Decision 1040/QD-BXD: New Construction Contract Templates in Vietnam 2026

Decision 1040/QD-BXD is a document announcing 07 standard construction contract forms issued by the Ministry of Construction on June 26, 2026, and applicable from July 1, 2026. The issuance of this new construction contract form aims to unify the application of the law, while supporting investors, contractors, and consulting units in the process of negotiating, signing, and executing construction contracts in Vietnam, a process that often requires professional contract drafting services.

A standard construction contract is an important legal basis to establish the rights, obligations, and responsibilities between parties during the investment, construction, and management of a construction project. Viet An Law, a reputable law firm, updates the notable contents of Decision 1040/QD-BXD: new construction contract templates in vietnam 2026, the types of construction contracts under the new regulations, and important notes when applying these templates in practice.

Types of construction contracts under the latest Vietnamese regulations

A construction contract is a written agreement between the principal and the contractor regarding the establishment, change, or termination of civil rights and obligations to perform works in construction activities.

According to Article 82 of the Construction Law 2025 and Article 6 of Decree No. 210/2026/ND-CP, construction contracts in Vietnam are classified as follows:

Based on the nature and content of work performed

• Construction consultancy contract (consultancy contract)
• Construction execution contract for works
• Contract for supply of materials and equipment for installation into construction works
• Contract for design and supply of materials and equipment for installation into construction works
• Contract for design and construction execution of works
• Contract for supply of materials and equipment and construction execution of works
• Contract for design, supply of materials and equipment, and construction execution of works
• Turnkey contract
• Other construction contracts such as insurance contracts, mine clearance contracts.

Based on the contract price format

According to Clause 2, Article 82 of the Construction Law 2025 and Clause 2, Article 6 of Decree No. 210/2026/ND-CP, based on the nature and content of the performed work, a form of construction contract includes the following types:

• Lump-sum contract;
• Fixed unit price contract;
• Adjustable unit price contract;
• Time-based contract;
• Cost-plus fee contract;
• Output-based contract;
• Percentage-based contract;
• Mixed contract;
• Other construction contracts.

Based on the relationship of the participating parties

• Principal contract: A construction contract entered into between the investor and the principal contractor;
• Subcontract: A construction contract entered into between the principal contractor and the subcontractor, including cases where the subcontractor is designated by the investor;
• Internal assignment contract: A contract between the principal and the contractor belonging to the same agency or organization;
• Construction contract with foreign elements: A construction contract where at least one participating party to the contract is a foreign organization or individual.

Decision 1040/QD-BXD publishing construction contract templates from June 26, 2026 in Vietnam

Clause 2, Article 34 of Decree No. 210/2026/ND-CP stipulates:

“The Ministry of Construction guides and inspects the implementation of legal regulations on construction contracts and publishes construction contract templates for organizations and individuals to reference during the establishment and management of construction contract execution; organizes dissemination, training, and fostering to improve capacity in construction contract management.”

On that basis, on June 26, 2026, the Ministry of Construction issued Decision 1040/QD-BXD 2026 publishing the construction contract template. This includes 07 templates for the new construction contract form 2026 applied from July 1, 2026.

• Consultancy contract template for formulation of construction feasibility study report (Appendix I)
• Construction design consultancy contract template (Appendix II)
• Project management consultancy contract template (Appendix III)
• Construction execution supervision consultancy contract template (Appendix IV)
• Construction survey consultancy contract template (Appendix V)
• Construction execution contract template for works (Appendix VI)
• EPC contract template (Appendix VII)

Structure within the construction contract template

The published forms of construction contract are structured into 4 main parts:

• Part 1: Transaction information: transaction information of the principal and the contractor according to the provisions of law.
• Part 2: Bases for contract conclusion: referring to the legal bases used in the construction contract according to the type of contract and the implementation capital source.
• Part 3: General conditions of the contract: functioning as the “hard” components required in a construction contract.
• Part 4: Specific conditions of the contract: functioning as aspects that participating parties to the contract need to note for negotiation, deciding specific contents to include in the contract content according to each specific condition of the contract upon conclusion.

Applicable subjects for the construction contract templates in Vietnam

Primary contents of the construction contract template in Vietnam

The published construction contract template includes essential basic clauses that are orientational regarding: the scope of work of the contract; the rights, obligations, and responsibilities of the parties participating in the contract; damage compensation; application of dispute resolution models; contract amendment;…

Specifically, according to Clause 4, Article 82 of the Construction Law 2025, the content of a construction contract depends on the scale, nature, and complexity of the tasks within the contract. A standard construction contract may include the following contents:

• Applicable legal bases;
• Applicable law and language;
• Content and volume of work;
• Requirements for quality, technique, acceptance, and handover;
• Time and progress of executing the construction contract;
• Contract price, advance payment, payment, settlement, currency used in payment, and liquidation of the construction contract;
• Guarantee for the performance of obligations in the construction contract of the parties;
• Amendment of the construction contract;
• Rights and obligations of the parties;
• Responsibilities for violating the construction contract, rewards, and penalties for violating the construction contract;
• Suspension and termination of the construction contract;
• Resolution of construction contract disputes;
• Risks, force majeure events, and fundamentally changed circumstances;
• Other contents.

Notes when using the construction contract template in Vietnam

• Customization according to reality: When using the published construction contract template, the parties are required to supplement and adjust the content to align with: The specific requirements and conditions of the bidding package/project; the implementation capital source; the current legal regulations applicable to the contract.
• Flexible application for unpublished contract types: For types of contracts that do not have a ready-made template in this Decision (such as construction investment consultancy contracts, EP, EC, PC…), the parties need to reference and apply the published templates to update, adjust, and supplement as a basis for establishing a form of construction contract suitable for reality and management requirements.
• Note on the contract price format: The templates in Section 3 are built based on a specific price format. In case the parties apply a different contract price format, it is mandatory to carefully study the relevant regulations and detailed instructions in the construction contract template to readjust the content for compatibility.
• Update according to changes in the law: At the time of signing, if the applicable law undergoes changes or adjustments, the relevant organizations and individuals must immediately update, amend, and supplement the clauses in the construction contract template to ensure legality.
• Closely follow instructions on specific conditions: In addition to the above principles, the parties must rely on the instructions in the “Specific conditions” section of each template to proactively refine clauses according to the specific characteristics of the bidding package and management requirements.

Related questions

Is it mandatory to use the construction contract template under Decision 1040/QD-BXD?

No. The templates published in Decision 1040/QD-BXD are only for reference purposes for organizations and individuals to use during the negotiation, signing, and management of the execution of construction contracts in Vietnam. The parties can amend and supplement the content to suit each project, bidding package, and current legal regulations.

For types of construction contracts that do not have a separate template (such as EP, EC, PC contracts, or certain other consultancy contracts), the parties can refer to the published templates to adjust and supplement accordingly to the nature of the bidding package and legal regulations.

When does a construction contract take effect?

A construction contract takes effect when it fully meets the conditions according to the provisions of civil law regarding the effective conditions of civil transactions, and the parties must have sufficient conditions and capacity according to the provisions of the Construction Law 2025.

A legally concluded construction contract takes effect from the time of conclusion or another time agreed upon by the parties; in cases where the construction contract is notarized, the effective time of the construction contract shall comply with the legal provisions on notarization. From the time the construction contract takes effect, the parties must exercise their rights and obligations toward each other as committed. A construction contract may be amended or terminated according to the agreement of the parties or according to the provisions of law.

When can the parties agree to amend a construction contract?

The parties can agree to amend a construction contract in the following cases:

• The State changes policies and laws that directly affect the execution of the construction contract;
• Changing or adjusting requirements regarding content, scope of work, technique, product quality, implementation progress, conditions for advance payment, and payment that have been agreed upon by the parties in the construction contract;
• In case a force majeure event occurs or the circumstances for executing the construction contract fundamentally change;
• Other cases as agreed by the parties in accordance with the provisions of the Construction Law 2025 and other relevant legal provisions.

If clients need support from contract drafting services, review of construction contracts, dispute resolution, or legal issues related to construction investment activities, Viet An Law, as a professional law firm, is always ready to accompany and provide comprehensive and effective legal solutions regarding Decision 1040/QD-BXD: new construction contract templates in vietnam 2026.