On the Ministry of Construction's Information Portal, reader H.V.T wondered:
For construction investment projects using state budget capital, is the extension of the construction contract implementation time under the authority of the investor or the investor?
Answering this question, after research, the Department of Economics - Construction Investment Management (Ministry of Construction) has the following opinion:
The adjustment of the implementation time of construction contracts under projects using state budget funds shall be implemented according to the content agreed upon between the parties in the signed contract in accordance with the bidding documents (request documents), bid documents (proposal documents) and legal regulations applicable to the contract (construction law, construction contracts, bidding, other relevant laws).
Because the question does not have data on the contract signing time, there is not enough basis to specifically determine the provisions of law applicable to the contract.
According to current law, based on the provisions of Clause 3, Article 58 of the Law on Promulgation of Legal Documents No. 64/2025/QH15, in case the project or bidding package falls within the scope of regulation of the Bidding Law, the authority to decide to adjust the contract implementation time shall be implemented according to the provisions of Clause 4, Article 70 of the Bidding Law No. 22/2023/QH15, amended and supplemented in Clause 37, Article 1 of Law No. 90/2025/QH15; in case it is not within the scope of regulation of the bidding law, it shall be implemented according to the provisions of Article 39 of Decree No. 37/2015/ND-CP.
