中文Short answer: An organization wishing to practice consulting must be an enterprise/science and technology organization (or another sufficiently capable organization) with premises, working facilities and at least 02 qualified consulting practitioners; an individual wishing to practice consulting must have professional qualifications, good moral character, full civil act capacity and operate within a specific consulting organization (Article 6 of Decree 87/2002/ND-CP).
1. What conditions must an organization meet to practice consulting?
Under Article 6 of Decree 87/2002/ND-CP, a consulting organization must simultaneously satisfy:
Related services
M&A, Equity Transfer and Project Transfer
If you are preparing an equity transfer, M&A transaction, project transfer or restructuring, ANT Legal can help review legal risks and transaction structure.
- Being an enterprise, a science and technology organization or another organization with professional capacity and experience in the consulting field, established and registered to operate in accordance with the law;
- Having premises and working facilities;
- Having at least 02 persons qualified to practice consulting as prescribed for individuals.
2. What conditions must an individual meet to practice consulting?
An individual practicing consulting must satisfy the following conditions:
- Having a college, university or higher degree in the consulting practice field, or a consulting practice certificate where the law so prescribes;
- Having good moral character;
- Having full civil act capacity;
- Not being prosecuted for criminal liability or subject to administrative handling measures in the consulting practice field;
- Operating within a specific consulting organization.
Cadres and civil servants may participate in providing consulting services if such participation is not contrary to the laws on cadres and civil servants.
3. Principles of consulting practice
Article 7 of Decree 87/2002/ND-CP prescribes the principles: compliance with the law; responsibility before the law for all professional activities; compliance with professional ethics; ensuring independence, honesty, objectivity and scientific rigor; keeping confidential the information received from consulting service users, except where the client agrees or the law provides otherwise.
4. Basic rights and obligations of consultants
Rights (Article 8): equal participation in consulting selection/bidding; negotiating and signing consulting contracts; collecting consulting fees as agreed; unilaterally suspending contract performance and claiming compensation when the service user breaches; requesting necessary information and documents; hiring domestic and foreign experts.
Obligations (Article 9): fully performing obligations in the consulting contract; compensating for damage when breaching commitments; taking out professional liability insurance; fully fulfilling financial obligations as prescribed.
Contact a lawyer
Before establishing a consulting organization or signing a consulting service provision contract, enterprises should review personnel conditions, registered business scope and contract terms. For specific advice, please contact a lawyer for support.
Comments are closed.