Decision 1040/QD-BXD 2026 promulgating model construction contracts

DECISION
Promulgating model construction contracts

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THE MINISTER OF CONSTRUCTION

Pursuant to the Law on Construction No. 135/2025/QH15;

Pursuant to the Government's Decree No. 210/2026/ND-CP detailing and guiding the implementation of a number of articles of the Law on Construction regarding construction contracts;

Pursuant to the Government’s Decree No. 217/2026/ND-CP detailing a number of articles of the Law on Construction regarding the management of construction activities;

Pursuant to the Government’s Decree No. 206/2026/ND-CP detailing the management of construction investment costs;

Pursuant to the Government’s Decree No. 207/2026/ND-CP detailing a number of provisions on quality management, construction and maintenance of construction works;

Pursuant to the Government’s Decree No. 33/2025/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of the Director of the Economics-Construction Investment Management Department.

DECIDES:

Article 1. To promulgate together with this Decision the following model construction contracts:

1. Model contract for consultancy services for preparation of the construction feasibility study report, as set out in Appendix I;

2. Model contract for construction design consultancy services, as set out in Appendix II;

3. Model contract for project management consultancy services, as set out in Appendix III;

4. Model contract for construction supervision consultancy services, as set out in Appendix IV;

5. Model contract for construction survey consultancy services, as set out in Appendix V;

6. Model construction contract, as set out in Appendix VI;

7. Model EPC contract, as set out in Appendix VII.

Article 2. This Circular takes effect from July 01, 2026.

Article 3. Relevant agencies, organizations, and individuals may refer to the model contracts specified in Article 1 and the guidance on their use and application promulgated together with this Decision for the establishment and management of construction contracts./.

GUIDANCE

ON THE USE AND APPLICATION OF MODEL CONSTRUCTION CONTRACTS

(Attached to the Minister of Construction’s Decision No. 1040/QD-BXD dated June 26, 2026)

1. Scope of regulation and subjects of application

The model construction contracts are promulgated for organizations and individuals to refer to, use, and apply in the establishment and execution of construction contracts in accordance with Article 34 of the Decree detailing and guiding the implementation of a number of articles of the Law on Construction regarding construction contracts.

2. Legal bases for establishing the model construction contracts

Pursuant to the Civil Code No. 91/2015/QH13;

Pursuant to the Law on Construction No. 135/2025/QH15;

Pursuant to the Government's Decree No. 210/2026/ND-CP detailing and guiding the implementation of a number of articles of the Law on Construction regarding construction contracts;

Pursuant to the Government’s Decree No. 207/2026/ND-CP detailing a number of provisions on quality management, construction and maintenance of construction works;

Pursuant to the Government’s Decree No. 217/2026/ND-CP detailing a number of articles of the Law on Construction regarding the management of construction activities;

Pursuant to the Government’s Decree No. 206/2026/ND-CP detailing the management of construction investment costs;

Other legal bases.

3. Types of model construction contracts promulgated

3.1. Model contract for consultancy services for preparation of the construction feasibility study report, as set out in Appendix I;

3.2. Model contract for construction design consultancy services, as set out in Appendix II;

3.3. Model contract for project management consultancy services, as set out in Appendix III;

3.4. Model contract for construction supervision consultancy services, as set out in Appendix IV;

3.5. Model contract for construction survey consultancy services, as set out in Appendix V;

3.6. Model construction contract, as set out in Appendix VI;

3.7. Model EPC contract, as set out in Appendix VII.

4. Structure and principal terms of model construction contracts

4.1. Model construction contracts are structured into 4 main Parts:

a) Part 1. Transaction information: the transaction information of the principal and the contractor in accordance with law.

b) Part 2. Bases for contract execution: references to the legal bases used in the construction contract according to contract type and funding source.

c) Part 3. General conditions of contract: provisions constituting the “fixed” component required in a construction contract.

d) Part 4. Particular conditions of contract: provisions to which the parties entering into the contract should give attention for negotiation and determination of the specific contents to be included in the contract according to each particular condition of contract upon execution.

4.2. Terms

The promulgated model contracts contain the essential terms serving as guidance on: the scope of work under the contract; rights, obligations, and responsibilities of the contracting parties; compensation for damages; dispute resolution mechanism; and contract amendments, etc.

Contents of these terms are guided on the basis of the Civil Code, the Law on Construction, and the Decree detailing and guiding the implementation of a number of articles of the Law on Construction regarding construction contracts.

5. Guidance on the use of model construction contracts

5.1. When using the promulgated model construction contracts, the parties shall supplement and revise the contract terms as appropriate to the specific requirements and conditions of the bidding package, project, project funding source, and the legal provisions applicable to the contract.

5.2. For construction investment consultancy contracts, EP, EC, and PC contracts, and other types of construction contracts that have not been promulgated under this Decision, the parties may refer to, use, and apply the model construction contracts promulgated together with this Decision to update, revise, and supplement the terms of the model contracts as a basis for establishing contracts appropriate to the specific conditions of each bidding package and management requirements.

5.3. The model construction contracts specified in Section 3 are developed based on a specific contract price. Where the contracting parties apply another type of contract price, they shall study the relevant regulations and the specific guidance provided in the model contracts in order to revise the terms of the model contracts accordingly.

5.4. In addition to the guidance provided above, the parties shall, based on the guidance set out in the particular conditions of the model contracts, revise and supplement the provisions of the model contract as appropriate to the specific conditions of each bidding package and management requirements.

5.5. Where, at the time of execution of a construction contract, the law applicable to the contract has been amended or revised, relevant organizations and individuals shall, when using or applying these model construction contracts, update, revise, and supplement the contract terms accordingly.