THE MINISTRY OF CONSTRUCTION
Circular No. 09/2016/TT-BXD dated March 10, 2016 of the Ministry of Construction guiding on the construction contracts
Pursuant to the Law on Construction No.50/2014/QH13 dated June 18, 2014;
Pursuant to the Decree No. 37/2015/ND-CP detailing the construction contracts dated April 22, 2015;
Pursuant to the Government’s Decree No.62/2013/ND-CP defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction dated June 25, 2013;
Pursuant to the Government’s Decree No. 46/2015/ND-CP on construction works maintenance and quality control dated May 12, 2015;
Pursuant to the Government’s Decree No. 59/2015/ND-CP on construction project management dated June 18, 2015;
At requests of the Director of Department of Construction Economics; the Minister of Construction hereby issues this Circular guiding the conclusion of construction contracts.
1. This Circular provides a number of guidelines on construction contracts.
2. This Circular applies to organizations and individuals participating in the conclusion and management of construction contracts of the following construction projects (including construction contracts between PPP project hirers and contractors of contractor projects:
a) Construction projects invested by regulatory authorities, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, affiliates of the People’s armed forces and public service providers.
b) Construction projects invested by state-owned enterprises or enterprises funded with at least 30% of State capital;
c) Construction projects other than those specified in point a and b of this clause and the proportion of the State capital in which is at least 30% or exceeding 500 billion dong.
Organizations and individuals engaging in construction contracts of projects funded by other sources of finance should follow provisions hereof
3. Where the provisions hereof regarding construction contracts of construction projects funded with ODA (hereinafter referred to as “ODA project”) and international agreements to which Vietnam is a signatory conflict, the international agreement shall prevail.
1. The scope of work and workload shall be mutually agreed by both parties (the hirer and contractor) and shall be specified in the construction contract. The scope of work shall be defined according to the bidding documents or request for proposals, bid or proposals, minutes of negotiations or relevant legal documents.
A construction contract may include the following tasks, in whole or in part:
a) Transferring, receiving and managing construction sites, construction site boundaries, markers
b) Providing building materials, personnel, and construction vehicles/machines/equipment stipulated in the contract.
c) Constructing the construction works according to the approved design and current construction regulations and standards.
d) Surveying and monitoring at requests of designers; carrying out on-line testing and off-line testing according to the commissioning plan prior to acceptance procedure.
dd) Controlling construction quality, installing equipment, supervising sub-contractor performance (if the contractor is prime contractor or EPC contractor).
e) Remedying defects (if any) occurring during the construction
g) Testing quality of building materials and structure
h) Conducting the acceptance by construction stage, part of construction work, acceptance of work items and construction works
i) Performing HSE and fire/explosion prevention;
k) Protecting construction sites within the scope of contract.
l) Ensuring the construction site security
m) Cooperating with other contractors (if any)
n) Clearing the construction site and transferring construction works after the completion.
o) Other tasks as agreed in the contract, documents and provisions of laws.
2. Building materials or construction vehicles provided by the hirer shall be specified in the contract, including: weight, quality, date and place of provision.
Click download to see the full text