07:46 | 23/07/2024

Contract for Design, Procurement of Materials, Equipment, and Construction of Works: What Contents Should be Included?

<strong>Contract for Design and Procurement of Materials, Construction Equipment: Required Contents</strong>- Question by Mr. Xuan Truong (Nam Dinh)

What contents must a contract for design, procurement of materials, equipment, and construction of works include?

Pursuant to Appendix 4 issued together with Circular 02/2023/TT-BXD, the contents required in a Design - Procurement of materials and equipment - Construction works contract include:

LIST OF ABBREVIATIONS

PART 1. TRANSACTION INFORMATION OF THE INVESTOR AND THE CONTRACTOR

PART 2. BASIS FOR SIGNING THE CONTRACT

PART 3 - GENERAL CONDITIONS OF THE CONTRACT

Article 1. Interpretation of terms

Article 2. Contract documents and order of precedence

Article 3. General provisions

Article 4. Scope of work

Article 5. Requirements for construction design work

Article 6. Requirements for procurement and installation of equipment

Article 7. Requirements for construction work

Article 8. Testing, adjustment, and trial operation upon completion

Article 9. Acceptance by the Investor

Article 10. Contract performance time and schedule

Article 11. Contract performance guarantee and advance payment guarantee

Article 12. Contract price, advance payment, and payment

Article 13. General rights and obligations of the Investor

Article 14. Duties and powers of the Consultant

Article 15. General rights and obligations of the Contractor

Article 16. Price adjustment and contract modification

Article 17. Subcontractors

Article 18. Suspension and termination of the contract by the Investor

Article 19. Suspension and termination of the contract by the Contractor

Article 20. Insurance and warranty for the works

Article 21. Responsibilities for errors

Article 22. Bonuses, penalties for contract breaches, and liability for damages

Article 23. Risks and force majeure

Article 24. Claims and dispute resolutions

Article 25. Settlement and liquidation of the contract

Article 26. Contract effectiveness

PART 4 - SPECIFIC CONDITIONS OF THE CONTRACT

Article 1. Interpretation of terms

Article 2. Contract documents and order of precedence

Article 3. General provisions

Article 5. Requirements for construction design work

Article 6. Requirements for procurement and installation of equipment

Article 7. Requirements for construction work

Article 8. Testing, adjustment, and trial operation upon completion

Article 9. Acceptance by the Investor

Article 10. Contract performance time and schedule

Article 11. Contract performance guarantee and advance payment guarantee

Article 12. Contract price, advance payment, and payment

Article 13. General rights and obligations of the Investor

Article 14. Duties and powers of the Consultant

Article 15. General rights and obligations of the Contractor

Article 16. Price adjustment and contract modification

Article 17. Subcontractors

Article 18. Suspension and termination of the contract by the Investor

Article 19. Suspension and termination of the contract by the Contractor

Article 20. Insurance and warranty for the works

Article 21. Responsibilities for errors

Article 22. Bonuses, penalties for contract breaches, and liability for damages

Article 23. Risks and force majeure

Article 24. Claims and dispute resolutions

Article 25. Settlement and liquidation of the contract

Article 26. Contract effectiveness

What contents must a contract for design, procurement of materials, equipment, and construction of works include?

What contents must a contract for design, procurement of materials, equipment, and construction of works include?

In what order are the documents attached to the EPC contract arranged?

Pursuant to the provisions of Article 2 Appendix 4 issued together with Circular 02/2023/TT-BXD, the order of documents attached to the EPC contract is as follows:

- Winning bid notice (or contractor selection decision or approval document);

- Specific conditions of the contract, General conditions, terms of reference;

- Approved investment project (or technical-economic report);

- Bidding documents (or request documents) of the Investor;

- Project standards, technical instructions, and design documents (FEED design or basic design);

- Bidding documents (or proposals) of the Contractor;

- Minutes of contract negotiation, modifications, supplements in writing;

- Appendices of the contract;

- Other related documents.

What is the form of the contract for design, procurement of materials, equipment, and construction of works stipulated?

Pursuant to the provisions in Appendix 4 issued together with Circular 02/2023/TT-BXD, the form of the contract for design, procurement of materials, equipment, and construction of works is as follows:

Download the sample contract for design, procurement of materials, equipment, and construction of works: here

Circular 02/2023/TT-BXD will come into effect from April 20, 2023.

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