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blue-check It is allowable to supplement sub-constructors to ensure progress of EPC tender packages

Official letter No. 4065/BXD-KTXD dated August 20th, 2020 of the Ministry of Construction regarding issues relating to the implementation of Circular No. 30/2016/TT-BXD
Posted: 27/8/2020 9:28:12 AM | Latest updated: 6/9/2020 7:16:41 PM (GMT+7) | LuatVietnam: 5034

VietlawOnline

According to the Ministry of Construction’s opinions, the application of standards to EPC tender packages shall comply with Article 6 of the Law on Construction No. 50/2014/QH13status2 . Accordingly, if in the course of deployment of designs or construction of tender packages, there are changes in applicable standards, the parties shall base on contract, bidding invitation dossier, bidding dossier according to the regulations at Article 6 of the Law on Construction and related regulations in order to adjust to be suitable.

Regarding time limit for appraisal of technical designs of construction projects, investors and constructors shall base on the time limit regulated at Article 59 of the Law on Construction No. 50/2014/QH13status2 and Article 11 of Decree No. 59/2015/ND-CPstatus2 in order to reach agreement suitably, avoiding complaints, lawsuits.

The supplement of sub-constructors in the course of deployment of EPC tender packages, it is required to comply with the regulations at Article 47 of Decree No. 37/2015/ND-CP. Accordingly, in case tasks of main contractor, general contractor fail to meet requirements for safety, quality and contract performance progress, investor may appoint sub-contractors.

Ms Phuong Thao (VietlawOnline.com)
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Related document(s)
blue-check Circular 30/2016/TT-BXD - Mẫu Hợp đồng EPC English attachment
red-check Decree 59/2015/NĐ-CP - Quy định quản lý dự án đầu tư xây dựng English attachment
blue-check Decree 37/2015/NĐ-CP - Quy định mới về hợp đồng xây dựng English attachment
red-check Law 50/2014/QH13 - Luật Xây dựng 2014 English attachment

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