On March 03, 2023, the Ministry of Construction issues Circular No. 02/2023/TT-BXD on guiding certain contents of construction contracts (hereinafter referred to as "Circular No. 02/2023/TT-BXD”)

Accordingly, Circular No. 02/2023/TT-BXD has the following notable point:

(i)    Adjustments to unit prices of construction contracts: Adjustments to unit prices of construction contracts shall comply with the regulations in Article 38 of Decree No. 37/2015/ND-CP (which are amended by Clause 14 Article 1 of Decree No. 50/2021/ND-CP). In a construction contract, the Parties must agree on specific cases in which the unit price and construction contract price can be adjusted; the order, scope, method and grounds for adjusting the contract price; the method of adjusting the contract price must be suitable to the type of contract price and the nature of the work in the construction contract.

(ii)    Adjustments to workloads prescribed in construction contracts: Adjustments to workloads specified in construction contracts shall comply with the regulations in Article 37 of Decree No. 37/2015/ND-CP (which are amended by Clause 13 Article 1 of Decree No. 50/2021/ND-CP).In addition, If adjustments to workloads between members of a consortium of contractors of a contract do not affect prices of the contract, the investor shall make a decision on the basis of the agreement and unification of members of the consortium and qualifications of each member in a manner that ensures safety, quality, efficiency and progress of the contract.

Circular No. 02/2023/TT-BXD takes effect from April 20, 2023.