Pressure from dual goals
In response to the request to disburse 100% of public investment capital in 2025 (previously 95%) and prepare to transition to a 2-level local government model, Dien Bien province said that it is reviewing and handling problems related to construction contracts.
These requirements were discussed at the regular meeting of the Provincial People's Committee in June (first time). In particular, removing difficulties for projects; site clearance, disbursement of public investment capital; arrangement of headquarters after merger; management and use of public assets...
Although the disbursement rate of public investment capital in the first 5 months of the year reached 33.39%, higher than the national average, it is equivalent to the same period in 2024 (33.51%).
This reality creates more pressure, forcing authorities to act soon when operating the 2-level local government model from July 1.
Accordingly, the Department of Construction of Dien Bien has requested relevant units in the area to review the content related to the construction contract.
The construction contract is an important legal basis for the parties to fulfill their obligations to disburse public investment capital. However, through grasping the reality, the leaders of the Department of Construction said that there are still some units that have not seriously implemented the content, so that the contract situation has expired before submitting a proposal for adjustment.
This not only complicates the handling process, creating a burden for the management agency but also risks violating the law on bidding and contracts.
Do not let disputes between contractors and investors occur
To avoid legal disputes between contractors and investors after restructuring the apparatus. The Department of Construction has proposed solutions that are highly constrained.
Accordingly, for contracts that are not eligible for settlement, investors must organize acceptance of completed and eligible volumes according to technical stops.
The leader of the Department of Construction explained that this is to ensure that the new investor after the arrangement does not have to re-evaluate or accept the qualified construction volume of the investor before the arrangement, avoiding overlap and time waste.
Even the completed volumes that are not qualified to be accepted (not yet complete, not meeting requirements...) must be assessed and recorded in detail in inspection minutes, as a basis for handover to the investor after the arrangement, to avoid loss of public assets.
"The units assigned to the investor are fully responsible for cases where they do not promptly grasp and submit to adjust the contract, leading to delayed disbursement, disbursement not in accordance with legal regulations, causing problems of violating legal regulations..." - the leader of the Department of Construction affirmed.
In particular, construction contracts need to be reviewed and adjusted promptly, without interrupting disbursement work.
