KEY CHANGES IN THE 2025 CONSTRUCTION LAW (PART 2)

Construction Law No. 135/2025/QH15 generally takes effect on July 1, 2026, with certain provisions applying from January 1, 2026. The Law introduces changes aimed at simplifying certain procedures, increasing the responsibilities of parties involved in construction activities, and promoting digital transformation in construction management.

4. Clarification of Force Majeure and Fundamental Changes in Circumstances

Article 13 of the 2025 Construction Law provides more specific provisions on force majeure and fundamental changes in circumstances in construction activities. These provisions relate to consideration of amendments to construction contracts and project adjustments where appropriate.

Determination of these circumstances must still satisfy the conditions prescribed by relevant laws, including civil law.

5. Promoting Digital Transformation in Construction Management0

The Law adds provisions on the national information system and database for construction activities, establishing a basis for stronger data management, sharing, and utilization in the construction sector.

Construction consultancy enterprises should take note of these provisions when standardizing and updating information on their qualifications, records, and project activities.

6. Multilingual Construction Contracts

Under Clause 3, Article 80 of the 2025 Construction Law, parties may agree on the order of precedence of language versions when a construction contract uses multiple languages. The contract must still include Vietnamese.

This provision is relevant to construction contracts involving foreign elements, particularly contracts drafted in Vietnamese and another language. Consistency of terminology and content across language versions requires attention.

7. Introduction of a Predetermined Damages Mechanism

Article 86 of the 2025 Construction Law introduces provisions allowing parties to agree on predetermined damages in construction contracts. This warrants attention when drafting and reviewing contracts, particularly those involving foreign elements or international standard contract forms.

Conclusion

The 2025 Construction Law tends toward simplifying certain state management procedures while increasing the responsibilities of project owners and other parties involved in construction activities. Construction consultancy enterprises should keep abreast of new provisions and related implementing guidance to proactively manage consultancy work, records, and contract performance.