This Circular details the management and implementation of EPC contracts (Engineering, Procurement and Construction) in the construction sector. The main contents include the scope of work of the contractor, responsibilities of the parties involved, progress management, quality control, labor safety, environmental protection, payment procedures, and dispute resolution. It also guides the application of the model EPC contract published along with it and regulations on transitional handling for contracts signed before this Circular takes effect.
적용 범위
This Circular applies to project sponsors, contractors, and related parties in the implementation of EPC contracts in the construction sector.
핵심 사항
- Detailed regulations on the management and implementation of EPC contracts.
- Guidance on applying the model EPC contract published along with it.
- Regulations on transitional handling for contracts signed before this Circular takes effect.
- The main standards for learning and managing EPC contracts in the construction industry are: the scope of work of the contractor, responsibilities of the parties involved, progress management, quality control, labor safety, environmental protection, payment procedures, and dispute resolution.
- This Circular takes effect from February 20, 2017.
🌐 이 문서의 사회적 영향
- To ensure the quality, progress, and effectiveness of construction investment projects.
- Support the parties involved in implementing EPC contracts transparently and fairly.
- Provide a legal basis for resolving disputes if they arise.
❓ 자주 묻는 질문
Who does this Circular apply to?
This Circular applies to project sponsors, contractors, and related parties in the implementation of EPC contracts in the construction sector.
What are the main contents of this Circular?
The main contents include detailed regulations on the management and implementation of EPC contracts, guidance on applying the model EPC contract published along with it, and regulations on transitional handling for contracts signed before this Circular takes effect.
When does this Circular take effect?
This Circular takes effect from February 20, 2017.
전문
CIRCULAR
Guidelines for Design-Supply-Construction Contracts (EPC)
_______________________________
Pursuant to the Construction Law No. 50/2014/QH13 dated June 18, 2014;
Pursuant to Decree No. 37/2015/NĐ-CP dated April 22, 2015 of the Government detailing construction contracts;
Pursuant to the Government Decree No. 46/2015/NĐ-CP dated May 12, 2015 on quality management and maintenance of construction works;
Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment construction;
Pursuant to Decree No. 62/2013/NĐ-CP dated July 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;
At the proposal of the Director of the Department of Construction Economics,
The Minister of Construction issues this Circular guiding Design-Supply-Construction Contracts (EPC).
Article 1.Scope of application
- This Circular guides Design-Supply-Construction Contracts (EPC) for construction projects under the provisions of Clause 2, Article 1 of Decree No. 37/2015/NĐ-CP dated April 22, 2015 of the Government detailing construction contracts (hereinafter referred to as Decree No. 37/2015/NĐ-CP), including: principles for applying EPC contracts; preparation and signing of EPC contracts; management of EPC contract implementation; rights and obligations of subjects participating in EPC contracts; general contractor for EPC; guidance on applying model EPC contracts.
- In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those set forth in this Circular, the provisions of such international treaties shall apply.
Article 2.Applicability
- Organizations and individuals involved in establishing and managing the implementation of EPC contracts within the scope regulated by Article 1 of this Circular.
- It is encouraged that organizations and individuals involved in establishing and managing the implementation of EPC contracts outside the scope regulated by Article 1 of this Circular apply the provisions of this Circular.
Article 3.Principles for Applying EPC Contracts
- Based on the characteristics, nature, and scale of each project, EPC tender package, and relevant laws, the competent authority for investment decision-making decides to apply the EPC contract form for construction projects and packages and bears legal responsibility for the effectiveness of the construction investment project.
- EPC contracts are only applicable to projects and construction tender packages requiring shortened implementation time; projects and construction tender packages with high technical and technological requirements and must ensure system integration from design, equipment supply, construction work to operation training and technology transfer.
- The contractor implementing the EPC contract must have sufficient conditions regarding experience, financial capacity, professional qualifications, and operational capacity for the entire scope of work required under the EPC contract, including capacity in design, equipment supply, operation training, technology transfer, and construction work according to the laws on construction investment and tender documents. The EPC contractor may not subcontract more than 60% of the workload within the scope of the EPC contract.
- Management of EPC contract costs must not exceed the contract price agreed upon in the EPC contract in accordance with the agreements in the EPC contract.
- The design documents of projects and tender packages applying EPC contracts must meet the requirements stipulated in Clause 1, Article 54 of the Construction Law No. 50/2014/QH13.
- Signing and management of EPC contracts must comply with the laws on construction contracts.
Article 4.Preparation and Signing of EPC Contracts
- During the preparation, signing, and implementation of the contract, it is encouraged that the contractor propose innovative ideas, measures, or apply their own experience to complete the works under the EPC contract, ensuring safety, quality, schedule, objectives, requirements, and enhancing the efficiency of the project and tender package.
- Prior to signing the EPC contract, the parties must agree on the following main contents:
- Scope of work expected to be performed under the EPC contract;
- Location of construction, route direction of the project, type, grade of the project; scale, capacity, and selected product scheme, operating capacity;
- Information about documents and data on natural conditions, geological conditions, hydrogeological, and hydrological conditions of the area where the project is located;
- Requirements for construction design and some initial design parameters;
d) Technical, engineering, equipment, and commercial schemes; origin of equipment, products;
- Infrastructure connection solutions inside and outside the project scope; fire prevention and explosion protection solutions within the EPC tender package scope;
- Construction solutions and major materials used;
i) Architectural solutions, layout, cross-sections, elevation of the works, key dimensions, and structural components of the construction works within the EPC package scope;
k) List and extent of application of technical standards used in design, supply of equipment, and construction of the works;
1) Technical guidelines for materials, equipment, technical services; operation procedures for individual and overall parts of the works within the EPC package scope;
l) Technical instructions for materials, equipment, and technical services;
m) Requirements for the capacity and experience of the contractor for the tender package, including: capacity in design, equipment supply, and construction work;
n) Environmental protection requirements, safety assurance, fire prevention and explosion protection, and other issues.
o) Requirements related to approval procedures; quantity of types of documents and materials and deadlines for submission to the employer;
Implementation schedule plan and completion milestones for key works and main sections of the project and the entire project for commissioning and use;
q) Allocation of responsibilities between the employer and the contractor for the provision of electricity, water, communication, internal transportation, and other available services on the site and handling interfaces between tender packages within the same construction project;
- Preparation of EPC Contracts
The general terms and specific conditions of the EPC contract must be prepared in accordance with the contents guided in Article 18 of this Circular.
- Signing of EPC Contracts
a) The EPC contract can only be signed when it meets the principles for signing construction contracts stipulated in Article 4 of Decree No. 37/2015/NĐ-CP.
b) Requirements for the EPC Contractor
The contractor undertaking the EPC contract must have sufficient capacity for business operations and professional qualifications as prescribed by laws on investment and construction, specifically:
- Having a business registration consistent with the content of the tender package. In the case of a joint venture contractor, there must be a joint venture agreement, including a representative contractor that plays the role of the lead contractor, bears overall responsibility, and commits to performing tasks according to the division of responsibilities among contractors, each contractor in the joint venture must have a business registration consistent with the assigned work.
- Possessing the necessary conditions, experience to perform the work under the EPC contract such as having design experience; having the ability and experience as a construction contractor for projects and tender packages with equivalent technical requirements and scale; within the organizational structure of the contractor, there must be units responsible for consulting design, manufacturing, supplying materials and equipment, and construction.
- Having the financial capability to meet project and tender package requirements and demonstrating the ability to mobilize resources to implement the EPC contract.
c) The negotiation and signing of the EPC contract shall be based on the requirements in the tender documents, bid documents, the approved contractor selection results, or the tender designation document of the competent authority.
d) The time for negotiating and signing the contract must be consistent with the overall schedule and ensure the effectiveness of the project implementation;
Article 5.Management of the execution of the EPC contract
The management of the execution of the EPC contract shall be carried out in accordance with Article 7 of Decree No. 37/2015/NĐ-CP and the following provisions:
- Managing the scope of work implementation according to the objectives of the tender package and the list of works in the signed contract; checking the accuracy, completeness, and suitability of survey, design, and technical documents applied to the works of the EPC contract.
- Managing the progress of work implementation in accordance with the overall project schedule and the signed EPC contract.
- Inspecting and managing the quality and quantity of works required to be performed under the EPC contract.
- Managing costs for implementing works under the EPC contract; controlling, settling, and adjusting the price of the EPC contract.
- Managing safety, fire prevention, and environmental sanitation;
- Managing adjustments to the EPC contract and other necessary contents of the EPC contract.
Article 6.Managing construction survey and design work within the scope of the EPC contract
- Construction survey work within the scope of the EPC contract must comply with the provisions at Section 1 Chapter IV of Law on Construction No. 50/2014/QH13; Chapter II of Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works (hereinafter referred to as Decree No. 46/2015/NĐ-CP); Circular of the Minister of Construction detailing certain contents on quality management of construction works and maintenance of construction works; relevant laws.
- Management of construction design work
- Construction design work within the scope of the EPC contract must comply with the provisions on design stipulated in Law on Construction No. 50/2014/QH13; Chapter III of Decree No. 46/2015/NĐ-CP; Section 1 Chapter III of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on management of construction investment projects (hereinafter referred to as Decree No. 59/2015/NĐ-CP); Circular of the Minister of Construction detailing certain contents on quality management of construction works and maintenance of construction works; relevant laws.
- Management of review, verification, approval, and adjustment of construction design:
- Design prepared by the contractor must be reviewed, verified, and approved in accordance with Article 24, 25 of Decree No. 59/2015/NĐ-CP and point e clause 2 Article 32 of Decree No. 37/2015/NĐ-CP.
- The contractor may prepare design for parts or sections of the works suitable for technical stages to submit to the specialized construction agency, the Investment Decision Maker, and the Project Owner for review, verification, and approval in accordance with regulations.
- The content of construction design review shall be implemented in accordance with the provisions of Article 83 of Law on Construction No. 50/2014/QH13 except for the content stipulated in clause 7 Article 83 of Law on Construction No. 50/2014/QH13; Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Minister of Construction detailing and guiding certain contents on approval of project and design, budget estimate of construction works (shortened as Circular No. 18/2016/TT-BXD); relevant laws.
- Review, verification, and approval of construction design can be conducted for parts or sections of the works or the entire works or project.
Article 7.Management of procurement of materials and technological equipment within the scope of the EPC contract
- Before proceeding with the procurement of materials and technological equipment for the EPC contract, the contractor must prepare requirements to submit to the tenderer for approval before proceeding with procurement if the parties agree in the contract. The approval of the tenderer does not reduce the responsibility of the contractor for the procurement of materials and equipment for the EPC contract.
- The contractor may directly procure or subcontract for the procurement of materials and equipment for the EPC contract. In the case of subcontracting for procurement of materials and equipment, the contractor must agree and reach consensus with the tenderer on the requirements for the subcontractor providing materials and equipment before selecting the subcontractor but without changing the technical specifications, origin, and technology in the signed EPC contract.
Article 8.Management of construction work implementation within the scope of the EPC contract
- The contractor may only commence construction work on the project when it meets the conditions stipulated in Decree No. 46/2015/NĐ-CP; Decree No. 59/2015/NĐ-CP; Circular No. 18/2016/TT-BXD; the Circular of the Minister of Construction detailing certain aspects of construction quality management and maintenance of construction works; and relevant laws, such as: the design portion of the construction project to be commenced has been reviewed, examined, and approved according to regulations; there is a construction permit for the portion of the construction project to be commenced, except in cases where a construction permit is exempted according to the provisions of the law.
- Management of the construction work under the contract must comply with the provisions set out in Chapter IV of Decree No. 46/2015/NĐ-CP; the Circular of the Minister of Construction detailing certain aspects of construction quality management and maintenance of construction works.
- Management of subcontractor selection: The selection of subcontractors must meet the requirements specified in Article 47 of Decree No. 37/2015/NĐ-CP.
- For matters concerning the management of construction work that are not covered in this Circular, subjects shall base their actions on the provisions of Decree No. 37/2015/NĐ-CP and Circular No. 09/2016/TT-BXD dated March 10, 2016, issued by the Minister of Construction, guiding construction contracts, to implement accordingly.
Article 9.Management of the progress of execution of EPC contracts falls within the scope of the EPC contract.
When signing an EPC contract, the parties must agree on the progress of execution of the contract in accordance with the provisions of Article 14 of Decree No. 37/2015/NĐ-CP, including milestones for completing major tasks such as: completion of design stages, provision of technological equipment, construction of key components, ensuring consistency with the progress outlined in the bidding documents, proposal documents, and the project implementation schedule.
Article 10.Quality management of the works under the EPC contract falls within the scope of the EPC contract.
- Works, items, and projects handed over must meet quality standards as prescribed in construction quality management regulations and Article 13 of Decree No. 37/2015/NĐ-CP. The contractor must have measures to manage the quality of its own work and the work performed by subcontractors.
- All works and items within the scope of the EPC contract must meet the conditions stipulated in Clause 4, Article 31 of Decree No. 46/2015/NĐ-CP dated May 12, 2015, of the Government on construction quality management and maintenance, and the Circular of the Minister of Construction detailing certain aspects of construction quality management and maintenance.
Article 11.Safety, environmental protection, and fire prevention management fall within the scope of the EPC contract. within the scope of the EPC contract
When performing works under the EPC contract, in addition to the provisions of Article 48 of Decree No. 37/2015/NĐ-CP, the parties must also comply with the following regulations:
- The tenderer must inspect and supervise the contractor's implementation of safety measures for workers, environmental protection around the site, and fire prevention according to the agreement in the signed EPC contract and relevant laws.
- Labor safety management:
a) Adhere to current national regulations on labor safety;
b) The contractor is responsible for training, instructing, and disseminating labor safety regulations to its workers; the contractor is responsible for providing adequate personal protective equipment, safety gear for workers, and necessary rescue equipment;
c) The contractor must regularly inspect, conduct testing, and repair, control protective equipment, scaffolding, working platforms, lifting devices, and lighting and safety equipment, and establish replacement criteria for these items;
d) Ensure fencing, lighting, protection, and supervision of the project until completion and handover.
- Environmental management:
a) The contractor must implement measures to ensure the environment for workers at the site and protect the surrounding environment;
b) Both parties are responsible for supervising the implementation of environmental protection during construction and are subject to supervision by state management agencies regarding the environment. If the contractor does not comply with environmental protection regulations, the tenderer and authorized state agencies have the right to suspend construction and require the contractor to properly implement environmental protection measures;
c) Individuals and organizations causing damage to the environment during construction must bear legal responsibility and compensate for losses caused by their fault.
- Fire prevention management:
a) Parties involved in the EPC contract must comply with national regulations on fire prevention;
b) Install and maintain a fire prevention system capable of monitoring, warning, or predicting reasonably to prevent human and property losses due to fires.
Article 12.Management of adjustment of EPC contracts and other necessary contents within the scope of the EPC contract.
- Adjustment of EPC contracts must comply with the provisions set out in Section 5, Chapter II of Decree No. 37/2015/NĐ-CP.
- In addition, depending on the characteristics and nature of each EPC contract, the parties involved in the contract must base their management and implementation of the EPC contract on investment construction laws to suitably comply.
Article 13.Management of contract prices, payment, and settlement of EPC contracts.
- The lump-sum contract price form is the basic form applied to EPC contracts. In cases where other forms of contract prices are applied as stipulated in Article 15 of Decree No. 37/2015/NĐ-CP, the authorized investment decision-maker must choose the appropriate form of contract price based on the characteristics, nature, and scale of each project, EPC package, but must meet the conditions for applying various types of contract prices as stipulated in Clause 5, Article 15 of Decree No. 37/2015/NĐ-CP and bear responsibility for the effectiveness of the project before the law.
- When applying a turnkey contract, there must be a price list for works, work items, and project items accompanying the EPC contract to facilitate the management and adjustment of the EPC contract during implementation.
- Payment of the EPC contract shall be carried out in accordance with Article 19 of Decree No. 37/2015/NĐ-CP.
- Final settlement of the EPC contract shall be carried out in accordance with Article 22 of Decree No. 37/2015/NĐ-CP.
- Price adjustment of the EPC contract shall be carried out in accordance with Circular No. 07/2016/TT-BXD dated March 10, 2016, issued by the Minister of Construction guiding the adjustment of construction contract prices.
Article 14.Rights and obligations of the tendering party in managing and implementing the EPC contract
- Rights of the tendering party
a) Refuse acceptance of products that do not meet quality requirements under the contract; refuse acceptance of technological equipment that does not conform to the quantity, quality, type, origin, and intellectual property rights as agreed upon in the contract and other products that violate intellectual property rights;
b) Inspect the performance of tasks by the contractor according to the contents of the signed contract but shall not hinder the normal activities of the contractor;
c) Temporarily suspend the execution of work under the contract and require rectification of consequences when discovering that the contractor performs work violating the contents agreed upon in the contract or national regulations;
d) Require the contractor to hand over relevant documents and materials related to the contract's products according to the contents of the signed contract;
đ) Examine and approve lists of subcontractors meeting the required qualifications not included in the EPC contract at the contractor's request;
e) Other rights as prescribed by law.
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Obligations of the tendering party
a) Acceptance, payment, and final settlement of the contract within the stipulated time frame;
b) Appoint and notify in writing the main personnel participating in the management and implementation of the contract to the contractor;
c) Provide the contractor with information, documents, and necessary means to perform work as agreed upon in the signed EPC contract;
d) Acceptance, review, approval, or submission to competent authorities for review and approval of design documents including design descriptions, calculations, drawings, related survey documents, maintenance procedures for projects and project components in accordance with regulations;
đ) Apply for construction permits as prescribed, deliver the site to the contractor according to the agreement in the signed EPC contract;
e) Supervise the execution of work according to the contents of the signed contract; inspect safety measures, environmental protection, fire prevention measures as prescribed;
g) Agree with the contractor on tender documents for purchasing technological equipment according to the agreement in the signed EPC contract;
h) Ensure copyright for advisory products under the contract;
i) Organize training for managers and workers to operate and use the project;
k) Other obligations as prescribed by law.
Article 15.Rights and obligations of the contractor in managing and implementing the EPC contract
- Rights of the contractor
a) Request the tendering party to provide information, documents, and working tools related to the work as agreed upon in the signed EPC contract;
b) Propose to the tendering party about additional work outside the scope of the contract; refuse to perform work outside the scope of the signed contract without mutual agreement or requests contrary to the law from the tendering party;
c) Organize and manage the execution of work according to the contents of the signed contract;
d) Other rights as prescribed by law.
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Obligations of the contractor
a) Provide sufficient manpower, materials, machinery, equipment, and other necessary means to perform work as agreed upon in the contract;
b) Receive, manage, store, and return documents and tools provided by the tendering party according to the agreement in the signed EPC contract;
c) Notify the tendering party about incomplete information, inadequate working tools affecting the execution of work as agreed upon in the EPC contract;
d) Maintain confidentiality of information related to the contract as agreed upon in the contract or as prescribed by law;
đ) Perform work as agreed upon in the contract ensuring safety, quality, schedule, and other agreements in the signed EPC contract;
e) Prepare construction designs for project components and main projects consistent with approved basic designs or FEED designs in accordance with Clause 2 of Article 6 of this Circular and construction laws;
g) Organize procurement, manufacturing, and provision of technological equipment meeting the requirements and schedule of the contract; select subcontractors for approval by the tendering party according to the signed EPC contract; agree and unify with the tendering party on the content of tender documents for purchasing technological equipment according to the signed EPC contract;
h) Organize training for managers and workers to operate and use the project, transfer technology and accompanying technical services according to the signed EPC contract;
i) Carry out testing, calibration, trial operation, and synchronized commissioning of the project and hand over the completed project to the tendering party according to the agreement in the contract and current laws;
k) Ensure that products provided by them do not infringe on intellectual property rights as prescribed by law;
l) Hand over relevant documents and materials related to the contract's products to the tendering party according to the contents of the signed EPC contract;
m) Other obligations as prescribed by law.
Article 16.Rights and obligations of the tendering party's consultant in managing and implementing the EPC contract (applicable in cases where the tendering party hires a consultant)
- Rights of the tendering party's EPC consultant
a) Request the tendering party to provide information, documents related to consulting tasks, and working tools according to the agreement in the consulting contract consistent with the EPC contract;
b) Propose changes to consulting service conditions for the benefit of the tendering party or when discovering factors affecting the quality of consulting products;
c) Refuse to perform unreasonable work outside the contract and requests contrary to the law from the tendering party;
d) Be guaranteed author's rights in accordance with the provisions of the law for advisory products that have author's rights;
đ) Within their authority and responsibility, have the right to require the contractor to fulfill all obligations under the signed EPC contract;
e) Other rights as prescribed by law.
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Obligations of the advisor of the EPC principal
a) Complete the work on schedule and quality as agreed in the contract;
b) Safeguard and return to the principal all documents and working tools provided by the principal according to the contract after completing the work in accordance with the signed EPC contract;
c) Immediately notify the principal in writing about incomplete information, insufficient documents, and working tools not ensuring quality to complete the work;
d) Maintain confidentiality of information related to advisory services as stipulated in the contract or by law;
đ) Sign confirmation for the contractor all documents and papers related to the management implementation of the EPC contract within the advisor's obligations under the signed advisory contract with the principal;
e) Other obligations as prescribed by law.
Article 17.Management of the EPC General Contract
- The EPC general contract is a design-provide equipment and construction contract for all works of an investment project;
- The content of managing the implementation of the EPC general contract is regulated from Article 5 to Article 12 of this Circular with the entire scope of the project;
- Rights and obligations of the EPC general contractor: as prescribed in Article 15 of this Circular with the entire scope of the project and the following obligations:
a) Manage the scope of implementing works according to the project's objectives and the list of works in the signed contract; check the correctness, completeness, and suitability of survey, design, and technical documents applied;
b) Control the progress of implementing works in line with the overall project schedule and the signed EPC general contract;
c) Control all construction means and measures within the entire project site;
d) Supplement or replace subcontractors to ensure quality, cost, and progress of contract works after obtaining the investor's approval;
đ) Manage costs for implementing works according to the contract; control, settle, and adjust contract prices according to the agreement in the contract and relevant laws;
e) The EPC general contractor is responsible for organizing and directing all activities both inside and outside the site to ensure safe and effective implementation of the EPC general contract; coordinate subcontractors regarding the reasonable use of auxiliary facilities and construction works to avoid waste; use, protect the site, and maintain site security;
g) Proactively cooperate with the investor in organizing training for managers and workers to operate the works according to the signed contract;
- The EPC general contractor fee is included in the EPC general contract price;
Article 18.Guidance on applying the published EPC contract model
- The published EPC contract model attached to this Circular includes two parts:
Part I. Bases for signing the contract
Part II. Contract terms and conditions
- Guidance on application:
- The published EPC contract model attached to this Circular is a contract model between the investor and the contractor; in cases where the principal is the contractor, the parties apply this contract model appropriately;
- The published EPC contract model attached to this Circular serves as a reference for subjects to apply appropriately to the actual conditions of the project, works, and EPC package. When applying the contract model attached to this Circular, the parties base on the provisions of Decree No. 37/2015/ND-CP, guidance in this Circular, and other relevant state regulations to agree upon in the contract;
- The parties must agree in the contract specific timeframes regarding payment deadlines, contract performance guarantee period, response time for documents, contract termination time, and similar cases;
- If the scope and requirements of the specific tender package differ from those in the contract model attached to this Circular, the parties agree to amend and supplement, but must comply with the provisions of Decree No. 37/2015/ND-CP;
đ) In case the parties agree on a different scope of product acceptance from the contract model attached to this Circular, the parties agree to amend and supplement, but must comply with the provisions of Decree No. 37/2015/ND-CP;
- In case the contractor is a consortium, the parties agree in the contract on the performance guarantee and advance payment bond in accordance with Decree No. 37/2015/ND-CP;
g) The parties agree on an appropriate advance payment amount based on the requirements of each type of work in the contract and the provisions of Decree No. 37/2015/ND-CP;
h) The parties agree on the currency type and payment method in the contract but not contrary to the requirements in the tender invitation and foreign exchange laws;
i) This contract model applies to lump-sum contracts. In case fixed unit price, adjustable unit price, or combined price types are applied, the parties base on the provisions of Decree No. 37/2015/ND-CP and this Circular to modify and supplement the contract appropriately;
Article 19.Transitional arrangements and effectiveness
- Transitional provisions
- EPC contracts signed before this Circular takes effect shall be implemented according to the construction contract regulations before this Circular takes effect and the agreements in the signed EPC contract;
- EPC contracts currently under negotiation, not yet signed, if any content does not comply with this Circular, report to the competent authority for investment decision-making for consideration and decision based on the principle of ensuring project quality, progress, and efficiency and not harming the legitimate rights and interests of the parties.
- The contents regarding the EPC contract in tender documents and request for proposal documents that have been approved but not yet issued must be adjusted if they are inconsistent with the provisions of this Circular; in cases where tender documents and request for proposal documents have already been issued, any changes to the contract contents to comply with the provisions of this Circular must be notified to all bidders who have purchased the tender documents and request for proposal documents so that they can adjust their tender documents and proposal documents accordingly; in cases where bidding has closed, the provisions at point b of this Clause shall apply.
- Other contents regarding the EPC contract not specified in this Circular shall be implemented in accordance with the detailed regulations on construction contracts stipulated in Decree No. 37/2015/NĐ-CP dated April 22, 2015 of the Government, the Circular No. 07/2016/TT-BXD dated March 10, 2016 of the Minister of Construction guiding the adjustment of construction contract prices, the Circular No. 08/2016/TT-BXD dated March 10, 2016 of the Minister of Construction guiding certain contents of construction consultancy contracts, and the Circular No. 09/2016/TT-BXD dated March 10, 2016 of the Minister of Construction guiding construction works contracts.
- This Circular takes effect from February 20, 2017.
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