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Socialist Republic of Vietnam

Independence - Freedom - Happiness


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CONSTRUCTION CONTRACT
Project: Construction of labor package housing and civil supplies
Location: Long Toan Ward , Ba Ria City, Ba Ria - Vung Tau Town
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Pursuant to Civil Code No. 33/2005/QH11 dated on 14/06/2005 by 11th National


Assembly. Pursuant to Trade Code No. 36/2005/QH11 dated on 14/06/2005 by 11th
National Assembly.

Pursuant to the Construction Law No. 50/2014/QH13 dated on 18/06/2014 by 13th


National Assembly.

Pursuant to The Decree No. 15/2013/N-CP dated on 06/02/2013 of The Government


promulgating quality control of construction works Regulations and Circular No.
10/2013/TT-BXD by The construction of the detailing some of the contents of the quality
management of construction works.

Pursuant to The Decree No.12/2009/N-CP dated on 10/02/2009 of


Government on management of investment projects on construction and Decree No.
83/2009/N-CP about amending and supplementing some articles of Decree No.
12/2009/N-CP.

Today, 18th March 2016


Pursuant to the requirement and capability of both parties
Party A: Mrs. Nguyn Th Hng Vn
I.C: 260932072
Add: B1816 Apartment 199 Nam Ky Khoi Nghia Street - Vung Tau City
Tel: 0906 743 843
Mail: vannguyen.ms@gmail.com

(Representation)

Party B : COMPANY BUILDING DESIGN CONSULTANCY AND


COMMERCIAL SPACE GREEN
Add: 31 - Nguyen Thai Hoc Street - Ward 7 - Vung Tau City
Tel: (064) 3563948
Fax: (064) 3563943
Rep: Mr ng c Nht
Title: Director
Bank account: 67392199 A Chau Banking Vung Tau City
Tax Code: 3501803412
Through negotiation, the Parties hereby agree to trade the following products and conclude the
terms and conditions as below:

Article 1 : Scope of work done


1.1 Party A to Party B agrees to implement the package of construction materials and labor and
civil housing projects at: Long Toan Ward, Ba Ria City, Ba Ria - Vung Tau Town
1.2 Workload Party B must comply with the contract are detailed in the table of estimated
number of No.140316 dated 03.14.2016 was mutually agreed, signed acceptance and become
inseparable appendix of this Contract.

Article 2 : Progress of implementation


2.1 Party B will carry out the construction and installation of Party A within 90 working days
from the date of signing of this contract , Party A hand over and receive the 1st advance .
2.2 Progress on excluding incurred by Party A wants to change the design or add items incurred
outside the Contract.
2.3 Location of construction and installation: Long Toan Ward, Ba Ria City, Ba Ria - Vung Tau
Town

Article 3 : The price - value contracts


3.1 Price:
- Unit price contract (details shown in table No.140 316 price estimate attached hereto) is a
package price, unchanged during the implementation of the contract.
- Unit cost estimates in the table have been negotiated, accountable and notes between the two
parties before signing the contract.
- The unit price is the basis for the two sides to carry out settlement construction on condition
that details of the construction items the conditions agreed in the estimate of No.140 316, and in
this condition Party B is not required to explain in any case.
- In the event of a rise beyond the estimates, the unit price will be adjusted on the basis of
negotiations and talks, explanations, explanations and approved consent between the two parties.
3.2 Provisional contract value is: 1.557.472.000VND
In words: one billion , five hundred and fifty seven million , four hundred and seventy-two
thousand .
- Payment value the fact that the final settlement value is based on the actual volume of
acceptance at the site on the basis of estimated unit price of No.140 316 in date
14.03.2016 and detailed date referred to in Article 5 - Replacement change and
Development of biomass .

Article 4 : The method and conditions of payment


4.1 Form of payment: cash or bank transfer

4.2 Method of payment:


4.2.1. Stage 1: Pay 30% (thirty percent) of the contract value within 03 working days
(excluding weekends and holidays) from the date of signing the contract.
4.2.2 Phase 2: Payment of 15% (fifteen percent) of the contract value after completion of the
system construction foundation, steady beam, septic systems and columns, walls
surrounding the 1st floor.
4.2.3 Phase 3: Payment of 20% (twenty percent) of the contract value after completion of
the system construction momentum, car roof floor, mezzanine floor, columns and walls
around the mezzanine.
4.2.3 Phase 4: Payment of 20% (twenty percent) of the contract value after application
completion momentum roof system, roofing, exterior walls and paint, tiling toilet.
4.2.4 Phase 5: After the work was commissioned and handed over in use
Party A will pay Party B settlement actual value remaining after deducting 3% (three percent) of
the value contract (the value of Party A clause retained for the project warranty under Article 8 of
the agreement) and Party A to Party B will refund clause 3% of the value of this contract Party B
after completion time warranty stated in Article 8 of the Agreement. The value remaining after
deduction of 3% of the contract Party A shall pay Party B within 05 working days (excluding
weekends and holidays).
Profile payment proposal includes:
- Request for payment of Party B.
- The certificate of completion and handover of projects put into use.
- Balance sheet.
- Liquidation records.
4.3 Settlement and liquidation of contracts: after the completion of works was commissioned and
put into use, the two sides based on the contract and the addendum to the contract settlement and
liquidation of contracts stipulated.

Article 5: The technical requirements - Work Safety


5.1 Party B is responsible for ensuring the technical requirements of the construction process, as
follows:
+ For the reinforcement: the B to ensure the volume and type of design, reinforcement in place
when carrying out concreting.
+ For concrete: after concreting the foundation, floors, roofs, Party B must ensure open surface
moisturizing effect and compression of concrete within 06 hours no less. After the initial phase
of this support, the B must continue to moisturize the surface of the concrete exposed by
watering and no effect on concrete compressive strength within not less than 7 days.
+ For building materials such as stone, sand, bricks: Party B must ensure not mixed garbage,
land, construction and satisfactory quality and aesthetics.
+ For interior equipment such as sanitary ware, furniture, cabinets, shelves ..: Party B to ensure
proper installation specifications, construction quality and aesthetics.
5.2 Party B is responsible for ensuring the safety of workers on the project, all the problems
happen to the workers will be the responsibility of the parties resolve B.
5.3 Party B shall not affect the surrounding buildings during construction, all the problems
happen to the works which are the responsibility of the parties resolve B.

Article 6: Change - Generating volume

6.1 In the event of a mass arising or by amending the original approved design, as well as those
arising changed the types of materials required by Party A as compared with the contract, Party B
will quickly estimate and indicate the time for the implementation of this amendment arose, the
Party A for review and approval. The unit price of items incurred will be applied as follows:
- If the unit price for these items are included in the approved budget table, the unit price will
apply.
- If the unit price of this item is not on the approved budget table, the unit price will be
negotiated and agreed to by both parties in writing. In the case of unit price for items apply this
new way of calculation: the actual value of materials cost category + management of Party B, the
costs of management of Party B will be equal to 5% (five the actual percentage of the value
items and supplies).
6.2 Lessee progresses items incurred after that Party A agrees in writing.
6.3 Volume and time incurred arising out of this will be mutually agreed consideration and
signed a contract with an addendum.
6.4 Party B will record all arising out of contract at the request of Party A and will continue to
perform after work and put to use.
6.5 All procedures related to derivative contracts and annexes will not affect the payment period
as agreed to in Article 4.
6.6 In the process of handing over the project, if Party A Party B wants more work done outside
the contract, Party B will conduct this category after completing the quotation procedures and
certification of investors. This derivative will conduct independent and does not affect the
acceptance, delivery of the works.

Article 7: Acceptance and Transfer works


7.1 The acceptance test must be carried out by representatives of the two sides. Party A is
responsible for acceptance at work within 05 days after notice Party B has completed the
construction. If Party A has not organized to work and still put into use, the two parties will
jointly certify "record of delivery and put into use". The warranty period will be counted from
the date the work is put into use.
Volume 7.2 based on acceptance workload fact, been accepted and signed Party A confirmation.
7.3 Location handover: Long Toan Ward, Ba Ria City, Ba Ria - Vung Tau Town
7.4 The two parties check the quality, specifications, quantity and product at handover. If the
work is done correctly according to the design and contract, Party A is bound to hand over the
works signed. If these products do not meet the above requirements, the two sides established a
list of products that need repairs to Party B after overcoming works were handed over.
7.5 After the inspection, approval number and the actual quality of the work, make a record of
mutual delivery and acceptance, signed as a basis for payment.
7.6 The implementation of the generation part (non-contractual) as required by Party A, shown in
the annex contract referred to in Article 5, will not affect the work under the contract acceptance.

Article 8: Responsibilities of the parties


8.1 Responsibilities of Party A
Party B 8.1.1 Provide the necessary information for the duration of Party B production and
construction.
8.1.2 Name browse all materials and product samples (if any) on the day the B submissions. If
Party A wants to change the types of materials than required in the initial price, the period arising
from the search and replace material category will apply Section incurred in Article 5.
8.1.3 Land acquisition, advance stage 1 and other necessary conditions to Party B started work.

8.1.4 To appoint authorized representatives (construction supervision, engineering design, in


charge of finance ...) to work together with the Party B settlement of problems arising in the
course of construction at the site.
8.1.5 To perform the payment, sufficient and timely settlement in accordance with Article 4 of
the contract.
8.1.6 Organization of the acceptance and handover in accordance with Article 6.
8.1.7 Acceptance of the work and approved Balance Sheet signed within 05 days of Party B to
submit this document to Party A. The time on, if Party A has not conducted acceptance and
approval of the settlemen, Party A will pay Party B 90% of the contract value.
8.1.8 There timely action upon receipt of notice from Party B about the causes / reasons for the
delay in completing the work.
8.1.9 Within 05 days from the date of receipt of the payment profile under the provisions of
Article 4, Party A has not paid Party B without giving appropriate reason Party B accepts the
time construction will be no corresponding plus late payment days. Simultaneously Party A shall
be fined the amount of delayed payment by credit interest rate demand deposits of State Bank of
Vietnam of the value of delayed payment.
8.2. Responsibilities of Party B
8.2.1 Conduct communications with the urban management of application procedures and
construction commenced immediately upon signing the contract, getting the work site
preparation and advance work session 1
8.2.2 Delivery on time as stipulated in Article 2.
8.2.3 Construction, manufacturing and installation in accordance with the technical requirements
and quality agreed.
8.2.4 Cooperate with Party A organized to determine the volume of construction completed in
phases as well as the end as the basis for payment, settlement construction.
8.2.5 To ensure safety of the construction workers, are solely responsible for the occurrence of
any loss of safety.
8.2.6 Compliance with technical construction drawings as an integral part of this contract.
8.2.7 Make sure the construction does not affect the normal operation of Party A.
8.2.8 In the case of Party B and the principal home construction slow which did not provide
appropriate reasons to be approved by Party A, Party B will be subject to a fine for delay or 0.5%
of the total contract value / day and no more than 5% of total contract value.

Article 9: Warranty
9.1 Party B works warranty, the warranty period is 12 months (under normal conditions and used
in accordance with instructions from Party B) from the date of handing over the project put into
use, or Party A determined receipt and acceptance volume table (whichever comes first).
9.2 During the warranty period, if the damage occurred due to the fault of Party B, Party B shall
appoint a person to the scene to examine the damage, planned repairs and report to Party A (in
time party B 48 hours since receiving the written notice of party A). Party B will conduct
organizational perfection repairs as planned with the party A. If the repair time is scheduled by
Party B still does not fix it, repair, Party A will conduct repair with all expenses due to Party B
bear.
9.3 In case the product is damaged through no fault of Party B, Party A shall bear all the costs to
remedy the damage it.

Article 10: Case of Force Majeure

10.1 In the event that either party is prevented from implementing their obligations as stipulated
in this contract due to force majeure event, the affected parties must be notified in writing to the
other party in the Within 14 days after the event occurred, and the parties must take all measures
and efforts needed to limit the damage occurs.
Force Majeure is 10.2 cases occur beyond the control of the parties reasonably affected makes
the affected party can not perform its obligations stipulated in the contract. Events of force
majeure including but not limited to events such as restrictions, or government action or other
public authorities, war, hostilities, invasion, act of domestic enemies in addition, encourage
expropriation, embargo, rebellion, terrorism, revolution, insurrection, military coup to seize
power, civil war, strike, fire, flood, earthquake, hurricane, or other disaster other ear.
10.3 In the event of a force majeure event occurs, no party responsible for the damage, the costs
incurred or losses that the rest have to suffer due to the failure to complete its obligations or
delay implementation of the affected party cause, the failure to perform or delay in
implementation are not considered a breach of contract. Parties affected by the force majeure
event must implement the necessary corrective measures to limit or stop the damage arising from
the force majeure event, and in the shortest possible time continues to perform the obligations
specified in this contract.

Article 11: Suspension - Cancellation of Contracts - Pause construction


11.1 A party may suspend the contract or any part of the contract or to terminate this contract if
Party B violates the terms of this agreement and continue to breach the 07 days after receiving
notice violations by text or phone inside A. In such cases party A party B may request
compensation for loss or damage occurs.
11.2 However, Party B has the right similar to Party A has been described above in the case of a
violation of the terms of this agreement.
11.3 Within 05 working days (excluding weekends and holidays), Party A does not practice the
payment obligation for Party B as stipulated in Article 4 of this contract, Party B has the right to
suspend the the contract after 05 days of Party B submit a written notice to Party A of this
suspension.
11.4 In such cases aggrieved party may demand compensation for breaching party for loss or
damage to yourself and the other party shall be obliged to carry out the above compensation.

Article 12: General Provisions


12.1 The two sides committed to properly and fully implement the terms of the contract. All
amendments and supplements to the terms of the contract must be mutually agreed upon in
writing.
12.2 In the event of any problems, the two parties have to negotiate in a spirit of cooperation
mutually beneficial to solve the problem. If the two parties fail to reach agreement, the dispute
will be launched at the Court resolved the local economy. Court fees and related costs due to the
fault-tolerant. The language used to negotiate and reconciliation will be Vietnamese.
12.3 The contract takes effect from the date of signing and the end effect immediately after the
completion of his obligations under the contract.
12.4 This contract consists of 6 pages, was made in two (02) of equal value, each party retaining
one (01) and is valid from the date of signing.
REPRESENTED BY PARTY A

REPRESENTED BY PARTY B
Director

Mrs. Nguyn Th Hng Vn

Mr. ng c Nht