A resident requested functional agencies to guide the application of Clause 8, Article 120 of Decree No. 214/2025/ND-CP, related to the deadline for handling payment dossiers between investors and contractors.
According to feedback, in case the investor does not process the payment dossier within 14 days from the date of receiving sufficient documents, is the contractor required to calculate late payment interest for the unpaid amount or not?
People also requested clarification on how to determine the interest rate level in cases where the contract does not have a specific agreement on late payment interest.
Another obstacle raised is that in cases where bidding documents or signed contracts stipulate a payment term longer than 14 days, for example 30 or 60 days, the parties must comply with the contract or apply the term specified in Decree No. 214/2025/ND-CP.
Answering this content, the Ministry of Finance said that according to Clause 1, Article 113 and Clause 8, Article 120 of Decree No. 214/2025/ND-CP, contracts between investors or authorized units with contractors are civil contracts, established in writing.
The contract has been signed by the parties, is effective and in accordance with legal regulations, is the highest legal basis binding the responsibilities and obligations of the parties in the implementation process, and is also the basis for resolving arising disputes.
The contract content must be prepared according to the form in the bidding invitation dossier, request dossier and in accordance with the negotiation results, contract completion, contractor selection results, requirements of the bidding package and specialized legal regulations.
The Ministry of Finance affirmed that the handling of payment dossiers must be carried out within 14 days from the date the contractor submits sufficient documents and payment dossiers to the investor.
For cases of disputes arising during the implementation process, the Ministry of Finance emphasized that contracts that have been signed, are effective and in accordance with legal regulations are the highest basis for determining the responsibilities and obligations of the parties.
