Headlines 15/07/2022 16:32 CH

Regulations on contracts of bidding documents under EVFTA

Nhi Võ

The Minister of Planning and Investment of Vietnam has recently promulgated Circular No. 15/2022/TT-BKHDT dated June 30, 2022 elaborating the preparation of bidding documents for construction under the CPTPP, EVFTA and UKVFTA.

Contracts of bidding documents under EVFTA Agreement are prescribed as follows:

- A bidding document must include:

A contract form and detailed terms and conditions of the contract which shall be used as the basis for submission of bids by bidders and negotiation, completion and conclusion of the contract by the parties.

- The contract shall include:

+ General conditions

+ Specific conditions

+ Contract schedule.

Based on each contract package's scale and extent, the investor shall make decisions on amending accordingly.

If necessary, the investor may apply construction contract forms issued by the International Federation of Consulting Engineers (FIDIC) in compliance with domestic laws.

- The contract concluded between the investor with the bidder must comply with the contract form;
Contract’s conditions prescribed in the bidding document and amendments proposed by the bidder may be approved by the investor in the period of negotiation and completion of the contract if they do not contravene:

+ Regulations of laws on procurement;

+ Regulations of CPTPP, EVFTA and UKVFTA;

+ Regulations of relevant laws.

Circular No. 15/2022/TT-BKHDT comes into force from August 25, 2022.

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