Circular 18/2010/TT-BLDTBXH stipulating salaries for domestic consultants who perform consulting bidding packages and apply the form of time-based contracts under state-funded projects funded by the Ministry of Labor - Invalids and Social Affairs issued

CIRCULAR

ON SALARIES FOR DOMESTIC CONSULTANTS PERFORMING CONSULTANCY BID PACKAGES UNDER STATE-FUNDED PROJECTS ON THE BASIS OF TIME-BASED CONTRACTS

Pursuant to the November 29, 2005 Bidding Law and the June 19, 2009 Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment;
Pursuant to the Government's Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;
Pursuant to the Government's Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
After consulting concerned ministries and branches, the Ministry of Labor, War Invalids and Social Affairs provides for salaries for domestic consultants performing consultancy bid packages under state-funded projects on the basis of time-based contracts according to the Bidding Law as follows:

Article 1. Scope of regulation and subjects of application

This Circular prescribes salaries for domestic consultants performing consultancy bid packages under time-based contracts which shall be used as grounds for the valuation of consultancy contracts under state-funded projects according to the Bidding Law.

Article 2. Salaries for domestic consultants

1. Salaries for domestic consultants stipulated in Article 1 of this Circular are prescribed as follows:

a/ Level 1: not exceeding VND 25,000,000/ person/month, for domestic consultants who have a university or postgraduate degree and over 15 years of experience in the domain of consultancy;

b/ Level 2: not exceeding VND 20,000,000/ person/month, for domestic consultants who have a university or postgraduate degree and between over 10 and 15 years of experience in the domain of consultancy;

c/ Level 3: not exceeding VND 10,000,000/ person/month, for domestic consultants who have a university or postgraduate degree and between over 5 and 10 years of experience in the domain of consultancy;

d/ Level 4: not exceeding VND 5,000,000/ person/month, for domestic consultants who have a university or postgraduate degree and between over 3 and 5 years of experience in the domain of consultancy.

2. For special projects which require domestic consultants who possess high qualifications in particular domains or which are executed in difficulty-hit, far or remote areas, project investors shall consult their managing agencies before deciding to pay salary levels higher than those specified in Clause 1 of this Article.

3. The salary levels specified above are lump-sum payments which also include social insurance, health insurance and unemployment insurance premiums and taxes under current regulations.

4. Investors shall determine specific salary levels applicable to each consultant title based on working criteria, norms and requirements as well as the scope, importance and geographical area of projects.

5. When the consumer price index announced by the General Statistics Office increases by 15% or more over that applied at the time when this Circular takes effect, the Ministry of Labor, War Invalids and Social Affairs shall, after consulting relevant ministries and branches, adjust these salary levels to suit reality.

Article 3. Organization of implementation

1. This Circular takes effect 45 days from the date of its signing.

2. Ministries and branches shall promulgate titles and criteria of domestic consultants working in domains under their respective management.

3. Salary levels for domestic consultants specified at Clauses 1 and 2, Article 2 of this Circular shall serve as grounds for the valuation of consultancy contracts. Salaries shall be paid to domestic consultants based on their labor contracts, their working productivity, quality and effectiveness.

4. Consultancy contracts signed after the effective date of this Circular must comply with this Circular. For consultancy contracts which are signed prior to the effective date of this Circular but not yet completed, implemented or paid, investors shall base on the scope, characteristics and volume of work under these contracts which has not yet been implemented or paid and this Circular to adjust the contractual value. If the salary levels for domestic consultants are lower than those specified in this Circular, investors shall consider and adjust them under this Circular. If the salary levels are higher than those specified in this Circular, investors shall reports such to their managing agencies for consideration and adjustment so as to suit reality.

The adjustment of the value of consultancy contracts must comply with the Bidding Law and current documents of the State.

Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for guidance and settlement.-

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