Circular No. 02/2023/TT-BXD dated March 3rd, 2023 of the Minister of Construction on guiding certain contents of construction contracts

This Circular provides guidelines in details on certain contents of the construction contract; payment, advance payment and dossiers on advance payment for construction contracts; adjustments to workloads prescribed in construction contracts; adjustments to progress of construction contracts; adjustments to unit prices and prices of construction contracts.

In principle adjustments to unit prices of construction contracts shall comply with regulations in Article 38 of Decree No. 37/2015/ND-CP which is amended by Clause 14 Article 1 of Decree No. 50/2021/ND-CP.

However, if adjustments to prices of construction contracts result in adjustments and additions to such contracts, appendices must be signed as the basis for adjusting prices of such contracts. Investors shall be responsible for approving or appealing to approve revised and supplementary estimates according to regulations of law on management of work construction investment expenses and construction contracts to be the basis for addition of appendices to such contracts.

Methods for adjusting prices of construction contracts shall comply with instructions in Appendix I enclosed herewith. For time-based consulting contracts (months, weeks, days and hours), adjustments to salary levels for experts shall be made on the basis of the formula for adjusting labor costs specified in section I Appendix I enclosed herewith.

This Circular takes effect from April 20th, 2023.