1. The two questions regarding FIDIC Contracts

Many FIDIC users in Vietnam have frequently put forward the two questions, namely, (1) What are the commonly used FIDIC Contract forms? and (2) Which is the appropriate choice for the requirements of the project?

2. 29 commonly used FIDIC Contract forms:

29 frequently used FIDIC Contract forms which are either used to be or currently favored by many across the the globe is probably one of the unexpected pieces of information to many users in Vietnam. These 29 forms are often distinguished by multiple standards and features, including:

• Year of Issue (publication),
• Edition,
• Given Color,
• Things to consider when using FIDIC Contracts

3. 6 Commonly used FIDIC Contract forms in Vietnam

Naturally, not all of the above mentioned FIDIC Contracts are used at the same time and at the same country

For instance, in Vietnam, it is observed that only 6 FIDIC Contract forms are used regularly, which are:

• Cilent/Consultant Model Services Agreement – FIDIC White Book, 5^th Edition, 2017;
• Cilent/Consultant Model Services Agreement – FIDIC White Book, 4^th Edition, 2006;
• The classic FIDIC Contract – for the Employer and the Contractor, in which the Contractor would perform construction following the design provided by the Employer after satisfying the standards and specs requirement – FIDIC Red Book, 1^st Edition, 1999;
• Plant and Design – Build Contract (D&B Contracts) for the Employer and the Contractor in which the Contractor would directly design and conducting construction following the employer’s requirements – FIDIC Yellow Book, 1^st Edition, 1999;
• Design – Build – Operate and Transfer Contract (EPC/Turnkey Contract) for the Contractor and the Employer in which the Contractor would directly design and perform work in accordance with the Employer’s Requirements) – FIDIC Silver Book, 1^st Edition, 1999; and
• FIDIC Contract for the Contractor and Subcontractors, published on 2011, used along with FIDIC Red Book, 1^st Edition, 1999.

For more information: download

4. The publication of FIDIC 2017 Contract Series.

The appearance of FIDIC Contract Series, the second edition, published in 2017 to subsitute the previous edition demonstrate FIDIC’s efforts in reducing the chances of dispute occuring when FIDIC Contracts are applied.

For more information on the new features of FIDIC 2017 Contract, please visit this address: Official Launch of the 2017 FIDIC Suite of Contracts

However, for the changes in FIDIC 2017 to be applicable in Vietnam, FIDIC users in Vietnam need more discussion, exchange,  guidance and support from FIDIC

CNC is proud to be one of the few law firm in Vietnam to host training courses on the new features of FIDIC 2017 for many renowned employers, contractors in recent years. Information on these courses could be found at this address: FIDIC CONTRACTS 2017 – NOTABLE CHANGES

5. Guide on the application of FIDIC Contracts

For the better understanding of (1) features (2) scope (3) main content of the above forms, FIDIC users could find the article published by CNC via the following address: https://cnccounsel.com/an-pham/gioi-thieu-ve-hop-dong-fidic

In cases of more support are required, FIDIC users in Vietnam could contact Mr. Hung using the below information

Requests for support could be submitted via the following email address or phone number:

Lê Thế Hùng | Managing Partner

T: (+84-28) 6276 9900

E: hung.le@cnccounsel.com

CNC^© | Hãng Luật Kinh Doanh, Thương Mại

The Sun Avenue, 28 Mai Chí Thọ, Phường An Phú, Quận 2,

Tp. Hồ Chí Minh, Việt Nam

T: (+84-28) 6276 9900 | H/L: (+84) 916 545 618

cnccounsel.com | contact@cnccounsel.com

Disclaimers:

This article is prepared or used for the purpose of introducing or updating cilent on information about matter and/or the developments of legal perspective in Vietnam. The information contained within this article does NOT constitute an advice of any kind and could be subjected to changes without prior notice.