On the basis of the actual volume, the actual value of the construction package is re-determined, the following cases occur: The actually constructed value is smaller than the signed package price (with increased volume; The company has worked with the consultant and the investor to review the volume (although previously, before signing the contract does not do this step).
 
However, the Finance Department (the settlement verification agency) recalculates the value of the settlement and only accepts the reduced value of the volume and does not accept the value of the volume increase. This treatment by the Finance Department is not accepted by the contractor.
 
Through the receiving system, responding to the recommendations of enterprises, the company asked, in this case the company must do like? Will payment be paid as a signed package?
 
In this regard, the General Department of Taxation - Ministry of Finance answered as follows:
 
The Bidding Law (Article 62, Point 1, Point a and Point d) stipulates that the package contract is a fixed price contract throughout the implementation period for the whole contents of the contract. The payment for a package contract is made several times during the implementation or one time payment upon completion of the contract. The total amount that the contractor is paid until the contractual obligations are fulfilled at the price stated in the contract.
 
For construction and installation bidding packages, in the process of negotiation and finalization of contracts, concerned parties should revise the work volume tables according to the approved designs if the contractors or bid solicitors detect the tables and figures. , the work volume is not accurate with the design, the bid solicitor shall report to the investor for consideration and decision on the adjustment of the work volume so as to ensure its conformity with the design.
 
Decree No. 63/2014 / ND-CP (Article 95, Clause 2, Point a) stipulates that one component of a payment dossier for a package contract is the minutes on pre-acceptance test of volumes made in the payment period Confirmed by representatives of contractors, investors and supervisors (if any). The written certification of this volume is the certification of the completion of the work, work item or work of the work in conformity with the design, without certifying the completed work volume.
As such, the negotiation, signing and payment of package contracts must comply with the above provisions. Accordingly, the contractor is paid the full value stated in the contract when fulfilling the contractual obligations (ie, completed by design). In addition, when applying the package contract, the investor is responsible for the accuracy of the quantity and volume of work. In cases where consultancy contractors are used to set up designing dossiers and bidding dossiers, the contract between the investor and the consultancy contractor must contain provisions on responsibilities of the involved parties in the handling and compensation For the wrong calculation of quantity or work volume according to the provisions at Point e, Clause 1, Article 62 of the Bidding Law..
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