DECREE

AMENDMENTS TO CERTAIN ARTICLES OF DECREES ELABORATING CERTAIN ARTICLES AND MEASURES FOR IMPLEMENTATION OF THE LAW ON BIDDING REGARDING CONTRACTOR SELECTION

Pursuant to Law on Government Organization No. 63/2025/QH15, as amended by Law No.137/2025/QH15;

Pursuant to Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Law on Bidding No. 22/2023/QH15, as amended by Law No. 57/2024/QH15, Law No. 90/2025/QH15, Law No. 116/2025/QH15, Law No. 133/2025/QH15, and Law No. 142/2025/QH15;

At the request of the Minister of Finance;

The Government of Vietnam promulgates a Decree on amendments to certain articles of Decrees elaborating certain Articles and measures for implementation of the Law on bidding regarding contractor selection.

Chapter I

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Article 1. Amendments to point d Clause 2 Article 18

“d) At least one quotation is required for goods or services; collecting more than one quotation is encouraged. The employer must publish a request for quotations on VNEPS. Bidders must submit quotations on VNEPS within a minimum period of 03 days from the date on which the request for quotations is published. If multiple quotations are received, the average price should be used; when determining the average price, if a quotation or an item within a quotation has a price higher or lower by 30% compared to the average price, the employer reserves the right to exclude such quotation(s) to determine the average price.

For packages for procurement of drugs; chemicals, testing supplies, medical equipment; components, accessories, and replacement materials used for medical equipment: based on specialized requirements, the employer decides on technical criteria and requests for quotations. The employer must publish a request for quotations on VNEPS. is encouraged to publish such request on its portal or website, Ministry of Health’s portal, or public service portal on medical device management. Bidders must submit quotations within a minimum period of 10 days from the date on which the request for quotations is published on VNEPS. If multiple quotations are received, the employer may choose the highest quotation that aligns with their budget and professional requirements.

The employer is responsible for collecting quotations in a public and transparent manner. The quoting entity must provide accurate prices of goods or services based on their supply capabilities; and ensure the quotation complies with competition law, anti-dumping regulations, and fair pricing practices.

In cases where the employer has fully complied with regulations on quotation collection in a public and transparent manner, the employer shall not be held accountable for violations committed by quoting entities against the provisions on this point.”.

Article 2. Amendments to Clause 2; Supplementing Clause 2a after Clause 2 Article 21

“2. For packages in projects related to science, technology, and innovation as per the laws on science, technology, and innovation; projects applying high technology as per the laws on high technology and projects applying new technology as per the laws on technology transfer, procurement packages under a procurement estimate without forming a project, the employer may decides to select members to participate in the expert team, appraisal team, provided they possess capacity to perform the assigned tasks regardless of the qualifications in points  a and d Clause 1 of this Article, except in cases where the members of the expert team, appraisal team are individual consultants or individuals from bidding consulting organizations.

2a.  In cases where it is necessary to collect opinions from or mobilize specialized experts who are not employees of the employer or the bidding consulting organization, these experts are not required having a professional certificate in bidding.”

Article 3. Amendments to Clause 2 Article 35

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Article 4. Amendments to some points and Clauses of Article 78

1. Amendments to point a and point b, Clause 2:

“a) Package of the project or procurement estimate which require immediate execution to ensure the timely completion as per directives in Resolutions, Conclusions, and directive documents of Central Committee of the Communist Party of Vietnam, the Political Bureau, and the Secretariat; Resolutions of the National Assembly of Vietnam; Resolutions of the Government of Vietnam; Decisions, Directives, and written notifications of Heads of the Government of Vietnam; Resolutions of the Central Military Commission, the Executive Committee of the Public Security CPV Organization, the Executive Bureau of the Ministry CPV Committee, ministerial-level agencies, other central agencies, CPV Executive Committee of provinces, and People’s Councils of provinces;

b) Investment projects which require immediate execution to ensure connectivity and synchronization of project's facilities as directed in in Resolutions, Conclusions, and directive documents of Central Committee of the Communist Party of Vietnam, the Political Bureau, and the Secretariat; Resolutions of the National Assembly of Vietnam; Resolutions of the Government of Vietnam; Decisions, Directives, and written notifications of Heads of the Government of Vietnam; Resolutions of the Central Military Commission, the Executive Committee of the Public Security CPV Organization, the Executive Bureau of the Ministry CPV Committee, ministerial-level agencies, other central agencies, CPV Executive Committee of provinces, and People’s Councils of provinces to meet the requirements to ensure effective management, operation, and continuous operation;".

2. Point e1 shall be added after point e Clause 2 as follows:

“e1) Packages where an invitation for bids, invitation for EOIs, or invitation for pre-qualification applications has been published but any of the following cases occurs: No bidders submit bids/EOIs/prequalification applications; or all bids/EOIs/ prequalification applications fail to satisfy the bidding documents; or all bidders fail to meet the requirements to execute the package.”.

3. Amendments to point g Clause 2:

g) Other packages under procurement estimate, packages under public investment project, and other packages applying direct contracting to select a bidder to implement the package that meets the schedule, quality, and efficiency of the package, project, procurement estimate.”.”

4. Amendments to point d Clause 3:

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5. Amendments to Clause 4:

 “4. Procurement packages under a procurement estimate without forming a project which has a package price not exceeding 1 billion VND; consulting service packages under a project has a package price not exceeding 3 billion VND; and packages for non-consulting services, goods, construction, and mixed services under a project has a package price not exceeding 5 billion VND.”.

6. Amendments to point c Clause 5:

c) Packages for consulting, relocating technical infrastructure works and social infrastructure works in accordance with the law on construction to serve land clearance and resettlement tasks; packages for consulting, explosives clearance for site preparation;”.

7. Amendments to point e Clause 5:

“e) Packages for planning or serving planning activities in accordance with the law on planning;”. 

8. Points i and k shall be added after point h Clause 5 as follows:

“i) Packages for procurement from liquidation, dissolution, or bankruptcy activities;

k) Goods purchased through transactions on a commodity exchange.”.

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1. Amendments to Clause 1:

“1. Ordinary procedures for direct contracting shall apply to packages specified in point e1, Clause 2; points d, dd, e, g, and h Clause 6 Article 78 hereof.“.

2. Amendments to Clause 3:

“3. The ordinary procedures for direct contracting are as follows:

a) Prepare, evaluate, and approve RFPs:

 RFPs shall be approved on the basis of the approval and appraisal report on RFPs (if any). The employer is not required to appraise RFPs; in cases where the appraisal is requested, it shall be conducted in accordance with Article 135 of this Decree.

Contents of the RFP: brief description of the project, procurement estimate, package; instructions for preparing and submitting proposals; evaluation criteria for bidder's capacity and experience (if any); technical evaluation criteria; determination of package price for direct contracting; contract conditions. The specific requirements for each criterion will be determined based on the individual package requirements.

Pass and fail criteria shall apply for capacity and experience evaluation and technical evaluation for construction packages, goods procurement packages, non-consulting packages, and mixed packages; scoring method shall apply for technical evaluation for consulting packages. RFPs may specify the specific marking, label, and origin of goods; specific technical requirements of the goods and services (if applicable).

b) Issuance, clarification, and modification of RFPs:

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The bidder expected to receive the direct contracting must meet 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 d and e, Clause 1 and points a and b, Clause 2, Article 5 of the Bidding Law. For goods procurement packages, an individual and group of individuals may also participate as bidders to offer their own innovative products in accordance with 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 RFP shall be issued on VNEPS for the bidder expected to receive direct contracting. The clarification and modification of RFPs shall be conducted on VNEPS before the bid submission deadline.

c) Submission of proposals, evaluation of proposals, and negotiation of the bidder's proposals:

The bidder prepares and submits the proposal on VNEPS based on the RFP. Proposals shall be opened after the bid submission deadline.

The evaluation of proposals shall be conducted based on the evaluation criteria specified in the RFP. During evaluation, the employer shall invite the bidder to negotiate, clarify, amend, or supplement the content of the proposal to prove compliance with the requirements for capabilities, experience, progress, volume, quality, technical solutions, and implementation methods of the package; negotiate on the price to ensure the economy and cost-effectiveness.

In cases where a goods procurement package or EP, PC, or EPC mixed package lacks sufficient data for price referencing as prescribed in Points a, c, d, e, and g, Clause 2, Article 18 of this Decree, or where necessary, the employer may require the bidder to provide a breakdown of the goods' price structure to serve as the basis for negotiating the successful bid price.

The bidder expected to receive the direct contracting if: It has a valid proposal; possesses the capabilities, experience and proposed technical solutions that meet the requirements of the RFP; and has a proposed successful bid price that does not exceed the approved bid price.

d) Appraisal, approval, and publication of contractor selection results:

The appraisal of contractor selection results is not required; in cases where an appraisal is requested, it shall comply with Clause 4 Article 136 of this Decree.. The approval and disclosure of the contractor selection result shall comply with Article 33 of this Decree. RFPs, bid opening minutes, and evaluation reports shall be published on VNEPS at the time the employer publishes the contractor selection result.

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The contract signed between the parties must be consistent with the decision on approval for direct contracting result, proposals, RFPs, and other related documents. The completion, signing, and management of contracts shall comply with Articles 34 and 35 of this Decree.

For packages with requirements for protecting state secrets prescribed in Clause 6, Article 78 of this Decree and packages applying international direct contracting, the contents specified in points a, b, c, and d of this Clause shall be performed directly between the employer and the contractor and not be required to perform on VNEPS.”.

Article 6. Amendments to some points and Clauses of Article 80

1. Amendments to Clause 1:

“1. For packages specified in Clause 1 Article 78 hereof, based on the scale and nature of the package and the preliminary information of bidders, the employer or the agency directly managing the package shall identify and assign it to a bidder capable of immediately performing the package. Within 30 days from the start date of performing the package, the parties must complete the direct contracting procedure stipulated in Clause 3 hereof. Draft contract documents are not required to be sent via VNEPS; the execution of direct contracting is not required to satisfy conditions specified in Clause 2, Article 79 of this Decree.”.

2. Amendments to Clause 2:

“2. For packages specified in points a, b, c, d, dd, e, and g, Clause 2, Clause 3, Clause 4 and points a, b, c, i, k, Clause 5, Article 78 of this Decree, the employer shall apply the shortened procedures for direct contracting specified in Clause 3 hereof. The direct contracting must satisfy the conditions prescribed in Clause 2 Article 79 of this Decree, except for packages belonging to a special public investment project specified in point c Clause 2 Article 78 of this Decree.”.

3. Amendments to point a and point b, Clause 3:

“a) Prepare and send a draft contract to the bidder:

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The bidder proposed for direct contracting must meet eligibility requirements as prescribed in Points 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 d and e, Clause 1 and points a and b, Clause 2, Article 5 of the Bidding Law. For goods procurement packages, an individual and group of individuals may also participate as bidders to offer their own innovative products in accordance with 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).

b) Complete contracts; approve and publish contractor selection results:

Based on the draft contract, the employer and the bidder proposed for direct contracting shall complete the contract to serve as a basis for approving contractor selection result and signing contract. During the contract completion process, the employer and the bidder shall negotiate the price to ensure that the proposed wining price is cost-effective and economical; for construction packages applying direct contracting as prescribed in point e Clause 2 Article 78 hereof, the employer and the bidder shall negotiate the price to ensure a minimum saving of 5% of the bid price.

In cases where a goods procurement package or EP, PC, or EPC mixed package lacks sufficient data for price referencing as prescribed in Points a, c, d, e, and g, Clause 2, Article 18 of this Decree, or where necessary, the employer may require the bidder to provide a breakdown of the goods' price structure to serve as the basis for negotiating the successful bid price.

The approval and disclosure of the contractor selection result shall comply with Article 33 of this Decree.”.

4. Amendments to Clause 4:

“4. For packages or items with a value not exceeding 100 million VND, the head of the procuring entity shall be responsible for his/her procurement decision ensuring cost-effectiveness and efficiency. The conditions stipulated in Clause 2 of Article 79 of this Decree and procedures stipulated in Clause 3 of this Article are not required, provided that all regulations regarding invoices and documents are fully observed in accordance with the provisions of law or the shortened procedure for direct contracting stipulated in Clause 3 hereof is applied.”.

5. Point 6 shall be added after Clause 5 as follows:

“6. For packages falling under both the ordinary procedures for direct contracting and the shortened procedures for direct contracting, the employer may apply the procedure specified in Clause 3, Article 79 of this Decree or Clause 3 of this Article.”.

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1. Point b is annulled.

2. Point c is amended as follows:

“c) Selection of lawyers or law practice organizations providing legal services for protection of legitimate rights and interests of the State of Vietnam and regulatory authorities before investigative bodies applying trade remedies or other measures affecting commercial interests of Vietnam overseas and national, foreign, or international jurisdictional bodies or dispute resolution bodies;”.

3. Point d is amended as follows:

“d) Packages for purchase of air tickets for domestic and international official business delegations; purchase of air tickets for international delegations visiting Vietnam to attend international conferences or seminars funded by Vietnam;”.

4. Point n is amended as follows:

“n) Packages for proving school meals and purchasing foods, foodstuffs, raw materials, and input fuels to supply school meals for boarding and semi-boarding students at public educational institutions; packages for proving meals for athletes and coaches at sports training institutions or meals for domestic and international sports events in Vietnam; purchasing foods, foodstuffs, raw materials, and input fuels to provide meals for athletes and coaches at sports training and coaching facilities, drug addicts in rehabilitation centers, detainees or people in custody at detention facilities, inmates in prisons,  trainees at correctional facilities/reformatories, or persons with meritorious services being nurtured and cared for at facilities for persons with meritorious services.

Packages for procuring input raw materials for production and processing to ensure clothing standards for inmates in prisons inmates in prisons;  trainees at correctional facilities or reformatories;”.

5. Points t1, t2, t3, t4 are added after point t; point u is amended as follows:

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t2) Packages for providing goods, products, and services under the Voucher support mechanism or similar support tools under programs, schemes, or plans approved by competent authorities;

t3) Packages for providing periodic health check-up services for citizens;

t4) Recruitment, introduction, and management of Vietnamese workers working for foreign organizations and individuals in Vietnam; provision of diplomatic real estate services on a reciprocal basis or non-revenue land/housing assignment basis; organization of international conferences and seminars; lease of services for foreign affairs and tasks with special requirements of national security or foreign affairs;

u) Packages under other projects or procurement estimates with specific procedures or selection criteria for contractor selection, contract signing conditions that do not fall under any of the cases specified in Points a, c, d, dd, e, g, h, i, k, l, m, n, o, p, q, r, s, t, t1, t2, t3, and t4 hereof.”.

Article 8. Annulments and amendments to a number of Clauses of Article 85

1. The opening paragraph of Clause 1 is amended as follows:

“1. For packages falling under the cases specified Clause 1, Clause 2, Clause 3, and points i, k, l, m, n, o, p, q, r, s, t3, t4, and u, Clause 4, Article 84 of this Decree, the employer shall:’.

2. Clause 3 is annulled.

3. Clause 5 is amended as follows:

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a) For international business delegations and the purchase of international air tickets for international delegations visiting Vietnam to attend international conferences/seminars funded by Vietnam: based on the approved work plan and flight itinerary, the agency receiving budget and responsible for buying air tickets must obtain at least 02 quotations from 02 different air ticket agencies (or quotations from one air ticket agent representing at least two airlines, with at least one being Vietnam national airline) for the same flight itinerary for review, comparison, and selection of the air ticket provider based on the following 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 due to business needs, the agency head shall decide the airfare purchases based on the request of the head of the delegation;

b) For domestic business delegations and the purchase of domestic flight tickets for international delegations visiting Vietnam to attend international conferences/seminars funded by Vietnam:

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 in accordance with points a and b of this Clause do not require the preparation and approval for a specific contractor selection plan.”.

4. The opening paragraph of Clause 8 is amended as follows:

“8. For contract packages specified in points g, h, and t1 Clause 4 Article 84 of this Decree, the employer or Asset Valuation Council (in cases where the Asset Valuation Council receives budget from the competent authority) shall:”.

5. Clause 8a is added after Clause 8 as follows:

“8a.  For packages for procuring international legal databases and resolving international investment disputes failing under the cases specified in point m, Clause 4, Article 84 of this Decree, the head of procuring agency shall prioritize cost-effectiveness when deciding on the procurement and remains accountable for their decision; such decision does not require the preparation and approval for a specific contractor selection plan/package estimate and contract signing, provided that invoices and records are fully issued in accordance with the law.".

6. Clause 10 is added after Clause 9 as follows:

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a) The supporting agency shall formulate and publish evaluation criteria, terms of reference, quality control mechanisms, document receipt procedures, and capacity evaluation for providers of goods, products, and services; compile the list of providers of goods, products, and services under the Voucher support mechanism; and select only capable and experienced providers onto the list;

b) The supporting agency shall negotiate framework agreements for the provision of goods, products, and services with providers based on criteria, terms of reference, and quality control mechanisms specified in Point a of this Clause;

c) The supporting agency shall finalize and sign framework agreements with providers of goods, products, and services.”

Article 9. Amendments to a number of Clauses of Article 98

1. The opening paragraph of Clause 1 is amended as follows:

“1. The preparation, appraisal of, and approval for prequalification documents, EOI requests, and bidding documents; approval of prequalification result or contractor selection result shall comply with Articles 25, 26, 27, 33, 37, 38, 39, 46, 62, 63, 64, 72, 81, and 101 of this Decree.”.

2. Clause 2 is amended as follows:

“2. Criteria for evaluating prequalification documents, EOI requests, and bidding documents are laid down in  Articles 25, 26, 37, 38, 62, and 63 of this Decree. Deadlines for preparation of prequalification documents, EOI requests, and bidding documents shall comply with Articles 25, 28, 37, 40, 62, 65, 81, and 101 of this Decree. Prequalification applications, EOIs, and bids are considered valid when the bidder is not in a stage of suspension or termination from participating in the VNEPS. Bids or any other documents submitted by the bidder to the employer after the bid submission deadline for modifying or supplementing the submitted bids are considered invalid and will not be considered, except for documents clarifying the bids as requested by the employer.”.

Article 10. Amendments to a number of points and Clauses of Article 106

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“a) Goods/services in strategic technology fields; key scientific research projects and tasks; and projects, works, and tasks of foundation industries, key industries, energy infrastructure, digital infrastructure, green transport, national defense and security, human resource training associated with technology transfer;”.

2. Point e is added after point dd Clause 2 as follows:

“e) Goods, services, and works which are ordered to execute economic development projects and tasks.”.

3. Clause 3 is amended as follows:

“3. The ordering organization specified in Clause 2 Article 107 of this Decree shall decide on goods/services which are ordered in accordance with points a, b, c, d, and e, Clause 2 of this Article.”.

Article 11. Amendments to Clause 6; Adding Clause 7 after Clause 6 Article 109

“6. Publish results of contract execution and information on the quality of used goods, excluding information classified as state secrets:

a) The ordering organization shall publish information about the contract execution results on VNEPS, including: Execution process, quality of goods/services; contract violations and reasons for violations; other information (if necessary). The results can be published during or after the package performance period but no later than 30 days from the completion date of the order;

b) The ordering organization shall publish information on the quality of goods used under the contract on VNEPS in accordance with Clause 5 Article 20 of this Decree. The results can be published during or after the package performance period but no later than 30 days from the completion date of the order.

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Article 12. Amendments to Clause 2 Article 117

“2. Domestic costs are costs related to package execution arising within the territory of Vietnam and shall be paid in Vietnamese dong. Foreign costs are costs related to package execution arising outside the territory of Vietnam and shall be paid in either foreign currency or Vietnamese Dong as stipulated in the contract.”.

Article 13. Amendments to a number of points and Clauses of Article 131

1. Point k is added after point i Clause 2 as follows:

“k) For important or key packages failing under the cases specified in Points a, b, and b1, Clause 3 of this Article, in addition to the contents specified in Points a, b, c, d, dd, e, g, h, and i of this Clause, the monitoring content shall include:  the progress and results of applying contractor selection forms; and the evaluation of results of applying direct contracting, contractor selection in special cases, and order placement.”.

2. Point b1 is added after point b Clause 3 as follows:

“b1) Goods and services under projects eligible for order placement;”.

3. Point dd Clause 3 is amended as follows:

“dd) Packages other than the cases specified in points a, b, b1, c, and d of this Clause but falling under the request of monitoring of the competent person (if necessary).”.

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“c) Reporting monitoring results: monitoring agencies, units shall send reports on monitoring results to competent persons and publish such reports on VNEPS. Upon detecting any acts or contents that violate bidding regulations and relevant laws, monitoring agencies and/or units shall recommend appropriate handling measures to safeguard the progress and effectiveness of the package.”.

Article 14. Amendments to a number of points and Clauses of Article 132

1. Clause 2 is amended as follows:

“2. Regular monitoring agencies of ministries, departments, and local governments:

Agencies assigned by ministries, ministerial-level agencies, and other central agencies to perform advising functions on state management of bidding, or Departments of Finance (hereinafter referred to as “regular monitoring agencies”) shall:

a) Regularly monitor the bidding activities of the employer subject to Article 2 of the Bidding Law under their management;

b) Supervise the contractor selection in accordance with point d Clause 7 Article 3 of Bidding Law of state-owned enterprises that do not use state budget, public service providers that are self-covering recurrent expenses and investment, public service providers that are self-covering recurrent expenses under their management.”.

2. Clause 4 and Clause 5 are amended as follows:

“4. Procedures for regular monitoring of bidding activities for cases stipulated in point a Clause 2 hereof:

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b) The regular monitoring agency shall, based on the information specified in Point a of this Clause, notify the employer of any abnormal signs with the potential to affect competition, fairness, transparency, efficiency, or progress of execution of project/package;

c) Upon detection of violations against bidding laws, the regular monitoring agency shall request the employer to review and handle them intra vires and report performance results within the prescribed time limit; and establish a monitoring team to conduct case-by-case monitoring when necessary;

d) Based on monitoring results, where shortcomings or errors are identified, the regular monitoring agency shall request the employer to rectify them; where violations against bidding laws are detected, the regular monitoring agency shall request the competent agencies/persons to handle such violations as per laws;

dd) The regular monitoring agency shall publish information on monitoring results and implementation of monitoring results on VNEPS, including:  rectification requirements; results of compliance with rectification requirements; contents of recommendations or requests for competent agencies/persons to handle violators; and other information prescribed by laws.

5. Procedures for regular monitoring of bidding activities for cases stipulated in point b Clause 2 hereof:

a) Quarterly, information on contractor selection activities specified in point d Clause 7 Article 3 must be updated to VNEPS using the prescribed forms to serve the regular monitoring;

b) The regular monitoring agency shall receive information as prescribed in point a hereof or petitions and feedback submitted by organizations and individuals (if any) to consolidate, review, and recommend necessary measures to improve the effect and efficiency of bidding work;

c) The regular monitoring agency shall establish a monitoring team to conduct monitoring of contractor selection upon detection of signs of failing to ensure publicity, transparency, and efficiency.”.

Article 15. Amendments to a number of points and Clauses of Article 138

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“a) Bidders, agencies, or organizations shall submit petitions regarding bidding documents to the employer at least 03 working days before the bid submission deadline; participating bidders shall submit petitions on other contents regarding the contractor selection process to the employer before the disclosure of contractor selection results. Petition contents shall be published on VNEPS. Information on petitioner and the submission time shall be disclosed to the employer on VNEPS. Within 07 working days from the date of receiving the petition, the employer shall issue a written resolution to the petitioner and publish it on VNEPS.

In cases where the petitioner disagrees with the resolution results or the employer fails to issue a written resolution within the time limit specified in this Point, the petitioner  reserves the right to submit a petition to the competent person within 05 working days from the date of expiration for petition resolution or the date of receiving the written resolution from the employer. The competent person shall issue a written resolution of the petition to the petitioner within 07 working days from the date of receiving the petition and send it to the employer for publication on VNEPS;”.

2. Clause 2 is amended as follows:

“2. The resolution of petitions against  contractor selection results shall be conducted in accordance with one of the following two procedures:

a) The bidder shall send a petition to the employer within 10 working days from the date on which the contractor selection result is published on VNEPS. Petition contents shall be published on VNEPS. The information of the bidder submitting petition and the time of submitting the petition shall be disclosed on VNEPS. The employer shall provide a written response to the petitioner within 07 working days from the date of receiving the petition and publish it on VNEPS.

In cases where the petitioner disagrees with the resolution results or the employer fails to issue a written resolution within the time limit specified in this Point, the petitioner reserves the right to submit a petition to the standing body within 05 working days from the date of expiration for petition resolution or the date of receiving the written resolution from the employer. The Council in charge of petition resolution shall provide a written response to the petitioner within 30 days from the date on which the Council in charge of petition resolution is established. The standing body shall disclose such written response on VNEPS within 02 working days from the date on which it is issued;

b) The bidder shall send a petition to the standing body within 10 working days from the date on which the contractor selection result is published on VNEPS. The Council in charge of petition resolution shall provide a written response to the petitioner within 30 days from the date on which the Council in charge of petition resolution is established. The standing body shall disclose such written response on VNEPS within 02 working days from the date on which it is issued;

Where the petitioner sends a petition to both the standing body and the employer, the Council in charge of petition resolution shall resolve the petition.”

3. Clause 6 is amended as follows:

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4. Clause 8 is added after Clause 7 as follows:

“8. For petitions involving complex contents, the Council in charge of petition resolution may extend the resolution period by a maximum of 10 days from the expiration date of the petition resolution specified in Points a and b, Clause 2 of this Article.”.

Article 16. Amendments to a number of Clauses of Article 140

1. The opening paragraph of Clause 4 is amended as follows:

“4. If no bidder participates in bidding by the bid submission deadline, the employer shall apply direct contracting in accordance with point e1 Clause 78 of this Decree or take one of the following actions:”

2. Point b Clause 4 is amended as follows:

b) Extend the bid submission deadline for at least 5 days for packages that are currently seeking EOIs or prequalification applications, construction packages, mixed packages with a package price not exceeding 20 billion VND, packages for procurement of goods and non-consulting services with a package price not exceeding 10 billion VND, simple consulting packages, or urgent consulting packages requiring immediate execution due to schedule requirements that are domestic bidding; extend the bid submission deadline for at least 10 days for other packages;”.

3. Clause 25 is amended as follows:

25. If, during the contract performance, a court convicts the contractor’s employees (who had a valid employment contract with the contractor at the time of the offense) of a bidding-related offense under criminal law that significantly impacted the contractor’s ability to win the contract, the employer must terminate the contract and forfeit the contractor’s performance security deposit. The contractor shall be only paid for the work performed and accepted according to the contract. The contractor shall be considered to have failed to complete the contract and posted on VNEPS; the notice must clearly state the violation leading to termination of the contract; for the unfinished work, the employer shall apply direct contracting according point dd Clause 20 hereof or split into a new package and organize contractor selection as per the law.”.

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 “33a. For package has only one participating bidder whose bid meets the basis requirements of the bidding documents, but fails to meet technical requirements for off-the-shelf goods/devices, provided that the total value of such goods/devices accounts for ≤ 1% of the package value, the employer shall consider deciding to allow the bidder to supplement or replace those goods/devices. Such supplementation or replacement shall not exceed the original quoted unit price.

33b. During bid/proposal evaluation, where the validity of a bidder’s bid/proposal expires due to the extension of evaluation period, the employer may request the bidder to restore the validity of its bid, proposal, and corresponding bid security. In cases where the bidder refuses to restore the validity of its bid, proposal, or bid security, the bidder’s bid or proposal shall no longer be considered or evaluated and shall not be imposed penalties in accordance with the law on bidding.”.

5. Clause 34 is amended as follows:

“34. Other than cases specified in Clauses 1 through 33b hereof, should any situations arise, the employer shall consider and decide on handling situation on the basis of competitiveness, fairness, transparency, economic efficiency, and accountability.”.

Article 17. Amendments to Clause 2 Article 141

“2. Subcontractor management:

a) Based on the scale and nature of the package, the employer shall specify the limitation on subcontracting to the bid price or contract price in the bidding documents/RFP. The bidder may propose the assigned tasks, values, and subcontractor names in their bids/proposals, provided such proposal does not exceed the limitation on subcontracting specified in the bidding documents/RFP. Where the bidder fails to provide the name of subcontractor at the time of bidding, the assigned tasks and values to be allocated to subcontractors must be specified in its bid/proposal.  The tasks to be assigned may comprise one or multiple work items, or a portion of the volume within a work item of the package;

b) If a special subcontractor is employed to perform important work of the package according to the requirements of the bidding documents/ RFP, their capacity and experience shall be evaluated according to the regulations stated in the bidding documents/ RFP. When employing special subcontractors, the bidder is not required to meet capacity and experience requirements for the tasks assigned to these special subcontractors;

c) During contract negotiations (if any) or contract finalization, the employer and the contractor must agree on the limitation on subcontracting. The contractor may propose changes to subcontractor names, or increases or decreases in assigned tasks and/or value to be allocated in their bids/proposals, provided such proposal does not exceed the limitation on subcontracting specified in the bidding documents/RFP, to serve as a basis for contract signing;

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dd) Any substitutions or additions of subcontractors (except for special subcontractors) or modifications to assigned tasks and value to be allocated to subcontractors (as outlined in the bid or proposal) require approval by the employer and supervision consultant and the total cost of assigned tasks cannot exceed the limitation on subcontracting stipulated in the contract. The employer shall not evaluate the capacity and experience of subcontractors (except for special subcontractors). The contractor shall select subcontractors that meet the capacity and experience requirements regarding volume, quality, schedule, and other obligations.  For consortium contractors, each consortium member may only employ subcontractors within the limitation on subcontracting stipulated in the bidding documents/RFP, as allocated to each member under the consortium agreement and signed contract;

e) The contractor shall pay the subcontractors in full and on schedule according to the agreement between the contractor and the subcontractors;

g) The contractor must not sign contracts with other contractors to perform work under its direct responsibility (excluding tasks assigned within the scope of the limitation on subcontracting and tasks assigned to special subcontractors as stated in the contract);

h) The contractor may sign contracts to purchase raw materials, fuels, materials, supplies, spare parts, machinery, equipment, or lease construction equipment and hire workers from suppliers to execute the package. In such cases, these suppliers are not considered as subcontractors; such tasks and value shall not count toward the limitation on subcontracting; and it shall not be considered a violation against the provision of point g hereof.“.

Article 18. Adding point dd after point d Clause 1 Article 146

“dd) Develop a bidding price database.”.

Article 19. Replacements and annulments of certain phrases

1. Some phrases in Clause 1 Article 85 are replaced as follows:

a) Replace the phrase “Đối với trường hợp quy định tại điểm n khoản 4 Điều 84 của Nghị định này, trường hợp cơ sở giáo dục công lập, cơ sở cai nghiện ma tuý, cơ sở giam giữ trong lực lượng vũ trang tại địa bàn có điều kiện kinh tế - xã hội đặc biệt khó khăn theo quy định của pháp luật về đầu tư và tại vùng biên giới, hải đảo” (“In cases specified in point n, clause 4, Article 84 of this Decree, if the public educational institution, rehabilitation center, or detention facility affiliated to the armed forces is located in an extremely disadvantaged area as prescribed in investment laws or border area or island”) with the phrase “Đối với trường hợp quy định tại điểm n khoản 4 Điều 84 của Nghị định này, trường hợp cơ sở giáo dục công lập, cơ sở cai nghiện ma tuý, cơ sở giam giữ trong lực lượng vũ trang, cơ sở trợ giúp xã hội, cơ sở nuôi dưỡng, điều dưỡng người có công tại địa bàn có điều kiện kinh tế - xã hội đặc biệt khó khăn theo quy định của pháp luật về đầu tư và tại vùng biên giới, hải đảo” ("In cases specified in point n, clause 4, Article 84 of this Decree, if the public educational institution, rehabilitation center, detention facility affiliated to the armed forces, social assistance facility, or care facility for meritorious persons is located in an extremely disadvantaged area as prescribed in investment laws or border area or island”).

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2. Remove the phrase “, cơ quan thuộc Chính phủ” (“, Governmental authorities”) in  Point k, Clause 4, Article 84; Clause 1, Article 89; Point a, Clause 1 and Clause 2, Article 122; Point a, Clause 2, Article 128; Point a, Clause 1 and Point c, Clause 2, Article 139; Clause 4, Article 146.

Chapter II

AMENDMENTS TO CERTAIN ARTICLES OF THE GOVERNMENT’S DECREE NO. 32/2019/ND-CP DATED APRIL 10, 2019 ON COMMISSIONING, ORDERING AND TENDERING FOR PUBLIC-SECTOR GOODS AND SERVICES FUNDED BY THE STATE BUDGET'S REGULAR EXPENDITURES (AS AMENDED BY THE GOVERNMENT’S DECREE NO. 111/2025/ND-CP DATED MAY 22, 2025 AND DECREE NO. 214/2025/ND-CP DATED AUGUST 04, 2025)

Article 20. Amendments to a number of Clauses of Article 13

1. Clause 1 is amended as follows:

“1. Revenue and expenditure estimates assigned by competent authorities.  For order placement estimates, the order placement plan may be formulated based on the order placement estimate for the fiscal year and intended order placement estimate for subsequent fiscal year.”.

2. Clause 3 is amended as follows:

“3. Unit prices and prices of state-funded public services to be ordered.”

Article 21. Amendments to a number of points and Clauses of Article 13a

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“a) Determine the unit price, ordering price;”

2. Point c Clause 2 is amended as follows:

“c) Determine the unit price, ordering price;”

Article 22. Amendments to point d Clause 3 Article 14

 d) Unit prices, order placement prices issued by the competent authorities based on economic-technical norms, cost norms (if any) or other pricing methods in accordance with the law on prices and other relevant laws.

Where the head of an agency/unit determines an urgent order placement task requiring immediate execution, while awaiting the issuance of unit prices and order placement prices by competent authorities, the  agency/unit may sign contracts at a maximum of 90% of the order placement value calculated according to the execution price of the most recent year or 90% of the estimate allocated by the competent authority (applicable to the first-time execution).

After the competent authority issues the unit prices, order placement prices, the  agency/unit shall adjust contracts, perform acceptance and liquidation of placement contracts, and remit any excess difference (if any) between signed contracts and adjusted contracts to the state budget.”.

Article 23. Amendments to a number of Clauses of Article 18

1. Clause 1 is amended as follows:

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2. Clause 3 is amended as follows:

“3. Unit prices, order placement prices; or subsidy. Where public utilities collect fees, they shall follow the fee collection rates prescribed by the State.”.

Article 24. Amendments to Clause 3 Article 18a

“3. Determine the unit price, ordering price.”

Article 25. Amendments to point c Clause 1 Article 19

c) Prices, unit prices, and subsidy rates. Where: prices, order placement prices shall be issued by the competent authorities based on economic-technical norms, cost norms (if any) or other pricing methods in accordance with the law on prices and other relevant laws.

Where the head of an agency/unit determines an urgent order placement task requiring immediate execution, while awaiting the issuance of unit prices and order placement prices by competent authorities, the agency/unit may sign contracts at a maximum of 90% of the order placement value calculated according to the execution price of the most recent year or 90% of the estimate allocated by the competent authority (applicable to the first-time execution).

After the competent authority issues the unit prices, order placement prices, the  agency/unit shall adjust contracts, perform acceptance and liquidation of placement contracts, determine subsidy rates in accordance with regulations, and remit any excess difference (if any) between signed contracts and adjusted contracts to the state budget.”.

Article 26. Amendments to point b Clause 2 Article 26

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The issuance, amendments, and supplements to criteria and standards for public utilities; monitoring, evaluation, and quality inspection mechanisms; and regulations on the inspection and acceptance of public utilities fall under the management scope of local authorities.".

Chapter III

IMPLEMENTATION PROVISIONS

Article 27. Transition clauses

1. Regarding Decree No. 32/2019/ND-CP:

a) For public utilities for which order placement decisions have been issued or order placement contracts have been signed before the effective date of this Decree, the performance shall continue in accordance with the provisions of Decree No. 32/2019/ND-CP (as amended by Decree No. 111/2025/ND-CP and Decree No. 214/2025/ND-CP) until the completion of payment and settlement of funds for order placement for provision of public utilities;

b) For the placement of orders for public utilities using state budget funds from recurrent expenditures for which the state budget estimates for 2026 have been allocated (including previous year's estimates carried forward to 2026 and estimates supplemented in 2026) but no order placement decision has been issued or no order placement contract has been signed, the ordering agency may decide to continue applying the provisions of Decree No. 32/2019/ND-CP (as amended by Decree No. 111/2025/ND-CP and Decree No. 214/2025/ND-CP) or the provisions of this Decree;

c) Economic-technical norms and cost norms for state-funded public utilities; criteria and standards for public utilities; monitoring, evaluation, and quality inspection mechanisms; and regulations on inspection and acceptance of public utilities issued by competent authorities before the effective date of this Decree shall continue to be implemented in accordance with applicable regulations.

2. Regarding Decree No. 214/2025/ND-CP:

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b) For packages where contractor selection plans have been approved but, as of the effective date of this Decree, EOI requests, prequalification documents, bidding documents, RFPs, or draft contracts for packages applying simplified direct contracting have not been issued and contain provisions inconsistent with this Decree, the investor may adjust the approved contractor selection plan to comply with this Decree;

c) For packages procuring domestically produced vaccines specified in point b Clause 4 Article 84 of Decree No. 214/2025/ND-CP (as amended by Decree No. 165/2026/ND-CP and Decree No. 170/2026/ND-CP) where the employer signed a contract with the domestic vaccine manufacturer in accordance with Clause 3, Article 85 of Decree No. 214/2025/ND-CP (as amended by Decree No. 165/2026/ND-CP and Decree No. 170/2026/ND-CP) before the effective date of this Decree, the employer and domestic vaccine manufacturer may adjust the signed contract and perform the payment and pricing according to the mechanism specified in Article 22 of this Decree.

Article 28. Entry into force

1. This Decree shall come into force from the day on which it is signed.

2. Clause 2 Article 3 of Decree No. 111/2025/ND-CP (amending a number of Articles of Decree No. 60/2021/ND-CP) is annulled.

ON BEHALF OF THE GOVERNMENT OF VIETNAM
PP.  PRIME MINISTER
DEPUTY PRIME MINISTER




Pham Gia Tuc