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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
14/2000/ND-CP
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Hanoi, May 05, 2000
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE BIDDING REGULATION ISSUED TOGETHER WITH THE GOVERNMENT’S DECREE No.88/1999/ND-CP OF SEPTEMBER 1ST, 1999
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposals of the Minister of Planning and Investment, the Minister of
Construction and the Minister of Finance,
DECREES:
Article 1.- To amend and supplement a number of articles of
the Bidding Regulation issued together with the Government’s Decree No.88/1999/ND-CP of September 1st, 1999 as
follows:
1. Clause 1 of Article 2 is amended and
supplemented as follows:
1. The Regulation on Bidding shall apply in
order to select bidders for investment projects in Vietnam, which must be
opened to bidding and implemented in Vietnam.
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3. Appointed bidding:
Appointed bidding is the form of directly
selecting bidders that satisfy the requirements of bidding packages for
negotiation on the contracts.
This form shall apply only in the following
special cases:
a/ Force
majeure circumstances such as natural calamities, enemy sabotage or
incidents which must be immediately remedied, where the investors (that are
authorized by the competent persons to manage and execute the projects) shall
be entitled to immediately appoint the capable units to promptly carry out the
work. Within 10 days after deciding the appointment of bidders, the investors
shall have to report the contents of appointed bidding to the competent persons
or competent authorities, that, if finding such appointed bidding contrary to
law, shall have to promptly handle it.
b/ Bidding packages of probing and experimental
character, State secrets, security secrets or defense secrets, which shall be
decided by the Prime Minister.
c/ Bidding packages valued at under 1 billion
VND for the procurement of goods or construction and installation; and under
500 million VND for consultancy.
Bidding packages entitled to appointed bidding
under group-A projects shall be decided by the ministers, heads of the
ministerial-level agencies, agencies attached to the Government, Managing
Boards of State corporations set up by the Prime Minister (corporations 91) and
presidents of the People’s Committees of the
provinces and centrally-run cities having projects, according to their
respective responsibilities assigned by the Prime Minister.
When appointing bidders for bidding packages
mentioned in Clause 2, Article 1 of this Decree, the persons competent to
appoint bidders shall take responsibility before law for their decisions.
Where it is deemed unnecessary to appoint bidders,
biddings shall be organized as prescribed. It is strictly prohibited to
arbitrarily divide a project into many small bidding packages in order to
appoint bidders.
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d/ For other bidding packages of particular
characteristics due to the requirements of the capital-providing bodies, the
technical and technological complexities or the unexpected requirements of the
projects, the persons competent to decide the investment shall decide the
appointment of bidders on the basis of evaluation reports of the Ministry of
Planning and Investment as well as the written comments of the
capital-providing bodies and relevant agencies.
e/ For the State budget capital reserved for
projects of non-business units to perform tasks of studying the economic
development planning, branch development planning or urban and rural
construction master plans, which have been assigned for implementation by the
competent State agencies, the bidding is not required but specific contracts
must be made and the works must be handed over as prescribed.
f/ For consultancy bidding packages for
elaboration of pre-feasibility study and feasibility study reports of
investment projects, bidding is not required but investors shall have to select
consultants meeting the requirements of the projects.
Where bidders are appointed according to the
contents prescribed at Points a, b, c and d of this Clause, the three following
contents must be clearly determined:
- The reasons for appointing bidders;
- The technical and financial experiences and
capabilities of the bidders recommended for appointment;
- The value and volume already approved by the
competent persons or competent authorities to serve as basis for the
appointment of bidders (particularly for construction and installation bidding
packages, the approved designs and cost estimates are required as prescribed).
Where it is necessary to immediately overcome
the consequences of natural calamities, enemy sabotage or incidents, investors
shall temporarily calculate the volume and value, then compile the full dossier
and make the cost estimates which shall be submitted for approval as prescribed
to serve as basis for account settlement and final settlement.
3. Clause 2 of Article 10 is amended and
supplemented as follows:
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4. Point a, Clause 2 of Article 44 is amended
and supplemented as follows:
a/ Enterprises of different economic sectors
having head-offices or branches in the provinces or cities may participate in
biddings for investment projects in such localities. For a restricted bidding,
it is necessary to invite only 3 bidders; if the number of participating local
bidders is smaller than 3, bidders outside the locality must be invited to
participate therein.
Local bidders shall be given priority to win
bids if their bids are evaluated as equal to bids of other bidders.
5. Point c, Clause 3 of Article 52 is amended
and supplemented as follows:
c/ Approval of basic contents of bidding
process:
- For bidding packages of group-A projects and
the like stipulated at Points b, c, d, e, f and g, Clause 1, Article 51 of the
Bidding Regulation issued together with the Government’s
Decree No.88/1999/ND-CP of September 1st , 1999 (hereinafter referred to as
Bidding Regulation).
- For bidding packages of group- B and -C
projects and the like, except for projects of dependent enterprises which are
entitled to decide investment according to provisions of Points a, b, c, d, e,
f and g, Clause 1, Article 51 of the Bidding Regulation.
6. Article 53 is amended and supplemented as
follows:
To add the division of responsibilities for
approval and evaluation of group- B and -C projects and the like, persons
competent to decide investment in group- B and -C projects and the like of
State enterprises to Table 1 of Article 53:
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Approval
level
Evaluation
level
Bidding
packages of branches I, II, III
Groups B and C and the like
The competent persons of State enterprises
shall have the right to decide the investment
Concerned assisting sections
All bidding packages under the project.
7. Article 56 is added with the following Clause
5:
5. In the course of bid consideration, from the
moment of bids opening till the moment of announcing the bidding results, the
information stipulated in Clause 2, Article 56 of the Bidding Regulation must
not be carried on the mass media.
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2. The Ministry of Finance shall assume the
prime responsibility and coordinate with the concerned ministries and branches
in guiding and inspecting the implementation of bidding for the procurement of
supplies, goods and working facilities of the State management agencies, mass
organizations and State enterprises; as well as supplies, goods and common
working facilities of the armed forces with the State budget capital.
Article 2.- This Decree takes effect 15 days after its
signing.
Article 3.- The Ministry of Planning and Investment shall
assume the prime responsibility and coordinate with the ministries,
ministerial-level agencies and agencies attached to the Government in guiding
and inspecting the implementation of this Decree.
Article 4.- The ministers, the heads of the ministerial-level
agencies and agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run
cities, the Managing Boards of the State corporations and relevant
organizations shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai