When will the Minutes of Acceptance for Commissioning the Construction Work into Operation within the Contract for Design, Procurement of Materials, Equipment, and Construction be used in Vietnam?
When will the Minutes of Acceptance for Commissioning the Construction Work into Operation be issued in Vietnam?
According to the provisions of Clause 9.4, Article 9, Part 3, Appendix 4 issued together with Circular 02/2023/TT-BXD, the Minutes of Acceptance for Commissioning the Construction Work into Operation are regulated as follows:
The obligations of the Contractor shall not be considered fulfilled until the Contractor receives the Minutes of Acceptance for Commissioning the Construction Work into Operation from the Investor, specifying the date on which the Contractor has completed its obligations under the contract.
The Investor (or Consultant) shall issue the Minutes of Acceptance for Commissioning the Construction Work into Operation within the period following the end of the Defect Notification Period or immediately after the Contractor has provided all the Contractor's documents and completed and tested all works and project components, including rectifying any defects.
When will the Minutes of Acceptance for Commissioning the Construction Work into Operation within the Contract for Design, Procurement of Materials, Equipment, and Construction be used in Vietnam?
What are regulations on site clearance after issuing the Minutes of Acceptance for Commissioning the Construction Work into Operation in Vietnam?
Based on Clause 9.6, Article 9, Part 3, Appendix 4 issued together with Circular 02/2023/TT-BXD, the site clearance after issuing the Minutes of Acceptance for Commissioning the Construction Work into Operation is regulated as follows:
Upon receiving the Minutes of Acceptance for Commissioning the Construction Work into Operation, the Contractor shall clear the site of all its equipment, surplus materials, waste, and any remaining temporary works on the site.
If the Contractor does not clear the site within the specified period after the Investor issues the Minutes of Acceptance for Commissioning the Construction Work into Operation, the Investor may sell or dispose of the items. The Investor reserves the right to payment for costs incurred from the sale, disposal, or storage of these items on the site.
The balance of any amounts received from the sale of the items will be paid to the Contractor. If these amounts are less than the costs incurred by the Investor, the Contractor shall pay the remaining costs to the Investor.
When is the Minutes of Acceptance for the Project in Construction Contracts for Design, Procurement of Materials, and Equipment for Construction Works Issued by the Investor in Vietnam?
According to Clause 9.1, Article 9, Part 3, Appendix 4 issued together with Circular 02/2023/TT-BXD:
Acceptance of the Investor
9.1. Acceptance of the Project
After the period [defined at the GCC] from receiving the project acceptance request from the Contractor, the Investor will:
a) Issue the Minutes of Acceptance for the Project to the Contractor, specifying the date on which the project or component was completed per the contract, or
b) Disagree and provide reasons specifying the specific tasks the Contractor needs to complete for the Minutes of Acceptance for the Project to be issued. The Contractor must complete these tasks before issuing further notice under this Clause.
Within the period [defined at the GCC], the Investor must issue or state reasons for not issuing the Minutes of Acceptance for the Project to the Contractor. Beyond this period, if the project or component (as applicable) has been essentially completed per the contract, and the Investor has no comments, the Minutes of Acceptance for the Project shall be deemed issued.
According to the above provisions, after a period from receiving the project acceptance request from the Contractor, the Investor will issue the Minutes of Acceptance for the Project to the Contractor, specifying the date on which the project or component was completed per the contract.
Additionally, if the Investor disagrees and states reasons, they must specify the specific tasks the Contractor needs to complete for the Minutes of Acceptance for the Project to be issued.
The Contractor must complete these tasks before issuing further notice.
Note: Within the period, the Investor must issue or state reasons for not issuing the Minutes of Acceptance for the Project to the Contractor. Beyond this period, if the project or component (as applicable) has been essentially completed per the contract, and the Investor has no comments, the Minutes of Acceptance for the Project shall be deemed issued.
If the Investor uses part of the work before the Minutes of Acceptance is issued, what shall be done?
According to Clause 9.2, Article 9, Part 3, Appendix 4 issued together with Circular 02/2023/TT-BXD, it is regulated as follows in the event the Investor uses any part of the project before the Minutes of Acceptance is issued:
The Investor shall issue an Minutes of Acceptance for each part of the main Project. The Investor shall not use any part of the project (except for temporary use as specifically outlined in the contract or agreed upon by both parties) unless and until the Minutes of Acceptance for that part of the project is issued. However, if the Investor uses any part of the project before the Minutes of Acceptance is issued:
- The part of the project being used shall be deemed to be handed over from the date it is put into use;
- The Contractor shall not be responsible for that part of the project from this date, with responsibility falling to the Investor;
- If requested by the Contractor, the Investor shall issue an Minutes of Acceptance for that part of the project.
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