A construction consultancy contract can include many different types, corresponding to different stages and tasks in the process of preparing for investment and implementing a construction project. The most popular construction consultancy contracts include: construction surveying consultancy, construction investment feasibility study report, construction design consultancy, construction supervision consultancy.
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I. Legal basis
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Currently, construction contracts are mainly governed by the following legal documents:
– Decree No. 37/2015/ND-CP detailing construction contracts;
– Circular No. 07/2016/TT-BXD guiding adjustment of the construction contract price;
– Circular No. 08/2016/TT-BXD guiding a number of contents on construction consultancy contracts;
In which, Decree No. 37/2015/ND-CP, Circular No. 07/2016/TT-BXD, Circular No. 08/2016/TT-BXD are only required to apply to construction investment projects of state agencies, political organizations, socio-political organizations, socio-political organizations – professional organizations, social organizations. society – profession, social organization, units of the people’s armed forces, public non-business units; State-owned enterprises’ construction investment projects; projects using state capital, capital of state-owned enterprises from 30% or more or less than 30% but over 500 billion VND in the total investment of the project. The other construction investment projects are not required but encouraged to apply such documents.
Ii. Scope of work, workload and documents of consultancy contracts for construction surveying
1. Scope of work
Scope of work of construction surveying may include the following:
– Preparing construction survey plans under Article 13 of Decree No. 46/2015/NĐ-CP.
– Collecting and analyzing data and documents.
– Surveying the construction site.
– Setting up the geodetic framework and drawing detailed topographic maps.
– Drawing underground works
– Setting up geodetic frameworks for linear infrastructure projects.
– Carrying out hydrographic survey, site geological survey and hydrogeological survey.
– Conducting geophysical research.
– Drilling, collecting samples, testing and defining chemical and physical properties of soils, rocks and water.
– Conducting meteorological, hydrogeological, geological and hydrological monitoring.
– Surveying the conditions of construction works.
– Processing figures of’ construction surveying and making construction surveying reports.
– Carrying out other construction surveying tasks.
The workload shall be determined according to construction survey objectives, project phase, surveying regulations and standards, requirements and specific conditions of the construction surveying contract.
– Construction survey reports under Article 15 of the Decree No. 46/2015/NĐ-CP.
– Topographic maps, geological maps, geohydrographical maps, construction site drawings and geological cross-section drawings.
Iii. Scope of work, workload and documents of consultancy contracts for investment feasibility study reports
1. Scope of work
Scope of work of consultancy contracts for investment feasibility study reports includes:
– Preparing the feasibility study report
– Studying documents related to the feasibility study report
– Surveying the construction site, conducting market research, collecting figures in terms of natural conditions, population, economy and environment for the feasibility study report
– Making feasibility study reports under Article 54 of the Construction Law 2014.
– Amending and completing the feasibility study report after the receipt of responses from the authorities taking charge of appraising the project and basic design (if any).
The workload shall be determined according to the investment policies or pre-feasibility study report (if any), responsibilities for feasibility study reports, design standards and regulations, requirements and specific provisions of the contract of the feasibility study report.
The documents of consultancy contracts for investment feasibility study reports shall include the following:
– Basic design;
– Contents of the feasibility study report in which the total investment shall be included.
Iv. Scope of work, workload and documents of consultancy contracts for project design
1. Scope of work
Key tasks included in a design consultancy contract are as follows:
– Studying the approved feasibility study report and construction survey report and design plan
– Conducting field surveys
– Designing the construction project in accordance with Articles 78, 79 and 80 of the Construction Law 2014.
– Amending and completing the design at request of the appraisal authority (if any).
– Supervising the compliance with the design under Article 28 of the Decree No. 46/2015/NĐ-CP.
The workload shall be determined according to the design plans, standards and regulations, type and level of the construction project, requirements of the design contract.
The documents of consultancy contracts for project design shall include the following:
– Drawings, descriptions of design and design calculation worksheets;
– Technical manuals;
– Cost estimates;
– Construction maintenance processes.
v. Scope of work, workloads and documents of consultancy contracts for construction supervision
1. Scope of work
The construction supervision contract may include quality control, workloads and HSE during the construction. Construction supervision responsibilities shall be conformable to clause I, Article26 of the Decree No. 46/2015/ND-CP.
The workload shall be determined according to the design plan, design standards and regulations, type and level of the construction project, bidding documents, bids, and minutes of negotiations and requirements of the construction supervision contract.
The documents of consultancy contracts for construction supervision shall include the following:
– Periodic reports: the contractor shall submit the hirer and construction contractor weekly on-site progress reports which specify completed tasks and approved works during the reported week, comments and evaluation of project quality, workloads, progress and HSE by supervision and management teams.
– Reports on acceptance of project work items: the contractor shall have their completed works or work items undergone the acceptance procedure in terms of technique, quality and the completed work, and propose plans for next stages.
– Irregular reports at requests of the hirer.
See more issues related to construction contracts:
– Several main contents of construction consultancy contracts;