(Chinhphu.vn) -In case of adjusting the contract price for work volumes, it does not require in the design dossier attached to the contract, the provisions of Clause 2, Article 5 of the Circular No. 07/2016 / TT-BXD shall be complied with.

The agency of Mr. Tran Trung Nam (in Ho Chi Minh City) has a bidding package for paving bricks, the estimated volume of brick is 5,000m2, worth about VND 2 billions, the bidding plan approves to select competitive offers of contractors, apply lump sum contracts with a value of VND 1.9 billions.

When construction implemented, due to the reason that part of the sidewalk is still unable to compensate for the land, the contractor cannot complete the lump sum contract, so it is agreed to stop payment at this time, until the dossier is processed. New payment collection detects tiled volume as estimated (5,000m2) is the area of ​​the sidewalk excluding the 200m2 plant section (ie the actual total paving is only 4,800m2).

The volume of sidewalks that the contractor has made is 2,500m2, the actual paving area is 2,400m2 (minus 100m2 of tree tubs).

Mr. Nam would like to ask, if the contractor is not compensated for land but still works out the contract, then the contractor will pay VND 2 billions (although the actual paving area is only 4,800m2 not 5,000m2 according to the bidding invitation estimate), is it correctaccording to contractual lump sum nature?

From the point of view of payment by percentage, the contractor takes the actual paved area divided by the area to be paved according to the fact: (2,400m2 / 4,800m2) x VND 2 billions (contract value) = VND 1 billion,is it correctcorrect or not?

The viewpoint of Mr. Nam's accountant is to take the actual paved area divided by the area to be paved according to the tender invitation: (2,400m2 / 5,000m2) x 2VND billions (contract value) = VND 960 million, is that correct?

If the contract price is adjusted in accordance with the Circular No. 07/2016 / TT-BXD (the contract has the attached unit price table), how is the contract deduction calculated correctly:

- Get actual tiled volume (4,800m2 - 2,400m2) x tiled unit price.

- Taking the tiled volume must also follow the bidding invitation estimate (5,000m2 - 2,400m2) x tiled unit price.

The Ministry of Construction answers this issue as follows:

The payment of construction contracts shall comply with Article 19 of the Government's Decree No. 37/2015 / ND-CP of April 22, 2015, detailing construction contracts.

Dossiers for payment of construction contracts comply with Article 20 of the Decree No. 37/2015 / ND-CP.

In case of adjusting the contract price for work volumes not required in the design dossier attached to the contract, the provisions of Clause 2, Article 5 of the Circular No. 07/2016 / TT-BXD dated March 10, 2016 of the Ministry of Construction guides the adjustment of construction contract price.