|
THE GOVERNMENT
OF VIETNAM
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
|
No: 17/2025/ND-CP
|
Hanoi, February
06, 2025
|
DECREE
AMENDMENTS
TO CERTAIN ARTICLES OF DECREES ON ELABORATION OF AND MEASURES FOR IMPLEMENTATION
OF THE BIDDING LAW
Pursuant to the Law on Government Organization
of June 19, 2015; Law on amendments to the Law on Government Organization and
the Law on Organization of Local Governments dated November 22, 2019;
Pursuant to the Law on Bidding dated June 23,
2023;
Pursuant to the Law on amendments to Law on
Planning, Law on Investment, Law on Public-private Partnership Investment, and
Law on Bidding dated November 29, 2024;
At the request of the Minister of Planning and
Investment of Vietnam;
The Government promulgates a Decree on
amendments to certain articles of Decrees on elaboration of and measures for
implementation of the Bidding Law.
Article 1. Amendments to
Article 1 of Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 on elaboration
of and measures for implementation of the Law on Bidding on selection of
investors to implement projects subject to bidding organization in accordance
with laws on specific sectors and fields
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“3a. The selection of investors in special
circumstances shall be executed in accordance with the regulations specified in
the Government's Decree on elaboration of and measures for implementation of
the Law on Bidding on selection of investors to implement land-based
projects.”.
Article 2. Amendments to
Article 1 of Government’s Decree No. 24/2024/ND-CP dated February 27, 2024 on
elaboration of and measures for implementation of the Law on Bidding on
elaboration of and measures for implementation of the Bidding Law regarding
contractor selection
1. Point g, Clause 1, Article 1 shall be amended as
follows:
g) Clause 2, Article 29 on contractor selection in
special circumstances;”
2. Article 2a shall be added after Article 2 as
follows:
“Article 2a. Procedures for implementation of
Clause 5 Article 3 of the Law on Bidding
Before signing international treaties, or foreign
loan agreement containing specific regulations on bidding which are different
from those of the Law on Bidding or are not included in the Law on Bidding, the
Government shall decide whether to apply regulations on bidding following
procedures as follows:
1. Before negotiations, the governing authority of
the project shall send a written proposal to the authority in charge of
negotiation on the application of regulations on bidding which are different
from those of the Law on Bidding or are not included in the Law on Bidding. The
contents of the written proposal shall include:
a) Regulations adopted by the donor or international
organization which are different from those of the Law on Bidding or are not
included in the Law on Bidding;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The authority in charge of negotiation shall
solicit opinions from the Ministry of Foreign Affairs, the Ministry of Justice,
and relevant agencies on the proposal to apply regulations on bidding which are
different from those of the Law on Bidding or are not included in the Law on Bidding,
and contents of international treaties or foreign loan agreements. The enquired
authorities shall respond in writing to the authority in charge of negotiation
within 5 working days from the receipt of the request for opinions and relevant
documents.
3. Before signing international treaties or foreign
loan agreements, the authority in charge of negotiation shall decide whether to
apply regulations adopted by the donor or international organization of which
the State or Government of the Socialist Republic of Vietnam is a member.”.
3. Clause 12 shall be added after Clause 11 Article
12 as follows:
“12. The bidder is responsible for submitting the
fees specified in Clause 11 of this Article. If the bidder fails to pay the
fees by the deadline, its account will be suspended. The bidder shall not be
allowed to carry out any related transactions on VNEPS until the fees are fully
paid as required.
4. Certain points and clauses of Article 16 shall
be amended as follows:
a) Point b, Clause 2 shall be amended as follows:
“b) Description and scope of work, number of
experts, performance duration, capacity and experience of consultants, expert
salaries in accordance with law (if any) and other factors.
Ministries responsible for labor management shall
take charge and cooperate with relevant ministries and authorities in issuing
regulations on domestic expert salaries serving as grounds for determining
contract package price;”;
b) Point dd, Clause 2 shall be amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Point a, Clause 4 shall be amended as follows:
a) The state budget estimates approved by competent
authority according to the fiscal year or budget estimate to be allocated in
the fiscal year or budget estimate to be allocated in case of procurement for
the next year or procurement for many years; expected legal financial resources
in the fiscal year or expected legal financial resources for the following
years in case of procurement for the next year or procurement for many years;”;
d) Clause 7 shall be added after Clause 6 as
follows:
“7. For the budget estimates approved according to
Point d, Clause 3, Article 23, Point c, Clause 8, Article 39 of the Law on
Bidding and Clause 2, Article 131 of this Decree, the budget estimates shall be
prepared and approved in accordance with the laws; In cases where there are no
specific regulations, the employer or the authorized entity shall approve the
budget estimates.”.
5. Points dd, e, g, and h shall be added after
point d Clause 1 of Article 18 as follows:
“dd) The bidder withdraws their bid or request for
proposals after the deadline for submission of bids and during the bid or
proposal's validity period;
e) The bidder fails to submit the original bid
security at the request of employer or procuring entity; fails to pay in cash;
or fails to submit a deposit in cheque, letter of guarantee, or certificate of
surety bond insurance in accordance with regulations of laws on bidding;
g) The successful bidder fails to furnish the
required performance security;
h) The bidder refuses or fails to accept the
contract award approval within 03 days from the date the employer request the
bidder to accept the contract award approval on VNEPS for shortened online
quotation process.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1. Information about contractor selection is
publicly posted on VNEPS. The employer is responsible for posting information
about violating bidders, untrustworthy bidders, contractors having their
contract terminated due to their faults, and contractors that are prohibited
from participating in bidding activities on VNEPS The employer may modify this
information (if required), attach the decision on modifications, specify the
reasons for the modifications and take responsibility for the amended
information.”.
7. Certain clauses of Article 22 shall be amended
as follows:
a) Clause 3a shall be added after Clause 3 as
follows:
“3a. Contract negotiation (if any) for contract
packages of goods procurement, construction, non-consulting services applying
international bidding, mixed contract packages, and contract packages applying
limited bidding specified in Clause 1, Article 22 of the Law on Bidding.”;
b) Clause 6 shall be added after Clause 5 as
follows:
“6. Bidding activities conducted in advance as
prescribed in Article 42 of the Law on Bidding shall follow the procedures
outlined in Clauses 1, 2, 3, 3a, and 4 of this Article. The finalization,
signing, and management of contract performance specified in Clause 5 of this
Article shall be performed after the approval of project investment.”
8. Certain points and clauses of Article 24 shall
be amended as follows:
a) Point b, Clause 1 shall be amended as follows:
“b) Approved specific contractor selection plan.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Point d, Clause 3 shall be amended as follows:
d) There is a bid security with value and validity
period and the beneficiary meets the requirements of the bidding documents. Bid
security, in the form of a bank guarantee or certificate of guarantee
insurance, shall not violate any of the following requirements: their value or
validity period must meet the minimums specified in the bidding documents, the
beneficiary name must be correct, a valid signature must be present, the
signature cannot be dated before the bidding documents were issued, the
document cannot contain any conditions that disadvantage the employer or
procuring entity. The bank guarantee or certificate of guarantee insurance must
be signed and stamped by a legal representative of a domestic credit
institution or foreign bank branch established under Vietnamese law, a domestic
non-life insurer, branch of foreign non-life insurer established under
Vietnamese law (if any). For insurance contract packages, participating bidders
may not present the certificates of guarantee insurance. For the contract
package for which the bidding is conducted in advance as prescribed in Article
42 of this Law, the bidder shall not furnish a bid security but must provide a
commitment in its bid;”.
9. Certain points and clauses of Article 30 shall
be amended as follows:
a) Point b, Clause 4 shall be amended as follows:
b) Technically-responsive bidders may undergo
financial evaluation using least-cost selection or evaluated price selection.
The bidder who has the lowest bid price (after error correction, deviation
adjustment, any discounts or incentives) (for the least-cost selection) or has
the lowest evaluated price (for the evaluated price selection) is ranked first.
Discount letters that are not published in the bid opening minutes will not be
evaluated.
If only one bidder is technically responsive, there
is no need to determine the bidder ranking list. The employer does not have to
approve the bidder ranking list.”;
b) Clause 5 and Clause 6 shall be amended after as
follows:
“5. Expert team prepares a report on the bid
evaluation result and sends it to the procuring entity for review. The report
on bid evaluation result must include the following contents:
a) Evaluation result for each bid;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) List of unqualified and disqualified bidders;
reasons for bidder disqualification;
d) Comments on competitiveness, fairness,
transparency and economic efficiency in the contractor selection process. If
competitiveness, fairness, transparency, or economic efficiency cannot be
assured, the procurement entity must clearly document the reasons and propose
solutions;
dd) The contents of the bidding documents that are
not in accordance with law on bidding, unclear or ambiguous contents that
negatively affect the implementation process or compromise the contractor
selection result (if any); propose remedial measures;
In cases where contract negotiations are
applicable to contract packages of goods procurement, construction,
non-consulting services applying international bidding, mixed contract
packages, and contract packages applying limited bidding specified in Clause 1,
Article 22 of the Law on Bidding, the employer shall invite the first-ranked
bidder to conduct contract negotiation in accordance with the provisions of
Article 42 of this Decree.
6. Based on the report on the bid evaluation result
and contract negotiation result (if any), the procuring entity shall send a
request to the employer for approval according to Article 31 of this Decree.
The request for approval for contractor selection result includes the following
contents:
a) Evaluation result for each bid;
b) List of considered and ranked bidders and order
of ranking of bidders;
c) Contract negotiation result (if any);
d) List of unqualified and disqualified bidders;
reasons for bidder disqualification;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) Comments on competitiveness, fairness,
transparency and economic efficiency in the contractor selection process. If competitiveness,
fairness, transparency, or economic efficiency cannot be assured, the
procurement entity must clearly document the reasons and propose solutions;
g) The contents of the bidding documents that are
not in accordance with law on bidding, the unclear or ambiguous contents that
negatively affect the implementation process or compromise the contractor
selection result (if any); propose remedial measures;
h) Key considerations (if any).”.
10. Clause 8 shall be added after Clause 7 Article
34 as follows:
“8. Bidding activities conducted in advance as
prescribed in Article 42 of the Law on Bidding shall follow the procedures
outlined in Clauses 1, 2, 3, 4, 5 and 6 of this Article. The finalization,
signing, and management of contract performance specified in Clause 7 of this
Article shall be performed after the approval of project investment.”
11. Point b, Clause 3, Article 42 shall be amended
as follows:
“b) The expert team prepares a report and sends it
to the procuring entity for consideration according to Clause 5 Article 30 of
this Decree. The employer does not have to approve the bidder ranking list. If
the contract negotiation is applicable, the procuring entity shall invite the
first-ranked bidder to conduct contract negotiation in accordance with the
provisions of Article 43 of this Decree.
12. Clause 6, Article 43 shall be amended as
follows:
“6. Based on the report on the bid evaluation
result and contract negotiation result (if any), the procuring entity shall
send a request to the employer for approval according to Clause 6 Article 30 of
this Decree.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“8. Bidding activities conducted in advance as
prescribed in Article 42 of the Law on Bidding shall follow the procedures outlined
in Clauses 1, 2, 3, 4, 5 and 6 of this Article. The finalization, signing, and
management of contract performance specified in Clause 7 of this Article shall
be performed after the approval of project investment.”
14. Point b, Clause 1, Article 61 shall be amended
as follows:
“b) Approved specific contractor selection plan.
Draft bidding documents shall be prepare after the
approval of the contractor selection plan or may be prepared during the
preparation of contractor selection plan provided that it must be approved
after the approval of the contractor selection plan;”.
15. Points a and c, Clause 2, Article 76 shall be
amended as follows:
c) Point a shall be amended as follows:
“a) Preparation of request for proposals (RFP):
Contents of the RFP include: brief description of
the project, procurement estimate; instructions for preparing and submitting
proposals; evaluation criteria for bidder's capacity and experience; technical
evaluation criteria; contract contract package price determination for direct
contracting; contract conditions.
The result of capacity and experience evaluation
and technical evaluation for contract packages of goods procurement,
construction, non-consulting services, and mixed contract packages shall be
expressed as “passed” and “failed”; Using scoring criteria for technical
evaluation for contract packages for consulting services. The RFP must clearly
state the marking, trademark, specific origin of the goods, and relevant
technical and service requirements (if any);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“c) Identification of the bidder expected to
receive the RFPs:
Based on the scale and nature of the contract
package and preliminary information about the bidder capable of performing the
contract package, the employer determines the bidder to which the RFP is sent.
No detailed evaluation of the bidder's capacity or experience is needed at this
stage.
The bidder that meets eligibility requirements as
prescribed in Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Bidding
Law; or the bidder being a household business that meets eligibility
requirements specified in Points a and b, Clause 2 and Points d, e, Clause 1,
Article 5 of the Bidding Law shall be expected to receive direct contracting
and RFP. Individuals and groups that bid on goods procurement contract packages
with innovative products shall qualify for direct contracting and RFP if they
meet the criteria specified in Clause 5, Article 5 of the Law on Bidding.
Bidders must be independent from other organizations and individuals in bidding
participation and contract performance in accordance with regulations (if
any).”.
16. Points a and c, Clause 2, Article 77 shall be
amended as follows:
c) Point a shall be amended as follows:
“a) Preparation of RFP:
Contents of the RFP include: brief description of
the project, procurement estimate; instructions for preparing and submitting
proposals; evaluation criteria for bidder's capacity and experience; technical
evaluation criteria; determination of the least cost; contract conditions.
The result of capacity and experience
evaluation and technical evaluation for contract packages of goods procurement,
construction, non-consulting services, and mixed contract packages shall be
expressed as “passed” and “failed”; Using scoring criteria for technical
evaluation for contract packages for consulting services. The RFP must clearly
state the marking, trademark, specific origin of the goods, and relevant
technical and service requirements (if any);
b) Point c shall be amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Based on the scale and nature of the contract
package and preliminary information about the bidders capable of performing the
contract package, the employer determines at least 3 bidders to sent the RFPs.
No detailed evaluation of these bidders’ capacity or experience is needed at
this stage.
The RFP will be sent to bidders that meets
eligibility requirements as prescribed in Points a, b, c, d, e, g and i, Clause
1, Article 5 of the Bidding Law; household businesses that meets eligibility
requirements specified in Points a and b, Clause 2 and Points d, e, Clause 1,
Article 5 of the Bidding Law. RFPs will be sent to individuals and groups that
bid on goods procurement contract packages with innovative products if they
meet the eligibility requirements of Clause 3, Article 5 of the Bidding Law.
Bidders must be independent from other organizations and individuals in bidding
participation and contract performance in accordance with regulations (if
any).”.
17. The first paragraph of Clause 3, Article 78
shall be amended as follows:
"3. Direct contracting for contract packages
within the direct contracting limit as prescribed in Point m, Clause 1, Article
23 of the Bidding Law must be approved in the contractor selection plan and
follow shortened direct contracting procedures. The bidder that meets
eligibility requirements as prescribed in Points a, b, c, d, e, g and i, Clause
1, Article 5 of the Bidding Law; or the bidder being a household business that
meets eligibility requirements specified in Points a and b, Clause 2 and Points
d, e, Clause 1, Article 5 of the Bidding Law may be proposed for direct
contracting. Individuals and groups that bid on goods procurement contract
packages with innovative products may be proposed for direct contracting if
they meet the eligibility requirements of Clause 3, Article 5 of the Bidding
Law. Bidders must be independent from other organizations and individuals in
bidding participation and contract performance in accordance with regulations
(if any). The shortened direct contracting process is carried out as follows:”.
18. Certain points and clauses of Article 79 shall
be amended as follows:
a) Point b, Clause 1 shall be amended as follows:
“b) Appraisal of and approval for bidding
documents:
Approval for bidding documents must be based on the
approval report; bidding documents shall not be used as the basis for
approval.";
b) Point dd, Clause 3 shall be amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Clause 4 shall be amended as follows:
“4. Submission, approval for, and publication of
contractor selection result:
The submission, approval for, and publicization of
contractor selection result shall comply with Article 31 of this Decree;
contractor selection result shall not be appraised.”.
19. Certain points and clauses of Article 80 shall
be amended as follows:
a) Point b, Clause 2 shall be amended as follows:
“b) Approval for the RFPs:
Approval for RFPs must be based on the approval
report; the RFPs shall not be used as the basis for approval.";
c) Clause 6 shall be amended as follows:
“6. Submission, approval for and publication of
direct procurement result:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
20. Article 82 shall be amended as follows:
“Article 82. Documents, procedures for
contractor selection in special circumstances
1. Contract packages for performance of political
objectives as directed in Resolutions, Resolutions, and guiding documents of
the Central Committee of the Communist Party of Vietnam, the Politburo, the
Secretariat, and key leaders of the Communist Party of Vietnam and the State of
Vietnam on project execution and contract package performance that cannot be
fulfilled if any of the contractor selection methods specified in Articles 21,
22, 23, 24, 25, 26, 27, and 28 of the Bidding Law is applied.
2. Contract packages with strict national defense
and security, external affairs, border and territorial security requirements
during their implementation, where any of the contractor selection methods
specified in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law are
applied.
3. Contract packages under the projects or
procurement estimates with one or several specific conditions in terms of
processes, procedures, criteria for contractor selection, conditions for
signing and performing the contract, including:
a) Contract packages for procurement of drugs and
vaccines under trials that can only be purchased under their manufacturers’
specific purchase, payment, guarantee, security requirements and other
conditions imposed during the contract execution;
b) Contract packages for procurement of drugs,
vaccines and medical devices through international organizations;
c) Contract packages for procurement of domestic
vaccines used in the expanded program on immunization in case where there is
only one domestic manufacturer;
d) Selection of lawyers or solicitors providing
legal services for protection of legitimate rights and interests of the State
of Vietnam and foreign regulatory authorities at investigative bodies for
application of trade remedies and national, foreign, or international
jurisdictional bodies or dispute resolution bodies;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) Contract packages for performance of political
objectives assigned by the Communist Party and the State of Vietnam, including:
dissemination of information on printed newspapers, online newspapers, radio
and television stations, and other means of mass media in case such information
dissemination activities are performed under contracts signed directly by the
authorities or units that are granted information dissemination funding with
these organizations; cooperation in film production; Contract packages for
purchase of information from foreign news agencies, foreign press organizations
and for printing of media publications for disseminating principles and
policies of the Communist Party or the State of Vietnam.
g) Contract packages for production of broadcasting
programs; artistic performances to serve political objectives;
h) Contract packages for provision of printing
services, stamps, receipts and seals in accordance with regulations of laws on
tax administration and customs; contract packages for purchase of police dogs,
police dog training, purchase of drugs, explosives, drug or explosive scent
pads used in police dog training;
i) Contract packages for valuation, valuation
consulting to determine the value of assets related to urgent criminal issues
and cases requested by the competent authorities;
k) Contract packages for provision of conference,
seminar, congress, and training session organizing services (including
catering, accommodation, transportation for delegates; renting equipment,
conference rooms, meeting rooms, and related services) with the requirement to
arrange centralized dining and accommodation locations for delegates and to be
carried out urgently;
l) Contract packages for serving foreign affairs
activities of reception of international delegations visiting and working in
Vietnam in accordance with regulations on diplomatic ceremonials; Contract
packages for purchases of diplomatic gifts for leaders of the Communist Party
of Vietnam, the State of Vietnam, Ministers, Heads of ministerial authorities
traveling abroad on work trips or given to international delegations visiting
and working in Vietnam;
m) Contract packages for purchasing services from
internationally credit rating agencies; contract packages for purchasing
international payment services (including associated equipment) exclusively
provided by the Society for Worldwide Interbank Financial Telecommunications
(SWIFT); contract packages for purchasing services from international financial
and currency information providers and transaction platforms;
n) Contract packages for proving school meals or contract
packages for purchasing raw materials to supply school meals for boarding and
semi-boarding students at public educational institutions;
o) Contract packages for goods or services
procurement in case where there is only one manufacturer or provider; contract
packages for goods or services procurement sold at uniform price as stipulated
by the State of Vietnam, including: electricity, water, fuel, environmental
sanitation fees, fixed telephone charges, maintenance of fixed telephone
switchboard systems, and other similar goods and services;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
q) Projects to be implemented immediately to ensure
connectivity and synchronization between the works following the directives in
the Government's Resolution, Decision, Directive, notices of opinions of
leaders of the Government of Vietnam that cannot be continuously and
synchronously operated if any of the contractor selection methods stipulated in
Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law is applied.
r) Consulting contract packages for verification of
the pre-feasibility study reports or feasibility study reports under the
project which is decided or has the investment guidelines approved by the
National Assembly;
s) Contract packages under other projects or
procurement estimates having one or some specific requirements regarding
contractor selection criteria and procedures, and contract signing and
execution that not fall under any of the cases specified in points a, b, c, d,
dd, e, g, h, i, k, l, m, n, o, p, q and r of this Clause.
4. Power to make decision for contractor selection
in special circumstances:
a) Ministers, heads of Ministerial authorities,
Governmental authorities, and other central authorities (hereinafter referred
to as “heads of central authorities”), Chairperson of the provincial People's
Committee shall make decision and be responsible for contractor selection
decision in special circumstances for contract packages under projects,
procurement estimates specified in Clause 1, Clause 2, and Point s of Clause 3
of this Article;
b) The Minister of Health shall make decision and
be responsible for contractor selection decision in special circumstances
specified in points a, b, and c of Clause 3 of this Article ;
c) The Chairperson of the State Assessment Board
shall make decision and be responsible for contractor selection decision in
special circumstances specified in point r Clause 3 of this Article;
d) Competent persons of the projects and
procurement estimates shall make decision and be responsible for contractor
selection decision in special circumstances specified in points d, dd, e, g, h,
i, k, l, m, n, o, p, and q Clause 3 of this Article .".
21. Article 83 shall be amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. For contract packages specified in Clauses 1, 2,
and point s Clause 3 of Article 83 of this Decree:
a) Based on the application for contractor
selection in special circumstances submitted by the proposing authority or
unit, the head of central authority or the chairperson of provincial People's
Committee shall assign another authority or unit to appraise;
b) The application includes: Written proposal,
draft decision of the head of central authority or the chairperson of
provincial People's Committee, and relevant documents. The written proposal for
contractor selection in special circumstances includes following contents:
basic information about the project, procurement estimate, contract package
(name of the project, procurement estimate, contract package; capital sources,
total investment of the project, estimated value of procurement, contract
contract package price of contract package; expected performance duration;
other necessary matters); for contract packages specified in Clause 1 Article
82 of this Decree, the application shall also include explanations of necessity
and the reason why if any of the contractor selection methods stipulated in
Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding is applied,
the directives in the Government's Resolution, Decision, Directive, notices of
opinions of leaders of the Government of Vietnam shall not be implemented; for
contract packages specified in Clause 2 Article 82 of this Decree, the
application shall also include explanations of necessity, national defense and
security, external affairs, border and territorial security requirements, and
reasons of non-application of contractor selection methods stipulated in
Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding; for contract
packages specified in point s, Clause 3 Article 82 of this Decree, the
application shall also include explanations of necessity, specific conditions
in terms of procedures, criteria for contractor selection, conditions for
signing and performing the contract, and reasons of non-application of
contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27,
and 28 of the Law on Bidding; the draft contractor selection plan includes:
procedures for contractor selection and other related contents to meet the
specific conditions of the contract package under the project or procurement
estimate, ensuring the selection of contractors with sufficient capacity,
experience and feasible and effective solutions. The draft decision of the head
of central authority or the chairperson of provincial People's Committee
includes contents specified in point dd of this Clause;
c) During the appraisal procedures for contract
packages specified in Clause 1 and point s, Clause 3 of Article 82 of this
Decree, Ministries, Ministerial authorities, Governmental authorities, other
central authorities, and provincial People's Committees shall submit
applications for opinion solicitation to relevant ministries and authorities
concerning the content within their scope of management (if necessary); for
contract packages specified in Clause 2 of Article 82 of this Decree,
applications for opinion solicitation on the requirements and contents
concerning national defense and security, foreign affairs, and territorial
borders shall be submitted to the Ministry of National Defense, the Ministry of
Public Security, the Ministry of Foreign Affairs, and relevant authorities (if
necessary) according to their scope of management.
d) According to opinions of authorities specified
in point c of this Clause, the competent authority or unit shall prepare the
appraisal report, including: Evaluation of necessity, reasons for applying
contractor selection in special circumstances; opinions on the contractor
selection plan in special circumstances and the draft of the decision of the
head of central authority or the chairperson of provincial People's Committee
in case of approval; the proposal of the head of the central authority or the
chairperson of provincial People's Committee to approve or unapproved the
application of contractor selection in special circumstances;
dd) Based on the proposal dossier and appraisal report,
the head of central authority or the chairperson of provincial People's
Committee shall consider approving the application of contractor selection in
special circumstances. The draft decision of the head of central authority or
the chairperson of provincial People's Committee includes following contents:
Approval for of the application and the contractor selection plan in special
circumstances for the contract package within the project and procurement
estimate; responsibilities of competent persons, employers, employers and
relevant authorities in the contractor selection procedures; other requirements
for implementation of the contract package within the project and procurement
estimate (if any).
2. For contract packages specified in points a and
b Clause 3 of Article 83 of this Decree:
a) The Minister of Health shall assign affiliated
authorities and units to request the application of contractor selection in
special circumstances, assign other affiliated authorities and units to appraise
the request;
b) The application includes: Application form,
draft decision of the Minister of Health, and related documents. The written
proposal for contractor selection in special circumstances includes following
contents: basic information about the project, procurement estimate, contract
package (name of the project, procurement estimate, contract package; capital
sources, total investment of the project, estimated value of procurement,
contract contract package price of contract package; expected performance
duration; other necessary matters); explanations of necessity and specific
conditions specified in Clause 1, Article 29 of the Bidding Law, reasons of
non-application of contractor selection methods stipulated in Articles 21, 22,
23, 24, 25, 26, 27, and 28 of the Law on Bidding; the draft contractor
selection plan includes: procedures for contractor selection and other related
contents to meet the specific conditions of the contract package under the
project or procurement estimate, ensuring the selection of contractors with
sufficient capacity, experience and feasible and effective solutions;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
In the cases where an international organization or
manufacturer of drugs, vaccines, and medical equipment has their own conditions
of trading, contract signing (if any), advance payment, payment as binding
conditions for the supply of drugs, vaccines, and medical equipment, the
procedures shall comply with regulations of such international organization,
manufacturer.
3. For contract packages specified in point c
Clause 3 of Article 82 of this Decree:
a) The Minister of Health shall assign affiliated
authorities and units to fulfill the responsibilities of the employer in
placing orders for vaccines;
b) Bases on the expanded immunization plan, the
employer shall estimate the quantity and types of vaccines, the time of vaccine
supply (may order vaccines for more than 01 year), estimated unit price,
contract contract package price, and other necessary contents; prepare a
proposal requesting approval of the contractor selection plan and submit it to
the Ministry of Health for appraisal and approval. In the case of ordering for
multiple years, the estimated value for each year must be prepared. The
proposal dossier includes: Application form, draft decision for approval of the
contractor selection plan of the Minister of Health, and related documents;
c) Based on the written proposal and appraisal
report of the investor, the Minister of Health shall decide whether to approve
the contractor selection plan;
d) Based on the approved contractor selection plan,
the employer shall approve the decision to place an order and sign contracts
with domestic vaccine manufacturers to produce and supply vaccines for the
Expanded Immunization Program;
dd) Before December 31st of each year, vaccine
manufacturers shall prepare pricing planning documentation corresponding to the
supply quantity for the Expanded Immunization Program, submit it to the
Ministry of Health. The Ministry of Health shall forward such documentation to
the Ministry of Finance for appraisal, approval, and notification of the
maximum vaccine price;
e) Based on the maximum vaccine price notified by
the Ministry of Finance, the Ministry of Health shall decide to approve a
specific price that does not exceed the maximum price. The annual contract
settlement value shall be determined based on the quantity of vaccines and the
specific price approved by the Ministry of Health.
4. For contract packages specified in point d
Clause 3 of Article 82 of this Decree:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) The agency handling the lawsuit will negotiate
legal service contracts with the most advantageous law-practicing organizations
and lawyers based on the criteria, terms of reference and control mechanism of
law-practicing organizations and lawyers in the lawsuit;
c) The head of the agency handling the lawsuit
approves and announces the result of selecting law-practicing organization,
lawyer;
d) The agency handling the lawsuit finalizes and
signs a legal service contract with the chosen law-practicing organization,
lawyer.
5. 5. For contract packages specified in points dd,
e, g, h, i, k, l, m, n and o Clause 3 of Article 82 of this Decree, except for
the contract packages specified in Clause 5 of this Article:
a) Prepare, evaluate, and approve the specific
contractor selection plan.
For contract packages specified in point 1 Clause 3
of Article 82 of this Decree, within 10 days from the start of the contract
package execution, the employer must complete the procedures specified in this
point;
b) Negotiate contract with bidders having
sufficient capacity and experience;
c) Approve and publicize contractor selection
results;
d) Finalize and sign the contract with the
contractor:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) Specific contractor selection plans, contractor
selection result and other bidding information are posted in accordance with
Article 7 and Article 8 of the Bidding Law.
In cases specified in point n Clause 3 Article 82
of this Decree, if a public educational institution is in extremely
disadvantaged area according to the provisions of the investment laws, the head
of such public educational institution shall decide providing meals or
purchasing ingredients, ensuring cost-effectiveness, efficiency, and reporting
regime based on invoices and records without having to follow the procedures
stipulated in this Clause.
In cases specified in point o, clause 3, Article 82
of this Decree, the employer shall complete and sign a contract with the
supplier stipulated in point d of this Clause without having to follow the
procedures stipulated in points a, b, c, and dd of this Clause.
Competent persons, employers, and procuring
entities shall discharge responsibilities prescribed in Articles 77, 78, and 79
of the Law on Bidding.
6. For contract packages to buy air tickets for
domestic and international business trips stipulated in Point dd, Clause 3,
Article 82 of this Decree:
a) For international business trips, the agency
receiving budget and responsible for buying air tickets (based on the approved
work plan and flight itinerary) must obtain at least two quotes from two
different air ticket agents (or quotes from one air ticket agent representing
at least two airlines, with at least one being Vietnam national airline). These
quotes should be for the same flight itinerary and will be compared to select
the most suitable provider on the basis of meeting the requirements: direct
flight, suitable for work schedule; offers the lowest total price, including
airfare (taxes and surcharges), travel expenses, and airport wait time fees.
The head of agency responsible for airfare purchases must prioritize
cost-effectiveness when contracting with the airline and remains accountable
for their decisions. In case of changing flight routes abroad due to business
needs, the agency head shall decide the airfare purchases based on the request
of the head of the mission;
b) For groups going on domestic business trips: .
The agency head responsible for airfare purchases
must prioritize cost-effectiveness when contracting with the airline and
remains accountable for their decisions;
c) Airfare purchases for domestic and international
business trips according to Points a and b of this Clause do not require the
preparation, appraisal, and approval for a specific contractor selection plan.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Based on the application for contractor
selection in special circumstances proposed by the employer, the competent
person shall assign another agency to appraise the application.
b) The application include: Application form, draft
decision of the competent person, and related documents. The written proposal
for contractor selection in special circumstances includes following contents:
basic information about the project, procurement estimate, contract package (name
of the project, procurement estimate, contract package; capital sources, total
investment of the project, estimated value of procurement, contract contract
package price of contract package; expected performance duration; other
necessary matters); for contract packages specified in point p, Clause 3,
Article 82 of this Decree, the application shall also include explanations of
necessity of the contract package under urgent project or procurement estimate
to ensure completion of the contract package and project in accordance with the
directives in the Government's Resolution, Decision, Directive, notices of
opinions of leaders of the Government of Vietnam, and the reason why it cannot
be completed in time if any of the contractor selection methods stipulated in
Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding is applied;
for contract packages specified in point q, Clause 3, Article 82 of this
Decree, the application shall also include explanations of necessity of the
projects that must be continuously and synchronously operated following the
directives in the Government's Resolution, Decision, Directive, notices of
opinions of leaders of the Government of Vietnam; and the reason why it cannot
be continuously and synchronously operated if any of the contractor selection
methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on
Bidding is applied; the draft contractor selection plan in special
circumstances includes the following contents:
procedures for contractor selection and other related contents to meet
the specific conditions of the contract package under the project or
procurement estimate, ensuring the selection of contractors with sufficient
capacity, experience and feasible and effective solutions. Draft decision of
the competent person includes the contents specified in point d of this Clause;
c) During the appraisal procedures, competent
persons shall submit applications for opinion solicitation to relevant
ministries and authorities concerning the content within their scope of
management (if necessary);
d) Based on the proposal dossier and appraisal
report, the competent persons shall consider approving the application of
contractor selection in special circumstances. The decision of the competent
person includes following contents: Approval for of the application and the
contractor selection plan in special circumstances for the contract package
within the project and procurement estimate; responsibilities of competent
persons, employers, procuring entities and relevant authorities in the
contractor selection procedures; other requirements for implementation of the
contract package within the project and procurement estimate (if any).
8. For contract packages specified in point r
Clause 3 of Article 82 of this Decree:
a) The interdisciplinary Appraisal Expert Group
shall determine the capacity and experience of consulting contractors to
immediately provide consulting services in accordance with regulations, and
report to the Chairperson of the State Appraisal Council for approval;
b) Within 15 days from the approval of the
Chairperson of the State Appraisal Council, The interdisciplinary Appraisal
Expert Group must complete the following procedures: Prepare and send a draft
contract to the consulting contractor, specifying the scope, content of the
work to be performed, performance duration, quality of work to be achieved, and
contract value for contract negotiation and finalization; conduct the contract
negotiation and finalization; submit the selection results to the Chairperson
of the State Appraisal Council for approval; prepare to sign the contract with
the selected consulting contractor. The contract shall be signed between three
parties, including the representative of the State Appraisal Council, the employer
(investor or agency assigned to prepare the project) and the selected
consulting contractor.
9. for contract packages specified in Clause 2,
points a, b, and s, Clause 3 Article 82 of this Decree, the application for
contractor selection shall include the reasons of non-application of contractor
selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of
the Law on Bidding; for contract packages specified in Clause 1, points p and q
Clause 3 Article 82 of this Decree, the application for contractor selection
shall include the reasons why it cannot be fulfilled if any of the contractor
selection methods specified in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of
the Bidding Law is applied; for contract packages specified in points c, d, dd,
e, g, h, i, k, l, m, n, o and r, Clause 3, Article 82 of the Decree, the
application for contractor selection shall include the reasons of
non-application of contractor selection methods stipulated in Articles 21, 22,
23, 24, 25, 26, 27, and 28 of the Law on Bidding.”
22. Clause 2 of Article 88 shall be amended as
follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
23. Article 97 shall be amended as follows:
a) Clause 2 shall be amended as follows:
“2. Evaluation criteria of prequalification
applications, EOIs, and bids shall be performed in accordance with the
provisions of Articles 23, 24, 35, 36, 60, and 61 of this Decree.
Prequalification applications, EOIs, and bids shall be considered valid when
the bidder is not in a stage of suspension or termination from participating in
the System.”.
b) Clause 5a shall be added after Clause 5 as
follows:
“5a. The contract negotiation shall be
conducted in accordance with the provisions of Clause 3a of Article 22, Clause
5 of Article 30, Clause 5 of Article 34, Article 43, Clause 5 Article 59, and
Article 69 of this Decree.".
24. Certain points of Clause 3 Article 98 shall be
amended as follows:
a) Points a and b shall be amended as follows:
a) Contract packages for procurement of goods and
provision of non-consulting services with a value of no more than 300 million
VND for procurement estimates, except for the case specified in point d of this
Clause;
b) Contract packages for procurement of goods and
provision of non-consulting services with a value of no more than 1 billion VND
for projects;”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“d) Divided contract packages for procurement of
goods (excluding drugs) for retailing at retail facilities within the premises
of public healthcare facilities, where each part is an item with a value of no
more than 1 billion VND for procurement estimates.”.
25. Certain points and Clauses of Article 101 shall
be amended as follows:
a) Point a Clause 1 shall be amended as follows:
“Specific requirements on origin, marking,
trademark, manufacturer, technical specifications of goods, delivery time,
warranty and other necessary matters (if any) for goods procurement contract
package; scope of work, technical requirements, performance duration, service
completion time, and other necessary matters (if any) for non-consulting
service contract packages; The delivery time, and service completion time must
be appropriate and do not limit the participation of bidders or investors
according to the provisions of Point k Clause 6 Article 16 of the Law on
Bidding;”;
b) Clause 3 shall be amended as follows:
“3. Bidders participate in direct online quotation
on VNEPS to bid for the items listed in the invitation to bid and can offer
their prices within the time limit specified in the invitation. From the second
quotation, bidders are not allowed to offer their prices lower than 90% of the
lowest price specified in the VNEPS.”;
c) Point c shall be added after point b of Clause 5
as follows:
“c) Based on the results of direct online quotation
on VNEPS, the employer shall invite the first-ranked bidder to accept the
contract award approval on VNEPS. The bidder that is invited are responsible
for accepting the contract award approval. In the cases where the bidder
refuses or fails to accept the contract award approval within 03 working days
from the date the procuring entity invites the bidder to accept the contract award
approval on VNEPS, the bidder shall have its name published on VNEPS, have
their account locked for a period of 06 months from the date the Ministry of
Planning and Investment receives the request from the employer, and have their
reputation evaluated in bidding participation; the procuring entity shall
invite the next-ranked bidder to accept the contract award approval.”;
b) Clause 6 shall be amended as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The submission, approval for, and publication of
contractor selection result shall comply with Article 31 of this Decree.”.
26. Clause 1 of Article 102 shall be amended as
follows:
“1. Online procurement must be approved in the
specific contractor selection plan and is applied to goods or services of
contract packages included in the procurement estimate with a contract contract
package price not exceeding 300 million VND; contract packages for procurement
of goods or services under projects with a contract contract package price not
exceeding 1 billion VND.”.
27. Clause 1 of Article 126 shall be amended as
follows:
“1. The Ministry of Planning and Investment shall
appraise overall contractor selection plans and specific contractor selection
plans that are under the approval authority of the Prime Minister.”.
28. Point a Clause 2 Article 128 shall be amended
as follows:
“a) Legal grounds for making a specific contractor
selection plan:
Consider the appropriateness and completeness of
the legal grounds for planning contractor selection and necessary notes (if
any).
For pre-bid contract packages, a specific
contractor selection plan shall be made before the international treaties and
foreign loan agreements are signed for projects using ODA capital and
concessional loans from foreign sponsors, or before the project is approved for
investment according to the regulations in Article 42 of the Bidding Law.”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“a) Documents submitted for appraisal and approval
include:
Request for approval for the contractor selection
results of the procuring entity, which must clearly state the procuring
entity's opinions on the proposals and recommendations of the expert team;
Report on the results of evaluation of bids and
proposals from the expert team;
Minutes of contract negotiations (if any);
Minutes of documents verification (if any);
Photocopies of the following: bidding documents,
RFPs, bid opening minutes, bids, proposals of bidders, and other relevant
documents; if the list of technically-responsive bidders has been appraised,
only the record of opening the financial proposals and photocopies of the
financial proposals of the technically-responsive bidders will be sent.”.
30. Certain Clauses of Article 131 shall be amended
as follows:
a) Point a Clause 5 shall be amended as follows:
"a) Allow extending the bid submission
deadline by 05 days to increase the number of bidders submitting EOI responses,
prequalification applications, and bids;”;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“a) Impose contract penalties according to the
contract;
b) Confiscate the contract performance security
deposit of all joint venture parties in cases where the remaining work of
violating joint venture parties is divided into divided contract packages
according to the provisions of point dd of this Clause. In the cases where the
remaining work of violating joint venture parties is assigned to other parties
according to the provisions of point d of this Clause, only the joint venture
parties who violated the contract shall have their contract performance
security deposit forfeited;
d) The work of violating joint venture parties
shall be assigned to remaining parties to perform if these members have the
capacity and experience required;”;
c) Clause 24 shall be amended as follows:
“24. If a joint venture needs to finish a contract
faster than originally planned (which requires revision to the contract), or due
to objective conditions not caused by the contractor (natural disasters,
floods, scarcity of construction materials, delayed handover of construction
sites, changes in geological conditions, and other objective conditions not
caused by the contractor), leading to the inability to meet the schedule
requirements, or due to unforeseeable circumstances affecting the contract
schedule, the employer and bidder may agree on a new schedule and adjust the
workload among the joint venture members accordingly with the schedule or the
shortened schedule. In this case, the employer must ensure that the party
undertaking the extra work has enough capacity and experience to do that and
transferring work among the parties is not for bid transfer purpose..”;
d) Clauses 28a, 28b, 28c and 28d shall be added
after Clause 28 as follows:
“28a. For construction contract packages,
non-consulting service contract packages, and consulting service contract
packages applying bidding in advance according to the provisions of Article 42
of Law on Bidding, in the cases where the approved project has any content that
result in an increase in the contract contract package price (or increase in
the contract package estimate if the estimate is approved after the contractor
selection plan is approved) by 30% or more, or content that result in changes
in the technical evaluation criteria or changes in the construction grade
specified in issued bidding documents, the employer shall cancel the bid
according to Clause 1, Article 17 of the Bidding Law; in the cases where the
approved project does not result in an increase in the contract contract
package price or contract package estimate by 30% or more, does not change the
technical evaluation criteria, or the construction grade specified in issued
bidding documents and the selected bidder is awarded the contract, the employer
may modify, supplement the volume of work, and finalize for contract signing
with the winning bidder.
For goods procurement contract packages applying
bidding in advance according to the provisions of Article 42 of Law on Bidding,
in the cases where the approved project has any content that result in an
increase in the volume of work by 20% or more, or content that result in
changes in the type of goods specified in issued bidding documents, the
employer shall cancel the bid according to point b, Clause 1, Article 17 of the
Bidding Law; in the cases where the approved project does not result in an
increase in the volume of work by 20% or more, does not change the type of goods
specified in issued bidding documents and the selected bidder is awarded the
contract, the employer may modify, supplement the volume of work, and finalize
for contract signing with the winning bidder.
28b. For divided contract packages, in the cases
where the contract contract package price of each part exceeds 30% of the
corresponding value in the contract package estimate, the procuring entity
shall request the bidder to clarify the elements constituting the bid cost, and
consider relevant evidence as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Market price determined through market analysis,
market consultation according to Clause 3, Article 15 of this Decree;
c) Origin of goods, services according to legal
regulations.
If the conditions specified in Points a, b and c of
this Clause and Claus 4 Article 27 of this Decree are met, the bidder's bid
will still be accepted as the winning bid.
28c. In cases where the contract package has
special characteristics and applies direct contracting or contractor selection
in special circumstances, and the foreign contractor requests a binding
commitment to sign a contract without having to register on VNEPS, the employer
shall not request such foreign contractor to register when announcing the
contractor selection results.
28d. For contract packages applying online
contractor selection, in cases where during the evaluation of bids, there is no
selection result yet and a bidder listed in the bid opening minutes has its
account locked in accordance with bidding laws, the bid of such bidder shall
not be further evaluated.
dd) Clause 29 shall be amended as follows:
“29. In addition to the provisions from Article 1
to Article 28d of this Decree, in case of unexpected situations, the employer
shall consider deciding the handling of the situation, ensuring competition,
fairness, transparency, economic efficiency, and accountability.”.
31. Replace the phrase “The design in EPC, EP, EC
contract packages under construction projects specified in this Clause can be
either FEED or basic design; however, if engineering design or a two-stage
design process is mandated by construction law, these contract packages cannot
be formed” in Clause 3, Article 3 with the phrase “EPC, EP, EC contract
packages shall be formed based on FEED or basic design; however, if engineering
design is mandated, these contract packages cannot be formed”.
32. Replace the phrase “If multiple quotations are
received, the average price should be used” in point d Clause 2 Article 16 with
the phrase “If multiple quotations are received, the average price shall be
used”.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article 3. Amendments to
certain Articles of the Government’s Decree No. 115/2024/ND-CP dated September
16, 2024 elaborating some articles of and introducing measures for implementing
the Law on Bidding regarding selection of investors executing investment
land-based projects
1. Point d Clause 1 Article 1 shall be amended as
follows:
“d) Clause 2, Article 34a and Clause 4, Article 35
on investor selection in special circumstances and investor selection
procedures;”.
2. Chapter IVa including Articles 44a and 44b shall
be added after Chapter IV as follows:
“Chapter IVa
INVESTOR
SELECTION IN SPECIAL CIRCUMSTANCES
Articles 44a. Cases and power to make decision
for investor selection in special circumstances:
1. Projects with requirements for assurance of
national interests or achievement of political objectives as directed in
Resolutions, Conclusions, and guiding documents of the Central Committee of the
Communist Party of Vietnam, the Politburo, the Secretariat, and key leaders of
the Communist Party of Vietnam and the State of Vietnam that cannot be
fulfilled if any of the investor selection methods specified in Article 1 and
Article 2 of Article 34 of the Bidding Law is applied.
2. Projects with requirements for assurance of
national defense security, foreign affairs, and border territory based on the
opinions of the Ministry of National Defense, the Ministry of Public Security,
and the Ministry of Foreign Affairs that cannot be fulfilled if any of the
investor selection methods specified in Article 1 and Article 2 of Article 34
of the Bidding Law is applied.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Offshore wind power projects executed as
prescribed in in the law on electricity;
b) Urgent projects that must be carried out
following the directives in the Government's Resolution, Decision, Directive,
notices of opinions of leaders of the Government of Vietnam that cannot be
completed in time if any of the investor selection methods stipulated in
Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law is applied.
c) Projects that must be carried out immediately
following the directives in the Government's Resolution, Decision, Directive, notices
of opinions of leaders of the Government of Vietnam that cannot be continuously
and synchronously operated if any of the investor selection methods stipulated
in Clauses 1 and 2 of Article 34 of the Bidding Law is applied.
d) Other projects with specific requirements and
conditions regarding investment procedures, land allocation, land lease, sea
area allocation; procedures, methods, and criteria for investor selection, and
contents of investment project contracts, in which competitive bidding and limited
bidding methods are not applied.
4. Competent authorities shall select investors in
special circumstances for projects stipulated in Clauses 1, 2, and 3 of this
Article.
Articles 44a. Procedures for decision on
investor selection in special circumstances:
1. Based on the requirements for project
implementation, directives in the Resolutions, Conclusions, and guiding
documents of the Central Committee of the Communist Party of Vietnam, the
Politburo, the Secretariat, and key leaders of the Communist Party of Vietnam
and the State of Vietnam (for projects specified in Clause 1 Article 44a of
this Decree) or directives in the Government's Resolutions, Decisions,
Directives, notices of opinions of leaders of the Government of Vietnam (for
projects specified in Clause 3 Article 44a of this Decree), the competent
persons shall assign competent authorities, affiliated units, or specialized
authorities to prepare a proposal to apply investor selection in special
circumstances. The dossier includes:
a) Written proposal written proposal for investor
selection in special circumstances includes following contents: basic
information about the project; explanation of the necessity and reasons for
applying investor selection in special circumstances; presentation of the
investor selection plan including key contents about the investor selection
procedures, conditions for contract signing, and other related contents to meet
the specific conditions of the project; proposals and recommendations;
b) Draft decision to apply investor selection in
special circumstances, including contents specified in Article 5 of this
Article;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Competent authorities shall send applications
for opinion solicitation to relevant ministries and authorities concerning the
necessity and reasons for applying investor selection in special circumstances,
including:
a) Ministry of National Defense, Ministry of Public
Security, Ministry of Foreign Affairs for the projects specified in Clause 2,
Article 44a of this Decree.
b) Relevant ministries and authorities for the
projects specified in Clause 1 and Clause 3, Article 44a of this Decree (if
necessary).
3. The enquired authorities concerning the
necessity and reasons for applying investor selection in special circumstances shall
respond to the competent authorities.
4. Competent persons shall assign an independent
agency or unit specified in Clause 1 of this Article to consolidate opinions of
the relevant agencies and organize the appraisal of the proposal to apply
investor selection in special circumstances. The appraisal report includes the
following contents:
a) Evaluation of the necessity and reasons for
application of investor selection in special circumstances as stipulated in
Article 34a of the Bidding Law;
b) Opinions on the investor selection plan in
special circumstances and draft decision of the competent authority in case of
approval;
c) Recommendations for competent authorities to
approve or disapprove the application of investor selection in special
circumstances.
5. Based on the proposal dossier and appraisal
report, the competent authorities shall consider approving the application of
investor selection in special circumstances. The decision of the competent
authority includes following contents:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Investor selection plan in special
circumstances, including: Investor selection procedures and investor selection
progress schedule stipulated in Article 12 of this Decree; conditions for
signing and performing the contract; other related contents to meet the
specific requirements and conditions of the project, ensuring the selection of
investors with sufficient capacity, experience, and solutions to ensure the
efficiency of the business investment plan, land use, sector investment, and
local development.
c) Responsibilities of procuring entities and
relevant agencies during investor selection procedures;
d) Other requirements during the project
implementation process (if any).
6. The procuring entity shall select investors
according to the approved plan. Based on the results of investor selection and
the signed project contract, the investment project contract shall be
implemented according to the provisions in Chapter VI of this Decree.
Article 4. Amendments to point
a, Clause 2, Article 3 of Decree No. 95/2020/ND-CP dated August 24, 2020
providing guidance on bidding for procurement under the Comprehensive and
Progressive Agreement for Trans-Pacific Partnership as the basis for bidding for
procurement under the Comprehensive and Progressive Agreement for Trans-Pacific
Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam
and the European Union, and the Free Trade Agreement between Vietnam and the
United Kingdom of Great Britain and Northern Ireland.
Point a Clause 2 Article 3 shall be amended as
follows:
a) It is a signatory of the CPTPP Agreement dated
March 08, 2018; the United Kingdom of Great Britain and Northern Ireland
(hereinafter referred to as “CPTPP Member State”);”
Article 5. Implementation
clauses
1. This Decree comes into force from the date on
which it is signed.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) In case the EOI requests, prequalification
documents, bidding documents or RFPs for contract packages have been approved
and issued before the effective date of this Law, the shortlisting, investor
selection, signing of contract and management of contract performance shall
continue to be carried out in accordance with the the Law on Bidding No.
22/2023/QH15, Decree No. 24/2024/ND-CP , and legislative documents elaborating
and providing guidelines on this Law.
b) From January 15, 2025 to the day before the
effective date of this Decree, the selection of investors shall continue to be carried
out in accordance with the Law on Bidding No. 22/2023/QH15, Law on amendments
to the Law on Planning, Law on Investment, Law on Public-Private Partnership
Investment and Law on Bidding, and provisions of Decree No. 24/2024/ND-CP which
are still conformable with the provisions of the Law on amendments to the Law
on Planning, Law on Investment, Law on Public-Private Partnership Investment
and Law on Bidding.
c) In case draft international treaties in the name
of the State have been appraised in accordance with the provisions of the Law
on Treaties before the effective date of Law on amendments to the Law on
Planning, Law on Investment, Law on Public-Private Partnership Investment and
Law on Bidding, the authority in charge of negotiation shall request the
Government to decide the application of the regulations bidding regulations
different from those of the Law on Bidding or are not included in the Law on
Bidding adopted by the donor or international organization (of which the
Socialist Republic of Vietnam is a member) based on the appraised draft
international treaty dossier.
ON BEHALF OF
GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha