Circular No. 03/2013/TT-BXD issues the Model Contract for Joint Use of Infrastructure Engineering Works and the Model Operation and Management Contract for Jointly Used Infrastructure Engineering Works, to be mandatorily applied from May 18, 2013.
Scope of application
Organizations and individuals related to the use and operation and management of infrastructure engineering works
Key points
- The Ministry of Construction issues the Model Contract for Joint Use of Infrastructure Engineering Works pursuant to Article 1.
- Parties entering into the contract may supplement additional terms consistent with specific conditions and guidance provided in the footnote (Article 2).
- This Circular shall take effect from May 18, 2013 (Article 3).
- Heads of ministries at the ministerial level, agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and organizations and individuals related thereto are responsible for implementing this Circular.
🌐 Social impact of this document
- Strengthening the joint use management of infrastructure engineering works
- Ensuring the rights of parties involved in the contract when supplementing appropriate terms.
- It may cause difficulties for organizations and individuals unfamiliar with the application of the new model contract.
❓ Frequently asked questions
Is this Circular mandatory for using the model contract?
Yes, the provisions in the Model Contract must be mandatorily applied (Article 2).
When does this Circular take effect?
This Circular takes effect from May 18, 2013.
What additional terms can the parties to the contract supplement?
Based on specific conditions and guidance provided in the footnote, the parties may supplement other terms as appropriate (Article 2).
Who is responsible for implementing this Circular?
Heads of ministries at the ministerial level, agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and organizations and individuals related thereto.
What does this Circular regulate?
Regulations concerning the Model Contract for Joint Use of Infrastructure Engineering Works and the Model Operation and Management Contract for Jointly Used Infrastructure Engineering Works (Article 1).
Full text
CIRCULAR
ISSUING THE TEMPLATE OF THE COMMON USE CONTRACT FOR TECHNICAL INFRASTRUCTURE WORKS AND THE MANAGEMENT AND OPERATION CONTRACT FOR COMMONLY USED TECHNICAL INFRASTRUCTURE WORKScontract for managing and operating a shared technical infrastructure facility
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Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;
BASED ON THE GOVERNMENT DECREE NO. 72/2012/NĐ-CP OF SEPTEMBER 24, 2012 ON THE MANAGEMENT AND COMMON USE OF TECHNICAL INFRASTRUCTURE WORKS;
AT THE REQUEST OF THE DIRECTOR OF THE TECHNICAL INFRASTRUCTURE AGENCY,
THE MINISTER OF CONSTRUCTION ISSUES THIS CIRCULAR TO GUIDE THE TEMPLATE OF THE COMMON USE CONTRACT FOR TECHNICAL INFRASTRUCTURE WORKS AND THE TEMPLATE OF THE MANAGEMENT AND OPERATION CONTRACT FOR COMMONLY USED TECHNICAL INFRASTRUCTURE WORKS.
Article 1. ATTACHED TO THIS CIRCULAR ARE THE "TEMPLATE OF THE COMMON USE CONTRACT FOR TECHNICAL INFRASTRUCTURE WORKS AND THE TEMPLATE OF THE MANAGEMENT AND OPERATION CONTRACT FOR COMMONLY USED TECHNICAL INFRASTRUCTURE WORKS".
Article 2. THE PROVISIONS SET OUT IN THE "TEMPLATE OF THE CONTRACT" ATTACHED TO THIS CIRCULAR MUST BE APPLIED COMPULSORILY. BASED ON SPECIFIC CONDITIONS AND GUIDANCE PROVIDED IN THE FOOTNOTES, THE PARTIES MAY ADD OTHER PROVISIONS AND CONTENT AS NECESSARY WHEN ENTERING INTO THE CONTRACT.
Article 3. THIS CIRCULAR SHALL TAKE EFFECT FROM MAY 18, 2013
Article 4. THE MINISTER, HEADS OF GOVERNMENTAL BODIES EQUIVALENT TO MINISTRIES, GOVERNMENT AGENCIES, CHAIRMEN OF PROVINCE PEOPLE'S COMMITTEES, CITY PEOPLE'S COMMITTEES UNDER THE CENTRAL AUTHORITY, AND RELEVANT ORGANIZATIONS AND INDIVIDUALS ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR./.
DEPUTY MINISTER
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