Decision.
| | PRIME MINISTER Nguyen Tan Dung |
REGULATION
ON HIRING OF FOREIGN CONSULTANTS IN CONSTRUCTION ACTIVITIES IN VIETNAM
(Promulgated together with the Prime Minister’s Decision 131/2007/QD-TTg of August 9, 2007)
Article 1.- Scope of regulation, subjects of application
1. This Regulation provides for hiring of foreign organizations and individuals for provision of consultancy services in construction activities in Vietnam which cover construction planning, construction survey, elaboration of investment projects on work construction, work construction design, management of work construction investment projects, supervision of work construction, selection of contractors in construction activities and a number of other construction consultancy services in accordance with Vietnamese law.
2. When treaties to which the Socialist Republic of Vietnam is a contracting party or has acceded provide for the use of construction consultancy services differently, those treaties prevail.
Article 2.- Principles for hiring foreign consultants
1. Based on quality requirements on construction consultancy service products, work construction project owners, agencies or organizations elaborating construction planning schemes shall propose the hiring of foreign consultants for provision of construction consultancy services when necessary.
2. Hiring of foreign consultants for provision of construction consultancy services must ensure the principles for competitiveness, cost saving and efficiency.
3. Hiring of foreign consultants is not permitted for provision of construction consultancy services related to state secrets; when necessary, the hiring must be approved by competent agencies.
4. Foreign consultants must fully satisfy capacity conditions relevant to the scope and content of hired construction consultancy services.
5. Hiring of foreign consultants must comply with this Regulation and Vietnam’s relevant laws.
Article 3.- Competence to decide on hiring of foreign consultants
1. Investment deciders shall decide on whether to hire and how to hire foreign consultants to provide construction consultancy services related to work construction investment projects.
2. Presidents of provincial/municipal People’s Committees shall decide on whether to hire and how to hire foreign consultants to elaborate construction planning schemes in their provinces or cities. The Minister of Construction shall decide on whether to hire and how to hire foreign consultants to elaborate construction planning schemes to be approved by the Prime Minister.
3. Hiring of foreign consultants must be specified in the investment decision, for work construction investment projects or in the decision to approve planning tasks, for construction planning schemes.
Article 4.- Forms of hiring foreign consultants
There are two forms of hiring foreign consultants: hiring of experts and hiring of organizations
1. Hiring of experts is to hire foreign individuals to provide construction consultancy services at the request of investment owners or agencies in charge of elaborating construction planning schemes.
2. Hiring of organizations is to hire foreign consultancy contractors or partnerships between foreign consultancy contractors and domestic consultancy contractors to provide construction consultancy services at the request of investment owners or agencies organizing the elaboration of construction planning schemes.
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