Today, oil
and gas companies prefer to sign the EPC contracts than other forms of
contracts so that they can avoid and reduce any conflicts in execution of
contracts due to interfaces and risks between project companies and contractors
and easy to control the projects in every aspects.
EPC contracts are often used in medium and large scale oil and gas
projects in Vietnam since 1990s. According to international practices, in case
of any disputes or problems happened in the execution of EPC contracts, those
problems and disputes shall be referred to clauses of EPC contracts and settled
by arbitration in accordance with the signed contractual clauses and
conditions. In Vietnam, some projects are usually built to meet the socio-economic
issues and often guided by the Government. So it is a bit difference between
the Vietnamese and international practice. Hoang Huu Cam made a study which
aimed to focus on
the following issues with regard to GDC Project’s EPC contract:
1. Delay in
commissioning activity.
2. Consequences
of the delay.
-
Extension of Time for Completion to EPC Contractor
-
Compensation for EPC Contractor
-
Compensation for Certifying Agent
- Compensation
for BP
General Conclusion
1. The successful factors of the Project
There were two factors resulted in success of the GDC project. The most
important factor was tendering process and selecting the right EPC Contractor
for the right works. The EPC Contractor, DWE, has much experience in
engineering, procurement and construction. Besides, the Sub-contractor,
Petrovietnam Engineering & Construction Company (PVECC) is one of the
leading contractors in oil and gas industry of Vietnam.
Another factor was that the project management was very good
during construction period. The EPC Contractor applied the latest project
management knowledge for the project at that time and the Project Company was
very satisfactory to this matter. Through this project, with the purpose of
“on-job-training” both Subcontractor’s and the Project Company personnel
obtained much experience and project management knowledge from EPC Contractor.
2. Adversely Impacted Factors on GDC Project
The first thing PVGC faced with was that it had less authority to control
the relationships between the project’s stakeholders as well as
responsibilities between them. This happened because a substantial part was
mechanism in economic and business activities in Vietnam. Over 20 years of “Doi
Moi” process, Vietnam has pursued a Socialist Oriented Market Economy which is
a model that has no existence in the world so far. Vietnam has been seeking its
own way on the road of development and protection of the country. Hence Vietnam
has a lot of things to do in the process of global economy integration. Vietnam
also became a member of World Trade Organization in 2006 and it needs time to
change its existing legal system and business environment. These changes will
create an equal and fair business environment for every enterprise including
all businesses in all economic sectors.
Recommendations
Today although EPC Contracts are popularly
used for medium and large projects in infrastructure and in oil and gas sector,
but the success of applying the form of EPC Contracts are still dependant on
both jurisdictions and practices where they are used for. In countries where
jurisdictions are very stable and stringent, the application of EPC Contracts
is very easier and more advantageous than that in countries where jurisdictions
and legal systems are less stable and tight.
Based on the case study and analysis, the
following recommendations can be made:
For
the project company, PVGC:
- PVGC must have a program
summarizing all projects have been done and analyzing adverse factors in order
to prevent similar situations occurred in future projects.
- PVGC should make a proposal
submitted to PVN and EVN to ask them speed up their gas customers to catch up
the construction schedules planned during GDC construction period.
- PVGC should set up a risk
management program for each project from the beginning to completion of the
project.
- In order to minimizing any
loss which may be incurred in the future projects when having a participation
of any foreign company as stakeholder, PVGC should have more close relationship
with its customers and have some agreement like off-take agreement.
For
the EPC Contractor, DWE:
Because the DWE was the foreign EPC
Contractor, therefore the EPC Contractor had to scrutinize the local legal
system, practices and the economic mechanism in order to evaluate and foresee
any situation he may face with in the construction period. The following issues
needed to be taken before signing the EPC contract or sometimes are called
contract signing checklist.
1. Review your Bid: DWE should
review its Bid carefully before starting the signing of EPC contract.
2. Review complete plan: Before
signing EPC contract; DWE should review all plans including sub-contractor’s
plan, and the plans of other parties involved in the project.
3. Another aspect the EPC
Contractor should study laws, regulations and other statutory documents that
may affect the EPC Contractor during its execution of EPC Contract.
Abstract
Engineering, Procurement and
Construction (EPC) Contract is widely used today in the world in general and in
Vietnam in particular. Especially in oil and gas industry EPC contract is
getting more and more popular and is often involved in medium and large scale
oil & gas projects. According to an EPC Contract a contractor has
obligation to hand over a complete facility or complex to a Owner (or client)
who needs 'turn a key' to begin operating the facility, therefore EPC Contract
is now and then called “turnkey contract. Besides delivering a complete
facility or complex, the contractor shall deliver that facility or the complex
at a guaranteed price until a guaranteed date and he has to undertake the
construction work to satisfy designated specifications, requirements or to the
specified level. Any failure of his obligations to comply with any
specifications or requirements will often bring the contractor to bear monetary
loss and liability.
Vietnam Oil & Gas Group had
an early stage to get an application of EPC Contract forms in 1990s when
Vietnam had suffered the United States of America’s economic trade embargo
against all of its social and economic aspects. All EPC contracts that were
used in oil and gas projects in Vietnam at that time always had foreign
participations or involvement on those projects and most EPC contractors who
undertook the projects were foreigners. After United States of America lifting
its economic and trade embargo against Vietnam to date, the use of EPC
contracts has been spreading to various industries and sectors, especially for
ODA (Official Development Assistance) projects such as infrastructure projects
where capital had been funded by foreign countries, regional and international
financial institutions. The uses of EPC contracts are very common in energy
projects like power generation plants in recent years in Vietnam.
However, there is still debate on
the use of EPC contracts in Vietnam, because of Vietnam’s legal system,
practices in construction industry and other matters.
This study will only be focusing
on the use of one of EPC Contracts in the oil and gas sector in Vietnam – Phu
My Gas Distribution Center (hereinafter referred to as GDC) and state the
advantages, disadvantages and problems of EPC contracts applicable in oil &
gas projects in Vietnam. How to resolve the problems in exercising EPC
contracts and measures to be taken to prevent the problems will also be raised
in this study.