Requirements for design documents or design drawings of the contractor in an EPC contract are stipulated how?
Requirements for the Design Work or Design Drawings of the Contractor in an EPC Contract
Pursuant to the provisions of Clause 5.3, Article 5, Section 3, Appendix 4 issued together with Circular 02/2023/TT-BXD on the requirements for the design work or design drawings of the Contractor as follows:
The design dossier of the Contractor must include:
- Drawings,- Technical documents and other necessary documents as specified in the bidding documents (or request documents) of the Investor and must meet the requirements of the Investor or be submitted by the Investor to the competent authority for approval according to legal provisions.
Unless otherwise stipulated, the design dossier of the Contractor must be written in the language specified in Clause 1, Article 3 of Circular 02/2023/TT-BXD.
If the requirements of the Investor or legal provisions necessitate that the Contractor's design dossier needs to be submitted to the Investor for review and approval, this design dossier will be presented along with the notification.
- Unless otherwise specified in the requirements of the Investor, the review and approval period shall not exceed the number of days from the date the Investor receives the valid design dossier from the Contractor.- During the review and approval period, the Investor may notify the Contractor of any content in the design dossier that is not compliant with the contract. If any document in the Contractor’s design dossier is not compliant with the contract, the Contractor must amend, supplement, and resubmit it for the Investor’s review and approval as per this clause and the Contractor shall bear all related costs.
All work requiring design approval from the Investor shall:
- Construction work only commence after the Contractor’s design dossier is approved by the Investor;- Construction work must comply with the design dossier approved by the Investor;- In case of design changes, construction work may only proceed after the revised design dossier is approved by the Investor.
Any such agreements or any other reviews and approvals (under this clause or another clause) shall not exempt the Contractor from responsibility and obligations for the work.
Requirements for the Design Work or Design Drawings of the Contractor in an EPC Contract
Standards and Specifications Applied in Design Within an EPC Contract
Pursuant to the provisions of Clause 5.2, Article 5, Section 3, Appendix 4 issued together with Circular 02/2023/TT-BXD on the standards and specifications applied in design as follows:
The contractor's technical design and construction drawing design work must comply with the project standards, technical guidelines (if any project standards and technical guidelines are available), and the legal system of the Socialist Republic of Vietnam.
Requirements for the Design Work or Design Drawings of the Contractor in an EPC Contract
Pursuant to the provisions of Clause 5.3, Article 5, Section 3, Appendix 4 issued together with Circular 02/2023/TT-BXD on the requirements for the design work or design drawings of the Contractor as follows:
The design dossier of the Contractor must include:
- Drawings,- Technical documents and other necessary documents as specified in the bidding documents (or request documents) of the Investor and must meet the requirements of the Investor or be submitted by the Investor to the competent authority for approval according to legal provisions.
Unless otherwise stipulated, the design dossier of the Contractor must be written in the language specified in Clause 1, Article 3 of Circular 02/2023/TT-BXD.
If the requirements of the Investor or legal provisions necessitate that the Contractor's design dossier needs to be submitted to the Investor for review and approval, this design dossier will be presented along with the notification.
- Unless otherwise specified in the requirements of the Investor, the review and approval period shall not exceed the number of days from the date the Investor receives the valid design dossier from the Contractor.- During the review and approval period, the Investor may notify the Contractor of any content in the design dossier that is not compliant with the contract. If any document in the Contractor’s design dossier is not compliant with the contract, the Contractor must amend, supplement, and resubmit it for the Investor’s review and approval as per this clause and the Contractor shall bear all related costs.
All work requiring design approval from the Investor shall:
- Construction work only commence after the Contractor’s design dossier is approved by the Investor;- Construction work must comply with the design dossier approved by the Investor;- In case of design changes, construction work may only proceed after the revised design dossier is approved by the Investor.
Any such agreements or any other reviews and approvals (under this clause or another clause) shall not exempt the Contractor from responsibility and obligations for the work.
Contractor's Responsibility for Design Errors in an EPC Contract
Based on sub-clause 5.4, Article 5, Section 3, Appendix 4 issued together with Circular 02/2023/TT-BXD, the responsibilities of the Contractor regarding design errors are as follows:
If the Investor detects that the Contractor's design dossier contains errors, omissions, inconsistencies, or non-compliances with the contract, the Contractor shall bear all costs for the additional design or correction of these errors, as well as the repair of defects in the works or parts of the works that the Contractor has executed, even if the Investor has approved or accepted the design dossier.
General Requirements for Construction Design Work in an EPC Contract
Pursuant to the provisions of Clause 5.1, Article 5, Section 3, Appendix 4 issued together with Circular 02/2023/TT-BXD on the general requirements for construction design work in an EPC contract as follows:
- The Contractor is responsible for the technical design, construction drawing design (or detailed design based on FEED design) and the accuracy of these tasks.- During the technical design process, if the Contractor detects any errors or discrepancies between the Investor's requirements, the Contractor shall immediately notify the Investor before proceeding with the technical design, construction drawing design and request clarification from the Investor if necessary.- At any time, if the Investor detects errors in the design dossier created by the Contractor, the Investor shall request the Contractor to correct these errors to comply with the Investor's requirements.- However, the Investor shall be responsible for the accuracy of the following contents provided by the Investor or the Investor's representative to the Contractor:
+ Documents, data, and information stated in the contract are considered unchanged or are the responsibility of the Investor;+ The intended purpose or use of any part of the works as provided by the Investor;+ The Contractor must ensure that the detailed designs and documents follow:
++ The legal provisions of the Socialist Republic of Vietnam.++ The contract documents, including necessary amendments and supplements as required by the Investor.
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