Thông tư 08/2011/TT-BXD

CIRCULAR

GUIDING CONTRACT FORM OF SOME CONSTRUCTION CONSULTANCY WORKS

Pursuant to the Decree No.17/2008/ND-CP dated 04/02/2008 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Decree No.48/2010/ND-CP dated 07/5/2010 of the Government on contract in construction activities;

The Ministry of Construction guides contract forms of some construction consultancy works as follows:

Article 1. Scope of governing

1. This Circular guides form of contract for some construction consultancy works including: consulting the work construction survey; consulting the making of work construction investment project; making economic - technical report of work construction; consulting the work construction design (hereinafter referred to as construction consultancy) of the projects using 30% of state funds or more.

2. For the projects using ODA capital, if the international treaties to which Vietnam is a member otherwise provided for, shall comply with the provisions of international treaties.

Article 2. Application subjects

1. Organizations and individuals relating to the contract for construction consultancy, inspection, examination, auditing, and payment of work construction investment capital of the projects using 30% of State capital or more.

2. To encourage organizations and individuals relating to the contract for construction consultancy of the projects using less than 30% of state capital to apply this Circular.

Article 3. Guidance on the application of construction consultancy contract form

1. Form of construction consultancy contract issued together with this Circular, including:

Part I: the bases to sign contract.

Part II: the terms and conditions of the contract.

2. Guidance on the application:

Circular guides the form of construction consultancy contracts between project owner and contractor; if the principal is a general contractor or main contractor, the parties shall use this form to carry out.

When applying the form of contract attached to this Circular, the parties based on the provisions in the Decree No.48/2010/ND-CP dated 07/05/2010 of Government on Contracts in construction activities, other concerned specifications of State and guidelines below for agreement in the contract:

2.1. Investors and contractors based on the specific consultancy work of each bidding package for the application of contract form, each consultancy work shall be applied by the parties the corresponding stipulations on work content, workload, and requirements of quality, quantity, consultation acceptance test, and records of payment.

2.2. Advance rates, payment terms, payment times, rate for ensuring the performance of the contract (if any), duration of the contract settlement, the effective duration of the contract, the percentage (%) of the contract price (for contract price by percentage%), time to terminate the contract ... the parties shall specifically agree in the contract.

2.3. In a contract, it may apply one or more types of the contract price corresponding to the consultancy work content as defined in clause 15.1 of the contract form attached to this Circular. With different types of contract price, the parties agree to adjust the contract price respectively, properly.

Article 4. Effect

1. This Circular takes effect from 15/08/2011. Contracts signed before the effective date of this Circular shall not be required to follow the guidance of this Circular.

2. In the course of implementation should any problems arise, concerned organizations and individuals should promptly reflect to the Ministry of Construction for consideration and settlement./.