Law Firm in Vietnam

Construction Contract in Vietnam

In Vietnam, like other countries companies seeking to build an office building or industrial facility work with the contractor through a construction contract.

There are several types of construction contract used in the construction industry depending on the level of control from parties involved in terms of investment, responsibilities and duration.

Fixed price is a type of construction contract that offer a total fixed priced for all construction related activities. This contract type could include incentives or benefits for early termination, or can also have penalties, called liquidated damages, for a late termination. This contract type is preferred when a clear scope and a defined schedule has been reviewed and agreed upon.

Cost plus contract is a type of construction contract involves payment of the actual costs, purchases or other expenses generated directly from the construction activity. This type of contract must contain specific information about certain pre-negotiated amount (some percentage of the material and labor cost) covering contractor’s overhead and profit. Costs must be detailed and should be classified as direct or indirect costs.

Time and material contract is usually preferred if the project scope is not clear, or has not been defined. The owner and the contractor must establish an agreed hourly or daily rate, including additional expenses that could arise in the construction process. The costs must be classified as: direct, indirect, mark-up, and overhead. Sometimes the owner might want to establish a cap or specific project duration to the contractor that must be met, in order to have the owner’s risk minimized.

How ANT Lawyers Could Help Your Business?

You could reach ANT Lawyers for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

Tuan Nguyen

Recent Posts

Conditional Investment Sectors in Vietnam: 10 Checks Before Market Entry

Foreign investors face two different legal gates in conditional investment sectors in Vietnam. The first…

1 hour ago

Foreign EPC Contractor Payment Risk in Vietnam: 7 Issues Before Handover and Final Settlement

Foreign EPC contractor payment risk in Vietnam often appears late and suddenly, when the works…

3 hours ago

Vietnam Company Location Strategy: 8 Checks Before Signing an Office, Factory or Warehouse Lease

A lease can be commercially attractive and still does not comply in legal consideration. The…

21 hours ago

Property Sale Contract in Vietnam: 8 Clauses Foreign Buyers Should Understand

A property sale contract in Vietnam should protect the buyer against risks involving payment, legal…

23 hours ago

Buying a Vietnamese Company: 10 Legal Checks Before a Foreign Investor Signs

An operating company can provide licences, people, customers and facilities faster than a new business…

2 days ago

Real Estate Deposit Agreement in Vietnam: 7 Risks Before Transferring Money

A real estate deposit agreement transaction in Vietnam can decide the buyer’s risk before the…

2 days ago

This website uses cookies.