According to this August 9 Decision, foreign construction consultants are hired on the principles of competitiveness, cost effectiveness and efficiency.
Unless it is permitted by a competent agency, foreign consultants may not be hired to provide construction consultancy services related to national secrets.
The hiring and forms of hiring foreign consultants shall be decided by:
- Investment deciders, for consultants to advise on construction investment projects;
- Provincial-level People’s Committee presidents, for consultants to make construction planning blueprints in provinces or cities; and,
- The Construction Minister, for consultants to make construction planning blueprints falling within the Prime Minister’s approving competence.
A foreign consultant must have construction consultancy practice certificate, have practiced construction consultancy for at least 5 years and have joined in the completion of at least 3 construction consultancy services of the same type with those for which he/she is expected to be hired in Vietnam.
A foreign consultancy organization must have adequate financial capacity with qualified consultants and have completed at least 3 construction consultancy services of the same type with those for which it is expected to be hired as a principal contractor in Vietnam.
As soon as they are selected to provide construction consultancy services in Vietnam, foreign consultancy contractors shall comply with Clause 4, Article 7 of the Construction Law, and the Prime Minister’s Decision No. 87/2004/QD-TTg of May 19, 2004.
Those contractors may neither purchase nor sell contracts in any form.-