What are the requirements for the construction design in the engineering, procurement, and construction (EPC) contracts in Vietnam?
- What are the general requirements for construction design in the engineering, procurement, and construction (EPC) contracts in Vietnam?
- What are the regulations and standards applied to the design of EPC contracts in Vietnam?
- What are the requirements for the design documents or design drawings of contractors in Vietnam?
- What are the responsibilities for design errors of the contractors in Vietnam?
What are the general requirements for construction design in the engineering, procurement, and construction (EPC) contracts in Vietnam?
Pursuant to the provisions of Clause 5.1, Article 5, Appendix 4 is issued together with Circular 02/2023/TT-BXD stipulating the general requirements for the construction design in the engineering, procurement, and construction (EPC) contract as follows:
- The contractor must be responsible for the technical design, construction drawing design of the work (or detailed design on the basis of FEED design) and for the accuracy of these works.
- In the process of technical design and construction drawing design, if the contractor discovers any errors or differences between the requirements of the employer, the contractor will immediately notify the employer before technical design and construction drawing design, and request that the investor clarify if necessary.
- At any time when the employer discovers errors in the design documents made by the contractor, the employer will request that the contractor correct the errors to suit the requirements of the owner.
- However, the employer will be responsible for the accuracy of the following information provided to the contractor by the employer or on behalf of the employer:
+ The documents, data, and information stated in the contract are considered unchanged or responsible for the investor.
+ The purpose of the work or a certain part of the work is stated by the investor;
+ The contractor shall ensure that the detailed design and contractor's documents comply with:
++ The provisions of the law of the Socialist Republic of Vietnam
++ Contract documents, including necessary amendments and supplements at the request of the investor
What are the requirements for the construction design in the engineering, procurement, and construction (EPC) contracts in Vietnam? (Image from the Internet)
What are the regulations and standards applied to the design of EPC contracts in Vietnam?
Pursuant to the provisions of Clause 5.2, Article 5, Appendix 4 was issued together with Circular 02/2023/TT-BXD stipulating the regulations and standards applied in the design as follows:
The contractor's technical design and construction drawing design must comply with the project standards, technical instructions (if there are project standards, technical instructions), and the legal system of the Socialist Republic of Vietnam
What are the requirements for the design documents or design drawings of contractors in Vietnam?
Pursuant to the provisions of Clause 5.3, Article 5, Appendix 4, issued together with Circular 02/2023/TT-BXD, the requirements for the contractor's design documents or design drawings are as follows:
The contractor's design documents must include:
- Drawings,
- Technical documents and other necessary documents as specified in the employer's bidding documents (or request for proposals) must meet the employer's requirements or be submitted by the employer. approved by competent authorities as prescribed by law.
Unless otherwise specified, the contractor's design documents must be written in the language specified in Clause 1, Article 3, of Circular 02/2023/TT-BXD.
If the employer's requirements or legal requirements require the contractor's design documents to be submitted to the employer for review and approval, this design document shall be submitted with the notice.
- Unless otherwise specified in the employer's requirements, the time for consideration and approval shall not exceed the number of days from the date the employer receives the valid design documents from the contractor.
- During the review and approval period, the investor may notify the contractor that the contractor's design documents contain contents that are not consistent with the contract. If any document in the contractor's design documents is not in accordance with the contract, the contractor shall amend, supplement, and resubmit it for review and approval by the employer in accordance with this paragraph, and the contractor shall bear all costs. related costs.
All works that require the design to be approved by the investor are:
- The construction work can only start after the contractor's design documents are approved by the investor.
- The work's construction must conform to the design documents approved by the investor;
- In case of a design change, the work of construction shall only be carried out after the changed design dossier is approved by the investor.
- Any such agreement or any other consideration or approval (under this clause or otherwise) shall not relieve the contractor of any liability or responsibility for the work.
What are the responsibilities for design errors of the contractors in Vietnam?
Pursuant to subsection 5.4, Section 5 Appendix 4 was issued together with Circular 02/2023/TT-BXD stipulating the responsibility of the contractor for design errors as follows:
If the investor discovers that the contractor's design documents contain errors, omissions, or inconsistencies with the contract, the contractor shall bear all costs for additional design or correction of these defects. as well as correcting errors with respect to works or parts of works performed by the contractor, even if the employer has approved the design documents.
Circular 02/2023/TT-BXD will take effect on April 20, 2023.
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