SYLLABUS

INTERNATIONAL CONSTRUCTION CONTRACT

(Attached to the Decision No: ………/QĐ-ĐHNT dated / / of the President of

Foreign Trade University)

Course title : International Construction Contract

Course code : PLUE433
Faculty : Law
Department : International Business Law
Credit(s) : 03
Prerequite(s) : International Private Law (PLUH311)

1. INSTRUCTOR(s) INFORMATION
No Instructors’ name Email Phone number
1 Associate, Prof. Nguyen Minh Hang hangnm@ftu.edu.vn 0904145514
2 Dr. Ha Cong Anh Bao baohca@ftu.edu.vn 0912425009
3 LLM Nguyen Thi Quynh Yen yenntq@ftu.edu.vn 0965651024

2. COURSE DESCRIPTION
This is an optional major course of LLB in International Business Law. This course equips
students with theoretical and practical knowledge to understand, analyse, apply provisions of law
on Construction contract and International Construction contract. Based on provisions of
Vietnamese law on construction contract, which are analysed and compared to FIDIC contract.
Hence, on the completion of this course, students gain fundamental knowledge of laws on
international construction contract in international business law.
In addition, this course also provides students skills to analyse legal issues, draft contract
terms and resolve disputes regarding construction contract via practical disputes in various areas,
such as: perform behind schedule, extend time of performance, cost of extension, damages
compensation and contract cancellation due to breach of construction progress and quality, …
3. COURSE LEARNING OUTCOMES
3.1. Course Learning Outcome for knowledge, skills and level of autonomy and
responsibility
On completion of this course, the students should be able to:
3.1.1. Knowledge
CLO1: Compare definitions, characteristics, fundamental terms of international
construction contract under Vietnamese laws with FIDIC contract;
CLO2: Apply knowledge of the course to resolve arising disputes, give examples and
explain these disputes;
CLO3: Analyze and evaluate arising situations, potential disputes; Distinguish the
difference when applying various sources of law to resolve problems.
3.1.2. Skills
CLO4: Teamwork skill;
CLO5: Contract drafting and reading skill;
 CLO6: Problem-solving skill;
3.1.3. Level of autonomy and responsibility
CLO7: Comply strictly provisions of law;
CLO8: Have a good manner when participating in International business law.
3.2. Matrix of Course Learning Outcome’s contribution to the
Program Learning Outcomes

Course Program Learning Outcomes (PLO)

Learning
Outcome 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
CLO1 x x x x
CLO2 x x x x
CLO3 x x x x
CLO4 x x x X
CLO5 x x x x x x x
CLO6 x x x x x x x
CLO7 x x x x x x x
CLO8 x x x x x
CLO9 x x x x x
CLO10 x x x x x
Học phần 0 2 3 5 3 4 5 5 5 4 3 4 4 4 4 5

4. MATERIALS
4.1. Textbook (s)
1. Nguyen Minh Hang, 2012, Textbook in International Business Law, Vietnam
National University Press, Hanoi
4.2. Compulsory reading (s)
2. Vietnam Civil Code 2015
3. Vietnam commercial law 2005
4. Vietnam construction law 2014 and Decree No 37/2015/ND-CP regarding construction
contract
5. Law on bidding 2013
6. FIDIC contracts (Red book, yellow book, silver book, green book) 1999, 2017
7. UNIDROIT Principles of International Commercial contract 2016
4.3. Optional reading (s)
* Books
8. Prof. Nguyen Thi Mo (Chief Author), 2012, Textbook in law on foreign economic
activities, Information and Communications Publishing house, Hanoi.
9. Dr. Tran Thi Hoa Binh, Dr. Tran Van Nam, 2005, Textbook in International Commercial
law, Labour-Social Publishing house, Hanoi.
10. Hanoi Law University, 2006, Textbook in International Commercial law, Judicial
Publishing house, Hanoi.
 11. Associate, Prof. Nguyen Dang Dung, Dr. Nguyen Ngoc Dao, 2000, International
business law, Dong Nai Publishing house.
12. VCCI, 2002, 50 selected international arbitral awards, Hanoi
13. VCCI & Danida, 2007, Selected international arbitral awards, Judicial publishing house,
Hanoi.
14. VCCI & Danida, 2007, Handbook on Commercial contract, Hanoi.
15. Ugo Draetta (Pr of International Law, Catholic University of Milan), Dispute Resolution
in International Construction linked Contracts, International Business Law Journal, n01-
2011, p.69-84.
16. R. KNUTSON (éd.), FIDIC. An Analysis of International Construction Contracts, La
Haye, 2004.
17. Chr. THOMAS, S. HUGUES et J. GLOVER, Understanding the New FIDIC Red Book :
a Clause-by-clause Commentary, Londres, 2006.
18. B. DE CAZALET, The New FIDIC Conditions of Contract for Design, Build and
Operate Projects (DBO) (The Gold Book), Rev. Dr. Aff. Int., 2012, pp. 439-467.

4. Website
19. http://www.xaydung.gov.vn
20. www.fidic.org

5. COURSE CONTENT, SCHEDULE AND METHOD

5.1. Course content and schedule
Time Allocation
Hour(s) on the class Self-
study Contributio
No. Essays, with the n to Course
Content
Practice, teacher’ Learning
exercise,
Lecture Seminar… s Outcome
assignment tutorials
(1) (2) s (3) (4)
Chapter 1. Overview of 4 2 1,5,6,7,8
1-2 3 10
Construction contract
Chapter 2. Construction
3-4 contract under 4 2 4 10 2,5,6,7,8
Vietnamese law
Chapter 3. FIDIC model 3,5,6,7,8
5-6 4 2 4 10
contracts
Chapter 4. Signing
7-9 international 6 3 6 15 4,5,6,7,8
construction contract
Chapter 5. Performance
10 of International 2 1 0 10 1,2,3,4,8
construction contract
11- Chapter 6. Dispute 8 4 8 20 1,2,3,4,5,
14 resolution of
 international 6,7,8
construction contract
Review 1,2,3, 4, 5,
15 2 1 0 5 6, 7, 8
Total (hours) 30 15 25 80 150

5.2. Detailed content

No. Teaching activities Hour Content Contributi
(s) on to CLO
Lecture 2 Chapter 1. Overview of Construction 1,5,6,7,8
Practice, Seminar 1 contract
1.1. Definition, characteristics of
construction contract, international
construction contract
1.2. Source of law of international
construction contract
- National law
- Treaty
- Model contracts
1 Essays, exercise, 0
assignments
Self-study with the 5 Read [1- Ch4], 2, 3, 4, 6, 7
teacher’s tutorials
Assessment - Definition and types of construction contract
- Characteristics of a Construction contract
- Definition, characteristics of International
Construction contract
- Sources of law of construction contract and
international construction contract
2 Lecture 2 Chapter 2. Provisions of Vietnamese law 2,5,6,7,8
Practice, Seminar 1 on Construction contract
2.1. The Construction law and Decree No.
37/2015/ND-CP regulating details on
construction contract
2.2. Commercial law, Civil code
Essays, exercise, 2
assignments
Self-study with the 5 Read [1, ch.2]; Read reference materials No.
teacher’s tutorials [7], [8], [9], 10, 12, 13
Assessment - List provisions of Vietnamese law on construction
contract.
 - Construction contract: Civil contract or Commercial
contract? Why?
Lecture Asses Chapter 2. Construction contract under 2,5,6,7,8
smen Vietnamese law
t 2.3. Law on Bidding
Practice, Seminar 1 2.4. Relevant provisions of law (Public
investment law, PPP Law)

Essays, exercise, 2 Discuss: Compare provisions of invalid

3 contracts of PICC with those of Vietnamese
assignments
law
Self-study with the 5 Read [1- Ch4], 4, 5
teacher’s tutorials
Assessment (….) - Provisions regulating state capital management that
must be complied by works using state funds?
- Distinguish Construction contract and PPP contract
Lecture 2 Chapter 3. FIDIC contracts 2,3,8
Practice, Seminar 1 3.1. General introduction to FIDIC contracts
3.2. Types of FIDIC contracts

Essays, exercise, 2
assignments
4 Self-study with the 5 Read [1- Ch4], 6, 7
teacher’s tutorials
Assessment (….) - Formation and development process of FIDIC
contracts
- Distinguish types of FIDIC contracts
- Compare 2017 FIDIC contract to 1999 version, what
are the new content?
Lecture 1 Chapter 3. Types of FIDIC contract 3,5,6,7,8
Practice, Seminar 2 3.3. How to choose and use each type of
FIDIC contracts
3.4. Use FIDIC contracts in Vietnam
Essays, exercise, 2

5 assignments
Self-study with the 5 Read [1- Ch4], 6, 7
teacher’s tutorials
Assessment - How to choose and use each type of FIDIC contracts
(Silver book, Green book, Red book, Pink book,
White book,…)
- Notes when using FIDIC contracts in Vietnam
Lecture 1 Chapter 4. Signing International 3,5,6,7,8
6 Practice, Seminar 2 construction contract
 4.1. Signing procedure of the contract
4.2. Provisions of law on bidding and
international bidding
4.3. General and separate terms of the
contract
Essays, exercise, 2
assignments
Self-study with the 5 Read [1- Ch4], 2, 4, 5, 6, 7
teacher’s tutorials
Assessment - Signing procedure of a construction contract
- Distinguish international bidding and national
bidding?
- The link between International General construction
contract (GCC) and International Separate
construction contract (SCC)
Lecture 2 Chapter 4. Signing international 4,5,6,7,8
Practice, Seminar 1 construction contract (continued)
3.4. Principle construction and Sub-
construction contract
3.5. Notes when drafting some terms of
international construction contract
Essays, exercise, 2
assignments
7 Self-study with the 5 Read [1- Ch4], 2, 3, 5, 6.
teacher’s tutorials Prepare group assignments: Give comments
on terms of international construction
contract in Vietnam.
Assessment - The relation between principle construction contract
and sub-construction contract.
- Notes when drafting term of price, quality, progress
and handover, compensation and limit of
compensation, penalty, applicable law, dispute
resolution.
8 Lecture 2 Chapter 4 - Breach of contract and 4,5,6,7,8
Practice, Seminar 1 remedies for breach of contract
(Continued)
- Groups present assignments: Give
comments on terms of international
construction contract
- The Lecturer gives comments, asks
questions.
- Lecturer Summarizes Chapter 4.
Essays, exercise, 2
assignments
 Self-study with the 5 Read [1- Ch4], 2, 3, 5, 6
teacher’s tutorials
Assessment - Give comments, evaluate International construction
contract according to FIDIC contracts in Vietnam
- Experience lessons regarding drafting contract
according to FIDIC contracts in Vietnam?
Lecture 2 Chapter 5. Performance of International 4,8
Practice, Seminar 1 construction contract
5.1 Principles of contract performance
5.2. Rights and obligations of Construction
project owners
5.3. Breach of contract by Construction
project owner and resolution.

Essays, exercise, 2 Discuss a case in which the Construction

assignments project owner violates term of payment and
9 hand over the works after the time regulated
in the contract.
Self-study with the 5 Read [1, ch.2]; Read [2], [2], [3], 12
teacher’s tutorials Reference material No [7]
Assessment - Performance principles of international construction
contract
- Principle obligations of Construction project
owners?
- Responsibility of Construction project owners for
breach of contract
Lecture 2 Chapter 5. Performance of International 1,2,3,4,8
Practice, Seminar 1 construction contract (continued)
5.4. Rights and obligations of principle
contractors/subcontractors.
5.5. Breach of contract by Construction
Contractor and resolution

Essays, exercise, 1 Discuss a case in which the Contractor

10
assignments violates obligations (Performance behind
schedule, malfunctions of equipment, …)
Self-study with the 10 Read [2], [12]
teacher’s tutorials
Assessment - Principle obligations of construction contractors?
- Responsibility of Construction contractors for
breach of contract? Responsibility of principle
contractors for breach of contract by subcontractors?
11 Lecture 2 Chapter 5. Performance of International 1,2,3,4,5,
Practice, Seminar 1 construction contract (continued)
5.6. The role, rights and responsibility of
 consultants in international construction 6,7,8
contract
5.7. The role of sponsor in the performance of
international construction contract and pink
book of FIDIC.

Essays, exercise, 2 Discuss a dispute regarding responsibility of

assignments supervision consultants

Self-study with the 5 Read [1- Ch4], 2, 3, 5, 6, 7

teacher’s tutorials
Assessment - Responsibility of design consultants, supervision
consultants in the performance of international
construction contract?
- Some specific content of FIDIC pink book and the
role of sponsors in the performance of the contracts.
Lecture 2 Chapter 6. Dispute resolution of 1,2,3,4,5,
Practice, Seminar 1 international construction contract
6.1. Complaints, negotiation 6,7,8
- Complaint procedure
- Time of complaints

Essays, exercise, 2 Discuss a dispute of non-complaint within 28

assignments days under FIDIC pink book.
12
Self-study with the 5 Read [1- Ch6], 2, 3, 5, 6
teacher’s tutorials Dispute materials given by the Lecturer
Assessment - Dispute resolution methods of international
construction contract
- Time and procedure of complaint under FIDIC
contracts and Vietnamese law?
- Legal consequences for non-compliance with time
for complaints under FIDIC contracts?
13 Lecture 2 Chapter 6. Dispute resolution of 1,2,3,4,5,
Practice, Seminar 1 international construction contract
(continued) 6,7,8
5.2. Dispute Board (DB/DAB/DAAB)
- Establishment procedure of DB
- Time of DB establishment
- Working and decision making method of
DB

Essays, exercise, 2 Discuss a case of the non-establishment of

assignments DB and its legal consequences.
 Self-study with the 5 [1- Ch6], 2, 3, 5, 6
teacher’s tutorials Dispute materials given by the Lecturer
Assessment - Dispute resolution methods of international
construction contract
- Types of DB and the role of DSB in dispute
resolution of construction contract.
- Legal consequences of non-establishment of DB
under FIDIC contracts.
Lecture 2 Chapter 6. Dispute resolution of 1,2,3,4,5,
Practice, Seminar 1 international construction contract
(continued) 6,7,8
5.3. Arbitration
- An arbitration moot of international
construction contract under FIDIC silver
book 2017 with the applicable law is
Vietnamese law.
14 Essays, exercise, 2
assignments
Self-study with the 5 [1- Ch6], 2, 3, 5, 6,7
teacher’s tutorials Dispute materials given by the Lecturer
Assessment - Notes on dispute resolution of international
construction contracts via arbitration?
- Procedure and practice of recognition and
enforcement of Foreign Arbitral awards in Vietnam?
Lecture 2 Review – Mid-term assessment 1,2,3,8
Practice, Seminar 1
- The Lecturer summarizes taught knowledge.
- The Lecturer answers questions from
students
- Mid-term assessment
15
Essays, exercise, 0
assignments
Self-study with the 5 Review [1]
teacher’s tutorials
Assessment Mid-term exam (prepared by the Lecturer)

6. COURSE POLICY
- The Course policy is under the current training regulations
- If students do not make presentation, assigments or make plagiarism are zero marks
7. COURSE ASSESSMENT
 Assessment Content Evaluation Criteria CLO Rate
Formative - Class - Class attendance is
assessment Attendance mandatory. Students are 1,2,3 10%
- In-class expected to arrive on
discussions time, to be willing and
able to discuss in the
Regular lectures.
assessment - Participating in
discussion and answer
teacher’s questions.
Voluntee or be assigned
to answer the questions
Mid-Term Lecture can Assignments/problem 1,2,3, 30%
choose one or a sets/reports: 4,5,6,
combination of One or more 7,8
the following specific topics will be set
mid-term exam by the lecturers. The
forms: assignment requires
Assignment, students to undertake
Mid-term exam, independent research.
Presentation The assignment is
presented on A4 paper
size, font: Times New
Roman or VnTime (size
14), top, bottom, left and
right margin is 2.5 cm,
2.5cm, 3.5cm, 2cm
respectively; line space is
1.5.
Oral presentation:
The class will divided
into small groups. Each
group shall be provided
10-15 minutes for
presentation, and 5-10
minutes for answering
questions. The questions
can be raised by anyone
in the class and by the
lecturers.
Mid-term exam:
 One mid-term exam in
writing will be set by the
lecturers. It includes
multiple choices, short
questions, and case study
questions. The exam can
be open/ or closed book,
which is decided by the
lecturers.

Summative Final term Written answers + For Written answers: 1,2,3, 60%
assessment or assignments The questions and/or 4,5,6,
cases are related to issues 7,8
taught in the course
 Answer clearly, five
arguments based on
provisions of law: 9
points
 Give personal
opinions: 1 point
+ For Assignments: an
advanced issue
introduced in the course.
 Identify the issue
clearly: 2 points
 Analyze content of
the issue: 2 point
 Evaluate provisions of
law: 2 points
 Evaluate reasons of
the Court/legal
science: 2 points
 Give personal
opinions: 1 points
 Give arguments with
coherent and
cohesion: 1 point

Total 100%

DEAN OF FACULTY HEAD OF DEPARTMENT