Guidance For Consulting Service Contracts

Advisory services mainly refer to services such as feasibility study, supervision, engineering design, construction, finance and management.

Since most of the borrowers of international financial institutions are developing countries and lack of experience in technology and management, they need to hire international consulting firms to provide advisory services.

Therefore, borrowers often use limited international bidding methods to select consulting companies in order to supervise and manage the project implementation.

International financial institutions such as the world bank and the Asian Development Bank sometimes employ consultants directly to provide advisory services for their technical assistance projects.

Note that the outline of the outline drawn up by the borrower, the content and form of the short list and the invitation of the consulting company must be approved by the lender and the international financial institution.

The main steps of selecting a consulting firm in limited international bidding are as follows:

* draft the task outline.

* make cost estimates.

* select 5 to 7 qualified post selection companies from long listed companies.

* inviting the post selection companies on the short list and asking them to submit proposals for the "task outline".

* elect a Qualifying Company to negotiate the contract.

* sign the contract.

Consultation service contract (model)

Contract No.:

This contract is made by the consultant (the name of the consultant, hereinafter referred to as the client), and the international consulting company (hereinafter referred to as the consultant) for the other party, signed in China on the month of 19__.

In view of the fact that the client intends to complete the consulting service of the XX project from the consultant, and the consultant has indicated to the employer that he has the professional, technical and technical resources required for the service, and agrees to provide the services, the parties agree to sign the contract according to the following terms:

1. definition

Unless otherwise specified in the contract, the following terms of the contract have the following meanings:

A) the "principal" means "X" (the name of the client);

B) the "consultant" refers to the name of the consultant (the name of the consultant).

C) "applicable law" means legally binding laws and other documents in the PRC.

D) "contract" means a contract signed between the client and the consultant.

E) "foreign currency" means any non Renminbi currency;

F) "service" refers to the work done by consultants according to the terms of the contract to complete the project.

G) "sub contractors" means entities that subcontract part of services according to the terms of the contract.

2. the applicable law and language of the contract

The meaning and interpretation of this contract and its terms, as well as the relationship between the two parties, are governed by the laws of People's Republic of China.

This contract is written in two Chinese and English languages, but the meaning and interpretation of this contract shall be governed by the English contract.

3. execution of contract address

The consultation service will be conducted in China.

4. issue of notice

Any notice should be written in English.

The notice given by one party to the other party shall be sent at the address provided by the other party at any time.

If there is no change in the address of the other party's address, the following address is sent:

It is very important.

The address, telex number, fax number and telegraph address of the client.

It is very important.

(address, telex, fax and telegraph address)

Any notice sent or sent to the above address by mail or telex, fax or telegram shall be deemed to have arrived.

5. tax

Consultants and their personnel should pay their own company and personal income tax and pay other taxes levied under the applicable law of the People's Republic of China.

6. initiation, completion, modification and termination of contracts

A) this contract shall come into force 30 days after signing.

If the contract fails to take effect within 60 days after signing the contract, any party of the contracting party has the right to declare the contract invalid.

If this happens, neither party has the right to lodge a claim against the parties.

B) consultants should start consulting services two weeks after the effective date of the contract and complete all consulting services in the year.

Unless the two parties agree to extend the service under the same conditions, the contract shall be terminated upon completion of the service and payment of the last service.

When the contract is terminated or expired, all rights and obligations of both parties are terminated, but the termination of the contract can not remove the undetermined rights and obligations between the parties.

C) the term of validity of this contract is * * year, and from the date of signing of the contract, the contract will be automatically invalidated at the time of the expiration of the contract.

D) unless a written amendment is signed by both parties, any change or modification of the contract can not be made.

7. obligations of consultants

A) consultants should make every effort to perform advisory services and obligations efficiently and economically in accordance with the technology and practices recognized by the international advisory bodies and the standards of consultation.

Consultants should always maintain and support the legitimate interests of the client in their dealings with the sub contractors and the three party.

B) consultants should abide by the applicable laws of People's Republic of China and respect local customs when performing advisory services.

C) consultants should not receive trade commissions, rebates or similar payments for personal gain in performing their services related to this contract or service.

D) consultants will submit a service progress report to the "client" at the end of each month.

E) all consulting services completed according to the contract requirements shall be checked by the "client" and approved by them.

Consultants should be responsible for the workload, correctness and completeness of consulting services.

F) without the authorization of the client, the consultant can not pfer his debt under any circumstances.

8. participants in the consultation

Consultants should employ and provide experienced and experienced personnel who are eligible for the consultation service.

A) the person who performs the consulting service of this contract and the sub consultant must be approved by the client.

Consultants should provide their clients with a resume and qualified health certificates for examination and approval.

B) no change shall be made to the consultant service without the employer's prior consent.

If necessary, consultants and consultants should be replaced by consultants.

Consultants should be responsible for the additional travel and other expenses incurred by the replacement personnel.

9. the responsibilities and obligations of the client

A) the client shall make every effort to ensure that the government of People's Republic of China has issued the necessary work permits and other related documents for consultants and sub contractors in consultation with China, making timely arrangements to enable consultants to obtain the necessary import and export visas, residence permits, foreign currency exchanges and other documents needed to stay in China.

The client shall also ensure that the consultants and subcontractors have the right to carry a reasonable amount of foreign exchange into China for the sake of consulting work, and to ensure that they are entitled to the proceeds from the contract in accordance with the law.

B) for the services performed by the consultant under this contract, the client shall pay the consultant the method provided in Article X of this contract.

C) the client shall fully ensure that the consultant shall not be responsible to the consultant or any third party for the wrong conduct, negligence or breach of contract after the contract period or after the contract period.

Liability for injury or injury.

10. payment to consultants

A) all costs involved in this contract shall be paid in US dollars by way of X.

All bank charges incurred in China will be borne by consultants.

B) the client shall not pay any other expenses, and the consultant shall not ask for a change in the total remuneration unless the two parties have agreed otherwise.

C) the client will pay all consultancy fees to the consultant in the following manner and proportion.

1) when the contract is implemented and the consultant arrives at the consulting service, the client shall pay the consultant's fee for the first payment.

2) the second payment should be the total consultancy fee (%). The client should have been prepared and submitted the consultation report and other relevant documents at the consultant's side, and these reports and documents are in compliance with the requirements of the contract annexes and be paid to the consultant after being accepted by the principal.

3) the last payment should be the gross (%) of the total consultancy fee, and the client shall submit the consultation summary report and explanation to the consultant after being deemed satisfactory.

4) payment under all these contracts is payable to the consultant's account in the bank.

11. justice and credit

The two sides will treat each other fairly.

The right is granted, and all reasonable measures are taken to ensure the implementation of this contract.

Therefore, the two sides unanimously expressed the hope that the contract will be implemented fairly and without prejudice to the interests of either side.

12. dispute resolution

A) the parties shall fully and amicably settle all disputes arising out of or in connection with this contract.

B) if any dispute arising from or arising from this contract can not be amicably settled between the two parties, either party may submit an arbitration to the China International Economic and Trade Arbitration Commission.

Arbitrator

The award shall be accepted by both parties as final adjudication and binding upon both parties.

The cost of arbitration shall be borne by the losing party.

This is to be evidenced by the signing of the contract by both parties on the above date.

(signed by both parties, slightly)