22/10/2024 08:07

What are the principles for signing construction contracts according to the law in Vietnam? What are judgments related to disputes on construction contracts in Vietnam?

What are the principles for signing construction contracts according to the law in Vietnam? What are judgments related to disputes on construction contracts in Vietnam?

Below are general regulations on construction contracts and 33 judgments on construction contracts in Vietnam

What are the principles for signing construction contracts according to the law in Vietnam?

According to the provisions of Article 138 Law on Construction 2014, the general regulations on construction contracts are as follows:

(1) A construction contract is a civil contract agreed upon in writing between the contracting party and the contractor to perform part or all work in construction investment activities.

(2) Principles for signing construction contracts include:

- Voluntary, equal, cooperative, not contrary to law and social ethics;

- Ensure sufficient capital to pay according to the contract agreement;

- Completion of contractor selection and conclusion of contract negotiation;

- In case the contractor is a joint venture, there must be a joint venture agreement. Members in the joint venture must sign, seal (if applicable) the construction contract, except where otherwise agreed by the parties.

(3) Principles for executing construction contracts include:

- Parties to the contract must fulfill commitments in the contract regarding the scope of work, quality, quantity, type, timeline, method, and other agreements;

- Honest, cooperative, and in accordance with the law;

- Not infringing upon the interests of the State, community and legitimate interests of organizations and individuals.

(4) The language used in the construction contract is Vietnamese. In cases where the construction contract involves a foreign party, the language used is Vietnamese and another language as agreed by the parties to the contract.

(5) Construction contracts must be signed and executed in accordance with the provisions of this Law and relevant legal provisions.

Thus, some principles for signing construction contracts include:

- Voluntary, equal, cooperative, not contrary to law and social ethics;

- Ensure sufficient capital to pay according to the contract agreement;

- Completion of contractor selection and conclusion of contract negotiation;

- In case the contractor is a joint venture, there must be a joint venture agreement. Members in the joint venture must sign, seal (if applicable) the construction contract, except where otherwise agreed by the parties.

What are judgments related to disputes on construction contracts in Vietnam?

No. Name of Judgment Court Date of Trial
1 Judgment 54/2024/KDTM-PT on construction contract dispute People's Court of city H March 18, 2024
2 Judgment 01/2024/KDTM-PT on construction contract dispute People's Court of province B January 24, 2024
3 Judgment 05/2024/KDTM-PT on construction contract dispute People's Court of city H January 10, 2024
4 Judgment 279/2023/KDTM-PT on construction contract dispute People's Court of city H December 29, 2023
5 Judgment 267/2023/KDTM-PT on construction contract dispute People's Court of Hanoi city December 22, 2023
6 Judgment 252/2023/KDTM-PT on construction and goods sales contract dispute People's Court of TP H November 30, 2023
7 Judgment 245/2023/KDTM-PT on payment obligation dispute in construction contract People's Court of Hanoi city November 23, 2023
8 Judgment 242/2023/KDTM-PT on construction contract dispute People's Court of city H November 10, 2023
9 Judgment 241/2023/KDTM-PT on construction contract dispute People's Court of city H November 7, 2023
10 Judgment 83/2023/KDTM-PT on construction contract dispute People's Court of Hanoi city April 28, 2023
11 Judgment 41/2023/KDTM-PT on construction contract dispute People's Court of Hanoi city March 14, 2023
12 Judgment 09/2023/KDTM-PT on construction contract dispute People's Court of province D March 2, 2023
13 Judgment 01/2023/KDTM-PT on construction contract dispute People's Court of Yen Bai province February 16, 2023
14 Judgment 190/2022/KDTM-PT on construction contract dispute People's Court of Hanoi city November 15, 2022
15 Judgment 194/2022/KDTM-PT on construction contract dispute People's Court of Hanoi city November 9, 2022
16 Judgment 16/2022/KDTM-PT on land lease transfer and construction contract dispute People's Court of Binh Duong province September 29, 2022
17 Judgment on construction contract dispute number 04/2022/KDTM-PT People's Court of Quang Tri province September 27, 2022
18 Judgment 32/2022/KDTM-PT on software application and website design construction contract dispute People's Court of Da Nang city September 26, 2022
19 Judgment on construction contract dispute number 16/2022/KDTM-PT People's Court of Dong Nai province September 12, 2022
20 Judgment 154/2022/KDTM-PT on construction contract dispute People's Court of Hanoi city September 7, 2022
21 Judgment 03/2022/KDTM-PT on construction contract dispute People's Court of province S September 5, 2022
22 Judgment on construction contract dispute number 144/2022/KDTM-PT People's Court of Hanoi city August 26, 2022
23 Judgment 143/2022/KDTM-PT on construction contract dispute People's Court of Hanoi city August 25, 2022
24 Judgment 421/2022/KDTM-PT on construction contract dispute People's Court of Ho Chi Minh City July 27, 2022
25 Judgment 10/2022/KDTM-PT on construction contract dispute People's Court of Dong Nai province July 15, 2022
26 Judgment on construction contract dispute number 101/2022/KDTM-PT People's Court of Hanoi city June 24, 2022
27 Judgment 12/2022/KDTM-PT on construction contract dispute People's Court of Bac Ninh province May 12, 2022
28 Judgment on construction contract dispute number 15/2022/KDTM-PT People's Court of high level in Da Nang May 6, 2022
29 Judgment on construction contract dispute number 01/2022/KDTM-PT People's Court of Ninh Binh province April 13, 2022
30 Judgment on construction contract dispute number 38/2022/KDTM-PT People's Court of Hanoi city March 21, 2022
31 Judgment on payment obligation in construction contract dispute number 01/2022/KDTM-PT People's Court of high level in Hanoi February 11, 2022
32 Judgment 69/2022/KDTM-PT on construction contract dispute People's Court of Ho Chi Minh City January 21, 2022
33 Judgment on construction contract dispute number 05/2022/KDTM-PT People's Court of BN province January 14, 2022
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