Pilot contract bonus for construction and installation bidding packages for a number of traffic projects

On 25/4/2023, the Government issued Decree No. 15/2023/ND-CP stipulating the pilot contract bonus for construction and installation bidding packages of traffic projects under the Program of Socio-economic Recovery and Development..

This Decree stipulates the pilot contract bonus for construction and installation bidding packages of traffic projects under the Socio-economic Recovery and Development Program in Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly, specified in Appendix I to the list of projects to which the regulations on pilot contract bonus are attached to this Decree.

In principle of bonus: Works, work items must be performed in accordance with the contract (in terms of quantity, volume, quality), meeting technical regulations and standards, and tested and handed over according to the construction legislation. The contract bonus must ensure publicity, transparency and fairness; which must be clearly stated in the bidding documents and requirements and in the contract signed between the investor and the contractor.

The contract bonus is applied to each specific bidding package. The amount of the bonus does not exceed the residual amount after the bidding (including appointment of a contractor).

The contract bonus is only applied to contractors who comply with the law in implementing the bidding package and have actual bonus sources.

Bonuses are not applied to cases that the bid package price is determined, the bid invitation documents are prepared, the requirements documents are made and the contract is signed without complying with the construction law in order to profit from the bonus.

The investor shall decide to award the contract to the contractor within 30 days after receiving the valid dossier. The content of the contract bonus decision includes: Name of contractor, name of bidding package, shortening time, specific bonus amount, form of payment, time of payment (expected) and bonus withdrawal requirements when adjusting bonuses or incurring violations of contract bonus principles.

The application file for bonus payment consists of 03 documents. Within 03 working days from the effective date of the contract bonus decision, the investor sends directly or via postal service to the State Treasury a dossier including: Decision on the contract bonus; Letter of request for capital payment for contract bonus; Withdrawal paper.

Bonuses received by contractors may still be subject to adjustment or withdrawal. Accordingly, the contractor must return the withdrawn amount within 30 days from the effective date of the decision to withdraw the bonus if there are deviations due to the calculation of the bonus or violation of the bonus principles according to the conclusion of inspection and examination.

The content of the decision to withdraw the contract bonus includes: name of the contractor, name of the bidding package, reason for withdrawal, specific withdrawal amount, form of withdrawal and time of withdrawal. Past the above time, the contractor shall bear additional penalty interest at the interbank exchange rate at the time of refund.

This Decree takes effect from April 25, 2023.

Source: NVD