Dr. Nguyen Thi Hoa, a Senior Legal Counsel at Lawrel, contributed the chapter “Application of FIDIC Contracts in Vietnam” to the book FIDIC Contracts in Asia Pacific – A Practical Guide to Application.
The FIDIC forms of contract originate from English Law. Consequently, many issues regulated in the contracts do not exist in Vietnamese law, such as the concept of liquidated damages or the Engineer’s role in resolving conflicts between the Contractor and the Employer. Even when issues addressed by the FIDIC forms do exist in Vietnamese law, the approaches to resolving them differ, such as the role of the Dispute Adjudication Board (DAB) or the timing of contract liquidation.
Therefore, this chapter analyzes the points of compatibility and incompatibility between the FIDIC contract forms and Vietnamese law. The aim is to provide useful information for FIDIC users so they can amend the contract forms to suit the applicable law and the needs of each specific project.
Additionally, the book was published in the context of the COVID-19 pandemic, which greatly affected the performance of construction contracts. For this reason, legal provisions related to the consequences of contract breaches, such as force majeure or fundamental change of circumstances (hardship), are also analyzed from the perspective of Vietnamese law to serve users of the FIDIC contract forms.
Please see more information about the book at: https://www.routledge.com/FIDIC-Contracts-in-Asia-Pacific-A-Practical-Guide-to-Application/Charrett/p/book/9781032061436