Chươgn 1 Nghị định 87/2002/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree regulates the provision and use of consultancy services, excluding legal consultancy services.

2. This Decree shall not regulate the provision of consultancy services of which the users shall not have to pay consultancy charges to the providers.

Article 2.- Subjects of application

1. This Decree shall apply to Vietnamese organizations and individuals of all economic sectors, which provide and use consultancy services.

2. This Decree shall not apply to foreign organizations and individuals providing consultancy services in Vietnam.

Article 3.- Application of legal documents

1. All activities of providing and using consultancy services prescribed in Clause 1 of Article 1 must comply with the provisions of this Decree.

2. Where international agreements which Vietnam has signed or acceded to contain provisions different from those of this Decree, the provisions of such international agreements shall apply.

Article 4.- Encouragement of development of consultancy activities

1. The State recognizes consultancy activities as a form of specialized service on the list of State-controlled business lines.

2. The State encourages and supports the development of consultancy activities and the establishment of consultancy associations and adopts preferential policies to develop professional consultancy organizations of all economic sectors.

3. Consultancy activities shall enjoy the highest preferential levels in the system of policies towards service-providing activities according to the provisions of law.

Article 5.- Interpretation of terms

In this Decree the following words and phrases shall be construed as follows:

1. Consultancy activities means activities of collecting and processing information, applying professional knowledge, identifying problems, proposing solutions and options, formulating projects, monitoring and evaluation, which are conducted independently and objectively by Vietnam’s specialized organizations or individuals at the requests of consultancy users.

2. Consultants means specialized organizations or individuals that provide consultancy services in compliance with the provisions of this Decree.

3. Professional consultancy organizations means organizations which only provide consultancy services and conduct other activities closely associated with the consultancy practice, such as research, training, technical assistance, supply of information or lawful representation in settling matters requiring specialized knowledge.

4. Consultancy service users means organizations or individuals that use consultancy services provided by consultants in accordance with the provisions of this Decree.

5. Use of consultancy services with the State budget sources means the use of consultancy services which are paid for with charges coming from the State budget.

6. Independent consultancy means consultancy services that are provided by consultants neither administratively nor financially dependent on the consultancy service users.