Circular 9/2011/tt-Bxd: A Guide To The Template Contract Of Construction Works

Original Language Title: Thông tư 09/2011/TT-BXD: Hướng dẫn mẫu hợp đồng thi công xây dựng công trình

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Circular forms the construction works _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 48/2010/ND-CP dated 10/5/2010 of the Government on the contract in construction activities; 
The Build Guide and model contract the construction works (hereinafter abbreviated as the construction contract) as follows: article 1. Scope 1. This circular template guide the construction contracts of the projects use 30% of the State capital, including: the State budget, which the official development assistance (ODA) capital investment credit, development of the State, which by the State credit guarantees and other investment capital of the State.
2. for projects using ODA, if international treaties to which Vietnam is a member there are regulations on the construction contract other than the provisions of this circular shall follow the provisions of international treaties.
Article 2. Application object 1. The organizations and individuals related to the conclusion and implementation of contracts of construction works, the inspection, testing, auditing, payment of capital construction of projects using 30% of capital of State.
2. Encourages the organizations and individuals who are related to the construction contracts of the projects use less than 30% of the capital of the State applied to this circular.
Article 3. The instructions apply to contract the construction the construction contract form attached to this circular consists of two parts: part I: the grounds of the contract part II: terms and conditions of the contract (Article 25) 2. Instructions apply: a) depending on the type of contract that the parties signed the uniform application of the provisions of the contract and the corresponding payment records of contract form. In a contract can apply many types of contract price; This contract form provisions for the types of contract construction (including equipment installation of construction works under construction design).
b) contract form enclosed herewith instructions made between the owner and the contractor; the case is general contractor contractor delivery side or main contractor, then the parties use this contract form to perform.
c) A number of specific provisions such as: content and workload, hiring consultants, contract, the advance level ensure the implementation of the contract, the warranty, payment period, payment levels for the payment in the contract, the duration of the pause time, termination of the contract, the warranty period and the same case then the parties pursuant to the provisions of the Decree 48/2010/ND-CP dated 10/5/2010 of the Government on the contract in the construction and operation of the provisions of the relevant State to the agreement in the contract.
Article 4. Effect 1. This circular has effect from the date of 15/8/2011. The contract was signed before the date of this circular effect shall not apply the provisions of this circular.
2. During the implementation process, if there are obstacles, suggest individual organizations concerned timely reflection of The building for research, resolve./.