Circular No. 09/2011/TT-BXD guides model construction contracts for construction projects using 30% or more state capital, including ODA funds. This circular applies to project sponsors and contractors in the signing and implementation of contracts with the aim of ensuring transparency and compliance with legal regulations.
适用范围
Organizations and individuals involved in the signing and implementation of construction contracts for construction projects using 30% or more state capital. Encouraged to apply to projects with less than 30% state capital.
要点
- Organizations and individuals signing construction contracts using 30% or more state capital must follow the contract model guided by this circular.
- The contract model consists of two parts: basis for signing and terms and conditions (25 Articles).
- The parties agree to apply the provisions on contract price and payment documents corresponding to the contract model.
- This circular takes effect from August 15, 2011, and does not apply to contracts signed before this date.
- Some specific provisions such as scope of work, warranty level, and payment deadlines are based on Decree No. 48/2010/NĐ-CP.
🌐 本文件的社会影响
- Positive impact: Helps ensure transparency and compliance with legal regulations in the signing of construction contracts.
- Negative impact: May impose additional management burdens on projects with less than 30% state capital.
❓ 常见问题
To which projects does this circular apply?
This circular applies to projects using 30% or more state capital, including ODA funds. Encouraged to apply to projects with less than 30% state capital.
How is the model construction contract guided?
The contract model consists of two parts: basis for signing and terms and conditions (25 Articles).
What regulations must the parties signing the contract comply with?
The parties agree to apply the provisions on contract price and payment documents corresponding to the contract model.
When does this circular take effect?
This circular takes effect from August 15, 2011.
Specific provisions such as scope of work and warranty level are based on what?
Specific provisions such as scope of work and warranty level are based on Decree No. 48/2010/NĐ-CP and related State regulations.
全文
CIRCULAR
Guidelines for Model Construction Contracts
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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;
Pursuant to Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on Contracts in Construction Activities;
The Ministry of Construction hereby issues guidelines for model construction contracts (hereinafter referred to as construction contracts) as follows:
Article 1. Scope of Regulation
Article 1. This Circular provides guidelines for model construction contracts of projects using 30% or more state capital, including: state budget capital, official development assistance (ODA) capital, state investment credit capital, state-guaranteed investment credit capital, and other state investment capital.
Article 2. For projects using ODA capital, if international treaties to which Vietnam is a party have provisions regarding construction contracts that differ from those stipulated in this Circular, such provisions shall be implemented according to the relevant international treaties.
Article 2. Applicability
Article 1. Organizations and individuals involved in signing and implementing construction contracts, inspection, supervision, auditing, and settlement of construction project investment funds using 30% or more state capital.
Article 2. It is encouraged for organizations and individuals involved in construction contracts of projects using less than 30% state capital to apply this Circular.
Article 3. Guidelines for Applying Model Construction Contracts
The model construction contract issued together with this Circular consists of two parts:
Part I: Bases for Contract Signing
Part II: Contract Provisions and Conditions (25 Articles)
2. Application Guidelines:
a) Depending on the type of contract, the parties agree to apply the corresponding provisions on contract prices and payment documents of the model contract. In one contract, multiple types of contract prices may be applied; this model contract applies to various types of construction contracts (including installation of equipment in construction projects according to design).
b) The model contract accompanying this Circular guides implementation between the investor and the contractor; in cases where the tenderer is a general contractor or main contractor, the parties shall apply this model contract accordingly.
c) Certain specific provisions such as content and volume of work, hiring consultants, advance payment amount, performance guarantee amount, warranty period, payment deadlines, payment amounts for each payment in the contract, suspension periods, contract termination timeframes, warranty periods for the works, and similar situations shall be agreed upon by the parties based on the provisions of Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on contracts in construction activities and related state regulations.
Article 4. Effective date
Article 1. This Circular takes effect from August 15, 2011. Contracts signed before this Circular becomes effective are not subject to the provisions of this Circular.
Article 2. During implementation, if there are any difficulties, organizations and individuals concerned are requested to promptly report them to the Ministry of Construction for study and resolution./.
DEPUTY MINISTER
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