Does the use of subcontractors in Vietnam change the main contractor's obligations and responsibilities?
Does the use of subcontractors in Vietnam change the main contractor's obligations?
Pursuant to the guidance in Chapter VI, Part 3, Form No. 01 issued with Circular 15/2022/TT-BKHDT, guiding subcontractors in Vietnam in the bidding contract as follows:
“7. Subcontractors
7.1. The Contractor may enter into a contract with subcontractors in the list of subcontractors specified in the SCC to perform a part of the work stated in the Bid. The use of subcontractors will not change the Contractor's obligations. contractor. The Contractor must be responsible to the Owner for the volume, quality, schedule and other obligations for the work performed by the subcontractor.
The replacement and addition of sub-contractors other than the list of sub-contractors mentioned in this Section shall be carried out only when there is a valid and reasonable reason and approved by the Investor.
7.2. The value of the work performed by the subcontractors specified in Section 7.1 of the GCC must not exceed the percentage according to the Contract Price specified in the GCC.
7.3. The Contractor is responsible for paying the subcontractor in full and on time according to the terms agreed between the Contractor and the subcontractor.
7.4. Bidders may not use subcontractors for other jobs other than the declaration of use of subcontractors stated in the bid.
7.5. Other requirements on subcontractors specified in the GCC.”
Accordingly, the contractor is entitled to enter into a contract with subcontractors in Vietnam in the list of subcontractors in Vietnam specified in the SCC to perform part of the work stated in the bid. The use of subcontractors in Vietnam shall not alter the obligations of the Main Contractor. The Contractor must be responsible to the Owner for the volume, quality, schedule and other obligations for the work performed by the subcontractor.
What are the regulations on cooperation with other contractors in the bidding contract?
Pursuant to the guidance in Chapter VI, Part 3, Form No. 01 issued with Circular 15/2022/TT-BKHDT, guiding cooperation with other contractors in the bidding contract as follows:
"8. Cooperation with other contractors
During the performance of the Contract, the Contractor must cooperate with other contractors and related units also working on the Site during the working time of such contractors and related units as planned. In case of changes to the work plans of other contractors or related units, the Employer will notify the Contractor in writing of such changes.
Where specified in the Specifications or at the request of the Employer, the Contractor shall cooperate with and create suitable conditions for the Employer's personnel and other personnel to conduct the environmental impact assessment. school and society. The Employer must notify the Contractor in advance of this."
Accordingly, during the performance of the contract, the contractor must cooperate with other contractors and related units who also work on the construction site during the working time of those contractors and related units according to the regulations. plan. In case of changing the work plan of other contractors or related units, the investor will notify the contractor in writing of such changes.
Does the use of subcontractors in Vietnam change the main contractor's obligations and responsibilities? (Image from the internet)
What are the regulations on personnel and equipment in the bidding contract?
Pursuant to the guidance in Chapter VI, Part 3, Form No. 01 issued together with Circular 15/2022/TT-BKHDT, guiding the personnel and equipment in the bidding contract as follows:
"9. Personnel and Equipment
9.1. The Contractor must mobilize the key personnel and use the equipment declared in the Bid or added to carry out the Works. The Investor only accepts the proposal to replace key personnel and equipment in case the experience and capacity of the replacement personnel and the quality and performance of the replacement equipment are equivalent to or higher than that of the proposal. exported in the bid.
9.2, Where the Employer requires the Contractor to terminate the Contractor's Personnel at the Site for good cause, the Contractor shall ensure that such person leaves the Site within 07 working days from date of receipt of the Employer's request and no longer perform any work related to the Contract. In case of necessity, the Contractor must immediately add a replacement with the same or higher qualifications and experience.
9.3, Where the Employer determines that an employee of the Contractor has engaged in acts of corruption, fraud, collusion, coercion or obstruction during the execution of the Works, such personnel shall be forced to resign. under Section 9.2 GCC.”
As such, the use of subcontractors in Vietnam will not alter the contractor's obligations. The contractor must be responsible before the investor for the volume, quality, schedule and other obligations for the work performed by the subcontractor.
Circular 15/2022/TT-BKHDT takes effect from August 25, 2022.
LawNet
