TAILIEUCHUNG - Several legal issues on construction contract termination

In this article, the authors focus on analyzing the regulations of construction contract termination under the Decree 37/2015/ND-CP and its aspects of legal construction technique and content, therefore assess to clarify the inadequacies of those regulations. As a result, the article proposes some recommendations to improve the law’s regulations on construction contracts termination in particular and the law of construction in general. | RESEARCH RESULTS AND APPLICATIONS SEVERAL LEGAL ISSUES ON CONSTRUCTION CONTRACT TERMINATION Đinh Van Truong 1 Dao Thuy Ninh2 Abstract A construction contract is a legal binding agreement between the contracted parties on the construction performance specified in Construction Law 2014 and its enforcement guideline documents. New construction law system creates a legal framework for the contracting parties to enter into and execute the construction contract but there are some problems inside. In this article the authors focus on analyzing the regulations of construction contract termination under the Decree 37 2015 ND-CP and its aspects of legal construction technique and content therefore assess to clarify the inadequacies of those regulations. As a result the article proposes some recommendations to improve the law s regulations on construction contracts termination in particular and the law of construction in general. Keywords Construction contract construction contract termination damage compensation contract cancellation general law and sector-specific law. Received October 11th 2017 revised October 30th 2017 accepted November 2nd 2017 1. Introduction Construction contract a specific type of contract in the construction field is currently governed by the Construction Law 50 2014 QH13 and its enforcement guidelines Decree 37 2015 ND-CP on construction contracts 2 referred to as Decree 37 Circular 07 2016 TT-BXD 3 Circular 08 2016 TT-BXD 4 Circular 09 2016 TT-BXD 4 and Circular 30 2016 TT-BXD 5 . Legal regulations on construction contracts have been gradually developed amended and supplemented on the basis of provisions on the contract of the Civil Code in 2005 6 considered the original law source and the Ordinance on Economic Contracts in 1989. However according to the recent legal documents the regulations on construction contract termination has not yet reached the legal technical assurance and the consistency among all the documents and some other issues which

• Kiến trúc - Xây dựng
• Construction contract
• Construction contract termination
• Damage compensation
• Contract cancellation
• General law and sector specific law
• Construction workers management functions
• Provisions of the applicable Acts & Rules
• Work hour productivity
• Satisfaction of Contract Labour
• Summary of Phd thesis
• Summary of Phd thesis in Economics
• Improving the managing
• Maintenance contract road construction
• Clarifying the basic theories
• Contract for Construction
• Representative discussed
• Representative
• time sequence
• Employer’s claims
• Contract management
• Liquidated delay damages
• The extension of time
• Contractor’s claim
• Crowdsourced arbitration
• Smart contract
• IFRS
• VAS
• Framework
• Inventories
• Borrowing costs
• Cash flow statements
• Revenue and Other Income
• Construction Law
• Dominion Law
• Exchequer Reports
• Law Commission
• Consultation Paper
• Liquidated damages