Thông tư 02/2015/TT-BLĐTBXH mức lương chuyên gia tư vấn trong nước làm cơ sở dự toán gói thầu

CIRCULAR

ON PAY RATES FOR DOMESTIC CONSULTANTS AS THE BASIS FOR COST ESTIMATES OF CONTRACT-BASED, TIME-BASED, STATE-FUNDED PACKAGE OF CONSULTING SERVICES

Pursuant to the Government’s Decree No. 106/2012/ND-CP date December 20, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 on elaboration of the Procurement Law on selection of preferred bidders;

At the request of the Director of Department of Labor and Wages;

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on pay rates for domestic consultants as the basis for cost estimates of contract-based, time-based, state-funded package of consulting services.

Article 1. Scope

This Circular set forth pay rates for domestic consultants as the basis for formulation, appraisal, and approval of cost estimates of contract-based, time-based, state-funded or state-owned-enterprise-funded package of consulting services prescribed in Article 1 of the Government's Decree No. 63/2014/ND-CP dated June 26, 2014 on elaboration of the Procurement Law on selection of preferred bidders.

Article 2. Regulated entities

Agencies, organizations and individuals participating in or related to the formulation, appraisal and approval of cost estimates of package of consulting services governed by this Circular.

Article 3. Monthly pay rates for domestic consultants

The monthly pay rates applicable to domestic consultants (hereinafter referred to as consultants) working full time per month are regulated as follows:

1. Level 1, up to VND 40,000,000/month, applies to consultants in one of the following cases:

a) The consultant has a bachelor’s degree in consulting major and has at least 15 years of experience in consulting.

b) The consultant has a master’s degree in consulting major and has at least 8 years of experience in consulting.

c) The consultant has held the title of Head of a consulting group or has taken charge of or administered a package of consulting services.

2. Level 2, up to VND 30,000,000/month, applies to consultants in one of the following cases:

a) The consultant has a bachelor’s degree in consulting major and has from 10 to less than 15 years of experience in consulting.

b) The consultant has a master’s degree in consulting major and has from 5 to less than 8 years of experience in consulting.

c) The consultant has held the title to take charge of one or several items of a package of consulting services.

3. Level 3, up to VND 20,000,000/month, applies to consultants in one of the following cases:

a) The consultant has a bachelor’s degree in consulting major and has from 5 to less than 10 years of experience in consulting.

b) The consultant has a master’s degree in consulting major and has from 3 to less than 5 years of experience in consulting.

4. Level 4, up to VND 15,000,000/month, applies to consultants in one of the following cases:

a) The consultant has a bachelor’s degree in consulting major and has less than 5 years of experience in consulting.

b) The consultant has a master’s degree in consulting major and has less than 3 years of experience in consulting.

Where necessary, as for large-scale projects and works with complex techniques, using modern technology, which require consultants to have special technical expertise while the supply of the labor market is limited or the working conditions are poor or in remote and isolated areas, the investor or the procuring entity may, at its discretion or requesting the competent person to, decide a higher pay rate for the consultant, but not more than 1.5 times the pay rate specified in this Article.

Article 4. Weekly, daily and hourly pay rates for consultants

1. The weekly pay rate applicable to consultants who work for 6 days or more but less than one month is determined by taking the monthly salary specified in Article 3 of this Circular multiplied by 12 months, divided by 52 weeks and multiplied by 1.2.

2. The daily pay rate applicable to consultants who work for 8 hours or more but less than 6 days is determined by taking the monthly salary specified in Article 3 of this Circular divided by 26 days, and multiplied by 1.3.

3. The hourly pay rate applicable to consultants who work for less than 8 hours is determined by taking the monthly salary specified in Article 3 of this Circular divided by 26 days, divided by 8 hours and multiplied by 1.3.

Article 5. Application of the consultant's pay rates

1. The consultant's pay rate specified in Article 3 and Article 4 of this Circular is the maximum amount, including the pay of public holidays, New Year holidays and paid leave as prescribed by the Labor Code; the premiums of social insurance, health insurance, unemployment insurance and personal income tax incurred by the employee in accordance with the applicable law.  This pay rate does not include the premiums of social insurance, health insurance and unemployment insurance incurred by the employer in accordance with applicable law; the administration cost incurred to employ and manage experts (if any), expenses incurred in travel, survey, office rental, communication and other costs to enable the consultant to perform his/her tasks.

2. Based on the scale and nature of the package and the location where the consulting services are performed, the investor or the procurement entity shall determine the appropriate pay rates as a basis for formulation, appraisal and approval of the cost estimates of the package to ensure frugality and efficiency.

3. The pay to the consultant is based on the contents of the consulting contract concluded between the consultant and the contractor of the consulting package, the quantity and quality of the work items performed by the expert and salary payment regulations of the unit.

Article 6. Implementation

1. This Circular comes into force as of March 1, 2015.

2. Circular No. 18/2010/TT-BLDTBXH dated June 10, 2010 of the Ministry of Labor, War Invalids and Social Affairs on salaries of domestic consultants performing contract-based, time-based, state-funded or state-owned-enterprise-funded packages of consulting services shall cease to be effective from the effective date of this Circular.

3. The formulation, appraisal, approval of cost estimates, adjustment of package estimates and handling of situations in bidding due to changes in pay rates for domestic consultants specified in this Circular, Procurement Law, Construction Law and guiding documents.

4. The investor, the procuring entity shall assess pay rates for consultants in the consulting package approved by the competent authority in the preceding year and the Form No. 1 enclosed with this Circular to the competent person before January 31 of each year.

5. The competent person shall consolidate and send a report on pay rates for consultants in the consulting package approved by the competent authority in the preceding year and the Form No. 2 enclosed with this Circular to the Ministry of Labor, War Invalids and Social Affairs before March 31 of each year.

6. Ministries and agencies shall promulgate titles and standards for domestic consultants under their fields of management as a basis for selecting experts and determining pay rates for consultants according to this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.

Governing body…………….

Investor/Procuring entity……………………………..

Form No. 1

APPROVAL FOR PAY RATES FOR DOMESTIC CONSULTANTS

………..[YEAR]

(Issued together with Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, Invalids and Social Affairs)

Notes:

(1) The groups of experts correspond to the pay rates specified in Articles 3 and 4 of Circular No. 02 /2015/TT-BLDTBXH.

(2) The group of special experts is entitled to a higher pay adjustment but not exceeding 1.5 times the pay rates specified in Article 3 of Circular No. 02/2015/TT-BLDTBXH.

Ministry/agency/local government (competent person)……………

Form No. 2

APPROVAL FOR PAY RATES FOR DOMESTIC CONSULTANTS

………..[YEAR]

(Issued together with Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labor, Invalids and Social Affairs)

Notes:

(1) The groups of experts correspond to the pay rates specified in Articles 3 and 4 of Circular No. 02 /2015/TT-BLDTBXH.

(2) The group of special experts is entitled to a higher pay  adjustment but not exceeding 1.5 times the pay rates specified in Article 3 of Circular No. 02/2015/TT-BLDTBXH.