Some common construction contracts forms in Vietnam

Construction contracts are an important document in all construction activities, from simple houses to complex projects. Understanding the types of construction contracts and their contents is essential to protect the interests of the parties involved. This article will provide detailed information about popular construction contract forms in Vietnam along with important notes when drafting and signing.

What is a construction contract?

According to the provisions of Clause 1, Article 138 of the Law on Construction 2014 (amended and supplemented in 2020), a construction contract is a written agreement between the participating parties, including the principal and the contractor, to Carry out part or all of the work in construction investment activities. This contract is the basis for determining the rights and obligations of the parties, ensuring the implementation of the construction project takes place on schedule, with quality, and safety.

Classification of construction contracts

Pursuant to Article 140 of the Law on Construction 2014 (amended and supplemented in 2020), there are two ways to classify construction contracts:

1. According to nature and content of work:

• Construction consulting contract;
• Construction contract;
• Contract to supply equipment to be installed in construction works;
• Design contract – procurement of materials, equipment – construction (turnkey contract);
• Other construction contracts.

2. According to contract price form:

• Package contract;
• Contract based on fixed unit price;
• Contract according to adjusted unit price;
• Time-based contracts;
• Cost-plus-fee contracts;
• Contract based on combined price;
• Other construction contracts.

Common construction contract templates

Below are some common construction contract samples in Vietnam:

Construction contract

This is the most common type of contract, used when the principal hires the contractor to perform all or part of the construction work. Some construction contracts can be mentioned such as:

• Housing construction contract;
• Construction contract for civil works;
• Contract for construction of industrial works.

Customers can refer to the construction contract sample below:

>> Download: Latest construction contract form.

Construction consulting contract

This contract is used when the contractor needs to hire a consulting unit to perform tasks such as survey, design, construction supervision, project management,… Some construction consulting contracts include:

• Architectural design consulting contract;
• Construction supervision consulting contract;
• Project management consulting contract.

Below is a sample construction consulting contract, customers can refer to:

>>> Download: Latest construction consulting contract form.

Contract to supply equipment to be installed in construction works

This contract stipulates the supply of necessary equipment and materials for construction works, including information on type, quantity, quality, price, delivery time,… Includes a number of Common types of contracts include:

• Construction material supply contract;
• Electrical equipment supply contract;
• Water equipment supply contract.

Customers can download the form below for reference and use:

>>> Download: Contract to supply equipment to be installed in construction works.

Design contract – procurement of materials, equipment – construction

This is a type of package contract, the contractor will be responsible for all stages from design, procurement of materials to completion of the project. This contract is often used for large, complex projects.

Below is a sample contract for design – procurement of materials and equipment – construction, customers can refer to:

>>> Download: Design contract – procurement of materials, equipment – construction.

Consulting services, drafting standard and professional construction contracts at Long Phan

With extensive experience and expertise in the construction field, Long Phan provides professional consulting and drafting services for construction contracts, ensuring maximum benefits for customers.

Our services include:

• Consulting on choosing the right type of contract to suit the needs and specifics of the project.
• Provide standard construction contract templates.
• Draft complete and detailed construction contracts.
• Review contracts and assess risks, provide remedial measures.
• Consulting on negotiating and signing construction contracts.
• Consulting on other issues related to construction contracts.

Construction contracts are an important factor to ensure the rights of parties participating in construction activities. Customers need to carefully study the legal regulations and choose the appropriate type of contract. For detailed advice and support in drafting professional construction contracts, please contact Long Phan via the hotline: 0906735386.