Vietnam: Contents must be included in the contract for project on promoting private sector involvement in dredging of port waters

A contract for project on promoting private sector involvement in dredging of port waters shall comply with Article 35 of Decree No. 159/2018/ND-CP of Vietnam’s Government and guidelines of Ministry of Construction on construction contracts and following contents specified in Article 28 of Circular No. 35/2019/TT-BGTVT of the Ministry of Transport of Vietnam. In particular:

- Information on parties of the contract (information on legal representatives, titles, address, phone number, account number, fax number, TIN of each party of the contract);

+ Party A: A competent authority according to Article 24 of Decree No. 159/2018/ND-CP;

+ Party B: An investor.

- Objectives and location of the project

+ Description of the project objectives;

+ Description of the project location.

- Duration and progress of contract execution

+ The duration of contract execution including duration of land clearance, commencement of construction and progress of each work item in each site of the project, construction completion date shall be made into detailed annexes specifying progress and duration of each work item in each site;

+ Cases and eligibility of contract renewal or early termination.

- Scale and methods of construction

+ Description of the project scale (work items, standards, work load, range, construction equipment, capacity of construction machinery, devices monitoring construction machinery, etc.);

+ Methods, process and plans of construction.

- Contract price, including:

+ Dredging expenditure (including payment made to the state for activities specified in Points a, b and c Clause 1 Article 25 of Decree No. 159/2018/ND-CP; compensation and land clearance expenditure);

+ Value of recovered products;

+ Difference in value between the dredging expenditure and the value of recovered products;

+ Adjustment to the dredging expenditure, the value of recovered products and the difference in value.

- Handover of construction cleared sites: Vietnam Maritime Administration shall take charge and organize transfer of cleared sites serving construction to investors before dredging construction.

- Construction technical and quality requirement of the project, project acceptance testing and handover

+ The construction technical and quality requirements of the project;

+ Criteria, basis and categories of the acceptance testing;

+ Dossiers on acceptance testing and handover.

- Disposal and transfer of project: The investors must not dispose or transfer the project.

- …

View full text in Circular No. 35/2019/TT-BGTVT of the Ministry of Transport of Vietnam, which takes effect from November 01, 2019.

Thu Ba

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