15:35 | 30/04/2023

What is the written request form for contract bonuses for construction contract packages of transport projects in Vietnam?

"What is the written request form for contract bonuses for construction contract packages of transport projects in Vietnam?" - asked Ms. Nhung (Nam Dinh)

What is the written request form for contract bonuses for construction contract packages of transport projects in Vietnam?

The written request form for contract bonuses for construction contract packages of transport projects in Vietnam is Form No. 02 specified in Appendix II issued together with Decree 15/2023/ND-CP:

Download the written request form for contract bonuses for construction contract packages of transport projects in Vietnam: Here.

What does the application for contract bonuses for construction contract packages of transport projects in Vietnam include?

Pursuant to Clause 1 Article 7 of Decree 15/2023/ND-CP as follows:

Procedure and application for contract bonuses
1. After the contract is accepted and handed over according to regulations, the contractor shall submit 05 applications for contract bonuses to the investor in person or by post (the duration of submission of such applications shall not exceed the deadline for work warranty). An application includes the original of the written request for contract bonuses (Form No. 02, Appendix II), the original of the written commitment to repay any or all of bonuses in case of adjustment or withdrawal of such bonuses (Form 03, Appendix II), copy of contract/contract appendix signed between the investor and the contractor with clause on contract bonuses, copies of records of acceptance or handover, copies of documents on work warranty and other documents under the contract as the basis for payment of contract bonuses (if any).
2. The investor shall receive applications at the request of the contractor according to regulations in Clause 1 of this Article. If these applications are invalid, within 03 working days from the date of receipt of these applications, the investor shall give written notification and request the contractor to supplement such applications.
...

Thus, according to the above provisions, the application for contract bonuses for construction contract packages of transport projects in Vietnam includes:

- The original of the written request for contract bonuses (Form No. 02, Appendix II issued together with Decree 15/2023/ND-CP)

- The original of the written commitment to repay any or all of bonuses in case of adjustment or withdrawal of such bonuses (Form 03, Appendix II promulgated together with Decree 15/2023/ND-CP)

- A copy of contract/contract appendix signed between the investor and the contractor with clause on contract bonuses.

- Copies of records of acceptance or handover,

- Copies of documents on work warranty and other documents under the contract as the basis for payment of contract bonuses (if any).

What is the time limit for deciding on payment of contract bonuses for construction contract packages of transport projects in Vietnam?

Pursuant to Clause 3 Article 7 of Decree 15/2023/ND-CP as follows:

Procedure and application for contract bonuses
...
2. The investor shall receive applications at the request of the contractor according to regulations in Clause 1 of this Article. If these applications are invalid, within 03 working days from the date of receipt of these applications, the investor shall give written notification and request the contractor to supplement such applications.
3. If these application are valid, the investor shall consider and decide payment of contract bonuses to the contractor within 30 days after receiving such valid applications. Decision on payment of contract bonuses shall clearly state contractor's name, name of contract package, the reduced time, bonuses, payment method, and expected time of payment and requirements for withdrawal of bonuses in case of adjustment of bonuses or occurrence of violations against rules for payment of contract bonuses (Form No. 04, Appendix II).

Thus, according to the above regulations, the time limit for deciding on payment of contract bonuses for construction contract packages of transport projects in Vietnam must not exceed 30 days from the date of receiving a valid application.

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