Vietnam: Contents of the construction contract for inland waterway maintenance dredging

10:59, 09/09/2019

This is a notable content specified in Circular No. 33/2019/TT-BGTVT of the Ministry of Transport of Vietnam on dredging operations within inland water areas.

The contents of the construction contract for inland waterway maintenance dredging shall comply with regulations of the Government on construction contracts and guidance of the Ministry of Construction on work construction contracts. In addition to aforementioned contents, the following contents, which are listed in Article 17 of Circular No. 33/2019/TT-BGTVT of the Ministry of Transport of Vietnam, shall be added:

noi dung hop dong thi cong cong trinh nao vet duy tu luong duong thuy noi dia, thong tu 33/2019/TT-BGTVT

- First: The contract shall be terminated and the contractor is not allowed to conduct acceptance test, receive payment and shall be responsible for compensating all losses and damages to the Investor when failing to meet requirements of time, progress, quality as prescribed in the contract and after two time of being reminded in writing but still fails to perform remedial actions or lets the construction remains unfinished.

- Second: During the execution of project, if the contractor disposes of the dredged materials at wrong places which causes environmental pollution or illegally transfers the contract, the contract shall be terminated and the contractor shall be responsible to cover all losses and damages caused by itself in accordance with regulations of law.

- Third: As for lump-sum contracts for maintenance dredging, the phrase “no adjustment in budget on implementation” shall be clearly stated in the content of such contracts.

Besides, Circular No. 33/2019/TT-BGTVT also stipulates 02 types of contract for inland waterway maintenance dredging, including:

- The fixed unit price contract or adjustable unit price contract applies to the annual maintenance dredging or unscheduled maintenance dredging.

- The lump-sum contract applies to the turnkey standard maintenance dredging carried out during the definite period.

Relevant provisions can be found in Circular No. 33/2019/TT-BGTVT of the Ministry of Transport of Vietnam, which takes effect from November 01, 2019.

Thu Ba

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