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CONTRACTOR CONTRACT

This service agreement is hereby entered into between:

Plan in Vietnam,
Represented by Mr. David Trees
Program Director, Plan in Vietnam
Office address: 2nd floor, 106 Hoang Quoc Viet, Ha Noi, Vietnam

And
the Consultant Team, including
Mr. Cao Xuan Hien - Consultant team leader
Tel: 09164.35789
Address: Dong Ha city, Quang Tri province
ID: 197076402

Mr. Le Manh Hung-Consultant vice-team leader, Mr. Nguyen Minh Nhat, Mr. Le Dinh Quoc Vu, and
Doan Hoang Tai Team members

Whereby it is agreed by both parties:

1. The Consultant agrees to provide service to Plan Vietnam in order to undertake the role of
Construction Consultant for shelter assessment and house repair designs in Quang Binh under the
project Early recovery assistance to Typhoon and flood affected children and their families in
central Vietnam.

2. Scopes of consultancy services work: see at the attached ToR.

3. Outputs of the consultancy service:

Based on the objectives of the research, the following deliverables should be produced upon
completion of this consultancy:
A completed report on shelter assessment results detailing outputs of the investigation,
including current status of shelters in three selected districts
A completed package of recommendation and construction/repair designs and budget
estimation based on the assessment and discussion with Plan designated staff for house
repair solutions for families, whose houses were damaged by the typhoon;
A monitoring report on field work during construction/repairing implementation process


4. Timeframe for the consultancy service: from July to August 2014

5. The Consultant agrees to follow the Internal Policies and Procedures of Plan Vietnam. The
Consultant will work for the whole period agreed in the attached TOR. The Consultant shall not be
paid for overtime and is expected to manage the work in such a way that the work can be carried
out during office hours.

6. By the accepting this working contract, the Consultant agrees not to disclose any confidential
information regarding Plan Vietnam, any persons employed by Plan Vietnam, or our clients, as
worked with in relation to this contract during or after the terms of agreement. Upon termination
of this contract, the Consultant shall promptly hand over all documents to Plan Vietnam. This
includes all documents that were prepared, compiled, or received by the Consultant or by any
other persons involved in the performance of activities outlined in the relation to the attached
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work/job description. All documents and materials, developed by the Consultant are, and will
always be, the exclusive property of Plan Vietnam.

7. Under this contract, the Consultant is engaged to complete the assigned tasks as an independent
contractor and not as an employee or representative of Plan Vietnam. Thus, the Team shall be
responsible for vacation pay, sick leave, income tax, or any insurance or pension contributions.

8. The agreed consultancy fee and other expenses for Consultant team in this agreement are
described in the table below:

Activities Description Unit
Total
quantity
Unit Price
(VND)
Total
(VND)
I Consultancy fee 73,000,000
1
Developing
assessment tools and
working plan
Desk work, 1 working day
People/day 5 600,000 3,000,000
2
Field assessment Tentatively 800
households; 5 people, 12
days
People/day
2.1 Field assessment fee 5 people x 12 days People/day 60 600,000 36,000,000
2.2
Field assessment fee
for local people
01 person/group x 4
groups x 12 days
People/day 48 150,000 7,200,000
3
Developing estimated
materials and
5 people x 4 days
People/day 20 600,000 12,000,000
4
Meeting with Plan,
finishing report in
Vietnamese
5 people x 2.5 days
People/day 12.5 600,000 7,500,000
5 Personal income tax 10% of consultancy fee 7,300,000
II Travel cost 12,000,000
1 Dong Ha Dong Hoi (2
ways)
7 seat car x 4 times
time 4 1,500,000 6,000,000
2 Traveling at field Personal transport, 12
days x 5 people
day 60 100,000 6,000,000
III Accommodation 17 days x 4 rooms night 68 300,000 20,400,000
IV Perdiem 19.5 days x 5 people People/day 97.5 220,000 21,450,000

126,850,000
Total consultant fee: 73,000,000VND (in words: Seventy three million Vietnamese Dong)
Total contract cost: 126,850,000VND (in words: One hundred and twenty six million, eight
hundred and fifty thousand Vietnam dong)
Payment:
- 40% of consultancy fee will be made in advance, and the rest payment (60% of consultancy
fee) will be made based on the satisfactorily completion of the service as acknowledged by the
direct supervisor.
- Plan Vietnam will deduct the personal income tax at 10% of the total consultancy fee and
Perdiem on behalf of the Consultant team leader, and pay the local tax authorities as per the
current Vietnamese taxation laws. Plan Vietnam will issue the official receipt of tax payment in
name of Cao Xuan Hien and sent to the team leader.
- Travel, perdiem and accommodation for consultants will be paid on the submission of all
related receipts/ invoices. All these expenses must be in line with Plans cost norms.
- Payment will be made to the Consultant team leader, with below details of bank account:

Banks information of the Consultant-Team leader:
Account name: Cao Xuan Hien
Bank account number: 0161 000 523 678
Bank: VietCombank/Quang Tri Branch
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PIT:

9. The Consultant must never use their position to obtain personal gain. The Consultant also must
conduct themselves at all times in a manner that avoids suspicion of such behavior.

10. The Consultant must not give or receive any gift, entertain or benefit or benefit from any supplier
or public official in circumstances where such an action could be viewed as attempting to secure
the favor of such a person.

11. The Consultant must do nothing that may cause emotional, physical or financial harm to the
individuals, families or communities that Plan Vietnam is dedicated to work with.

12. With signing of this contract, the Consultant confirms having read and understood Plans Child
Protection Policy and Anti-fraud policy (see attached annex). The Consultant agrees to abide and
follow this Child Protection Policy and Anti-fraud Policy strictly.

13. Any of the following will constitute a breach of this contract:
Failure of the Consultant to complete any agreed activity outlined in the Scope of Work
and/ or in accordance with performance and quality.
Failure of Plan Vietnam to pay the Consultant as outlined in this agreement.
Violation of any law, rule, regulation or court order or authority having jurisdiction over
the program, Plan Vietnam or the Consultant.

14. This agreement may be terminated in writing at least 15 days in advance. Termination for cause
may be at any time without notice or payment in lieu of notice of good cause.

15. This contract constitutes of the complete agreement between two parties as outlined here before
and may not be amended or modified except in writing, agreed and signed by both parties.

16. This agreement will be governed by the Laws of Vietnam.

17. Both parties agree that Plan Vietnam is not liable for any claim resulting from anything which both
directly and indirectly relate to these required services other than the stated stipulation above.

This agreement is prepared and signed in two (02) copies in English. Each party will keep one copy.
The contract comes into effect immediately after signing of both parties.





David Trees Cao Xuan Hien
Program Director Consultant Team Leader

Plan Vietnam The Consultant
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