What is an interior construction contract under the law in Vietnam? What is the latest form of interior construction contract in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. What is an interior construction contract under the law in Vietnam?

An interior construction contract is essentially a service supply contract regulated and guided by the Civil Code 2015. According to Article 513, Section 9 of the Civil Code 2015, a service contract is an agreement between parties whereby a service provider performs an act for a client and pays a fee for that act. In this case, the service is interior construction.

Currently, there are two types of interior construction contracts in the market in Vietnam:

- Turnkey interior construction contract: This type of contract encompasses all steps from design to construction, including the including the installation of complete and comprehensive interior elements.

- Existing interior construction contract: This is a type of contract based on a pre-existing design. The executing party carries out the installation according to the provided design.

When drafting an interior construction contract, the drafter should consider the following principles:

- Based on equality and voluntary agreement between the two parties.

- Comprehensive and clear agreement regarding cost, progress, quality, and other aspects of interior construction.

- Compliance with the legal requirements.

- The contract must be signed by representatives of both parties.

The essential content to include in an interior construction contract:

- Information about the legal basis and agreement for the interior construction contract.

- Clear identification of the authorized representatives of both parties.

- Contract details: explicit description of the design and construction work, including what is being designed, the location, area, layout, requirements, materials, etc.

- Specific disclosure of materials, styles, colors, and materials.

- If the contracting party is responsible for purchasing, a detailed breakdown of the price quotation should be included.

2. The latest form of interior construction contract in Vietnam

You can refer to the interior construction contract here: Download

3. The role of an interior construction contract

The interior construction contract plays a significant role in the process of implementing an interior construction project. Some key roles of this contract include:

- Defining the rights and responsibilities of the parties involved in the project, including the homeowner and the construction contractor, ensuring that everyone understands their tasks and contributes accurately to the project.

- Serving as the legal transaction core, providing legal obligations for the commitments and conditions agreed upon in the contract.

- Clearly defining the scope of work, including the type of interior elements, quantity, quality, and other technical factors, to avoid misunderstandings and disputes during the construction process.

- Adjusting the timeline and schedule to monitor and control the project progress, ensuring that the work is completed within the specified timeframe.

- Managing finances to ensure that payments are made in accordance with the commitments and to avoid financial uncertainties.

- Resolving disputes, minimizing the risk of disputes, and optimizing the resolution process when necessary.

Note: When signing an interior construction contract, it is essential to carefully consider the contract appendix and warranty provisions:

- The contract appendix should be created when there are changes or additions to the original contract. It should be signed by both parties and have legal effect as part of the contract. Any changes related to work requirements, time, price, or any other relevant aspects should be clearly stated in this appendix.

- Warranty provisions are already an important part of the contract. However, the parties should specify this section to avoid complications after the construction process.

Best regards!

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