Instructions for using 03 new construction contract templates applied from April 20, 2023 in Vietnam

Instructions for using 03 new construction contract templates applied from April 20, 2023 in Vietnam
Tran Thanh Rin

The Minister of Construction of Vietnam issued Circular 02/2023/TT-BXD dated 03/03/2023 guiding some contents about construction contracts.

03 new construction contract forms issued together with Vietnam's Circular 02/2023/TT-BXD are used as follows:

(1) The form of the construction consultancy contract in Appendix II is used for the type of consultancy contract for the preparation of a feasibility study report, a construction survey, and the design and supervision of construction works.

(2) The form of the construction contract is in Appendix III.

(3) The EPC contract form in Appendix IV is used for package contracts.

In case of applying the forms of contract price according to fixed unit price, adjusted unit price, or contract price according to combined price, the parties shall base themselves on the provisions of law and Vietnam's Circular 02/2023/TT-BXD amending the terms of the EPC contract form to establish the contract.

In addition, for small-scale simple contracts, other types of construction investment consulting contracts, and other mixed contracts, the parties should refer to and apply the construction contract templates published together with Vietnam's Circular 02/2023/TT-BXD amending the terms of the contract form to establish the contract.

Vietnam's Circular 02/2023/TT-BXD takes effect from April 20, 2023.

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