Circular No. 03/2013/TT-BXD dated April 02, 2013 of the Ministry of Construction issuing the contract forms for technical infrastructure work’s common-use and common technical infrastructure works’ management and operation

THE MINISTRY OF CONSTRUCTION

Circular No. 03/2013/TT-BXD dated April 02, 2013 of the Ministry of Construction issuing the contract forms for technical infrastructure construction’s common-use and common technical infrastructure constructions’ management and operation

Pursuant to the Decree No. 17/2008/ND-CP dated February 04, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 72/2012/ND-CP dated September 24, 2012 of the Government on management and common-use of technical infrastructure constructions;

At the proposal of the Head of Technical Infrastructure Department

The Minister of Construction issues the Circular issuing the contract forms for technical infrastructure construction’s common-use and common technical infrastructure constructions’ management and operation.

Article 1.To issue “The contract forms for technical infrastructure construction’s common-use and common technical infrastructure constructions’ management and operation” attached with this Circular.

Article 2.Provisions prescribed in the “Contract form” attached with this Circular are applicable to apply, basing on specific conditions and instructions in the note, parties can supplement other suitable provisions and contents when signing the contract.

Article 3.This Circular takes effect on May 18, 2013.

Article 4.Ministers, Heads of ministerial-level agencies, government-attached agencies, chairmen of People’s Committees of provinces and municipal cities and other relevant organizations and individuals shall implement this Circular./.

For the Minister

Deputy Minister

Cao Lai Quang

FORMS FOR TECHNICAL INFRASTRUCTURE CONSTRUCTION’S COMMON-USE

(Attached with the Circular No. 03/2013/TT-BXD dated April 02, 2013 of Minister of Construction)

Socialist Republic of Vietnam

Independence - Freedom - Happiness

--------------

Place.....date … month … year …

CONTRACT OF TECHNICAL INFRASTRUCTURE CONSTRUCTION’S COMMON-USE

No⁽¹⁾…/(Year)/(Contract symbol)

Constructions:⁽²⁾

Location:⁽³⁾

Between

⁽⁴⁾(Owner or authorized operation management unit for constructions)

And

⁽⁴⁾(Organization and individual using common constructions)

Appendix

Part I. Bases for signing the contract

Part III. Contract’s terms and conditions

+ Article 1. Contract dossiers and languages;

+ Article 2. Contract’s contents;

+ Article 3. Lease term, installation time and contract guarantee;

+ Article 4. Contract value, advance payment and payment method;

+ Article 5. Payment’s dossier and progress;

+ Article 6. Contract modification;

+ Article 7. Party A’s rights and obligations;

+ Article 8. Party B’s rights and obligations;

+ Article 9. Contract’s suspension and termination;

+ Article 10. Dispute and dispute settlement;

+ Article 11. Contract insurance;

+ Article 12. Force majeur;

+ Article 13. Contract liquidation;

+ Article 14. Contract validity;

+ Article 15. Other provisions;

+ Article 16. General provision

Part I.Bases for signing the contract

Civil Code No. 33/2005/QH11 dated June 14, 2005;

Construction Law No. 16/2003/QH11 dated November 26, 2005;

Law amending and supplementing a number of articles of the laws relating to capital construction No.38/2009/QH12 dated June 19, 2009;

Decree No. 72/2012/ND-CP dated September 24, 2012 of the Government on management and common use of technical infrastructure constructions;

Circular No  / 2013/TT-BXD dated  /   / 2013 by the Ministry of Construction issuingcontract form of technical infrastructure constructions commonly used and contract of management and operation of technical infrastructure constructions commonly used

Inter-ministerial Circular No. / 2013/TT-BTC dated   /   / 2013 by the Ministry of Finance, Ministry of Construction ... guiding the mechanism, control principles and methods of determining the rent ...

Based on⁽⁵⁾...

Part II.Contract’s terms and conditions

Today, at........(place), we consist of:

Party A (the lessor): owner (or operation management unit authorized by the owner)

- Transaction name ……..

- Representative (or authorizd representative):……….. Position:……………..

- Address:……………

- Tel No.:………                    Fax:………       E-mail:…………………

- A/C No.: ………….               At:…..                           

- Unit code (tax code): ………..

Party B(Lessee): Unit, organization(individual)

- Transaction name: ……..                     Business registration (if any):………….

- Representative (or authorizd representative):……….. Position:……………..

- Address:……………

- Tel No.:………                    Fax:………       E-mail:…………………

- A/C No.: ………….                                            

- Tax code: ………..

Both parties have agreed as follows:

Article 1.Contract dossiers and languages

1. Contract documents include the bases for contract signing; the terms and conditions of this contract and attached documents as follows:

a) Diagram (drawing), location, list, volume (wires, cables, pipes and equipment) installed in the constructions and list of constructions for installation;

b) Process of maintenance and operation of commonly used constructions and process of maintenance and operation of wires, cables, pipes and equipment  installed in the constructions;

c) Power-of-attorney for contract signing No..........dated.......month......year.....(in case of authorization from owner or organization);

d) Contract annex;

đ) Other relevant documents.

2. Language used in this Contract is Vietnamese⁽⁶⁾.

Article 2.Contract’s contents

Party A has agreed to lease Party B the constructions⁽²⁾.... for installation and operation, maintenance of wires (cables or pipes) and equipment⁽⁷⁾…with the following contents:

1. Installation.

a) Request for installation permit as prescribed;

b) Making diagram (drawing) of installation place;

c) Determining list and location of leased constructions for installation;

d) Making list and asset volume to be installed;

e) Organizing installation.

2. Operation, and maintenance of installed assets

a) Formulating operation and maintenance process of Party B’s assets installed in the constructions;

b) Making list of assignment of operation and maintenance⁽⁸⁾;

c) Organizing operation and maintenance under process

3. Other tasks.....

Article 3.Lease term, installation time and contract guarantee

1. Lease term:⁽⁹⁾…

2. Starting day of installation: After.......days from date⁽¹⁰⁾…

3. Installation time.........day (s)

4. End date of lease term:⁽¹¹⁾…

5. Contract guarantee…⁽¹²⁾

Article 4.Contract value, advance payment and payment method

1. Contract value⁽¹³⁾: ...                      In words: ...

2. Advanced funding⁽¹⁴⁾: ...                 In words: ...

3. Method of payment:⁽¹⁵⁾…

Article 5.Payment’s dossier and progress⁽¹⁶⁾

1. Payment documents:

2. Payment term:........month ( year)

Article 6.Contract modification

1. Cases of modification of contract: Change of legal bases, technical regulations and standards, scope of construction and polices directly affecting the change of conditions for contract performance.

2. Principle of modification of contract:⁽¹⁷⁾...

Article 7.Party A’s rights and obligations

1. Party A’s obligations:

a) Developing and issuing the process of management and operation of constructions to ensure the commonly used capacity by the design approved by the competent authorities. Organizing operation and maintenance of commonly used constructions under the process.

b) Performing tasks related to maintenance and operation of wires, cables, pipelines and equipment of Party B installed in the constructions in the list of assignment at Point b, Clause 2 of Article 2;

c) Extending contract or signing new contract if Party B has written confirmation of the need to continue the use of the constructions after the expiration of the signed contract⁽¹⁸⁾;

d) Notifying in writing Party B for coordination  upon any change of its representative, change or supplementation of units or individuals involved in common use or occurrence of changes as well as prior to taking the measures to strengthen, repair or upgrade constructions;

e) Inspecting and monitoring the operation and maintenance of assets of the parties involved in common use in line with the signed contract.

g) Restoring the integrity or compensating damaged assets caused to Party B by Party A.

h) Other responsibilities⁽¹⁹⁾…

2. Party A’s rights:

a) Requiring Party B to make payment in due time as agreed in the signed contract.

b) Suspending or terminating the implementation of contract as specified in Article 9 of this contract.

c) Requiring Party B to restore the integrity or compensate the damaged assets of Party A or a third Party caused by Party B.

d) Other powers⁽¹⁹⁾…

Article 8.Party B’s rights and obligations

1. Party B’s bligations:

a) Operating and maintaining the wires (cables or pipes) and equipment to ensure the compliance with proper management and operation and the signed contract;

b) ....day(s) before the expiry date of the contract, there must be written confirmation of the needs to continue the use of constructions (if any) sent to Party A. In case of no need for further use, there must be written notice to Party A of the time limit for removal to ensure the completion before the end day of the lease term of the contract (unless otherwise agreed in writing );

c) Immediately notifying Party A in writing for coordination upon any change of its representative, or occurrence of changes as well as prior to taking the measures to strengthen, repair or upgrade ....(wires, cables, pipes) and the above equipment;

d) Ensuring environmental sanitation, safety for people and assets of the parties involved in common use with all responsible persons for coordination with Party A in the inspection and monitoring as well as processing the contingencies;

e) Making full and timely payment as in the signed contract. Do not intentionally lease its portion to other units without Party A’s consent;

g) Restoring the integrity or compensating damaged assets  caused to Party A or a third Party by Party B;

h) Other responsibilities⁽¹⁹⁾…

2. Party B’s rights:

a) Requiring Party A to take immediate remedial measure of damages and incidents of the constructions or the installation, maintenance and operation of a third Party to impede or harm the maintenance and operation...(wires, cables, pipes) and its equipment.

b) Suspending and terminating the implementation of contract as specified in Article 9 of this Contract.

c) Requiring Party A and a third Party to restore the integrity or compensate the damaged assets caused by Party A or a third Party;

d) Other powers⁽¹⁹⁾…

Article 9.Contract’s suspension and termination

1.Suspension of contract

a) Cases of suspension of contract:⁽²⁰⁾…

b) Principle of settlement upon suspension of contract:⁽²¹⁾…

c) Regulations on order and procedures for suspension of contract:⁽²¹⁾…

2. Termination of contract

a) Cases of termination of contract: Upon expiration of lease or as agreed by both parties on the termination before expiration and other cases prescribed by law.

b) Principle of settlement upon termination of contract:⁽²¹⁾…

c) Regulations on order and procedures for termination of contract:⁽²¹⁾…

Article 10.Dispute and dispute settlement

1. Principle of settlement upon occurrence of dispute:⁽²¹⁾…

2. Court to settle dispute: As prescribed by law.

Article 11.Contract insurance

When the contract is effective, each party is responsible for signing contract of insurance of  person and property, civil liability as prescribed.

Article 12. Force majeure:⁽²²⁾…

Article 13. Contract liquidation

The Parties shall execute contract liquidation within....days but not in excess of 90 days after the Parties have completed their obligations of the contract or when the contract is terminated.

Article 14. Contract validity

The contract is valid on......⁽²³⁾until both Parties liquidate the contract as prescribed.

Article 15.Other provisions: Depending on specific condition of each locality, there may be other additional terms in the contract as agreed by the sponsors.

Article 16.General provisions

1. Both Parties have committed to seriously perform all contents of this Contract.

2. Other terms and conditions not specified in this Contract shall be complied with current regulations by both Parties.

3. This Contract is made into......copies with the same validity, each Party shall keep .....copy for performance.

          Party A’s representative                       Party B’s representative

            (Signature and seal)                                       (Signature and seal)

Note:

⁽¹⁾      Number, document symbol including ordinal number, year of contract signing and abbreviations of unit (lessor) signing contract.

Note: The time for contract commitment may be the time when the technical constructions of common use are in the stage of preparation for investment (development and approval of scheme, capital mobilization....), stage of constructions construction (asking for construction permit, site clearance, performance of constructions construction...), or the constructions are completed partially or entirely and put into use (constructions are being used, upgraded, renewed or newly built....) shall be an important factor governing a number of contents of agreement on several terms of the contract.

⁽²⁾      Name of one or many constructions in an area, for example: “The constructions of cable, sewer, trench and technical tunnel in the area of Thanh Xuan district (with attached list)."

⁽³⁾      Place for writing the name of street, ward (commune), district, city (province) where the constructions are located. In case the constructions go through a lot of lines, specify the name of ward (commune), district where the constructions are located.

⁽⁴⁾Write the name in the Business Registration Certificate

⁽⁵⁾      Other bases, for example: "... Based on the document of Thanh Xuan District People s Committee on management and maintenance of sewage system, cable tank, trench and technical tunnel in the area."

⁽⁶⁾      May be translated into another language and take the Vietnamese contract as the original

⁽⁷⁾      For example: “ For installation, operation, maintenance of wires and equipment of the project of infrastructure improvement and telecommunication service upgrade in Thanh Xuan district.

In case the installation of wire and pipe may be conducted during the constructions construction: “ Party A has committed to finish the constructions on date.....month.....year....and agreed to lease Party B....for installation and operation, maintenance of cable...”

⁽⁸⁾    Determining tasks done by Party B and Party A and coordinated by the parties (third party). For example: making a list in which Party A may perform maintenance of wires and pipes (industrial sanitation, establishment and maintainance of identification signs...) and Party B’s specialized construction when Paty A is capable of performance, or the parties may coordinate during the installation or dismantlement in order to resolve the subsidence or incidents of the constructions....

⁽⁹⁾    The lease term shall be agreed by both parties.

⁽¹⁰⁾     Installation may be performed while the commonly used constructions are being built or one section has been completed as agreed by both parties. For example:“After 05 days from the effective date of the contract, or from the date Party A hands over the site or Party A has completed 03 km of technical trench on the line”.

⁽¹¹⁾    The end date of lease term shall be agreed by both parties including the installation time, lease term and dismantlement time.

⁽¹²⁾    As agreed on the bases of current regulations.

⁽¹³⁾    Value of the contract as agreed on the basis of guidance of the Ministry of Finance.

⁽¹⁴⁾    Advanced funding: As agreed with or without advance for completed or unfinished constructions.

⁽¹⁵⁾    Method of payment in cash or transfer in VND. In case of payment in foreign currency, specify the exchange rate in VND announced by the State Bank of Vietnam at the time of payment.

⁽¹⁶⁾    Documents and payment term: Both parties shall agreed on the basis of the contents of the list and the characteristics of each type of lines, pipes and equipment installed in each type of constructions of technical infrastructure of common use and process of management and operation, maintenance and contract value. For example: the payment documents include the written request for payment, payment term of 06 months or escrow agreement through automatic payment via bank (when the bank does not receive letter of payment refusal upon maturity).

⁽¹⁷⁾    As agreed by both parties, for example“Adjustment upon 10% of constructionload generated and 15% difference of unit price of raw materials..." or by current regulations

⁽¹⁸⁾    Applicable for particular constructions or with limited competition market, exclusive properties for lease or exclusive lease or the lessor and lessee are interdependent and irreplaceable.

⁽¹⁹⁾    On the basis of provisions in the Civil Code the parties shall agree upon their obligations and other rights.

⁽²⁰⁾    Upon consent by both parties not affecting a third party “ person entitled to services, units involved in common use(for example: Suspending contract for replacement, repair and upgrade of microwave station).

⁽²¹⁾    As agreed on the basis of general and particular characteristics of each type of commonly used constructions, types of wires, cables or pipes installed and local customs and culture (see Article 424 and 491 of the Civil Code).

⁽²²⁾    Beyond the parties’ control such as: Natural disasters (floods, earthquakes, tsunamis ...), war, fire ... and according to current regulations.

⁽²³⁾    As agreed by both parties, for example:“ After 10 days from the date of contract signing or from the date Party A hands over the site to Party B for installation...”

CONTRACT FORMS FOR COMMON TECHNICAL INFRASTRUCTURE CONSTRUCTIONS’ MANAGEMENT AND OPERATION

(Attached with Circular No. 03/2013/TT - BXD dated April 02, 2013 of the Minister of Construction)

Socialist Republic of Vietnam

Independence - Freedom - Happiness

--------------

Place..., date … month … year…

CONTRACT FORMS FOR COMMON TECHNICAL INFRASTRUCTURE CONSTRUCTIONS’ MANAGEMENT AND OPERATION

No.⁽¹⁾…/(Year)/(Contract symbol)

Constructions:⁽²⁾Name of common-used technical infrastructure constructions

Location:⁽³⁾Place or area where common-used technical infrastructure constructions

Between

⁽⁴⁾(Owner of constructions or owner’s representative)

And

⁽⁴⁾(Unit of management and operation of technical infrastructure constructions of common use)

Contents

Part I. Bases for signing the contract

Part III. Contract’s terms and conditions

+ Article 1. Contract dossiers and languages;

+ Article 2. Contract’s contents;

+ Article 3. Lease term, installation time and contract guarantee;

+ Article 4. Contract value, advance payment and payment method;

+ Article 5. Payment’s dossier and progress;

+ Article 6. Contract modification;

+ Article 7. Party A’s rights and obligations;

+ Article 8. Party B’s rights and obligations;

+ Article 9. Contract’s suspension and termination;

+ Article 10. Dispute and dispute settlement;

+ Article 11. Contract insurance;

+ Article 12. Force majeure;

+ Article 13. Contract liquidation;

+ Article 14. Contract validity;

+ Article 15. Other provisions;

+ Article 16. General provision

Part I.Bases for signing the contract

Civil Code No. 33/2005/QH11 dated June 14, 2005;;

Construction Law No. 16/2003/QH11 dated November 26, 2005;

Law amending and supplementing a number of articles of the laws relating to capital construction No.38/2009/QH12 dated June 19, 2009;

Decree No. 72/2012/ND-CP dated September 24, 2012 of the Government on management and common use of technical infrastructure constructions;

Circular No  / 2013/TT-BXD dated  /   / 2013 by the Ministry of Construction issuingcontract form of technical infrastructure constructions commonly used and contract of management and operation of technical infrastructure constructions commonly used

Based on⁽⁵⁾...

Part II.Contract’s terms and conditions

Today, at.......(place), we consist of:

Party A:Owner (or representative authorized by owner)

- Transaction name ……..

- Representative (or authorized representative) is:……….. Position:……………..

- Address:……………

- Tel No.:………                    Fax:………       E-mail:…………………

- A/C No.: ………….             At:…..                           

- Unit code (Tax code): ………..

Party B: Operation management unit

- Transaction name ……..

- Representative (or authorized representative) is:……….. Position:……………..

- Address:……………

- Tel No.:………                    Fax:………       E-mail:…………………

- A/C No.: ………….             At:…..                           

- Tax code: ………..

Both parties have agreed as follows:

Article 1.Contract dossiers and languages

1. Contract documents include the bases for contract signing, terms and conditions of this contract and documents attached to the contract as follows:

a) Diagram (drawing), location, volume of technical infrastructure constructions of common use and diagram of design and installation of wires, cables and pipes into the constructions (if any);

b) Documents of current condition of wires, cable, pipes and equipment installed in the technical infrastructure constructions of common use

c) Power-of-atorney for contract signing No.......dated........(in case of authorization by owner);

d) Contract annex;

e) Other relevant documents.

2. Language of this Contract is presented in Vietnamese⁽⁶⁾.

Article 2.Contract’s contents

Party A  assigns and Party B agrees to manage the operation of the constructions⁽²⁾.., the contents include the main tasks as follows:

1. Operation and maintenance of constructions.

a) Formulation of operation management documents as prescribed;

b) Formulation and implementation of maintenance plan, orders (if any) according to the instructions of the designers, procedures, and regulations issued by competent state agencies;

c) Development and issuance of management and operation procedures for each constructions;

d) Other tasks…

2. Safety and protection of assets.

a) Performing safety assurance for people and assets, environmental sanitation, fire prevention and fighting as prescribed;

b) Making list of assets assigned for management;

c) Organizing protection of assets assigned for management;

d) Periodically inspecting and assessing asset quality;

e) Making periodic reports on the condition of assets assigned for management.

3. Signing and executing the terms of contract with the units and individuals that have a need for commonly using the constructions (installation of wires, cables and pipes...) under authorization.

a) Scope and content of tasks authorized;

b) Regulation on the proceed from the contract under authorization.

4. Other tasks

Article 3.Lease term, installation time and contract guarantee

1. Starting day of operation management activities:......days after the date⁽⁷⁾...

2. Asset hand-over time: From date ... to date ...

3. End date of construction operation management period:⁽⁸⁾…

4. Contract guarantee (if any):⁽⁹⁾…

Article 4.Contract value, advance payment and payment method

1. Contract value:⁽¹⁰⁾...                        In words:...

2. Advanced funding:⁽¹¹⁾...                   In words:...

3. Advance return:⁽¹²⁾...

4. Method of payment:⁽¹³⁾...

Article 5.Payment’s dossier and progress

1. Documents of payment:

a) Certificate of acceptance of completed construction;

b) Written confirmation of completed construction;

c) Other relevant documents.

2. Term of payment:⁽¹⁴⁾...

Article 6.Contract modification

1. Cases of modification of contract: Change of legal bases, technical regulations and standards, scope of construction and polices directly affecting the change of conditions for contract performance

2. Principle of modification of contract:⁽¹⁵⁾...

Article 7.Party A’s rights and obligations

1. Party A’s rights:

a) Formulating and approving under the competence or sumitting the competent authorities for approval and notifying Party B of the yearly plan for improvement, upgrading and maintenance of the above constructions to ensure the common use as prescribed.

b) Making a list and assessing asset value and handing them over to Party B;

c) Assuming the prime responsibility and coordinating with parties concerned to make a record to deal with arising problems or report the competent agencies for settlement.

d) Periodically inspecting and assessing Party B’s performance of contract once for ....month(s), collecting opinions and proposals of the units involved in common use of the above constructions and considering the settlement under competence;

e) Advancing and making timely payment to Party B;

g) Other responsiblities⁽¹⁶⁾...

2. Party A’s rights:

a) Refusing to certify the completion of payment upon unsatisfactory test under the regulation on acceptance;

b) Supsending or terminating the execution of contract as specified in Article 9 of this Contract.

c) Other powers⁽¹⁶⁾...

Article 8.Party B’s rights and obligations

1. Party B’s obligations:

a) Providing services of construction operation management as specified in Article 1 of this Contract;

b) Inspecting, monitoring and guiding on the requirements and notices for units and individuals to use upon starting installation of equipment of private ownership in the commonly used constructions until completing installation and putting into operation

c) Periodically inspecting specifically and in detail activities of the units involved in common use under the contract signed and making a written report to Party A;

d) Notifying in writing Party A for coordination upon any change of its representative, or occurrence of incidents sent to parties concerned.......days before taking the measures to strengthen, repair or upgrade constructions;

e) Ensuring environmental sanitation and safety for people and assets of the parties involved in common use and placing responsible persons for coordination with Party A with the parties involved in common use in the inspection, monitoring as well as settlement of unexpted situations.

g) Making record and reporting the asset condition periodically;

h) Other responsibilities⁽¹⁶⁾...

2. Party B’s rights:

a) Requiring Party A to make payment in due time as agreed in the signed contract.

b) Suspending or terminating the implementation of contract as specified in Article 9 of this contract.

c) Other powers⁽¹⁶⁾...

Article 9.Contract’s suspension and termination

1. Suspension of contract

a) Cases of suspension of contract: When both parties have agreed without affecting a third party (unit involved in common use, for example: suspension of contract as required by the competent agencies);

b) Principle of settlement upon suspension of contract:⁽¹⁷⁾...

c) Regulations on order and procedures for suspension of contract:⁽¹⁷⁾...

2. Termination of contract

a) Cases of termination of contract: Upon expiration of construction operation and management assignment or as agreed by both parties on termination ahead of time and other cases as prescribed by law;

b) Principle of settlement upon termination of contract:⁽¹⁷⁾...

c) Regulations on order and procedures for termination of contract:⁽¹⁷⁾...

Article 10.Dispute and dispute settlement

1. Principle of settlement upon occurrence of dispute:⁽¹⁷⁾...

2. Court to settle dispute: As prescribed by law

Article 11.Contract insurance:When the contract is effective, each party is responsible for signing contract of insurance of  person and property, civil liability as prescribed.

Article 12.Force majeure:⁽¹⁸⁾...

Article 13.Contract liquidation

The Parties shall execute contract liquidation within....days but not in excess of 90 days after the Parties have completed their obligations of the contract or when the contract is terminated.

Article 14. Contract validity

1. The contract is valid on......⁽¹⁹⁾until both Parties liquidate the contract as prescribed.

Article 15.Other provisions:Depending on specific condition of each locality, there may be other additional terms in the contract as agreed by the sponsors.

Article 16.General provision

1. Both Parties have committed to seriously perform all contents of this Contract.

2. Other terms and conditions not specified in this Contract shall be complied with current regulations by both Parties.

3. This Contract is made into......copies with the same validity, each Party shall keep .....copy for performance.

          Party A’s representative                                  Party B’s representative

            (Signature and seal)                                                    (Signature and seal)

Note:

⁽¹⁾      Number, document symbol including ordinal number, year of contract signing and abbreviations of unit (lessor) signing contract.

⁽²⁾      Name of one or many constructions in an area, for example: “The constructions of cable, sewer, trench and technical tunnel in the area of Thanh Xuan district (with attached list)."

⁽³⁾      Place for writing the name of street, ward (commune), district, city (province) where the constructions are located. In case the constructions go through a lot of lines, specify the name of ward (commune), district where the constructions are located.

⁽⁴⁾      Specify  the right name in the business license.

⁽⁵⁾      Other bases, for example: "... Based on the document of Thanh Xuan District People s Committee on management and maintenance of sewage system, cable tank, trench and technical tunnel in the area."

⁽⁶⁾      May be translated into another language with the Vietnamese contract as the original

⁽⁷⁾      Installation may be performed while the commly used constructions are being built or one section has been completed as agreed by both parties. For example: “ After 05 days from the effective date of the contract, or from the date Party A hands over the site or Party A has completed 03 km of technical trench on the line”.

⁽⁸⁾      End date of construction operation management period includes the time of asset handover, operation management period or any fixed date agreed by both parties.

⁽⁹⁾      As agreed on the bases of current regulations.

⁽¹⁰⁾    For capital source of which the State makes estimate as prescribed. For personal capital source agreed on the basis of estimate or by order.

⁽¹¹⁾    For example: “ The latest time is within 10 days from the effective date of contract, Party A shall make an advance of 30% of contract value corresponding to the amount of.......(or making an advance to Party B an amount of....).

⁽¹²⁾    Advance return as agreed.

⁽¹³⁾    Method of payment in cash or transfer in VND. In case of payment in foreign currency, specify the exchange rate in VND announced by the State Bank of Vietnam at the time of payment.

⁽¹⁴⁾    Payment term as agreed.

⁽¹⁵⁾    As agreed by both parties, for example “ Adjustment upon 10% of constructionload generated and 15% difference of unit price of raw materials... " or by current regulations

⁽¹⁶⁾    On the basis of provisions in the Civil Code the parties shall agree upon their obligations and other rights.

⁽¹⁷⁾    As agreed on the basis of general and particular characteristics of each type of commonlu-used constructions, types of wires, cables or pipes installed and local customs and culture (see Article 424 and 491 of the Civil Code).

⁽¹⁸⁾    Beyond the parties’ control such as: Natural disasters (floods, earthquakes, tsunamis ...), war, fire ... and according to current regulations.

⁽¹⁹⁾    As agreed by both parties, for example: “ After 10 days from the date of contract signing or from the date Party A hands over the site to Party B for installation...”