What are the regulations on the contract bonus regime for construction and installation bidding packages for traffic projects in Vietnam? - Hoang Vu (HCMC, Vietnam)
Article table of contents
Order and application of request for consideration of contract bonus for construction and installation bidding packages for traffic projects
Pursuant to Article 7 of Decree 15/2023/ND-CP, the order and application of request for consideration of contract award for construction and installation bidding packages under specific traffic projects are as follows:
- After the contract is checked, accepted, and handed over according to regulations, the contractor sends directly or via postal service to the investor 5 sets of applications of request for contract award consideration (the time of submitting the application must not exceed the warranty period for the work).
Application for award consideration includes: the original of the written request for award consideration (Form No. 02, Appendix II issued together with Decree 15/2023/ND-CP), the original of the written commitment to partially or fully refund the bonus amount in case of bonus adjustment or withdrawal (Form No. 03, Appendix II issued together with Decree 15/2023/ND-CP), a copy of the contract/contract appendix signed between the investor and the contractor with a clause on the contract bonus, copies of the minutes of acceptance, handover, copies of documents regulating the warranty of works, and other documents under the contract as the basis for the contract award (if any).
- The investor receives the application at the request of the contractor, according to the above provisions.
In case the application is invalid, within 03 working days from the date of receipt, the investor shall notify the contractor in writing and request that the contractor supplement the application for consideration and award of the contract.
- In case the application is valid, the investor shall consider and decide to award the contract to the contractor within 30 days from the date of receipt of the valid application.
The content of the contract award decision includes the following: name of contractor, name of bidding package, shortening time, specific bonus amount, form of payment, expected time of payment, and bonus withdrawal requirements. when adjusting bonuses or arising from violations of contract bonus principles (Form No. 04, Appendix II issued together with Decree 15/2023/ND-CP).
Contract bonus regime for construction and installation bidding packages for traffic projects in Vietnam (Internet image)
Mode of payment of contract bonuses for construction and installation bidding packages for traffic projects in Vietnam
The mode of payment of contract bonuses for construction and installation bidding packages for traffic projects shall comply with the provisions of Article 8 of Decree 15/2023/ND-CP, specifically as follows:
- Within 03 working days from the effective date of the Contract Bonus Decision, the Investor sends directly or via postal service to the State Treasury the payment request file, including:
+ Decision on the contract bonus;
+ Letter of request for capital payment for contract bonus (Form No. 06, Appendix II issued together with Decree 15/2023/ND-CP);
+ Certificate of Capital Withdrawal (Form No. 07 of Appendix II issued together with Decree 15/2023/ND-CP).
- Based on the investor's request for payment, the State Treasury shall control and pay the contract bonus within 03 working days from the date of receipt of a complete application as prescribed in Clause 1 of this Article. Principles of control and payment according to the Government's regulations on management, payment, and settlement of projects using public investment capital.
Mai Thanh Loi
