Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government prescribing in detail construction contracts

THE GOVERNMENT

No. 37/2015/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

Hanoi, April 22, 2015

DECREE

Prescribing in detail construction contracts [1]

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 18, 2014 Law on Construction;

At proposal of the Minister of Construction,

The Government promulgates the Decree prescribing in detail construction contracts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes in detail construction contracts.

2. This Decree applies to organizations and individuals involved in the establishment and management of the performance of construction contracts of the following construction investment projects (including also construction contracts between investors implementing BOT, BTO, BT or PPP projects and contractors performing these projects’ bidding packages):

a/ Construction investment projects of state agencies, political organizations, socio-political organizations, socio-politico-professional organizations, socio-professional organizations, social organizations and units of people’s armed forces, and public non-business units;

b/ Construction investment projects of state enterprises;

c/ Construction investment projects other than those defined at Points a and b of this Clause that use state capital or capital of state enterprises accounting for 30% or more or under 30% but valued at more than VND 500 billion of their total investments;

Organizations and individuals involved in construction contracts of construction investment projects using other capital sources are encouraged to apply provisions of this Decree.

3. For construction contracts of projects using official development assistance (ODA) capital, if treaties to which Vietnam is a contracting party contain provisions different from those of this Decree, provisions of these treaties shall prevail.

Article 2. Interpretation of terms

In this Decree, the terms and phrases below are construed as follows:

1. Construction contract means a civil contract entered into in writing between the principal and contractor for performance of part or the whole of the work in construction investment.

2. Principal means the project owner or its representative, the general contractor or main contractor.

[1] Công Báo Nos 539-540 (06/5/2015)