Legal expert Tien Dat provides the following response
On September 30, 2026, the Government of Vietnam promulgated Decree No. 374/2026/ND-CP providing guidelines for bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between Vietnam and the European Union (EVFTA), and the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA).
According to the Decree, a contractor being an organization shall be eligible when it fully satisfies the following conditions:
- It is not currently prohibited from participating in bidding under a decision issued by a state agency or competent authority of any country or territory;
- It satisfies the conditions prescribed in Points a, b, c, d, dd, e, g, and h Clause 1 Article 5 of the Law on Bidding 2023, including:
+ A domestic contractor or investor must be an enterprise, cooperative, union of cooperatives, cooperative group, public service provider, foreign-invested economic organization, or another organization registered for establishment and operation in accordance with Vietnamese law. A foreign contractor or investor must be registered for establishment and operation in accordance with foreign law;
+ It maintains independent financial accounting;
+ It is not undergoing dissolution procedures or having its Enterprise Registration Certificate or certificate of registration of a cooperative, union of cooperatives, or cooperative group revoked and is not insolvent under the laws on rehabilitation and bankruptcy;
+ Its name is registered on the Vietnam E-Procurement System before the contractor or investor selection results are approved;
+ It ensures competition in bidding in accordance with Article 6 of the Law on Bidding 2023;
+ It is not currently prohibited from participating in bidding under a decision issued by a competent person, Minister, head of a ministerial agency, governmental agency, or another central authority, or President of a provincial People’s Committee as prescribed in Clause 3 Article 87 of the Law on Bidding 2023;
+ It is not subject to criminal prosecution;
+ It is included on the shortlist where a shortlist has been selected.
See more details in Decree No. 374/2026/ND-CP effective as of November 14, 2026.
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