Chương III Nghị định 37/2015/NĐ-CP: Điều khoản thi hành

Chapter III

IMPLEMENTATION

Article 52. Effect

1. This Decree takes effect since June 15, 2015.

2. The Government’s Decree No. 48/2010/NĐ-CP dated May 07, 2010 on construction contracts; Decree No. 207/2013/NĐ-CP dated December 11, 2013 amending and supplementing a number of articles of the Decree No. 48/2010/NĐ-CP shall become ineffective since the effective date of this Decree.

Article 53. Transitional handling

1. Any construction contract signed and currently in execution before the effective date of this Decree shall be executed according to the regulations on construction contract before the effective date of this Decree.

2. Any construction contract under negotiation must be reported to the competent person for examination and decision if any subject matter contrary to this Decree is found on the basis of the principle that quality, progress, efficiency of the investment project and no infringement of lawful rights and interests of the two parties must be ensured.

3. Any subject matter of the construction contract as set out in the approved but unreleased ITB, request for proposals must be adjusted appropriately if found contrary to this Decree; Any change to the construction contract as set out in the ITB, request for proposals approved and released must be notified to all the bidders (who already buy the ITB and request for proposals) for making adjustments to the ITB and request for proposals; in case the bid is closed, provisions set out in Clause 2 of this Article shall be executed.

Article 54. Implementation

1. Any organization, individual that conducts formulation, appraisal and approval of the ITB, request for proposals covering subject matters relating to construction contract and carries out negotiation, signing and management of the contract performance must comply with the provisions set out hereof.

2. The Ministry of Construction shall instruct and monitor the execution of law provisions on construction contract; instruct adjustments to construction contract, method of adjusting contractual price, construction contract types, model construction contracts and other necessary provisions set out hereof to meet state management requirements for construction contract.

3. Use of model FIDIC conditions of contract, model construction contracts for the formulation and implementation of construction contract is encouraged. Adjustments to the contract on the basis of model construction contract employed must be made to suit Vietnamese laws.

4. The Ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People’s committee of central-affiliated cities and provinces, heads of political organizations, political – social organizations, political-social-occupational organizations, presidents of board of directors of economic groups, corporations and relevant organizations, individuals shall be responsible for executing this Decree./.