Circular No. 09/2011/TT-BXD of June 28, 2011, guiding contract form of work construction

CIRCULAR
GUIDING CONTRACT FORM OF WORK CONSTRUCTION 

Pursuant to the Decree No.17/2008/ND-CP dated 04/02/2008 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Decree No.48/2010/ND-CP dated 07/5/2010 of the Government on contract in construction activities; 

The Ministry of Construction guides contract form of work construction (hereinafter referred to as contract of work construction) as follows:

Article 1. Scope of governing

1. This Circular guides the contract form of construction of the projects using 30% of state funds or more, including state budget capital, the official development assistance capital (ODA capital for short), capital for development investment credit of the state, the credit capital guaranteed by state and other investment capital of state.

2. For the projects using ODA capital, if the international treaties to which Vietnam is a member otherwise provided for, shall comply with the provisions of such international treaties.

Article 2. Application subjects

1. Organizations and individuals relating to the signing and implementation of contract for work construction, inspection, examination, auditing, and payment of work construction investment capital of the projects using 30% of State capital or more.

2. To encourage organizations and individuals relating to contract of work construction of the projects using less than 30% of state capital to apply this Circular.

Article 3. Guidance on the application of construction contract form 

Form of construction contract issued together with this Circular includes two parts:

Part I: the bases to sign contract

Part II: the terms and conditions of the contract (Article 25)

2. Guidance on the application:

a) Depending on the type of contract that the contracting parties agree to apply the provisions of the contract price and record of the corresponding payment of the contract form. It can apply a variety of contract prices in a contract; this form of contract provides for the types of construction contracts (including construction work equipment installation upon work construction design). 

b) Form of contract together with this Circular guides the implementation between project owner and contractor; if the principal is a general contractor or main contractor, the parties shall use this form of contract to carry out;

c) A number of specific provisions such as contents and workload, hire of consultants, the advance rate of the contract, the contract performance guarantee rate, the warranty rate, payment term, payment rate for the times of payment in the contract, the temporary suspension term, termination period of the contract, warranty term of work and the similar cases, the parties based on provisions of Decree No.48/2010/ND-CP dated 07/5/2010 of the Government on contracts in construction activities and the State’s regulations relating to contractual agreements. 

Article 4. Effect

1. This Circular takes effect from 15/08/2011. The Contracts signed before the effective date of this Circular shall not be required to apply the provisions of this Circular.

2. In the course of implementation should any problems arise, concerned organizations and individuals should promptly reflect to the Ministry of Construction for consideration and settlement./.