Project management consulting service contract template

Project management consulting service contract is a written agreement between the investor and the contractor on the implementation of project management consulting services. This contract helps ensure the rights of participating parties, contributing to effective management of project progress and quality. The following article will analyze in the detail project management consulting service contract.

What is a project management consulting service contract?

A project management consulting service contract is an agreement between the investor and the consulting contractor on the implementation of project management consulting services. Accordingly, the contractor will provide management consulting services to the investor and receive payment from the investor.

This contract clearly stipulates the scope of work, responsibilities and powers of the participating parties. It includes content such as job description, contract value, implementation schedule, payment method and other related terms.

The main purpose of the contract is to ensure the rights of the parties and create a legal basis to resolve disputes if they arise. Contracts help effectively manage the progress, quality and costs of construction investment projects.

Conditions for operating project management consulting services

To carry out project management consulting activities, consulting organizations need to meet capacity conditions as prescribed in Decree 15/2021/ND-CP. Specifically:

For class I project management consulting:

• The project management director must have a Class I project management practice certificate.
• The individual in charge of the profession needs to have a certificate to practice construction supervision and construction valuation class I suitable for the job.
• Participating personnel have expertise appropriate to the work undertaken.
• Managed at least 1 group A project or 2 group B projects or higher.

For class II project management consulting:

• Project management director has a practicing certificate of class II or higher.
• The individual in charge of the profession must have a practice certificate of Grade II or higher suitable for the job.
• Personnel involved have appropriate expertise.
• Managed at least 1 group B project or 2 or more group C projects.

Project management consulting service contract

Contract form

Currently, the project management consulting service contract model is made according to the form issued with Official Dispatch No. 99/BXD-KTTC in 2008 of the Ministry of Construction. This contract form includes the following main contents:

Part 1: Grounds for signing a contract

Part 2: Terms and conditions of the contract, including 20 specific terms, including:

• Article 1: Contract documents and priority order
• Article 2: Definitions and interpretation
• Article 3: Description of work scope
• Article 4: Contract price, advance and payment
• Article 5: Guarantee of contract performance
• Article 6: Change and adjustment of contract price
• Article 7: Contract implementation progress
• Article 8-9: Responsibilities and powers of the parties
• Article 10: Consultant’s human resources
• Article 11-20: Other provisions on contract suspension, termination, confidentiality, insurance, disputes, settlement…

>>> Download: Project management consulting contract template

Instructions for drafting contracts

When drafting a project management consulting service contract, the parties should note the following points:

• Clearly define the scope of consulting work, responsibilities and powers of each party.
• Specific regulations on key personnel and practice certificate requirements.
• Determine contract value, payment method, price adjustment if any.
• Prepare detailed implementation schedule, reporting and acceptance milestones.
• Regulations on information security and intellectual property rights for consulting products.
• Terms of professional liability insurance for consultants.
• Handling process when there is a change, suspension or termination of the contract.
• Dispute resolution and arbitration methods.

The parties need to carefully discuss and agree on the above contents before signing the contract to ensure the rights and responsibilities of each party.

Note when negotiating and signing the project management consulting service contract

Signing a project management consulting service contract is an important step to ensure that the project is implemented according to plan, to the desired quality and within the expected budget. Negotiating and signing effective contracts will help minimize risks and ensure both parties are satisfied with the terms. Below are important notes when negotiating and signing a project management consulting service contract:

• Clearly define the scope of work: It is necessary to describe project management consulting tasks in detail, avoiding general descriptions that lead to disputes later. The scope may include planning, human resource organization, progress monitoring, quality management, cost management…
• Regulations on key personnel: Requirements on qualifications, experience, and practice certificates of key personnel such as project directors and technical experts. Regulations on personnel changes.
• Clearly define responsibilities and authorities: Clearly define the responsibilities and authorities of consultants and investors during project implementation. Regulations on approval and acceptance of consulting products.
• Contract value and payment: Clearly state the total contract value, price calculation method, payment method, advance conditions, and settlement. Regulations on price adjustment if there is a change in the scope of work.
• Implementation progress: Set up a detailed schedule for each stage and job. Regulations on periodic progress reporting and handling of slow progress.

Consulting services, drafting project management consulting contracts

At Long Phan, we provide consulting services and draft project management consulting contracts. Using the service will help customers save time and resources, draft strict contracts, protect maximum rights and avoid legal risks that may arise. Our scope of services includes:

• Analyze project specific needs and requirements;
• Consulting on necessary terms in the contract;
• Prepare draft contracts in accordance with legal regulations;
• Negotiate with partners on contract terms;
• Review and complete the contract before signing;
• Consulting on the contract signing and implementation process.

Project management consulting service contract is an important tool to ensure effective construction investment project management. For detailed advice and support in drafting contracts suitable for specific projects, please contact the hotline 0906735386. Our team of lawyers is ready to assist customers in building tight contracts, ensuring rights and minimizing legal risks during project implementation.