Abstract : A thermodynamic model has been developed that for the first time describes the entire creep process, including primary, secondary, and tertiary creep, and failure for both constant stress (CS) tests (sigma = const.) and constant strain rate (CSR) tests (epsilon = const.), in the form of a unified constitutive equation and unified failure criteria. Deformation and failure are considered as a single thermoactivated process in which the dominant role belongs to the change of entropy, Failure occurs when the entropy change is zero. At that moment the strain rates in CS tests reach the minima and stress in CSR tests reaches the maximum (peak) values. Families of creep (epsilon vs t) and stress-strain (sigma vs epsilon) curves, obtained form uniaxial compression CS and CSR tests of frozen soil, respectively (both presented in dimensionless coordinates), are plotted as straight lines and are superposed, confirming the unity of the deformation and failure process and the validity of the model. A method is developed for determining the parameters of the model, so that creep deformation and the stress-strain relationship of ductile materials such as soils can be predicted based upon information obtained from either type of test.