Types Of Construction Contracts In 2023
In 2023, with many changes in regulations, leading to a series of texts or forms to be replaced. Lac Duy & Associates synthesizes the types of construction contract of the latest projects in 2021:
Project Contract
The project contract is stipulated in Clause 2, Article 3 of Decree 63/2018/ND – CP dated May 4, 2018 of the Government regulating investment in the form of public-private partnership;
Build Construction – Operate – Transfer – Business – Transfer Contract (BOT contract)
A contract signed between a competent state agency and an investor or project enterprise for the construction of an infrastructure project.
After completing works, investors and project enterprises are entitled to conduct business in works for a certain period of time; upon expiration of the term, the investor or project enterprise transfers that work to the competent state agency.
Build – Transfer – Operate Contract ( BTO contract)
A contract signed between a competent state agency and an investor or project enterprise for the construction of an infrastructure project.
After the completion of the project, the investor or the project enterprise shall transfer it to a competent state agency and have the right to operate the project for a certain period of time.
Build – Transfer Contract ( BT contract)
A contract signed between a competent state agency and an investor or project enterprise (if any) for the construction of an infrastructure project.
After the completion of the work, the investor transfers the work to a competent state agency and is paid with the land fund, office, infrastructure assets or the right to do business or exploit the public. submission and services for implementing other projects.
Build – Own – Operate Contract ( BOO contract)
A contract signed between a competent state agency and an investor or project enterprise for the construction of an infrastructure project.
After the completion of the project, the investor and the project enterprise own and are entitled to operate the project for a certain period of time; upon expiry of the term, the investor or project enterprise terminates the operation of the investment project in accordance with the investment law.
Build – Transfer – Lease Contract ( BTL contract)
A contract signed between a competent state agency and an investor or project enterprise for the construction of an infrastructure project.
After the completion of the work, the investor or the project enterprise shall transfer it to a competent state agency and be entitled to provide services on the basis of operating and exploiting such works for a certain period of time; the competent state agency hires services and makes payments to the investor and project enterprise.
Build – Lease – Transfer Contract (BLT contract)
A contract signed between a competent state agency and an investor or project enterprise for the construction of an infrastructure project.
After the completion of works, investors and project enterprises are entitled to provide services on the basis of operating and exploiting such works for a certain period of time.
The competent state agency hires services and makes payments to the investor and project enterprise. Upon the expiration of the service duration, the investor or project enterprise shall transfer that work to a competent state agency.
Operation – Maintenance Contract (O&M contract)
A contract signed between a competent state agency and an investor or project enterprise to do business in part or the whole of the project within a certain period of time.
Mixed Contracts
A project contracts combining the types of contracts stipulated in Clauses 3, 4, 5, 6, 7, 8 and 9 Article 3 of Decree 63/2018/NĐ-CP dated May 4, 2018 by the Government regulating investment in the form of public-private partnerships.
Other Contracts
Other Contracts under the provisions Clause 4, Article 40 of Decree 63/2018/NĐD-CP dated May 4, 2018 by the Government regulating investment in the form of public-private partnerships.
Lac Duy & Associates has many years of experience in resolving disputes related to construction issues, such as resolving construction contract disputes, construction contract disputes … If you have any questions that need advice or support, please contact Lac Duy & Associates for immediate answer and support.
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