Chapter IV
CONTRACTS IN CONSTRUCTION ACTIVITIES
Article 44 General principles for signing contracts in construction activities
1. Contracts in construction activities (hereinafter referred to as construction contracts) shall be signed after the party awarding the contract has completed selection of a contractor in accordance with regulations.
2. Construction contracts shall be prepared in the form stipulated by the Ministry of Construction.
3. The signing and performance of construction contracts shall comply with the provisions of this Decree and other relevant laws on contract.
Article 45 Construction contract files
1. A construction contract file shall comprise the construction contract together with data enclosed with the construction contract. A construction contract shall contain the basic items stipulated in article 108 of the Law on Construction.
2.Data enclosed with a construction contract means sections which are not able to be detached from the contract. Depending on the scale and nature of the work, data enclosed with a construction contract shall comprise all or a number of the following items:
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(a)
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Notice of successful tender or official letter of appointment of contractor;
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(b)
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General contractual conditions and specific contractual conditions;
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(c)
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Pre-tender participation invitation documents, tender participation
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invitation
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documents, pre-tenders and tenders;
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(d)
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Proposals from the contractor;
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(e)
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Technical instructions;
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(f)
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Design drawings;
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(g)
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Written amendments and additions;
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(h)
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Lists and tables;
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(i) Guarantee for contract performance; guarantee for advance payments; any other types of guarantee;
(j) Other relevant data.
3. The contracting parties shall reach agreement on the order of priority applicable to the data enclosed with a construction contract stipulated in clause 2 of this article when different data contain different provisions.
The Ministry of Construction shall provide guidelines on contracts in construction activities.
Article 46 Negotiating and signing construction contracts
1. Depending on the scale and nature of a particular project and the stipulated period for implementation, an investor may sign a contract with one or more head contractors. A head contractor may sign a contract for performance of work with one or more sub- contractors. Sub-contractors shall not be permitted to implement more than thirty (30) per cent of the volume of works under the contract.
2. If an investor signs a contract with a number of head contractors, the contents of such contracts must ensure uniformity and integration during the process of implementation of works pursuant to such contracts.
3. In the case of a contractor which is a partnership, the contractors which are partners in the partnership must appoint a representative of the partnership in order to carry out negotiations. The contractor heading the partnership or all contractors which are partners in the partnership must sign the construction contract, depending on the requirement of the party awarding the contract. All contractors in a partnership must bear joint and several liability to the investor for the schedule and quality of construction of the works pursuant to the signed contract.
4. Negotiating and signing a contract must be based on the results of selection of a contractor, conditions for implementation of works, pre-tender participation invitation documents, tender participation invitation documents, proposals from the selected contractor and other relevant data.
5. The parties to a construction contract may, depending on their agreement, delegate the co- ordination, supervision or undertaking of the tasks of check and acceptance work pursuant to the contract.
6. A construction contract shall be of full force and effect as from the date of signing by the contracting parties, unless otherwise agreed by such parties.
Article 47 Payment methods in construction contracts
Depending on the period for implementation of the contract and the nature of the contract, the parties to a contract shall apply one or a combination of the following payment methods:
1. Payment according to package price (fixed price): the party awarding the contract shall pay the contractor the fixed price stipulated in the contract, which shall apply to tender packages which indicate clearly volumes, quality and duration. When extra volumes of works arise outside the contract not due to the contractor, the person making the investment decision shall consider and make a decision.
Payments may be made in stages, or for volumes of works completed, or by one lump sum payment upon completion of the entire project.
2. Payment according to fixed cost units: the party awarding the contract shall pay the contractor for completed works at pre-fixed cost units stipulated in the contract. The payment price shall be determined by multiplying the volume of works actually completed by the cost units stipulated in the contract. When extra volumes of works arise outside the contract which account for more than twenty (20) per cent of the initial contractual volumes, the cost units for such extra works may be re-negotiated.
3. Payment according to a revised price: this shall apply to tender packages for which there were insufficient conditions at the date of signing to fix accurately quantities and volumes, or when there are large fluctuations in prices changed by the State and the contract has a period for implementation of more than twelve (12) months.
Tìm kiếm
Nghị định 16/2005/NĐ-CP (Bản Word)