The Ministry of Construction received a petition from voters in Hai Phong city transferred by the National Assembly's Committee for Petitions and Supervision in Document No. 498/UBDNGS16 on transferring voters' petitions sent after the first session of the 16th National Assembly.
Accordingly, voters proposed to study and soon issue guidelines for handling construction contracts in case of large price fluctuations, in the direction of allowing the application of force majeure mechanisms or fundamentally changing circumstances to create a legal corridor to remove difficulties. Review and adjust tax and fee policies and price management tools for essential building materials to contribute to stabilizing the market and reducing input cost pressure.
After research, the Ministry of Construction said that it is about issuing guidelines on handling construction contracts in case of large price fluctuations to create a legal corridor to remove difficulties. Implementing the task assigned in Construction Law No. 135/2025/QH15, the Ministry of Construction has advised the Government to issue Decree No. 210/2026/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Construction Law on construction contracts (effective from July 1, 2026).
Clauses 2 and 3 of Article 84 of the Construction Law No. 135/2025/QH15 and Article 18 of Decree No. 210/2026/ND-CP have specific regulations on management and implementation of construction contracts in cases of force majeure, fundamental changes in circumstances, abnormal price fluctuations, exceeding the predictability of the parties at the time of contract conclusion.
Accordingly, the parties can agree to amend the construction contract in case of force majeure events or fundamental changes in the implementation of the construction contract as prescribed in Article 13 of the Construction Law No. 135/2025/QH15. In this case, for public investment projects, PPP projects, the amendment of the construction contract may include amendments to the type of contract, form of contract price, method of price adjustment, data source to adjust contract price and other related contents as prescribed in point d, clause 3, Article 84 of the Construction Law No. 135/2025/QH15.
In case of abnormal price fluctuations, exceeding the predictability of the parties at the time of contract conclusion, which may cause serious damage to one party, seriously affecting the performance of the signed contract, based on the nature, content of work and specific conditions of the contract, the parties must conduct analysis and assessment of the impact of price fluctuations compared to the contract conclusion, the damage of each party in case of continued deployment or termination of the contract and compare with regulations on force majeure, fundamental changes in construction activities to serve as a basis for considering and deciding to amend the contract according to regulations, ensuring harmony of interests and risk sharing between the parties.
Regarding the review and adjustment of tax and fee policies and price management tools for essential building materials to contribute to stabilizing the market and reducing input cost pressure, the prices of building materials not included in the list of State pricing and price stabilization according to the provisions of Price Law No. 16/2023/QH15. Contents related to tax and fee policies and price management tools shall be implemented in accordance with financial laws.
According to the provisions of construction law, construction material prices are surveyed and collected to serve the periodic announcement of construction material prices in localities. Performing the state management function of the Ministry of Construction, in the past time, the Ministry of Construction has reported and advised the Government and Government leaders on the management of construction material prices, assessing the impact of fuel price fluctuations on construction material prices and construction investment costs; advised the Prime Minister to issue Official Dispatches No. 25/CD-TTg dated March 21, 2026, Official Dispatch No. 28/CD-TTg on strengthening management, administration, and price stabilization.
At the same time, the Ministry of Construction has issued documents No. 1966/BXD-KTQLXD dated February 12, 2026, No. 4385/BXD-KTQLXD dated March 23, 2026 and No. 10426/BXD-KTQLXD dated July 7, 2026 guiding and urging ministries, branches, localities and related units to invest in construction projects with solutions to strengthen the management and announcement of construction material prices; proactively monitor and forecast the development of construction material prices; closely monitor, control, and promptly have solutions to manage and stabilize construction material prices to ensure the implementation of construction investment projects, especially key national projects.
