Contracts applicable to the procurement of goods within the scope of EVFTA in Vietnam

According to the Circular, the instructions for contracts applicable to the procurement of goods under the CPTPP, EVFTA, and UKVFTA in Vietnam are as follows:

- The type of contract applied mainly to the procurement of goods is a package contract.

If the good is particular, complex, large-scale, and likely to fluctuate in price, the adjusted unit-price contract can be applied in Vietnam.

When applying the type of contract under the adjusted unit price, the bidding documents must clearly specify the formula for price adjustment; in the course of contract performance, in case there is a change in the unit price and it is necessary to adjust the contract price, the contractor must prove the factors leading to the change in the unit price; 

- Bidding documents must include a contract form and details and conditions of the contract for the contractor to use as the basis for bidding and for the parties to negotiate, finalize, and sign the contract.

The contract includes General Conditions, Specific Conditions and Contract Form. Depending on the scale and each bidding package, the investor shall decide to amend and supplement accordingly.

- The arbitrary termination of the contract mentioned in Section 29.3 General Conditions of the contract in the Bidding Documents Form issued together with Circular 12/2022/TT-BKHDT can only be done with the permission of the competent person for reasonable reason in Vietnam.

Vietnam's Circular 12/2022/TT-BKHDT takes effect from August 25, 2022 and replaces Circular 09/2020/TT-BKHDT.

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