03 Cases in which a Contractor’s Contract can be Amended According to the 2023 Bidding Law

Thursday, 14 December 2023 5:09 PM
What are the circumstances under which a contract with a contractor can be amended according to the 2023 Bidding Law? If your enterprise is wondering about this, let’s explore the following article with DauThau.info!
03 Cases in which a Contractor’s Contract can be Amended According to the 2023 Bidding Law
03 Cases in which a Contractor’s Contract can be Amended According to the 2023 Bidding Law

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1. Conditions for Contracting with a Contractor According to the 2023 Bidding Law

According to Article 66 of the 2023 Bidding Law, the conditions for contracting with a contractor are as follows:
  • At the time of contracting, the bid proposal or proposal of the selected contractor is still valid. For centralized procurement applying a framework agreement, at the time of contracting, the framework agreement is still valid.
  • At the time of contracting, the selected contractor must ensure they meet the technical and financial capacity requirements to execute the package as per the bidding documents or request documents.
  • The investor must ensure conditions regarding advance capital, payment capital, site availability, and other necessary conditions to deploy the package according to schedule.

2. Cases in which a Contract with a Contractor can be Amended

According to clause 1 of Article 70 of the 2023 Bidding Law, there are specifically 3 cases in which a contract with a contractor can be amended:
  • Cases agreed upon by the parties in the signed contract in accordance with legal regulations.
  • In the event of a fundamental change in the circumstances of contract execution as per civil law regulations.
  • At the request of a competent state agency affecting the contract execution, not due to the fault of the investor.
3 Cases Eligible for Amending Contracts with Contractors
03 cases of contract amendments with contractors​​​​​

Learn more about types of contracts for investors in the article:  08 Types of Contracts in Bidding under the 2023 Bidding Law

3. Regulations on Contractor’s Contract Documents According to the 2023 Bidding Law

Based on Article 65 of the 2023 Bidding Law, the contract documents between the contractor and the investor will include the following documents:
  • Contract document
  • Contract appendix including detailed list of work scope, price list, implementation schedule (if any)
  • Decision to approve the results of contractor selection.
    Additionally, depending on the scale and nature of the package, the contract documents may include one or several of the following documents:
    • Contract completion record
    • Contract negotiation record (if any)
    • Written agreement of the parties on contract conditions, including general and specific conditions
    • Bid proposal, proposal documents, and documents clarifying the bid proposal, proposal documents of the selected contractor
    • Bidding documents, request documents, and documents amending or supplementing the bidding documents, request documents
    • Other related documents.

4. Regulations on Contract Signing between the Investor and the Contractor

According to Article 65 of the 2023 Bidding Law, the specific regulations on contract signing between the investor and the contractor are implemented as follows:
ký hợp đồng
Regulations on signing contracts between investors and contractors according to the Bidding Law 2023​​​​​​
  • A package is executed under a contract; a contract may apply one or several types of contracts stipulated in Article 64 of this Law; for centralized procurement packages or packages divided into parts, one package can be executed under several contracts corresponding to one or some parts. In case multiple types of contracts are applied, the corresponding contract type must be clearly defined for each specific work content.
  • The contract signed between the parties must be consistent with the content in the bidding documents, request documents, bid proposal, proposal documents, contract negotiation results (if any), and the decision to approve the contractor selection results, stating the work scope for the subcontractor (if any) and the maximum value of work for the subcontractor. The maximum value of work for the contractor does not include the work volume for the subcontractor.

  • For partnership contractors, all members must sign and stamp (if any) the contract document; for centralized procurement applying a framework agreement, all partnership members must sign and stamp (if any) the contract document or the partnership member must sign and stamp (if any) the contract document with the purchasing unit as assigned in the joint venture agreement.

The above article from DauThau.info has shared with you the 3 cases in which a contract with a contractor can be amended according to the 2023 Bidding Law. We hope this information will help enterprises better understand this issue. Enterprises can follow the 2023 Bidding Law news section for the latest updates!

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