Accordingly, the principle of signing construction contract must conform to provisions in Clause 2 Article 138 of the Construction Law No. 50/2014/QH13 and ensure the principle at the time of signing the contract that the contractor shall meet conditions of professional capacity and capability to operate in accordance with the law on construction. For list of contractors, the distribution of workload in partnership agreement must be consistent with the operational capacity of each member of the list of contractors. For foreign contractors must be committed to hiring local subcontractors to perform the work when the local contractor meet requirements of the bid package.
Investors or representative of the investor have rights to sign contract with one or many contractors to do the job. Where the investors sign with many main contractors, then the contents of these contracts must ensure uniformity in the work process implementation of the contract to guarantee progress, quality, investment efficiency of the construction project.
General contractor, main contractors are to sign with one or more subcontractors, but these subcontractors must be approved by the investors, these subcontracts must uniform with main contractor contract signed with investors. The general contractor, main contractors shall be liable to the investors regarding the progress, quality of signed work, including the work executed by subcontractors.
Price signing contract shall not exceed the bid price or results of the negotiations of construction contract, except for the generated volume outside the scope of work allowed by the competent Person deciding investment.
Vietnam Construction Contract at Decree 37/2015/ND-CP: legal effect of construction contract
Legal effect of construction contract
The Decree stated that the construction contract shall be valid as meeting three conditions: 1. The signatories have full capacity for civil act; 2. Meeting the principle of signing contract; 3. Form of the contract in writing and signed by duly authorized representative under the law of the parties involved to the contract. Where a party to the contract is organization, that party must sign and stamp in accordance with the law.
The effect date of construction contract is the time of signing contract (sealed if any) or other specific time agreed by the parties in the construction contract and the principal has received guarantee to do the contract by the contractor (for contract contains provisions to ensure the implementation of the contract).
The Decree No. 37/2015/ND-CP shall be effect from June 15, 2015.
Source : http://vietlaw4u.com