Decree 210/2026/ND-CP on Construction Contracts: Key Changes Replacing Decrees 37/2015 and 50/2021

Decree No. 210/2026/ND-CP, dated 15 June 2026, provides detailed rules and guidance implementing several articles of the Construction Law on construction contracts. It takes effect on 1 July 2026 and replaces Decree No. 37/2015/ND-CP and Decree No. 50/2021/ND-CP. Together with Vietnam’s Construction Law 2025 (Law No. 135/2025/QH15) and Decree 206/2026/ND-CP on cost management, it forms the new legal framework for construction.

Mục 011. Subjects and scope

The Decree applies to employers (contract awarders), contractors and organisations and individuals involved in concluding and managing construction contracts. It details the core contents of construction contracts under the Construction Law 2025.

Mục 022. Matters governed in detail

2.1. Classification, content and dossier of contracts (Article 82)

The Decree guides Article 82 on classifying contracts and on the content and components of the contract dossier, helping parties standardise contract structure from signing.

2.2. Security for contract performance (Article 83.4)

It regulates the measures and levels of security for performing obligations under construction contracts, particularly for public-investment and public-private partnership (PPP) projects.

2.3. Contract amendment (Article 84.4)

It guides the methods, content and procedures for amending construction contracts, providing a transparent basis for adjusting volume, price and schedule during performance.

2.4. Suspension and termination (Article 85)

It sets out the cases, conditions and sequence for suspending and terminating construction contracts, helping parties handle disputes and risks on a clear legal basis.

2.5. Payment, finalisation and liquidation (Article 87)

It guides payment, finalisation and liquidation of construction contracts, tied to acceptance dossiers and conditions, reducing obstacles in capital finalisation.

Mục 033. Why it replaces Decrees 37/2015 and 50/2021

Decrees 37/2015/ND-CP and 50/2021/ND-CP were issued under the 2014 Construction Law. As the Construction Law 2025 takes effect, contract rules are consolidated, updated and harmonised into a single instrument, Decree 210/2026/ND-CP, for easier application.

Mục 044. What businesses should note

• Review and update construction-contract templates under the new structure and content before 1 July 2026.
• Standardise clauses on performance security, amendment, suspension and termination.
• Establish clear payment and finalisation processes aligned with acceptance dossiers.
• Determine application principles for ongoing contracts under the transitional provisions.

Mục 055. Frequently asked questions (FAQ)

When does Decree No. 210/2026/ND-CP take effect?

It takes effect on 1 July 2026 and replaces Decrees No. 37/2015/ND-CP and 50/2021/ND-CP.

What contract matters does it govern?

Contract classification and dossier, performance security, amendment, suspension and termination, and payment, finalisation and liquidation.

Do ongoing contracts apply it immediately?

Application to transitional contracts follows the Decree’s transitional provisions; businesses should review each contract specifically.

Mục 06HTIC by your side

HTIC Law Firm helps businesses draft, review and negotiate construction contracts under Decree No. 210/2026/ND-CP, and advises on suspension and termination, payment and finalisation, and dispute resolution. Contact HTIC to accompany you in each specific transaction.