Decree No. 207/2013/ND-CP amends and supplements certain provisions of Decree No. 48/2010/NĐ-CP on contracts in construction activities. It stipulates principles for concluding contracts, contract prices, guarantees for contract performance, and advance payments under contracts.
适用范围
The tenderer, contractor in construction activities
要点
- The tenderer may only conclude a contract when there is a capital plan to pay the contractor according to the progress (Article 4, Clause 8)
- A lump-sum contract price applies to packages where the quantity, quality, and unit price have been clearly defined (Article 15, Clause 6a)
- A fixed unit price contract applies to packages where the quality, schedule, and unit price have been clearly defined but the exact volume of work cannot be accurately determined (Article 15, Clause 6b)
- Advance payment guarantee must be submitted before the tenderer makes an advance payment to the contractor (Article 16, Clause 7a)
- The unit price shall not be adjusted for quantities of work in the contract corresponding to the advance payment amount (Article 17, Point d)
🌐 本文件的社会影响
- Positive impact: Reduces financial risk for the tenderer and increases transparency in determining contract prices
- Negative impact: May increase initial costs for construction projects due to clear requirements for capital plans
❓ 常见问题
Can the tenderer conclude a contract without a capital plan?
No, the tenderer may only conclude a contract when there is a capital plan to pay the contractor according to the progress (Article 4, Clause 8)
When is a lump-sum contract price applied?
Applied to packages where the quantity, quality, and unit price have been clearly defined but the exact volume of work cannot be accurately determined (Article 15, Clause 6a)
What are the requirements for an advance payment guarantee?
Before the tenderer makes an advance payment to the contractor, the contractor must submit a guarantee with a value equivalent to the advance payment amount (Article 16, Clause 7a)
Can the unit price in a contract with adjustable unit prices be adjusted?
No, for contracts with adjustable unit prices, the unit price shall not be adjusted for quantities of work corresponding to the advance payment amount (Article 17, Point d)
Must construction contracts concluded before this Decree takes effect comply with the new regulations?
No, construction contracts concluded and being implemented before the effective date of this Decree do not need to comply with the provisions of this Decree (Article 2)
全文
DECREE
Amending and supplementing certain articles of Decree No. 48/2010/NĐ-CP dated May 7, 2010
of the Government on contracts in construction activities
_______________
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Civil Code dated June 14, 2005;
Pursuant to the Construction Law dated November 26, 2003;
Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Construction Projects dated June 19, 2009;
Pursuant to the Law amending and supplementing certain articles of laws related to basic construction investment dated June 19, 2009;
At the proposal of the Minister of Construction;
The Government promulgates this Decree amending and supplementing certain articles of Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on contracts in construction activities,
Article 1. Amending and supplementing certain articles of Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on contracts in construction activities as follows:
1. Supplement Clause 8 to Article 4 as follows:
"Article 4. Principles for signing construction contracts
8. Construction contracts shall only be signed when the tenderer has a capital plan to pay the contractor according to the payment schedule of the contract, except for emergency construction projects."
2. Amend and supplement Clause 6 to Article 15 as follows:
"Article 15. Contract prices for construction and conditions for application
6. Conditions for applying types of contract prices are stipulated as follows:
a) For lump-sum contracts: The bid price, contract price must include all relevant risk factors such as price escalation during the implementation period of the contract, and each party must bear responsibility for risks related to the contract price. The lump-sum contract price shall only apply to bids at the time of selecting contractors and negotiating the contract which have sufficient conditions to clearly define volume, quality, progress, and unit price for performing works, or in some cases where the volume and unit price cannot be clearly defined (such as EC, EP, EPC contracts and turnkey contracts), but the contractor has the capability and experience to calculate and determine the lump-sum contract price.
b) For fixed unit-price contracts: The unit price for works under the contract must include all relevant risk factors such as price escalation during the implementation period of the contract, and each party must bear responsibility for risks related to the unit price for performing work. The fixed unit-price contract price shall only apply to bids at the time of selecting contractors and negotiating the contract which have sufficient conditions to clearly define quality, progress, and unit price for performing works, but the volume of work cannot be accurately determined.
c) For adjustable unit-price contracts: Only applies to bids at the time of selecting contractors and negotiating the contract which do not have sufficient conditions to clearly define volume and price escalation factors in the unit price for performing works under the contract.
d) The contract price based on time and percentage applies to contracts with investment construction consulting services (excluding construction survey services) and insurance activities in construction."
3. Amend and supplement Clause 7, Article 16 as follows:
"Article 16. Guarantee for contract performance and advance payment guarantee
7. Advance payment guarantee
a) Before the tenderer makes an advance payment to the contractor, the contractor must submit to the tenderer an advance payment guarantee equivalent to the amount of the advance payment; in case the contractor is a consortium of contractors, each member of the consortium must submit to the tenderer an advance payment guarantee equivalent to the advance payment amount for each member, except in cases where members of the consortium agree that the lead contractor of the consortium submits the advance payment guarantee to the tenderer.
b) The validity period of the advance payment guarantee must be extended until the tenderer has recovered the full amount of the advance payment. The value of the advance payment guarantee will be deducted correspondingly with the amount of the advance payment recovered through each payment between the tenderer and the contractor."
4. Supplement Point d to Clause 4, Article 17 as follows:
"Article 17. Advance payment for construction contracts
d) For adjustable unit-price contracts: Unit prices for the quantities of work in the contract corresponding to the advance payment shall not be adjusted."
Article 2. Effective Date
1. This Decree takes effect from February 1, 2014. Contracts for construction signed and being implemented before the date this Decree takes effect shall not be subject to the provisions of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.
PRIME MINISTER
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