The DECREE on contracts in building activity the GOVERNMENT base of Government Organization Law on December 25, 2001;
Bases of the civil code on June 14, 2005;
Pursuant to the law building on November 26, 2003;
Pursuant to the law on tenders of 29 November 2005;
Pursuant to the law amending and supplementing some articles of the Law concerning the basic construction investment on June 19, 2009;
Considering the recommendation of the Minister of the construction DECREE, chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the contract of building activity (hereinafter abbreviated as construction contract) in construction investment projects that use 30% of capital of State.
2. This Decree shall apply to the institutions and individuals related to construction contracts in the project uses 30% of the capital and over on the territory of Vietnam. Encourage organizations and individuals related to construction contracts in the project using less than 30% of the capital of the State to apply the provisions of this Decree.
3. for contracts in construction of projects using funds official development assistance (ODA), if the international treaties to which Vietnam is a member have other regulations with the provisions of this Decree shall follow the provisions of international treaties.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Construction contract is a contract is a written agreement between the Contracting Parties and the parties the subcontract on the establishment, change or termination of the rights, obligations, liability of the parties to make a , some or all of the work in building activity.
2. bid delivery Party is the owner or general contractor or contractors.
3. the Contracting Party's general contractor or contractors when the party subcontract is the owner; is the subcontractor when the party subcontract as general contractor or contractors. Contracting Party could is venture contractors.
4. General conditions of the construction contract is the document attached to the contract stipulates the rights, obligations and relations of the parties to the construction contract.
5. separate conditions of the construction contract is enclosed to the contract document specifically, addition of some provisions of the General conditions apply to construction contracts.
6. Annex of the construction contract is the document attached to the construction contract to detailed rules, clarifying, modifying and supplementing some provisions of the construction contract.
7. The working day in this Decree are interpreted as calendar days, excluding Sundays, holidays, lunar new year according to the provisions of the law.
8. standard project is the technical regulations, technical-economic norms, in order to perform the task, indicators, technical indicators and indicators of the natural conditions are the owner or the owner's consultant Editor to apply for project specific construction. Project standard must conform to the standard rules, the standards issued by the State or approved.
9. Designing FEED is designed to be deployed at a later stage when the project construction investment was approved for deployment as a basis for the detailed design works by foreign consultants follow international practices.
10. the main contractors is the construction contract was signed between the investor with major contractors or general contractor.
11. subcontracting contracts is the construction contract was signed between the main contractor or general contractor to subcontractors.
12. package types, single fixed-price contracts, according to the contract price adjusted, over time, the contract according to the percentage (%) of this Decree shall be construed respectively as the forms package, contract forms according to unit price (unit price in the contract or unit price adjusted) contract form, over time, the form of the contract according to the percentage (%) stipulated in Decree No. 85/2009/ND-CP on 10/15/2009 of the Government Procurement Law Enforcement Guide and selection of building contractor construction law. Article 3. The type of construction contract 1. According to the nature of the work contract of the building contains the following categories: a) the contract of construction consulting (consultancy contract) is a contract to make a, some or all of the works in consulting work to build.
b) contract the construction works (construction contract) is a contract to carry out the construction works, projects or building construction design; General contractor contract the construction works is the construction contract to perform all the work of a project.
c) contract to provide technology equipment (equipment supply contract) is a contract made the provision of equipment for installation in buildings under design technology; General contractor contract provides technology equipment is equipment supply contracts for all work of an investment project.
d) contract design and construction works (EC) is the contract to undertake the design and construction of construction, projects; General contractor contract for design and construction works are contracted to design and construct all the works of an investment project.
DD) contract to design and provide equipment technology (EP) is the contract to perform the design and provide equipment for installation in buildings under design technology; General contractor contract design and equipment supply contract is the technology to design and provide equipment for all work of an investment project.
e) contract to provide technology equipment and construction works (abbreviated as PC) is the contract to make the supply of technological equipment and the construction of public buildings, projects; General contractor contract provides technology equipment and construction works is a contract to provide technology and equipment for the construction of all the works of an investment project.
g) contract design-provides technology equipment and construction works (EPC) is the contract to perform the work from design, equipment supply technology to the construction of public buildings, projects; EPC contract is a contract design-provides technology equipment and the construction of all the works of an investment project.
h) contractor awarded key contract is a contract of construction to make the entire project work, design, equipment supply, technology and construction of a project of investment construction.
2. According to the contract price, construction contract has the following categories: a) package deal;
b) contract under the fixed-price menu;
c) according to the contract price adjusted;
d) contract from time to time;
DD) contract as a percentage (%). 4. The principle of construction contracting 1. The construction contract was signed under the voluntary principles, equality, cooperation, goodwill, not contrary to law and social ethics.
2. Construction contract was signed after party subcontract complete the selection of the contractor under the provisions and the parties involved had ended the contract negotiation process.
3. The price of the contract does not exceed the price winning bid (for tender), not to exceed approved package of estimation (for cases specified bid); additional case workload or the number of the device is outside the volume bid (the required profile) lead to the price of the contract exceeded the winning bid price (the price) but does not change the investment objective or not exceeding the total investment approved, the owner is entitled to decide; If changing the investment objectives or exceed total investment has been approved, the competent Person shall report the decision of investment decisions.
4. With regard to the contract to perform the work, simple package, small scale all content related to a contract can burn right in the text of the contract. For the contract to perform the work, complex package, large scale, then the content of the contract can be established as separate conditions, General conditions of the contract.
5. in the case of a project, the owner contracts with various contractors to perform the different package, the contents of this agreement have to unify, synchronize on the progress, quality in the process of implementing the content of each contract, guaranteeing the efficiency of the public investment project.
6. where the Contracting Party is venture the contractor, then the associate members must have codeshare agreements, in the contract must be signed by all the members join venture.
7. the party subcontract, Contracting Parties must send a representative to negotiations, signing of the construction contract. The representative of the right was decide and take responsibility for his decisions.
Article 5. The principle of implementation of construction contract 1. The parties to the construction contract to perform the right content in the contract about the scope of the work required, the quality, the amount, type, duration, method and other agreements in the contract.
2. Perform the contract construction of honesty, in the spirit of cooperation, mutual trust and guarantee the correct law.
3. do not infringe the interests of the State, public interest, rights and legitimate interests of others.
Article 6. The effect and legitimacy of construction contract 1. Construction contract in effect when meet the following conditions: a) the participants signed a full capacity for civil acts;
b) meet the principles of the contract specified in clause 1, 2, 3, 6 and 7 article 4 of this Decree;
c) form of the contract in writing and is signed by the representative authorized under the law of the right of the parties to the contract. The case of a party to the contract is held, the Parties shall sign and seal;
Contracting Parties must have) eligible operational capacity, the capacity of practice prescribed by the law.
2. The time-effect of construction contract is the moment of the contract (stamp if available) and the subcontract was getting taken security of contract bidding (for the contract has provisions on ensuring the implementation of the contract) or due to other time agreed in the contract for construction.

3. the legal Properties of building contract: a) construction contract in force as the legal basis on which side of the subcontract, on the contractor and the parties concerned are obliged to perform;
b) construction contract in force is the basis to solve the dispute between the parties. The dispute arose out of construction contracts will be settled on the basis of the provisions of the relevant legislation;
c) state management agencies, control bodies, allocate capital, lenders, inspectors, inspection, auditing and other related agencies are based on the content of the construction contract in force to perform its tasks, function as a rule, do not infringe the legitimate rights and interests of the parties to the contract.
Article 7. Manage implementation of construction contract 1. Within the scope of their rights and obligations, the parties need to plan and implement measures consistent with the content of a contract concluded in order to achieve agreements in the contract.
2. Customize each type of construction contract, content management implementation contracts may include: a) manage the progress of implementation of the contract;
b) management of quality;
c) manage the volume and the prices of the contract;
d) management on labor safety, environmental protection and prevention of fire and explosion;
DD) manage to adjust contract and the content of the contract.
Chapter II SPECIFIC PROVISIONS section 1 INFORMATION ABOUT CONSTRUCTION CONTRACT article 8. Information about construction contract information on the construction contract have to be recorded in the contract, including: 1. The type of contract, contract number, package name, project name, location, and construction of the contract.
2. Name of the parties to the contract, a representative of the party, the registered address of business or address for the transaction, tax code, business registration certificate, your account number, phone, fax, e-mail, time and place of signing of the contract, the other relevant information.
3. where the Contracting Party is the bidder must then associate the full record information of the members of the partnership as defined in paragraph 2 of this article, in which are stated top associates.
Article 9. The base contract to build 1. The signing of the construction contract include the requirement that the work should be done by the parties, the contractor selection results, negotiation results, complete the contract and the provisions of relevant laws.
2. for EPC contract in addition to the grounds mentioned in paragraph 1 of this article shall be based contract also includes project and construction design of FEED (case designed by foreign consultants make).
Article 10. Profile construction contract 1. Profile construction contract include the text of the contract and the documents enclosed with the contract.
2. The contract includes the following principal contents: the content and volume of work to be done; quality requirements and the technical requirements; time and progress made; acceptance conditions, delivered; reviews of contract, advance payment, settlement agreement and the method of payment; the warranty period (for the construction contract have to warranty); the rights and obligations of the parties; the liability due to breach of contract; the language used; the other agreement, depending on the type of contract.
3. documents attached to the contract is the integral parts of the construction contract. Depending on the scale, nature, scope of work and the type of construction contract particulars of the documents attached to the construction contract may include: a) the notice or the tender specified text or written approval;
b) conditions, the terms of reference;
c General conditions);
d) bid or records requested by the party subcontract;
DD) The design drawings and the technical instructions;
e) tenders or the proposed profile of the Contracting Party;
g) contract negotiations thereon, the modified, supplemented by text;
h) of the annex of the contract;
I) other related documents.
2. The parties to the contract agreement on priority order when applying the documents enclosed with the contract to handle conflicts (if any).
Article 11. The law and the language used in the construction contract 1. Construction contract subject to the terms of the legal system of the Socialist Republic of Vietnam.
2. language used for construction contracts is Vietnamese, except for cases stipulated in paragraph 3 of this article.
3. construction contract case involving a foreign language use is Vietnamese and English. When the construction contract was signed with two languages, then the parties to the agreement on the language used in the process of trading contracts and order of priority using the language to solve the dispute of the contract of building (if available).
Section 2 CONTENT and WORKLOAD, QUALITY REQUIREMENTS and the PROGRESS of the IMPLEMENTATION of article 12. The content and scope of the construction contract 1. The content and scope of the construction contract is the content, the volume of work that the party subcontract signed with Contracting Parties and the parties must be expressly agreed upon in the contract. The content and the volume of work is determined based on the tender or the request profile, tenders, proposals or records the minutes of talks and the relevant legal texts. Depending on the specific type of construction contracts, the contents of the work performed is determined as follows: a) for construction consultancy contracts: is the master planning; project construction works; design; survey; construction supervision; design verification, estimation and other advisory work;
b) contract for the construction of: is the provision of building materials, manpower, plant and construction equipment and construction works;
c) for a contract to provide technology equipment: is the provision of equipment; Guide to installation, use, operation, operations, training and technology transfer (if any);
d) for EPC contracts: is the design, supply of materials, equipment and construction works;
DD) for the turnkey contract: content mainly in the preparation of investment projects; design; provision of equipment and the construction works; training, guidelines for operation, maintenance, repair; technology transfer; operate the try.
2. The adjustment of the volume of work of the contract be made according to the provisions of article 35 of this Decree.
Article 13. Ask about product quality and product delivery, construction contract 1. Product quality requirements of construction contract: a) product quality of construction contract must comply with and meet the quality requirements according to the provisions of the law. Regulation, standards (International, Vietnam, branches), project standards that apply to the product of the work must be agreed in the contract;
b), equipment for goods imported in addition to the provisions in point a of this paragraph must also rule on the source, origin.
2. product delivery, the complete work: a) The agreement on acceptance process, delivered by the parties to the contract must comply with the provisions of the law on the management of the quality of construction works;
b) jobs need experience, delivered; experience base, delivered; process, time trials, delivery of finished work product; human components participate in trials, delivery; acceptance form, delivered; the regulation on the registration, documentation, testing, delivery must be agreed in the contract;
c) only parties, delivery of the products to meet the quality requirements as defined in paragraph 1 of this article;
d) for the work required must be checked before moving over to the other Contracting Party, work must inform the parties assigned to trials;
DD) for the product of errors (not sure of the requirements contract) must be repaired, the repair was not case then have to remove. The party would cause errors, then the party that must bear the entire costs related to the repair, testing and the costs related to the fix errors, as well as the progress of implementation of the contract.
Article 14. The timing and progress of implementation of construction contract 1. The contract duration is calculated from the date the contract takes effect until the parties to fulfill the obligations under the contract and to be consistent with the project's progress.
2. the Contracting Party responsible for scheduling details make the contract party subcontract approval to do the base implementation.
3. Progress made the contract must show the complete mold, handed the job, mainly products.
4. With regard to the contract the construction of large scale, long duration, the construction schedule was established for each stage.
5. for equipment supply contract, progress provides the device must show the milestone delivery of equipment, including provisions on the number, types of device for each batch delivered.
6. for EPC contracts, turnkey contracts, in addition to progress to each stage have to set the tempo for each type of work (projects, design, equipment supply and construction).
7. Encourage the speeding up of the contract on the basis of product quality assurance contract. Cases of speeding higher efficiency for the project, the Contracting Parties are reward according to the contract agreement.
8. Adjusting the progress of contracts are made according to the provisions of article 38 of this Decree.
Section 3 REVIEWS the CONTRACT, ADVANCE payment, settlement and LIQUIDATION of the CONTRACT CONSTRUCTION of article 15. Price construction contract 1. Price construction contract budget is committed to pay the contractors delivered the party side of the contractor to perform the work at the request of the volume, quality, schedule, payment conditions and other requirements under the agreement in the construction contract.
2. price the contract must specify the content of the expenses, taxes, fees (if any); construction contract price was adjusted to match the type of the contract, the contract price and must be agreed in the contract.
3. The price of the contract has the following categories: a) Reviews the contract package is the contract price does not change during the execution of the contract for the volume of work in the scope of the contract was signed, unless additional volume as defined in art. 1 Article 35 of this Decree;

b) Contract Price according to the fixed unit price is determined on the basis of the unit price fixed for the work with the corresponding workload. The fixed price menu is the unit price does not change throughout the duration of the contract.
c) contract prices according to the price adjustment is determined on the basis of the unit cost of the work has been adjusted due to slipping under the contractual agreement with the corresponding workload. Price adjustments due to sliding prices made by the method prescribed in clause 3, Article 36 4 of this Decree;
d) contract prices from time to time be determined on the basis of the level of remuneration for experts, the expenses in addition to the level of remuneration for experts and work time (volume) by month, week, day, hour.
-The level of remuneration for experts is the cost for experts, identified on the basis of the wage for professionals and the costs involved by the parties to the agreement in the contract multiplied by the actual working time (by month, week, day, hour).
-The expenses in addition to wage for professionals including: travel expenses, office rental, survey work and other reasonable expenses.
DD) Reviews the contract according to the percentage (%) is calculated according to the percentage (%) of the value of the work or the value of the workload. When contracting parties fulfilling all the obligations under the contract, on the subcontract payment for contracting party the amount by the percentage (%) was determined in the contract multiplied by the value or volume of work values.
4. in a construction contract has a lot of work that corresponds to the type of the contract price, then the contract can apply mix reviews the contract as stipulated in paragraph 3 of this article.
5. the contract Price is determined as follows: a) the case of tender shall be based on the winning bid price and contract negotiation results between the parties;
b) where specified bid shall be based on the estimation, the prices package is approved, the proposed price and contract negotiation results between the parties.
Article 16. Ensure the implementation of the construction contract and the guarantee contract advance 1. Ensure the implementation of the contract is that the Contractor made a party in the escrow deposits, measure or submit letters of guarantee to ensure implementation of its obligations in the duration of the contract.
2. Ensure the implementation of the contract must be submitted to the subcontract prior to the time the contract in force, is the acceptance and must subcontract party lasted until the switch to perform the obligation of warranty; excluding construction consulting contracts and construction contracts in the form of self-realization.
3. where the Contracting Party is the associate contractor then each Member must submit the guarantee contract fulfillment to the subcontract, the guarantee corresponds to the ratio of the value of the contract in which each Member performs. If the partnership agreement associate head contractor submit the secure implementation of the contract, the contractor who heads the partnership filed for secured party subcontract, each Member submitting taken security contract for head contractor partnership corresponding to the value of the contract by themselves make unless the parties have agreed otherwise.
4. The value taken security contract set forth in the tender or the request profile and a maximum of 10% of the contract price; the case to prevent high risk values ensure the implementation of the contract may be over but not exceeding 30% of the contracts and The investment decision must be approved.
5. the Contracting Parties do not get back guaranteed implementation of the contract in the case refused to perform the contract after contract in force and the violations set forth in the contract.
6. the party subcontract must be returned to the Contracting Parties to ensure the implementation of the contract when the Contracting Parties have switched sides and warranty obligations subcontract received guaranteed warranty.
7. advance guarantee contract (case of the parties to the agreement must have the guarantee of advance payment): a) before the party subcontract made the advance contracts for Contracting Parties, the contracting party must submit to the subcontract guarantee advance contract with a value equivalent to the amount of the advance; the case is the Contracting Party associate contractors, then each Member of the partnership must submit to the subcontract guarantee advance contract with a value equivalent to the amount of the advance to each Member;
b) value of the guarantee contract in advance will be deducted proportionally from the reduced value of the advance through each payment under the agreement of the parties.
Article 17. Advance construction contract 1. Advance construction contracts is the budget which subcontract to Contracting Parties to implement the work under the contract.
2. The advance contract was made right after the construction contract in force and the parties delivered the bid has received the advance guarantee (if any).
3. The extent of the advance, the time of the advance and the recovery of the advance must be agreed in the contract.
4. the minimum advance Levels are defined as follows: a) for consultancy contract is 25% of the contract;
b) contract for the construction of works:-10% of the contract price for the contract worth over 50 billion;
-15% of the contract price for contracts worth from 10 billion to 50 billion;
-20% of the contract price for the valuable contracts under 10 billion;
c) for a contract to provide technology equipment, EPC contracts, turnkey contract and other construction contract type: 10% of the contract price.
5. the maximum advance Rate is 50% of the contract price, the special case they must be people who decide to invest.
6. Advance payment was starting to recover from the first payment, recovery level each time by the two parties consistent scoring in contract, ending the recovery when the payment value reaches 80% of the contract.
The owner is responsible, along with the contractor calculates reasonable advance level, managing the use of advance capital for your purposes, the right audience, effectively. Prohibits the advance without use or use of capital is not the correct response. Advance capital case has not recovered but not use or use on the other, the owner is responsible for the recovery.
7. for the production of precast products, great value, some of the material are reserved for seasonal party subcontract, Contracting Parties to the agreement and advance plans advance level to ensure progress on the implementation of the contract.
Article 18. Construction contract payment 1. The payment of construction contract must match the type of the contract, the price of the contract and the conditions in the contract that the parties signed.
2. The parties agreed in the contract for the payment, the billing period, the time of payment, payment period, payment records and payment conditions.
3. the party subcontract must be paid in full (100%) of the value of each payment to the contractor after it has reduced the advance warranty, money works under the agreement in the contract, unless the parties otherwise.
4. for package deal: a payment according to the percentage of the contract price or the price of works, projects, the workload corresponding to the payment phase where the parties have agreed in the contract, when the payment does not require certified volume completed details.
5. for contracts under a fixed-price menu and price adjustment: are made on the basis of the actual volume completed (including the volume increases or decreases, if any) are and the price in the contract or unit price adjusted by sliding the price according to the contract agreement.
6. for contracts from time to time the payment shall be as follows: a) costs for experts is determined on the basis of the wage for professionals and the costs involved by the parties to the agreement in the contract multiplied by the actual work time was (by month, week , date, time).
b) expenses in addition to wage for professionals, the payment according to the method specified in the contract.
7. With regard to the contract according to the percentage (%): payment in proportion (%) of the contract price. The percentage (%) for the payment by the parties to the agreement in the contract. When contracting parties fulfilling all the obligations under the contract, on the subcontract payment for contracting party the amount by the percentage (%) value or the value of work completed are stipulated in the contract.
8. for contract use mix reviews the contract referred to in paragraph 4 to article 15 of this Decree, the payment must be made to correspond with the type of contract.
9. The payment of the volume (contracts) have yet to have the unit price in the contract, follow the additional agreement to the contract which the parties agreed before and are consistent with the provisions of the relevant laws.
10. Time limit for payment of the payment deadline by the parties to the agreement but not more than 14 business days from the date of delivery of the bidding parties get enough valid billing records by agreement in the contract and are specified as follows: a) within a period of seven (7) working days from the date of the application a valid payment proposals of contractor , the owner must complete the procedure and recommended transfer payment agencies to allocate, for loans;
b) within seven (7) working days from the date of the application for payment of the owner, the agency allocated, for loans to transfer enough of the value of the payments to the contractor.
Article 19. Payment profile construction contract 1. Payment profile construction contract due to Contracting Parties establish consistent with each type of construction contract, reviews contracts and agreements in the contract. Payment profile (including the form if applicable) must be clearly stated in the construction contract and subcontract parties must be confirmed.
2. contract payment profile includes the following principal documents: a) for package deal:

-The minutes of trials completed volume in the period of payment of subcontract party representative or consulting representative (if any) and representatives of Contracting Parties; the minutes of this mass test is a confirmation of completed works, projects, the volume of work consistent with the scope of work to be done by contract (for the construction contract consistent with the scope of work should follow the design; contract with advice consistent with the Advisory mission to perform) without the need to confirm the volume complete details;
-The spreadsheet value (if any) incurred outside the contract signed confirmation of representation subcontract or consulting representative (if any) and representatives of Contracting Parties;
-Recommended for payment of the bid needed to show content: complete value according to the contract, the value of the volume of the work arises (if any), reduced the advance billing suggested values, in the period after already clearing the provision of representation subcontract and representatives of Contracting Parties.
b) for contracts under the fixed-price menu:-the minutes of testing the actual complete (increase or decrease compared with the volume according to the contract) in the period of payment of subcontract party representative or consulting representative (if any) and representatives of Contracting Parties;
-Spreadsheets for values not available price in the contract (if any), in which the need expressed in both volume and unit price for this job of representing the party subcontract or consulting representative (if any) and representatives of Contracting Parties;
-Recommended for payment of the bid needed to show content: complete value according to the contract, the value of the volume of the work arises (if any), reduced the advance billing suggested values, in the period after already clearing the provision of representation subcontract and representatives of Contracting Parties.
c) with respect to the contract according to the price adjustment:-the minutes of testing the actual complete (increase or decrease compared with the volume according to the contract) in the period of payment of subcontract party representative or consulting representative (if any) and representatives of Contracting Parties;
-The spreadsheet the unit cost was adjusted due to sliding prices (also called unit price payment) under the agreement in the contract certified by the representative party subcontract or consultant representative (if any) and representatives of Contracting Parties;
-Spreadsheets for values not available price in the contract (if any), in which the need expressed in both volume and unit price for this job of representing the party subcontract or consulting representative (if any) and representatives of Contracting Parties;
-Recommended for payment of the bid needed to show content: complete value according to the contract, the value of the volume of the work arises (if any), reduced the advance billing suggested values, in the period after already clearing the provision of representation subcontract and representatives of Contracting Parties.
d) for contracts from time to time:-the minutes of trials "real working time or the table (by month, week, day, hour) correspond with the results of the work during the payment period certified by the representative party subcontract or consulting representative (if any) and representatives of Contracting Parties. The case, in the implementation process have derivative work need additional experts in the contract not yet have remuneration for experts, the right agreement and uniform remuneration levels before implementation. Meanwhile, the payment record must have the spreadsheet values the work arises (if any) beyond the scope of the work is done under contract and the parties are represented: subcontract or consulting representative (if any) and the Contracting Parties;
-The proposal of payment should the content: the value completed under the contract, the value for the work incurred (if any), reduced the advance billing suggested values, in the period after already clearing the provision of representation subcontract and representatives of Contracting Parties.
DD) with respect to the contract according to the percentage (%):-the minutes of trials complete workload during the period of payment certified by the representative party subcontract or consulting representative (if any) and representatives of Contracting Party; the minutes are determined based on the records, documents or products that are Contracting Parties have complete subcontract party confirm that corresponds to the period (time) of the payment which the parties have agreed in the contract;
-Spreadsheet for value (if any) arising outside the scope of the work is done by contract certified by the representative party subcontract or consulting representative (if any) and representatives of Contracting Parties;
-Recommended for payment of the bid needed to show content: complete value according to the contract, the value of the volume of the work arises (if any), reduced the advance billing suggested values, in the period after already clearing the provision of representation subcontract and representatives of Contracting Parties.
e) for the construction contract have work equipment supply, the complete volume is determined based on the Bill of lading or the Contracting Party; the minutes of trials, delivery of equipment, certificates of origin and other documents, other relevant documents.
3. for combined construction contract price the contract, payment profile for each type of contract made under the respective regulations referred to in paragraph 2 of this Article.
Article 20. The currency and payment type construction contract 1. The currency used for payment of the construction contract is Vietnam coins; the case of the use of foreign currency for payment, then the parties to the agreement but are not contrary to the provisions of the law.
2. in a construction contract containing the work requires payment by many different coins, then the parties must clearly agreement in the contract but must ensure the principle of payment currency matching requirements of the tender dossier or dossiers (cases indicated the bid).
3. Forms of payment may be in cash, wire transfer and other forms due to the parties to the agreement in accordance with the law and must be stated in the contract.
Article 21. Settlement construction contract 1. Contract settlement is the determination of the final value of the construction contract that subcontract party responsible for payment to the contractor when contracting parties to complete all the work under the agreement in the contract.
2. contract settlement record due to Contracting Party established by contract type and contract price. The content of the settlement profile construction contract must match the contractual agreement, which includes the following documents: a) the minutes of trials completed the entire work in the scope of the contract;
b) A confirmation of the value the workload incurred (if any) beyond the scope of the contract;
c) settlement value spreadsheet construction contract (called the settlement A-B), which stated the payment and the remaining value that the party responsible for payment of subcontract for the Contracting Parties;
d the complete profile), the diary of the construction works contract for the construction work;
DD) other documents agreed upon in the contract.
3. delivery deadlines submission of contract settlement by the parties to the agreement but not the sixty (60) days from the date of collecting complete whole content needs to follow the contract, including the work incurred (if any); cases of large-scale contracts then allowed extended time limit of delivery contract settlement submission not to exceed one hundred and twenty (120) days.
Article 22. Liquidate construction contract 1. Construction contracts are liquidated in the case: a) the parties to fulfill the obligations under the signed contracts;
b) construction contract was terminated (aborted) under the provisions of the law.
2. The liquidation of the contract must be completed within a period of forty-five (45) days from the date the parties to the contract to fulfill the obligations under the contract or the termination of contract (cancel) according to point b of paragraph 1 of this article; for large scale contracts then the liquidation of the contract be made within a period not exceeding ninety (90) days.
Section 4 RIGHTS and OBLIGATIONS of the PARTIES to the CONTRACT to Build 23. General rights and obligations of the Contracting Party and subcontract party 1. The rights and obligations of the parties to the construction contract because the parties agreed in the contract and in compliance with the provisions of the law.
2. the party subcontract must be Contracting Party, notice in writing to the other party about the rights and responsibilities of the representative to manage the implementation of the contract. When the parties change the representative to manage the implementation of the contract, they must notify the other party know in writing. Private contracting parties case change representative to manage contract implementation, key personnel must be approved by the side of the subcontract.
3. Depending on the specific type of contract, the rights and obligations of the Contracting Parties, the Contracting Parties the communication also specified in articles 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33 of this Decree.
Article 24. The rights and obligations of party affairs consultation 1. Rights of party affairs consultation: a) ownership and use product advice;
b) refuse collecting consulting product quality according to the contract;
c) check the quality of the work of the Contracting Parties but not impede the normal operation of the Contracting Parties;
d) other rights prescribed by law.
2. The obligation of the Party Affairs consultation: a) the Contracting Parties give information about job requirements, documents and the means necessary to perform the work (if there is agreement in the contract);
b) guaranteed rights for product advice have copyrights under the contract;
c) addressed the petitions of the bid by the authority in the course of performing the contract not to exceed seven (7) working days from the date of receiving the recommendations of the Contracting Parties. After this time period if the subcontract is not resolved that there is no reason to harm the party contracting party subcontract must absolutely responsible and compensation (if any);

d) payments to parties contracting according to the payment schedule agreed in the contract;
DD) other obligations prescribed by law.
Article 25. Rights and obligations of the Contracting Parties the consultant 1. Contracting Party's right to counsel: a) the subcontract provides information, documentation relating to the Advisory missions and means of work (if there is agreement in the contract);
b) is proposed to change the condition to provide consulting services for the benefit of the party subcontract or when the discovery of factors influencing product quality of counseling;
c) refused to work unreasonable outside contracts and the unlawful request of party subcontract;
d) guaranteed rights under the provisions of the law (for those products are copyrights);
DD) other rights prescribed by law.
2. The obligation of consultation: a) complete the work on schedule, the quality agreed upon in the contract;
b) for contract design: join the same construction company owner under the provisions of the law on the management of the quality of construction works, the author supervision, answered the relevant content to the profile design at the request of the owner;
c) preserved and handed back to the subcontract of the materials and means of working party subcontract contract offer after the completion of the work (if any);
d) immediately notify in writing the parties to subcontract on the information, the documentation is not complete, the media does not guarantee the quality of work to complete the work;
DD) Keep secret information related to consulting services that contract or prescribed by law.
e) other obligations prescribed by law.
Article 26. The rights and obligations of parties to subcontract the construction works 1. Rights of parties to subcontract the construction: a) suspend construction works and remedial requirements when contracting parties infringing the regulations on quality, safety, environmental protection and prevention of fire and explosion;
b) quality control of performed work, outsourcing of manufacturing base Contracting Parties but not impede the normal operation of the Contracting Parties;
c) other rights prescribed by law.
2. The contractor's subcontract the construction party: a) subcontract side case is that the owner must then apply for a building permit under the regulations;
b) hand over the entire or partial side by side for construction management contractor, use the match schedule and the terms of the contract;
c) Elections and reported in writing to the Contracting Party of main human participation in the management and implementation of the contract;
d) timely provision of design profile and related documents, materials (if any) under the agreement in the contract and the provisions of relevant laws;
DD) payment for Contracting Party according to the payment schedule in the contract;
e) Organization oversees the construction works;
g) examine measures to ensure occupational safety, environmental protection, prevention of fire and explosion of the contractor;
h) trials, payment, contract settlement on time as prescribed;
I) cases, individual institutions hire offers consulting services to specify the duties and powers of the consultant;
k) consider and approve promptly in writing the proposals related to the design, construction and contracting party in the course of the construction works;
l) other obligations prescribed by law.
Article 27. Rights and obligations of the Contracting Parties the construction works 1. The right of the Contracting Parties the construction: a) is entitled to propose to subcontract volume arising out of the contract; refuse to perform work beyond the scope of the contract without the two sides and the unlawful request of party subcontract;
b) changed the measure of construction after the party subcontract approval aims to accelerate progress, ensure the quality, safety, efficiency works on the basis of the price of the contract has been signed;
c) is entitled to request the parties to subcontract the payment of interest by paying in accordance with the contractual agreement; are claiming damages when the party subcontract slow handover of premises and other damages due to the fault of the party subcontract cause;
d) other rights as provided by the relevant law.
2. obligations of the Contracting Parties the construction: a) provides manpower, materials, machinery, construction equipment and other related physical conditions adequate number and type; construction drawing design (case contracting parties implement the construction drawing design) to perform the work according to the signed contract content;
b) receive and manage using the building, preserving the heart, essence, boundary works;
c) construction according to project standards, design, standards, building standards, quality assurance, schedule, safety, environmental protection and prevention of fire and explosion;
d) log construction works;
DD) auditing, materials testing equipment, construction products according to the regulations of the State on quality management of construction works, project standard, the standard rules and standards;
e) manage a construction workers, ensuring the safety, security and order, does not affect the surrounding neighborhoods;
g) Established measures for the Organization of construction, complete the profile, join the company;
h) is responsible for the quality of construction works by themselves. Fix errors in the works for the construction of his work;
I) coordination with other contractors performed on the market;
k) periodically report to the parties to subcontract on construction progress, manpower and equipment to the construction works;
l) move materials, machinery, equipment and other property of themselves out of the market after the work has been delivered, except in the case of contract agreement;
m) repaid by the agreement in accordance with the contract;
n) confidentiality of information relating to the contract or prescribed by law;
o) other obligations prescribed by law.
Article 28. The rights and obligations of parties to subcontract to provide technology equipment 1. Provide the information, documents, premises and installation of equipment for the Contracting Parties.
2. Cooperation with the Contracting Party in the course of training, technology transfer, guide installation, use, operation.
3. acceptance and rejection have the right not to accept delivery of equipment, not true to the agreement in the contract on the number, quality, type and origin.
4. in case the party subcontract design technology for the Contracting Parties party subcontract must bear full responsibility for the quality and intellectual rights of this design.
5. The rights, other obligations prescribed by law.
Article 29. Rights and obligations of the Contracting Parties to provide the production equipment 1. Delivery of equipment to the proper subcontract agreement in the contract on the number, quality, place, time, manner of packing, preserving, origin and other agreements in the contract.
2. Give full subcontract party the necessary information about the technology equipment; Guide to installation, use, operation, maintenance, equipment maintenance technology; training managers and workers to operate using the work (if there is agreement in the contract).
3. Along with the party subcontract operators try technology equipment.
4. About intellectual property for technology equipment: a) technology equipment due to the Contracting Party provided to ensure intellectual property rights. Non-Contracting Parties are provided with the equipment, the violation of intellectual property rights. Contracting Parties should bear full responsibility in the event of any dispute relating to intellectual property rights for the technology equipment provided;
b) where equipment is under design mode or according to the figures provided by the party, the party receiving the subcontract bid is not responsible for complaints concerning the violation of the intellectual property rights arising from the technology equipment;
c) The parties to the contract must be responsible in case of not immediately notify the other party knows the third party claims of intellectual property rights for the technology equipment after knew or should have known about the claims.
5. The rights, other obligations prescribed by law.
Article 30. The rights and obligations of party affairs EPC 1. EPC delivery party rights: a) refused to accept the product quality; No trials of the technology equipment is not correct with the agreement in the contract on the number, quality, type, origin and the products infringe intellectual property rights;
b) examined the implementation of the work of the Contracting Parties according to the content of contracts signed but not impede the normal operation of the Contracting Parties;
c) suspended the implementation of the work under the contract and the remedial requirements when contracting parties implement the work violates the content was signed in the agreement or the regulations of the State;
d) require Contracting Parties to hand over the records, documents relating to the product of the contract according to the content of the contract was signed;
DD) reviewed, approved the list of subcontractors eligible capacity is not yet in EPC contract according to the recommendations of the Contracting Parties;
e) other rights prescribed by law.
2. Obligations of parties to EPC delivery: a contracting party payment) under the payment schedule agreed in the contract;
b) and notice in writing to the Contracting Party of main human participation in the management and implementation of the contract;
c Contracting Parties) provide information, documents and the means necessary to perform the work (if there is agreement in the contract);
d) testing, due diligence, timely approval design, engineering, construction drawing design of the works, the projects as specified;
building permit) as a rule, delivered side by side to the contractor according to the progress of implementation of the contract;
e) monitoring the implementation of the work under the contract signed content; check the measures ensuring occupational safety, environmental protection, fire prevention regulations;

g) agreement with the Contracting Party of bid shopping technology equipment (if there is agreement in the contract);
h) trials, payment, contract settlement on time as prescribed;
I) guaranteed rights for product advice;
k) Organization of training managers and workers to operate using the work;
l) other obligations prescribed by law.
Article 31. Rights and obligations of the parties receiving the EPC 1. EPC contracting party rights: a) requires parties to subcontract to provide information, materials and means of work (if there is agreement in the contract) relevant to the work of the contract according to the content of the contract was signed;
b) is proposed to subcontract jobs arising outside the scope of the contract; refuse to perform work beyond the scope of a contract signed when the two sides have not been uniform or the unlawful request of party subcontract;
c) organize, manage, execute the work according to the signed contract content;
d) other rights prescribed by law.
2. obligations of the parties receiving the EPC: a) provide sufficient manpower, materials, machinery, equipment and facilities necessary to perform the work under the contract;
b) receiving, managing, preserving, handing back the documents, by means of subcontract party offers (if you have agreed in the contract);
c) inform Parties about the subcontract information, incomplete documentation, means work is not guaranteed to affect the implementation of the work under the contract has been signed;
d) confidentiality of information relating to the contract in accordance with the agreement in the contract or prescribed by law;
DD) work under contract to ensure safety, quality, progress and other agreements in the contract;
e) design (design, engineering, construction drawing design) the categories of works, the main works of the project package match the basic design or design of FEED and the owner held the appraisal, approval;
g) organize the procurement, construction and provision of equipment meet the requirements of technology and progress of implementation of the contract; the choice of subcontractors (if any) through a tender or the tender specified process the owner approval; Agreement and consistent with investor about bid content stores the equipment technology (if there is agreement in the contract);
h) Organization of training managers and workers to operate using works, technology transfer and technical service (if there is agreement in the contract);
I) made the work test, calibrate, operate the test run sync works and hand over the completed works to the subcontract agreement in accordance with the contract and in accordance with the current legislation;
k) ensure the products by themselves provide does not violate the intellectual property rights in accordance with the law;
l) hand over the records, documents relating to the product of the contract for the delivery of bids according to the content of the contract was signed;
m) other obligations prescribed by law.
Article 32. Rights and obligations of the parties delivered turnkey contract bid in addition to the rights and obligations provided for in article 30 of this Decree, the party subcontract in turnkey contract is also obliged to accept projects built to process The decision of investment appraisal, approval or appraisal approval, according to the authority.
Article 33. Rights and obligations of the Contracting Parties the contract key in addition to the rights and obligations prescribed in article 31 of this Decree, the parties contracting turnkey contract are also obliged to establish investment projects in construction, protected the project along side the previous contractor Who delivered the decision of investment and improve the project at the request of the party delivered the bid suit the agreement in the contract.
Section 5 PRICE ADJUSTMENTS and ADJUST the CONTRACT CONSTRUCTION of Article 34. The principle of price adjustment and adjustment of construction contract 1. The price adjustments and adjust construction contract apply only during the duration of the contract according to the signed contract. When the price adjustment and construction contract (contract price after adjustment) are not made beyond the total investment approved, the owner is entitled to the adjustment decision, the case goes beyond the total investment approved, they must report the authority allowing investment decisions.
2. for package deal, only adjusted for the volume of additional work beyond the scope of the signed contract (for the construction contract is outside of the scope of work should follow the design; for consultancy is located outside counseling are done).
Article 35. Adjust the volume of work in the construction contract 1. The workload in building contracts only to be adjusted in the following cases: a) for package deal and contract according to the percentage (%): case of logical tasks arising outside contract signed (the contract for the construction of the mass is outside the scope of the work should follow the design; for consultancy is the volume outside consultant to perform). In this case, when adjusting the volume without changing the investment objectives or not exceeding the total investment approved, the owner and the contractor calculates, the agreement and the signing of the contract Supplement Addendum; the event made a total investment exceeding approved must be competent to decide, review investment decisions; the case of the agreement was not the mass of the work arises which will form the new package, the selection of contractors to make this package according to the current regulations;
b) for contracts under a fixed-price menu and price adjustment: the case of the actual volume of completed trials less than or more than the volume in the signed contract of payment according to the actual complete trials;
c) for the contract by time: the case of the actual time less than or more than the time according to the contract signed that Contracting Party has made the payment according to the actual time Contracting Party has done.
2. for the masses arising outside the scope of a contract signed without having the unit price in the contract, the parties to the contract must unify the unit cost to perform this work before.
Article 36. Construction contract price adjustment 1. The adjustment of the contract price only applies to contracts under a fixed unit price, unit price adjusted and contract over time. In the construction contract of the parties to the agreement are case specific price adjustment contract, order, range, method and base contract price adjustment; contract price adjustment method must match the type of the contract price, the nature of work in the construction contract.
2. The contract price adjustment is made through the adjusted unit cost, adjust volume and are specified as follows: a) the case workload incurred greater than 20% of the corresponding workload recorded in the contract or the volume incurred not have unit price in the contract then the unified party identified a new unit price according to the principles of the agreement in the contract on the price per unit mass;
b) where the volume of generated less than or equal to 20% of the corresponding workload recorded in the contract, the application of the price in the contract, including the price has been adjusted according to the terms of the contract (if any) for payment;
c) for single fixed price contracts and contracts over time, when the price of fuel, supplies, equipment by State price stabilization measures applied under the provisions of the Ordinance are abnormal fluctuations in price or when the State tax policy change, influence wages directly to the contract price shall be adjusted unit price if allowed to decide their level of investments and the parties have agreed in the contract;
d) with respect to the contract according to the adjusted unit price, the unit price in the contract are adjusted according to the method of guidance in paragraph 3, 4 this for the volume of work at the time of signing the contract, subcontract and parties contracting parties committed to adjust the price by slipping after a certain period of time from the date the contract takes effect.
3. The method of adjusting the construction contract price: a) the application of the price adjustment method must be compatible with the nature of work, type of contract and the price must be agreed in the contract;
b) database to calculate the adjusted price must match the content of the work in the contract. In the contract must be specified using the information sources or the sources of the price index of State Agency has the authority to adjust the price according to the following formula: GTT = GHĐ x Pn in that:-"GTT": is the price corresponding to the volume of work completed was test-"GHĐ": is the price in the contract corresponds to the volume of work accomplished.
-"Pn": the adjustment coefficient (increase or decrease) is applied to the payment of the contract with respect to the volume of work completed are collecting around the time of "n".
4. Ministry of construction method of specific instructions to adjust price construction contract.
Article 37. Adjust the construction contract 1. Adjust the contract includes adjustable volume, price adjustment contract, adjustment of contract progress and other contents (if any) which the parties have agreed in the contract.
2. When adjusting the construction contract does not alter the investment objectives or not exceeding the total investment approved, the owner is entitled to decide; the case changes the investment objectives or exceed total investment approved, they must be people who have the authority to allow investment decisions.
Article 38. Tuning progress construction contract 1. In the construction contract of the parties to the agreement on the case is to adjust the tempo. The case of the time limit for completion of slower than the progress of the contract the parties must confirm clearly the responsibilities of each party for the damages due to the slow progress of the cause.
2. The progress of implementation of the contract is adjusted in the following cases: a) due to the effects of the earthquake, storm, flood, floods, tsunamis, fires, pest or other unforeseen events;

b) to change the scope of work, design, execution measures required by the subcontract parties affect the progress of implementation of the contract;
c) due to the handover of premises does not meet the contractual agreement, the related procedures affect the progress of construction contracts which are not the fault of the Contracting Parties.
3. When adjusting the progress of contract does not perpetuate the progress and completion of the project, the owner and the contractor agreement and unified regulating. Cases adjusted contract progress perpetuate progress and completion of the project, the owner must report The investment decision to review the decision.
ITEM 6 SUSPENSION, termination, rewards, PUNISHMENT DUE to BREACH OF CONTRACT CONSTRUCTION of Article 39. Suspend work in construction contract 1. The situation was temporarily stopped work in the contract, the right to be suspended; the order procedure is suspended, the level of compensation for damage caused by suspension must be party subcontract agreement Contracting Parties and in the construction contract.
2. construction contracts are suspended in the following cases: a) subcontract Side decided to stop work in construction contract when contracting parties do not meet the requirements of quality, safety and progress according to the contract signed;
b) Contracting Party made the right to suspend work in construction contract when the party subcontract non-payment to the contractor so 28 days from the expiration date of payment as defined in paragraph 10 Article 18 decrees, unless the parties have agreed otherwise.
3. Before a party to suspend work in the contract, they must notify the other party know by text, which stated the reason for suspension; party subcontract, on the contractor must have the same responsibility to negotiate resolution to continue to make the right deals were concluded, except in cases of force majeure.
Article 40. Terminate the construction contract 1. These situations be terminated the contract, the right of termination; the order procedure is terminated, the level of compensation for damage caused by the termination must be agreed in the contract for construction.
2. Each party has the right to terminate the contract without compensation in the cases specified in paragraphs 7 and 8 of this Article.
3. in case of suspended that offending party does not remedy his error in the time the parties agreed that there is no reason the parties pause has the right to terminate the contract.
4. where a party unilaterally to terminate the construction contract that is not the fault of the other party, the party that caused the termination of the contract to the other party for damages.
5. Before a party to terminate the contract shall notify in writing to the other party before a certain time period agreed upon in the contract but not less than twenty-one (21) days and which must specify the reason for termination of the contract. If the termination of the contract does not notice that cause damage to the other party, they must compensate the damages to the other party.
6. construction contracts are no longer in force since the time of termination and parties must complete the procedure of liquidation of the contract within the time period agreed upon in the contract, but not exceeding 45 days from the date of termination of the contract. In addition to this time if a party does not do the procedure for liquidation of the contract, the other party is decide the liquidation of the contract.
7. bid delivery Party the right to terminate the contract in the following cases: a bankrupt Contracting Parties) or transfer the benefit of the construction contract to his creditor without the consent of the parties to subcontract.
b) Contracting Party refused to perform the work under the contract or 45 consecutive days do not perform the work under the contract, except in cases allowed by the side of the subcontract.
8. Contracting Parties have the right to terminate the contract in the following cases: a) on the subcontract being bankrupt or dissolved.
b) 45 days After the work was stopped due to the fault of the party subcontract, unless the parties have agreed otherwise.
c) subcontract Party does not pay for the following Contracting Parties 45 days from the day the party subcontract receive enough valid billing records, except where the parties have agreed otherwise.
9. After two (2) days from the time of the termination of construction contract, Contracting Parties must move the entire supplies, manpower, machinery, equipment and other property owned by the school themselves out, if after this period the Contracting Party has not made the move, the parties have the right to subcontract for the disposal of this property.
Article 41. Contract award, contract violations 1. The award of contract, contract violations must be specified in the contract; the level of reward, punishment by the parties to the agreement itself but are consistent with the provisions in paragraph 2 of this Article.
2. bonus Levels not to exceed 12% of the value of the portion of the contract benefit, the fine does not exceed 12% of the value of the contract was breached. Bonus resources are taken from the part of profits due to the early works of quality assurance on use, exploitation or from saving the expenses reasonably to perform the contract.
Article 42. The liability due to breach of construction contract in addition to the liability due to breach of contract provided for in this Decree and relevant laws, the Contracting Parties, subcontract parties also must take responsibility due to breach of contract particulars are as follows: 1. the Contracting Party must compensate the subcontract parties in the following circumstances : a) the quality of work does not guarantee with the agreement in the contract or extend the completion by the Contracting Party caused the error;
b) Contracting Party causes lead to harm to persons and property during the warranty period.
2. the party subcontract must compensate the Contracting Parties in the following cases: a) subcontract party causes leading to work according to the contract the aborted Midway, made slow, stop work, risk, coordinating machinery, equipment, materials and structures for stagnant Contracting Parties;
b) subcontract to provide documentation, necessary conditions for the work does not meet the contractual agreement, Contracting Parties must make back construction, suspension or alteration of the work;
c) case in contract construction subcontract party regulations to provide materials, equipment, and other requirements that provide the right time and not required under the regulations;
d) Party subcontract must be paying compensation to the contractor according to the interest rate applied to delinquent on the first slow payment due to commercial banks that the Contracting Party published accounts since the first day of payment delay until the party delivered the bid has the full payment to the contractor.
3. where a party does not fulfill the obligation of contract or service contract does not conform with the regulations after service or repair measures have to be responsible for compensation of losses if the other party also suffered other losses, compensation of losses are equivalent to the level of the losses of the other side.
4. If a party's breach of contract due to causes of offending parties, third parties must incur responsibility for breach of contract before the other party. The dispute between the parties in violation with the 3rd party is resolved in accordance with the law.
5. If the violation of the contract by either party to the assault of the body, the rights, the property of the other party, the party has compromised the right to request the other party to incur responsibility for breach of the contract by agreement in the contract and the relevant law.
Section 7 COMPLAINT and DISPUTE RESOLUTION CONSTRUCTION CONTRACT Article 43. Complaints in the process of implementation of construction contract 1. Complaints in the process of implementation of construction contract in this Decree is understood when one party discovered the other party done or not done in accordance with the obligations of the contract shall have the right to require the other party to make the right content signed contract. When that party had the right to complain the other party about this content.
2. When a party claims the other party must then give the bases, specific evidence to clarify the content of the complaint.
3. Within 30 days from when the content does not conform with the contract signed, the parties discovered must immediately notify the other party about the content there and complain about the content. Beyond this period, if no party would have a complaint then the parties must follow correctly the agreements signed.
4. Within 30 days of receiving the complaint, the party receiving the complaint must take out the base, citing about the content for that the claims of the other party is inconsistent with the contract signed, if the base and evidence is not convincing, logical not to accept the other party's complaint. Outside of this time period if the party receiving the complaint had no idea then regarded as approved with the content of the complaint by the other party.
5. The claims of each side must be sent to the correct address of transaction or Exchange address information that the parties have agreed in the contract.
Article 44. Dispute resolution construction contract 1. The responsible party to negotiate a settlement on the basis of the content of the contract was signed. Case of non-agreement was reached between the parties, the settlement of disputes be made through mediation, arbitration or court under the provisions of the law.
2. where the parties to a contract have agreed the contract dispute resolution through mediation, the mediation organisation or agency may be the parties stated in the contract or determined after the dispute occurred.
3. where a party does not agree to the conclusion of mediation shall have the right to propose arbitration or court; procedure to resolve disputes in arbitration or a court made under the provisions of the law.
4. The arbitration proposal deadlines or time up the court dispute resolution construction contract is two years from the date of the rights and legitimate interests of parties being violated.
5. The contract was void, termination does not affect the validity of the terms of dispute resolution.
ITEM 8 OTHER CONTENTS of 45 Thing CONSTRUCTION CONTRACT. Insurance and warranty according to construction contract 1. A insurance) insurance of construction works due to investor buying. Cases, this premium has already been calculated into the price of the contract, the Contracting Parties make buying insurance works according to the rules;

b the Contracting Party) to make buying the necessary insurance (insurance, equipment insurance against third party) to secure their activities under the provisions of the law.
2. Warranty a) Contracting Party responsible for maintenance works, maintenance of equipment in accordance with the contractual agreement. The warranty works are defined as follows:-for the special supply and level I: the warranty period of not less than 24 months from the date the owner sign trials put the work into use, the warranty is 3% of the contract value.
-For the remaining works: the warranty period of not less than 12 months, the level of warranty is 5% of the contract value.
b) ensure warranty can make in the form of guarantee or other form of agreement by the parties;
Contracting Party c) only be refunded guarantee warranty works after the end of the warranty period and was the owner of confirmation has completing maintenance work;
d) During the warranty period, the contracting parties must make the warranty within twenty-one (21) days from the date of the notice of repair parties subcontract; During this period, if the contractor does not proceed with the subcontract party warranty has the right to use the money to hire maintenance organization, the other individual fix.
Article 46. Subcontracting contracts 1. Main contractors or general contractor contract can have more extra bidding contracts. When signing the contract, the principal contractor or sub-contractors general contractor must follow the following rules: a) for subcontractors is not in the list of the attached contract subcontracting must be approved by owner, except where the parties have agreed otherwise.
b) contractors or general contractor is responsible to the client about the progress, quality, occupational safety, environmental protection and its flaws and the work performed by subcontractors;
c) contractors or general contractor not be handed back the entire contract work for subcontractors perform.
2. the subcontractors appointed by the owner (if any).
a) subcontractors appointed by the owner as a contractor be the owner specified for the main contractor or contractors hired as subcontractors to perform certain specialized part contains highly technical requirements or when the main contractor, general contractor did not meet contract progress made after the owner asked.
The parties to the contract are the specific agreement of the situations the owner assigned subcontractors;
b) main contractor or contractor has the right to reject the subcontractors appointed by the owner if the work of the main contractor or general contractor, sub-contractors are implemented in compliance with the agreement in the contract or have adequate basis for that subcontractors do the owner specified does not meet the requirements under the contract.
3. The owner may direct payments to subcontractors on the basis of the payment to the main contractor or general contractor, this case is the right of the main contractors in contract agreement.
Article 47. Occupational safety, environmental protection and fire prevention 1. The responsibilities of the parties regarding occupational safety must be agreed in the contract and are defined as follows: a building contractor) must set up safety measures for people and works on the construction site, including the surrounding buildings. Safety measures in cases involving multiple parties must be the party of unity;
b) safety measures, safety regulations have to be made public on the construction site so that people know and obey; the dangerous position on the right layout guide, alert to prevent accidents;
c) building contractor, owner and relevant parties must regularly monitor the work of construction site safety. When found to have violated labour safety to suspend construction. People to happen in violation of labor safety in the scope of its management must be responsible before the law;
d) building contractor is responsible for training, guidelines, common regulations on labor safety for your workers. For some the work of strict labor safety, the workers must have the certificate of safety training;
DD) building contractor is responsible for the fully equipped labor protection, labor safety regulations for workers when employers on construction sites;
e) When there are safety issues, building contractor and the parties concerned have the responsibility to organize the handling and reporting of State administration of safety according to the rules of the law at the same time responsible for remedy and compensation for the damage caused by the contractor does not guarantee safety.
2. Responsible environmental protection construction of each party to the agreement in the contract and are defined as follows: a) the building contractor must implement the environmental guarantee measures for construction workers and protect the environment, including any measures against dust Prevention of noise and mop-up; solid waste, sewage and other waste types must be picked standard processing, environmental technical regulation. For the construction work in urban areas, to implement the measures cover, clean waste brought to the right place regulations;
b) during the transport of building materials, scrap must have shielding measures ensure the safety, hygiene and the environment;
c) construction contractor, the owner must have the responsibility of monitoring the implementation check protection of the built environment, and subject to the supervision of the State Agency on environment. The case of the construction contractors do not comply with the rules on the protection of the environment, the owner, the management authority of the State of the environment has the right to suspend the construction and require contractors to implement environmental protection measures;
d) People to occur acts harming the environment during the construction works to be responsible before the law and compensation for damage caused by his fault.
3. The parties to the construction contract must comply with the current regulations on fire prevention.
Article 48. Electricity, water and security construction in the contract by the parties to the agreement on the right, the obligation of each party in the offer, the payment of the cost of electricity, water and public security markets.
Article 49. Transport technology equipment 1. Contracting Parties must inform the party subcontract at least 21 days on the time of delivery of the equipment.
2. the Contracting Parties are responsible for the packing, loading, transport, warehousing and storage devices, unless the parties have agreed otherwise.
3. the Contracting Party must compensate the subcontract party for damage, losses and costs incurred by the transport of the equipment of the Contracting Parties.
Article 50. Risk and force majeure 1. The risk is the risk of a negative influence on the implementation of the construction contract. In the contract must have content specified responsibilities of the parties about the handling of the risks in the event of each party; the responsibilities of each party in the event of risk. 2. Force majeure is a risk event can not fend off floating when it happened and can't anticipate when contracting building as: earthquake, hurricane, Tornado, flood, floods, tsunami, landslides or volcanic activities, war, disease.
3. When one party crashing into unforeseen situation must notice in writing to the other party as soon as possible.
4. In the contract the parties to the agreement on the handling of force majeure as: notice of force majeure; the responsibilities of the parties with regard to force majeure; termination and payment of construction contract in force majeure cases (if any).
Chapter III the TERMS of the IMPLEMENTATION of Article 51. Effective enforcement of this Decree has effect as from July 1, 2010. From the date of the Decree has effect, the provisions of Decree No. 99/2007/ND-CP on 13 June 2007 by the Government on the contract in construction activities expire.
Article 52. Implementation 1. The construction contract has been made prior to the date of this Decree in force is not required to comply with the provisions of this Decree. The contracts are in the process of negotiating, not yet signed the investment decision to decide the application under the provisions of this Decree.
2. The Build Guide and check the implementation of the provisions of the law of contract in construction activities; guide price adjustment method of construction contracts and other necessary contents of this Decree in order to meet the requirements of the State management of construction contract, announced the sample construction contract.
3. Encourages the organizations and individuals who use the form contract conditions of the International Association of consulting engineers (FIDIC), construction contract template in the establishment and implementation of construction contract.
4. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, heads the political organization, social-political, social-political organizations-career, Chairman of the Board of the economic group, the State corporations and other organizations individuals concerned is responsible for the implementation of this Decree.