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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.88/1999/ND-CP
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Hanoi, September 1, 1999
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DECREE
PROMULGATING THE
REGULATION ON BIDDING
THE GOVERNMENT
Pursuant to the
September 30, 1992 Law on Organization of the Government;
At the proposal of the ministers of: Planning and Investment Finance; Trade;
and Construction,
DECREES
Article
1.-
To promulgate together with this Decision the Regulation
on Bidding in replacement of the Regulation on Bidding issued together with the
Government�s
Decree No.43/CP of July 16, 1996 and Decree No.93/CP of August 23, 1997.
Article
2.-
This Decree takes effect 15 days after its signing.
Article
3.-
The Minister of Planning and Investment shall assume the
prime responsibility and coordinate with the Minister of Construction, the
Minister of Finance, the Minister of Trade, the Vietnam State Bank Governor,
the heads of concerned ministries and branches in guiding and inspecting the
implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
REGULATION
ON BIDDING
(Issued together with the Government�s Decree No.88/1999/ND-CP September 1st, 1999)
The Regulation on
Bidding is promulgated with the aim to uniformly manage activities of bidding
for the selection of consultancy, goods procurement, construction and installation
as well as selection of partners for execution of projects or parts of projects
on the territory of the Socialist Republic of Vietnam.
Chapter
I
GENERAL PROVISIONS
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1. The objective of
the bidding is to achieve the competitiveness, fairness and transparency in the
process of bidding for selection of appropriate bidders, ensuring the economic
efficiency of projects.
2. The bidding is
conducted on the basis of bidding package by bidding package.
3. The bidding
process includes: bidding preparation, organization of bidding, bid evaluation,
appraisal and approval, announcement of bid winners, contract negotiation,
finalization and signing.
Article
2.-
Scope and objects of application
1. The Regulation on
Bidding shall apply to biddings organized and implemented in Vietnam.
2. Application
objects:
a) Investment
projects implemented under the Regulation on Investment and Construction
Management which require the application of the Regulation on Bidding;
b) Joint venture
projects, business cooperation contracts or joint stocks with State-run
economic organizations (State enterprises) contributing 30% or more of the
legal capital, business capital or stock capital;
c) Projects using the
sources of aid capital from international organizations or foreign countries,
which are implemented on the basis of the content of treaties acceded by the
signing parties (the donor parties and the Vietnamese party). Where the draft
treaties contain details other than those in this Regulation, the bodies tasked
to negotiate and sign the treaties shall have to submit them to the Prime
Minister for consideration and decision before they are signed;
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- For a domestic
investment project, it can be implemented only when there are two or more
investors wishing to participate therein simultaneously;
- For
foreign-invested projects, the bidding shall be organized according to this
Regulation only when there are two or more investors wishing to participate in
the same project or when the Prime Minister requests a bidding to select the
investment partner for implementation of the project.
e) The investment in
procurement of appliances, supplies, equipment and working facilities of the
State bodies, organizations and State enterprises; ordinary appliances and
working facilities of armed forces units. The Ministry of Finance shall specify
the scope of procurement, the procurement value, the responsibility and rights
of procuring units under the Law on State Budget.
All objects
prescribed in Clause 2 of this Article must be subject to the application of
the Regulation on Bidding while for other objects the application thereof is
only encouraged.
Article
3.-
Interpretation of terms
Terms used in this
Regulation shall be construed as follows:
1.
"Bidding" is a process of selecting bidders that meet the
requirements of the bid solicitor.
2. "Domestic
bidding" is a bidding participated only by domestic bidders.
3.
"International bidding" is a bidding participated by domestic and
foreign bidders.
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5.
"Project" is a collection of suggestions to perform part or whole of
a given work, objective or requirement. Projects shall include investment
projects and non-investment projects.
6. "Investment
projects of Group A, B or C" stipulated in this Regulation are defined and
classified in the Regulation on Investment and Construction Management.
7. "Bid
solicitor" is the project owner, investor or a legal person being the
lawful representative of the project owner or the investor and assigned the
task of carrying out the bidding work.
8. "The competent
person" is the head or person authorized under the provisions of law of an
organization, a State body or enterprise; concretely as follows:
a) For investment
projects, the "competent persons" are "persons competent to
decide the investment" as stipulated in the Regulation on Investment and
Construction Management;
b) For the
procurement of appliances, supplies, equipment and working facilities of State
bodies, organizations and State enterprises; the ordinary appliances and
working facilities of armed forces units, "the competent persons" are
the persons who decide the procurement in accordance with the provisions of
law;
c) For projects using
capital under the company ownership or other forms of ownership, "the
competent persons" are the Managing Boards at the heads with competence is
prescribed by law.
9. "The
competent levels" are organizations or agencies empowered or authorized by
the competent persons under the provisions of law.
10.
"Bidders" are economic organizations with full legal person status to
participate in bidding. Where a bidding is opened for selection of consultancy,
bidders may be individuals. Bidders shall be constructors in the construction
and installation bidding; the suppliers in the goods procurement biddings; the
consultants in the consultancy selection biddings, or the investors in the
biddings for selection of investment partners. Domestic bidders are those with
the Vietnamese legal person status and operating lawfully in Vietnam.
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12. "Small-scale
bidding package" is a bidding package valued at under VND2 billion for
goods procurement or construction and installation.
13.
"Consultancy" means the operations to satisfy the bid solicitor's
requirements on professional knowledge and experience in considering, deciding
and examining the process of project preparation and implementation.
14. "Construction
and installation" mean jobs to be done in the process of construction and
installation of equipment for the project and/or project items.
15. "Goods"
mean machinery, transport means, equipment (in complete set or single item),
the industrial property right, technological copyrights, raw materials, fuels,
materials, consumer goods (finished products, semi-finished products).
16. "Bidding
dossier" means the entire documents compiled by the bid solicitor,
including the requirements for a bidding package, to be used as bases for the
bidders to prepare their bids and the bid solicitor to evaluate bids.
"Bidding
dossiers" must be ratified by competent persons or competent levels before
they are distributed.
17. "Bids"
mean documents prepared by bidders according to the requirements of the bidding
dossiers.
18."The expert
team" means a group of experts and/or consultants, established or hired by
the bid solicitor, having the responsibility to assist the bid solicitor
perform relevant work in the process of bidding.
19. "Bidding
closing" means the end of the time limit for submitting bids as prescribed
in the bidding dossiers.
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21. "The short
list" is a list of bidders, which is shortened through evaluation steps.
In the bidding for selection of consultants, the short list shall include
consultants selected on the basis of a long list or from the list of
consultants having registered to participate in the bidding.
22. "Evaluation"
means the work of examining and evaluating by agencies with evaluation function
the plans for the project's bidding, the results of bidding for bidding
packages as well as relevant bidding documents before they are ratified by
competent persons or competent levels.
23. "Bidding
package price" is the price set for each bidding package in the plan for
the project's bidding, based on the total investment or the total estimate,
estimates already approved. In case of bidding for selection of project
preparation consultants, the bidding package price must be approved by the
competent person before organizing the bidding.
24. "The bid
price" means the price written by the bidder in his/her/its bid after
subtracting the price reduction amount (if any) including the total expenses
necessary for the performance of the bidding package.
25. "Evaluation
price" is the bid price with correction of errors and adjustment of
discrepancies (if any), converted to the same level (technical, financial,
commercial and other) to serve as basis for comparison of bids.
26. "Error
correction" means the correction of errors in order to make bids accurate,
including arithmetical errors, typing errors, spelling mistakes,
unit-misidentification, which shall be made by the bid solicitor and used as
basis for the evaluation.
27. "Adjustment
of discrepancies" means the supplement or adjustment of inadequate or
superfluent details in bids as compared to the requirements of the bidding
dossiers as well as the supplement or adjustment of discrepancies between
sections of bids. This shall be made by the bid solicitor.
28. "Bid winning
proposed price" means the price proposed by the bid solicitor on the basis
of the bid price of the proposed bid winner after correction and adjustment of
errors and discrepancies as required by the bidding dossiers.
29. "Bid winning
price" means the price approved in the bidding results by the competent
person or the competent level to serve as basis for the bid solicitor
negotiate, finalize and sign contract with the bid winner.
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30. "Contracting
price" means the price agreed upon by the bid solicitor and the bid winner
after negotiating on the finalization of the contract and compatible to the
bidding result.
31. "Bidding
result" means the approval of the name of the bid winner, the bid winning
price and type of contract by the competent person or the competent level.
32. "Negotiation
on finalization of contract" is a process of continuing the negotiation on
finalization of detailed contents of the contract with the bid winner for
signing.
32. "Bid
security" means the deposit of a sum of money (cash, checks, bank guaranty
or the like) by bidders into an address for a definite period of time as
prescribed in the bidding dossiers to secure the bidders� liability for their
bids.
34. "Contract
performance security" means the deposit of a sum of money (cash, checks,
bank guaranty or the like) by the bid winner into an address for a definite
period of time as required in the bidding dossiers and the bidding result in
order to secure the liability for the performance of the signed contract.
Article
4.-
Forms of bidder selection
1. Unrestricted
bidding:
Unrestricted bidding
is the form of bidding with unrestricted number of participating bidders. The
bid solicitor shall have to publicly announce the bidding conditions and time
on the mass media at least 10 days before the distribution of bidding dossiers.
Unrestricted bidding is the main in form to be applied in bidding.
2. Restricted
bidding:
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a) Only a number of
bidders are capable of meeting the requirements of the bidding package;
b) The sources of
capital to be used require the restricted bidding;
c) The restricted
bidding is more advantageous due to the specific situation of the bidding
package.
3. Appointed bidding:
Appointed bidding is
the form of directly selecting bidders capable of meeting the requirements of
the bidding package for negotiation on the contracts.
The form shall apply
only in the following special cases:
a) Force majeure
circumstances such as natural calamities or enemy sabotage occur, the capable
units shall be appointed immediately to promptly carry out the work. Then the
content of the appointed bidding must be reported to the Prime Minister for
consideration and ratification;
b) The bidding
package being of study and experimental character, the State secrets, security
secrets or defense secrets shall be decided by the Prime Minister;
c) The special
bidding packages which shall be decided by the Prime Minister, based on the
appraisal reports of the Ministry of Planning and Investment and written
comments of the capital supplying agencies and concerned bodies.
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- The reasons for
appointing bidders;
- The technical and
financial experiences and capabilities of the bidders recommended for the
appointment;
- The value and
volume already approved by the competent persons or the competent levels,
serving as basis for the appointment of bidders.
4. Competitive sale
offers:
This form shall be
applied to bidding packages for the procurement of goods valued at under VND2
billion.
Each bidding package
must have at least 3 sale offers of 3 different bidders, based on the bid
solicitor�s
sale offer requirements. The
sale offers may be sent directly, by facsimile, postal services or other means.
5. Direct
procurement:
On the basis of
compliance with the provisions at Clause 3, Article 4 of this Regulation, the
form of direct procurement shall apply in cases where the already performed
contracts (under one year) or the being performed contracts are supplemented
provided that the investors have the demand to increase the goods quantity or
the work volume, which have earlier been opened to bidding, but it must be
ensured that it must not exceed the price or the unit price in the contract
signed earlier. Before signing a contract, the bidder must prove that it/she/he
has full technical and financial capabilities to perform the bidding package.
6. Self-performance:
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7. Special
procurement:
This form shall apply
to particularly special branches where, if without separate provisions, the
bidding cannot be carried out. The branch-managing agency, shall have to draw
up the process of implementation to achieve the objectives of the Regulation on
Bidding and obtain the consent of the Minister of Planning and Investment in
order to submit them to the Prime Minister for decision.
Article
5.-
Mode of bidding
1. The one
dossier-bag bidding
is a mode by which bidders submit their bids in one bag of dossiers. This mode
shall apply to the bidding for procurement of goods and for construction and
installation.
2. The two
dossier-bag bidding
is a mode by which bidders submit their technical solutions and price offers in
each separate bag of dossiers simultanously. The dossier bag of technical
solutions shall be considered first for evaluation. Those bidders who get 70%
of total technical marks upward shall have their dossier bag of price offers
opened for evaluation. This mode shall apply only to biddings for the selection
of consultants.
3. The two-phase
bidding:
This mode shall apply
to the following cases:
- Bidding packages
for goods procurement or construction and installation with the value of VND500
billion or more;
- Bidding packages
for goods procurement, characterized by the technological selection with
complete equipment as well as technological and technical complexity, or
bidding packages for especially complicated construction and installation;
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This process shall be
effected as follows:
a) The first phase:
Bidders submit their preliminary bids including the technical solutions and the
financial plans (without price) so that the bid solicitor shall consider and
discuss in detail with bidders one by one in order to reach agreement on the
technical requirements and criteria so that the bidders prepare and submit
their official bids.
b) The second phase:
The bid solicitor shall invite all bidders participating in the first phase to
submit their official bids with the completely supplemented technical solutions
on the same technical level and the detailed financial plans fully containing
details on the implementation tempo, contractural terms and bid prices.
Article
6.-
Contracts
1. The bid solicitor
and the bid winner shall have to enter into a written contract. The contract
must ensure the following principles:
a) Complying with the
current provisions of legislation of the Socialist Republic of Vietnam on
contracts. In cases where this has not yet been prescribed by Vietnamese laws,
the Prime Minister�s
permission must be
obtained before signing the contract;
b) The contents of
contracts must be approved by the competent persons or the competent levels
(compulsory only for contracts to be signed with foreign contractors or
contracts to be signed with domestic contractors with the bidding results
approved by the Prime Minister).
2. Based on the
duration and characters of a bidding package prescribed in the bidding plan,
the contract shall be performed in one of the following forms:
a/ The package
contract is a contract with the package price, applicable to bidding packages
which are clearly determined in term of the quantity, quality requirements and
duration. In case of extra-contractural happenings not caused by the
contractors, they shall be considered and decided by the competent persons or
the competent levels;
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c) The contract with
price adjustment is a contract applicable to bidding packages which, by the
time of signing the contract, lack conditions for the determination of their
quantity and volume or the prices greatly fluctuate due to changes in the State�s policies and the contract performance
duration is over 12 months. The performance of price-adjusted contracts shall
have to comply with the provisions in Article 7 of this Regulation.
Article
7.-
Adjustment of contract value:
The adjustment of
contract value shall be made only when
1. The bidding
dossiers approved by the competent persons or the competent levels specify the
conditions and limits of part of work or project items entitled to price
adjustment and the price adjustment formulas.
2. It is confirmed by
the involved parties and permitted by the competent person or the competent
level, to be applied in the following cases:
a) Where arise new
volumes, quantities (increase or decrease), which are not caused by the
contractor;
b) Where the prices
fluctuate due to changes in the State's policies regarding labor, raw materials
and materials and equipment in the price-adjusted contracts with the
implementation duration of over 12 months. The inflation rate shall only be
calculated as from the 13th month counting from the time of starting the
contract performance.
3. The contract
value, after being adjusted, must not exceed the total cost estimate, the
estimate or price of the bidding package in the approved bidding plan. The
total adjusted value and the values of contracts under the project must not
exceed the total investment amount already approved.
Article
8.-
Project bidding plan
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2. A project bidding
plan shall include the following contents:
a) The division of
the project into different bidding packages;
b) The prices of the
bidding packages and financial sources;
c) Form of selecting
bidders and the bidding mode to be applied to each bidding package;
d) The time for
organizing the bidding for each bidding package;
e) Type of contract
for each bidding package;
f) The contract
performance duration.
Article
9.-
Conditions for contract performance
1. The bidding shall be
organized only when the following conditions are fully met:
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b) The bidding plan
has been ratified by the competent person;
c) The bidding
dossier has been ratified by the competent person or the competent level.
In case of bidding
for the selection of consultants to perform the work of project preparation or
bidding for the selection of partners for the project implementation, the
organization of bidding shall be conditioned by the written approval of the
competent person or the competent level and the approved bidding plan.
2. The bidders
participating in bidding shall have to satisfy the following conditions:
a) Having the
business registration certificate. For bidders for procurement of complicated
equipment prescribed in the bidding dossiers, the permit for the sale of goods
under the producers' licenses is also required besides the business
registration certificate;
b) Having full technical
and financial capabilities to meet the requirements of bidding packages;
c) Being entitled to
participate in the bidding with only one bid for a bidding package, whether it
is unilateral or multilateral bid. Where a corporation registers its name for the
bidding, all its attached units shall not be allowed to participate therein in
the capacity as independent bidders in the same bidding package.
3. The bid solicitors
shall not be allowed to participate as bidders in the bidding packages
organized by themselves.
Article
10.-
Conditions for international biddings and preferences
for bidders
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a) The bidding
packages cannot be satisfied in terms of their requirements by any domestic
bidders;
b) The projects which
use the sources of aid capital of international organizations or foreign
countries require international biddings as provided for in the agreements.
2. The foreign
bidders, when participating in international biddings in Vietnam, shall have to either enter into partnership with Vietnamese bidders or commit to
use Vietnamese subcontractors, but clearly state the division of work between
parties regarding the scope and volume of work and the corresponding unit
prices.
3. The foreign bid
winners shall have to fulfill their commitments regarding the work volumes in
percentage and corresponding unit prices, to be given to the Vietnamese
partners or subcontractors as stated in their bids. While negotiating the
finalization of contracts, if the foreign bid winners fail to fulfill their
commitments stated in their bids, the bidding results shall be disregarded.
4. Bidders
participating in biddings in Vietnam shall have to commit to procure and use
the supplies and equipment with suitable quality and prices, being
manufactured, processed or available in Vietnam.
5. Where two bids of
foreign bidders have been evaluated being equal, the one with higher percentage
of work given to the Vietnamese side (partner or subcontractor) shall be
accepted.
6. Domestic bidders
participating in international biddings (unilaterally or in partnership) shall
be given priority when their bids are evaluated as equal to bids of foreign
bidders.
7. Where two bids are
evaluated being equal, priority shall be given to the bid with higher
percentage of labor.
8. Domestic bidders
participating in international biddings shall be entitled to the regime of
preferences as prescribed by laws.
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Bidders must not
change their bids after the closure of biddings. During the process of bid
evaluation, the bid solicitor may request bidders to clarify some details of
their bids in forms of direct or indirect discussion, which, however, must
ensure the equality among bidders and must not alter the basic contents of the
bids as well as the bid prices. The clarification requests of the bid solicitor
and the replies of the bidders must be recorded in writing and archived by the
bid solicitor according to the provisions of law.
Article
12.-
Bid preparation time and effective time-limits of bids
1. The time of
bidding closure and the effective time-limit of bids must be clearly inscribed
in the bidding dossiers. Depending on the size and complexity of a bidding
package, the maximum duration for bid preparation shall be 15 days for domestic
biddings (7 days for small-sized bidding packages) or 30 days for international
biddings, counting from the date of distributing the bidding dossiers.
In special cases
where a number of details of the bidding dossiers need to be amended before the
bidding closure deadline, the bid solicitor may extend the bid preparation
duration.
The written
amendments to the bidding dossiers must be sent to all bidders having
participated in the bidding at least 10 days before the prescribed deadline for
bidding closure so that the bidders may have enough time to finalize their
bids.
2. The maximum
effective time-limit of a bid shall not exceed 180 days after the bidding
closure. Where such time-limit needs to be extended, the bid solicitor shall
have to notify it to all bidders after getting permission of the competent
person or the competent level. If the bidder refuses to accept this, he/she/it
shall be refunded with the bid security money.
Article
13.-
Bid opening, evaluation, submission and approval and the
announcement of bidding results
1. Bid opening:
After the receipt of
bids in status quo, which have been submitted on time and managed according to
the regime of management of "Secret" documents, the bid opening shall
be publicly conducted according to the date, hour and location inscribed in the
bidding dossiers and within 48 hours after the bidding closure (excluding
holidays prescribed by law).
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a) The name of the
bidding package;
b) The date, hour and
location of opening bids;
c) The names and
addresses of bidders;
d) The bid price, bid
security and implementation tempo;
e) Other relevant
details.
The bid solicitor's
representative and bidders invited to participate therein must affix their
signatures to the bid-opening minutes.
The originals of
bids, after being opened, shall be signed for certification on each page before
they are evaluated and managed according to the regime of management of
"Secret" documents, which shall serve as legal bases for evaluation
and consideration.
2. Bid evaluation:
The bid solicitor
shall study, evaluate in detail and classify the opened bids according to the
requirements of the bidding dossiers and the evaluation criteria already
approved by the competent person or the competent level before the bid opening.
The bid evaluation shall be conducted according to the following principles:
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b) Using the method
of evaluating bidding packages for goods procurement or construction and
installation according to the two following steps.
- Step 1: Using the
points scale for technical matters to select the short list (namely the list of
bidders who basically meet the requirements of the bidding dossiers based on
the evaluation criteria).
- Step 2: Determining
the evaluation price for bids on the short list for rating.
c) Not using the bid
evaluation price, the floor price but the bidding package price in the approved
bidding plan.
3. Approving and
announcing the bidding results:
The bidding results
must be approved by the competent persons or the competent levels. The bid
solicitor may announce the bidding results only after they are approved by the
competent persons or the competent levels.
Article
14.-
Currency, tax and language used in the bidding
1. The bid currency
shall be stipulated by the bid solicitor in the bidding dossiers according to
the principle of one currency for one goods offer volume.
In the course of bids
evaluation and comparison, the exchange rates between the Vietnam dong and the foreign currencies shall be determined according to the rates announced by the
State Bank of Vietnam at the time of opening bids.
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3. The languages used
in biddings shall be Vietnamese for domestic biddings; Vietnamese and English
for international biddings.
Article
15.-
Responsibilities of the bid solicitor
Besides the tasks of
drawing up and submitting for approval bidding plans for projects prescribed in
Article 8 of this Regulation, the bid solicitor shall have to conduct biddings
according to the approved bidding plans or written approvals of the competent
persons or the competent levels and to the order of organizing biddings
stipulated in Articles 20, 22, 33, 45 and 47 of this Regulation, including:
1. Setting up the
experts team or hiring consultants to assist the bidding on the basis of the
approval by the competent persons or the competent levels;
2. Summarizing the
bidding process and submitting the bidding results to the competent persons or
the competent levels for consideration and approval;
3. Announcing the bid
winners, negotiating on the finalization of contracts;
4. Submitting for
approval the contract contents (as prescribed in Point b, Clause 1, Article 6
of this Regulation) and signing the contracts.
Article
16.-
Composition, criteria, responsibilities and powers of
the experts' group
1. The composition of
the experts' group:
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a) Technique,
technology;
b) Economics,
finance;
c) Legal affairs and
other matters ( if necessary).
The head of the
experts' group shall be decided by the bid solicitor and approved by the
competent person or the competent level, who shall have to run the affairs,
synthesize and prepare evaluation reports or other relevant documents.
2. Criteria for
members of the experts�
group:
a) Having
professional qualifications related to the bidding package;
b) Being conversant
with the specific contents of the bidding package;
c) Having experience
in practical management or research;
d) Being
knowledgeable about the bidding process.
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a) Preparing legal
documents, compiling the bidding dossiers;
b) Receiving and
managing bids;
c) Analyzing,
evaluating, comparing and classifying bids according to the evaluation criteria
stated in the bidding dossiers and the detailed evaluation criteria approved
before opening bids.
d) Synthesizing
documents on the process of evaluation and selection bidders and making reports
on bid consideration;
e) Having to state
honestly and objectively its opinions in writing to the bid solicitor in the
course of analyzing, evaluating and classifying bids and being answerable
before law for its opinions. Being entitled to reserve its opinions for
consideration by the superior level;
f) Having to keep
secret information, not to join hand with bidders in any forms;
g) Not entitled to
participate in evaluating the bidding results.
Chapter
II
BIDDING FOR SELECTION OF CONSULTANCY
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1. Consultancy for
the project preparation:
a) Elaborating the
planning and overall scheme for development;
b) Making
pre-feasibility study report;
c) Making feasibility
study report;
d) Evaluating reports
on the elaboration of planning, overall development scheme, pre-feasibility
study report and feasibility study report.
2. Consultancy for
project implementation:
a) Survey;
b) Making the design,
total cost estimate and estimates;
c) Evaluating and
verifying the design and the total cost estimate and estimates (if any);
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e) Analyzing and
evaluating bids;
f) Supervising the
construction and equipment installation.
3. Other
consultancies:
a) Project
management, financial settlement;
b) Administrations of
the project implementation;
c) Training, technology
transfer and other matters.
The consultants must
not participate in the assessment of their work performances and must not
participate in the bidding for bidding packages on goods procurement or
construction and installation, on which they have provided consultations
(except for bidding packages implemented in the form of turn-key contracts).
Article
18.-
Types of consultants:
The consultants shall
be classified into the following types:
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2. Specialists
operating independently or in an organization which operates under the
provisions of law.
Article
19.-
Requirements on the consultants
1. The consultants
must have adequate professional qualifications suitable to the requirements of
the bidding dossiers. The consulting specialists must be possessed of
certificates and/or diplomas evidencing their proper professional
qualifications.
2. The consultants
must bear responsibility before the bid solicitor for the legitimacy, accuracy
and objectivity regarding the professional matters and fulfill their tasks
under the signed contracts.
Article
20. -
Order of organizing the bidding
The bidding for
selection of consultancy shall be organized in the following order:
1. Compiling the
bidding dossiers, including:
a) The bid invitation
letter;
b) Reference terms
(purpose, scope of work, tempo, tasks and responsibilities of the consultants,
responsibilities of the bid solicitor and other relevant contents);
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d) Evaluation
criteria;
e) Preferential terms
(if any);
f) Enclosed detail
appendices.
2. Announcement on
bid registration:
The bid registration
announcement must be made on the appropriate mass media or sent directly to
bidders recommended by concerned information supplying agencies or
organizations.
3. Determination of
the short list:
a) The short list
shall be determined according to selection criteria already approved by the
competent person or the competent level;
b) This short list
must be approved by the competent person or the competent level.
4. Bid invitation:
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5. Receipt and
management of bids:
The bid solicitor
shall only receive bids which are submitted on time as prescribed in the
bidding dossiers and manage them according to the regime of management of
"Secret" files.
6. Opening technical
solutions bags:
The opening of
technical solutions bags shall comply with Clause 1, Article 13 of this
Regulation.
7. Evaluation of
technical solutions:
The evaluation of
technical solutions shall comply with the evaluation criteria prescribed in the
bidding dossiers and the detail evaluation criteria, already approved by the
competent person of the competent level before the opening of the technical
solutions bags.
8. Opening the
financial proposals bags:
The opening of
financial proposals bags of bidders who have got 70% or more of the total marks
on technical solutions as prescribed in Clause 1, Article 13 of this
Regulation.
9. General
evaluation:
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10. Submitting for
approval the list of rated bidders.
11. Negotiating the
contract:
The bid solicitor
shall invite the first-rated bidder to negotiate the contract. In case of
failure, the bid solicitor shall invite the next-rated bidder to negotiate the
contract, but with the approval of the competent person or the competent level.
The bidding work
prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this Article
shall be performed by the bid solicitor or the hired specialists.
12. Submitting the
bidding results for approval.
13. Announcing the
bid winner and negotiating the finalization of the contract:
The bid solicitor
shall notify the approved bidding results to bidders having participated in the
bidding, conduct negotiation on the finalization of the contract with the bid
winner.
14. Submitting for
approval the contract contents (according to the provisions in Point b, Clause
1, Article 6 of this Regulation) and signing the contract.
Article
21.-
Consultancy costs
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a) Payment to
consultants specialists, including basic wages, social fees, management fees,
corporate profits and other allowances;
b) Expenses outside
wages, including air fares, working travel allowance, expenses for stationery,
information, working facilities, training and other expenses;
c) Various kinds of
tax prescribed by law;
d) Reserve expenses:
The reserve expenses
shall be determined according to current regulations and be used only when it
is approved by the competent person or the competent level.
2. Domestic
consultancy costs shall comply with the provisions of law.
Chapter
III
BIDDING FOR GOODS PROCUREMENT
Article
22.-
Order of organizing the bidding
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1. Preliminary
selection of bidders (if any);
2. Compiling the
bidding dossiers;
3. Sending the bid
invitation letters or announcing the bid invitation;
4. Receiving and
managing bids;
5. Opening bids;
6. Evaluating and
rating bidders;
The work of
organizing the bidding prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this
Article shall be carried out by the bid solicitor or the hired specialists.
7. Submitting the
bidding results for approval;
8. Announcing the bid
winner, negotiating the finalization of the contract;
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Article
23.-
Preliminary selection of bidders
1. The preliminary
selection of bidders must be carried out for bidding packages valued at VND300
billion or more in order to select bidders with full capability and
implementation experiences, meeting the requirements of the bidding dossiers.
2. The preliminary selection
of bidders shall be carried out through the following steps:
a) Compiling the
preliminary selection dossiers, including:
- The letter of
invitation to the preliminary selection;
- Instructions on the
preliminary selection;
- Evaluation
criteria;
- Enclosed
appendices.
b) Announcement on
preliminary selection invitation;
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d) Evaluating the
preliminary selection application dossiers;
e) Submitting for
approval the preliminary selection results;
f) Notification on
the preliminary, selection results.
Article
24.-
Bidding dossiers
The bidding dossiers
shall include:
1. The letter of bid
invitation;
2 The bid form;
3. Instructions to
bidders;
4. Preferential terms
(if any);
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6. Requirements on
technology, supplies, equipment, goods, their technical properties and origins;
7. The price index;
8. Evaluation
criteria (including methods and mode of converting to the same level for
determination of the evaluation price);
9. The general
conditions and special conditions of the contract;
10. Bid security
form;
11. Contract
agreement form;
12. Contract
performance security form.
Article
25.-
Bid invitation letter or notice
The bid invitation
letter or notice shall include the following details:
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2. The project
outline, location and time of goods delivery;
3. Instructions on
the inquiry into the bidding dossiers.
4. Conditions for
participation in the bidding.
5. The time and place
of receiving the bidding dossiers.
Article
26. -
Instructions to bidders
The instructions to
bidders shall include the following major contents:
1. Brief description
of the project;
2. The source of
funds for project implementation;
3. Requirements on
qualifications, experiences and legal status of the bidders, evidences and
information relating to the bidders within a reasonable period of time before
participation in the bidding;
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Article
27. -
Bids
The content of a bid
for goods supply shall include:
1. Contents on
administrative and legal matters:
a) The valid
application for bidding participation (with the signature of the competent
person);
b) The copy of the
business registration certificate. For the procurement of complex equipment
prescribed in the bidding dossiers, in addition to the copy of the business
registration paper, the copy of the permit for sale of goods under the
producer's license is also required;
c) Documents on the
qualifications and experiences of the bidders, including subcontractors (if
any);
d) The bid security.
2. The technical
contents:
a) The technical
properties of goods;
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c) The goods�s origin and
certificates of the producer;
d) Organizing the
construction and installation, training and technology transfer;
e) The contract
performance tempo.
3. The commercial and
financial contents:
a) The bid price
enclosed with the explanation and detailed price index;
b) Conditions for
goods delivery;
c) Financial
conditions (if any);
d) Payment
conditions.
Article
28.-
Bid security
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2. The bid security
value represents from 1% to 3% of the bid price. The bid solicitor may fix the
uniform bid security level in order to keep secret the bid prices for bidders.
The bid solicitor defines the bid security form and conditions. The bid
security shall be returned to the unsuccessful bidders within 30 days after the
announcement of the bidding results.
3. Bidders may not
take back their bid security in the following cases:
a) They win the bids
but refuse to perform the contracts;
b) They withdraw
their bids after the closure of bidding;
c) They violate the
Regulation on Bidding defined in Article 60 of this Regulation.
4. The bid security
shall apply only to forms of unrestricted and restricted biddings.
5. After depositing
their contract performance security, the bid winners shall have their bid
security returned.
Article
29.-
Bid evaluation criteria
The evaluation of
bids shall be carried out according to the criteria on the following contents:
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a) The production and
business capabilities, their material and technical foundations, the
qualifications of their professional personnel.
b) The financial
capabilities (turnovers, profits and other norms);
c) Experiences in the
performance of similar contracts in Vietnam and foreign countries.
2. The technical
contents:
a) The capabilities
to satisfy the requirements on quantity, quality and technical properties of
goods stated in the bidding dossiers;
b) The economic and
technical characteristics and code of the goods, the place of production, the
production level and other contents;
c) The rationality
and economic efficiency of the technical solutions, measures to organize the
goods supply;
d) The capability for
equipment installation and qualifications of technical personnel;
e) The capability for
geographical adaptability;
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3. Finance and price:
The capability for financial supply (if so requested), commercial and financial
conditions, evaluation price.
4. Other criteria:
The contract performance duration, technology transfer, training and other
contents.
Article
30. -
Bid evaluation
The bid evaluation
shall be carried out in the following order:
1. Preliminary
evaluation:
The preliminary
evaluation is aimed to do away with unqualified bids and carried out as
follows:
a) Checking the
validity of the bids;
b) Examining the bids
to see if they meet the basic requirements stated in the bidding dossiers;
c) Clarifying bids
(if necessary).
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The detailed
evaluation of bids shall be carried out by method of evaluation price,
including two steps:
a) Step 1 :
Evaluation of the technical aspects to select the short list:
Such evaluation is
conducted on the basis of evaluation requirements and criteria prescribed in
the bidding dossiers and the detailed evaluation criteria must not contradict
the evaluation criteria prescribed in the bidding dossiers, already approved by
the competent person or the competent level before the bid opening. Those
bidders who score at least 70% of the total technical points shall be included
in the short list.
b) Step 2: Evaluation
of the commercial and financial aspects:
The financial and
commercial evaluation of bids submitted by bidders in the short list shall be
made on the same plane according to the approved evaluation criteria.
The financial and
commercial evaluation is aimed to determine the evaluation price, including the
following contents:
- Mistake correction;
- Adjustment of discrepancies;
- Conversion of the
bid price to the single currency;
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- Determination of
the evaluation prices of bids.
3. Rating bids
according to the evaluation prices and proposing to the bid winners the corresponding
bid winning price.
Article
31.-
Bidding results
1. Those bidders who
have regular bids, basically meet the requirements of the bidding dossier,
offer the lowest evaluation price and have the proposed bid winning price not
exceeding the approved bidding package price shall be considered for bid
winning.
2. The bidding
results must be approved by the competent persons or the competent levels.
3. The bid solicitor
shall invite the bid winner for negotiation on the finalization of the
contract. In case of a failure, the bid solicitor shall invite the next-rated
bidder for negotiation, but with the approval of the competent person or the
competent level.
Article
32.-
Contract performance security
1. The bid winner
shall have to deposit the contract performance security to the bid solicitor in
order to secure his/her/its liability to perform the signed contract.
2. The contract
performance security value shall not exceed 10% of the contract value,
depending on the type and scale of the contract. In special cases where the
higher contract performance security level is required, it must be approved by
the competent person or the competent level. The contract performance security
shall be effective until the performance of the warranty or maintenance obligations.
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a) The payment
time-limit: The bid winner shall have to deposit the contract performance
security before signing the contract;
b) The forms of
security in cash, checks, bank guaranty or the like;
c) The effective
time-limit of the security;
d) The security
currency.
4. The contract
performance security must apply to all forms of selecting bidders as prescribed
in Article 4 of this Regulation, except for the form of self-performance.
Chapter
IV
BIDDING FOR CONSTRUCTION AND
INSTALLATION
Article
33.-
Order of organizing the bidding
The bidding for
construction and installation shall be organized in the following order:
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2. Compiling the
bidding dossiers;
3. Distributing bid
invitation letters or notices;
4. Receiving and
managing bids;
5. Opening bids;
6. Bid evaluation and
rating;
The bidding work
prescribed in Clauses 1, 2, 3, 4, 5 and 6 of this Article shall be carried out
by the bid solicitor or the hired specialists.
7. Submitting the
bidding results for approval;
8. Announcing the bid
winner, negotiating the contract finalization;
9. Submitting for
approval the contract contents (according provisions in Point b, Clause 1,
Article 6 of this Regulation) and signing the contract.
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1. The preliminary
selection of bidders must be applied to bidding packages valued at VND200
billion or more in order to select bidders with full capabilities and
implementation experiences, meeting the requirements stated in the bidding
dossiers.
2. The preliminary
selection of bidders shall be carried out through the following steps:
a) Compiling the
preliminary selection dossiers, including:
- The letter of invitation
to the preliminary selection;
- The preliminary
selection instructions;
- The evaluation
criteria;
- The enclosed
appendices.
b) Announcement of
the preliminary selection invitation;
c) Receiving and
managing dossiers of preliminary selection participation;
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e) Submitting the
preliminary selection results for approval;
f) Announcing the
preliminary selection results.
Article
35.-
Bidding dossiers
The bidding dossiers
shall include:
1. The letter of bid
invitation;
2. The bid form;
3. Instructions to
bidders;
4. Preferential terms
(if any);
5. Various kinds of
tax as prescribed by law;
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7. Construction
tempo;
8. Evaluation
criteria (including methods and measures of conversion to the same plane for
determination of evaluation price);
9. General terms and
specific terms of the contract;
10. Bid security
form;
11. Contract form;
12. Contract
performance security form.
Article
36.-
Bid invitation letters or notices
A bid invitation
letter or notice shall contain the following details:
1. The name and
address of the bid solicitor;
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3. Instructions on
inquiry into the bidding dossiers;
4. Conditions for
participation in the bidding;
5. Time and place for
receiving the bidding dossiers.
Article
37.-
Instructions to bidders
The instructions to
bidders shall include:
1. Brief project
description;
2. Source of funds
for project implementation;
3. Applicable
technical standards;
4. Requirements on
capabilities, experiences and legal status of bidders, evidences and
information related to bidders within a reasonable period of time before their
participation in the bidding;
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Article
38.
- Bids
A construction and
installation bid shall contain the following details:
1. Administrative and
legal contents:
a) The valid
application for bidding participation (with signature of the competent person);
b) The copy of the
business registration paper;
c) Recommendatory
documents evidencing the capabilities and experiences of the bidder, including
the subcontractor (if any);
d) Written documents
agreeing on the partnership (in case of partnership in bidding participation).
e) Bid security.
2. Technical
contents:
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b) Contract
performance tempo;
c) Technical properties,
sources of materials and construction materials supply;
d) Quality control
measures.
3. The commercial and
financial contents:
a) The bid price
enclosed with explanation and detailed price index;
b) The financial
conditions (if any);
c) The payment conditions.
Article
39.
- Bid security
The construction and
installation bid security shall comply with the goods procurement bid security
prescribed in Article 28 of this Regulation.
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The bid evaluation
shall be carried out according to criteria on the following contents:
1. Technical matters
and quality:
a) The bids'
compatibility with the technical, equipment quality requirements stated in the
bidding dossiers;
b) The rationality
and feasibility of technical solutions as well as construction measures and
organization;
c) Meeting
requirements on environmental hygiene and others such as fire prevention, labor
safety;
d) The capability to
satisfy demand for construction equipment (their quantity, types, quality and
mobilization tempo).
e) Quality control
measures.
2. The bidders'
capabilities and experiences:
a) The experiences in
implementation of projects with similar technical requirements in similar
geographical areas and locations.
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c) The financial
capability (turnovers, profits and other norms)
3. Finance and price:
the capability to make
financial supply
(when so requested), commercial and financial conditions, evaluation price.
4. Construction
tempo:
a) The level of
ensuring the general tempo stipulated in the bidding dossiers;
b) The rationality on
the completion tempo among relevant project items.
Article
41.-
Evaluation of bids
The evaluation of bids
shall be carried out in the following order:
1. The preliminary
evaluation: aims to do away with unqualified bids, including:
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b) Examining the
bids' basic compatibility with the requirements stated in the bidding dossiers;
c) Clarifying bids
(if necessary).
2. Detailed
evaluation: The detailed evaluation of bids shall comply with the following
two-step evaluation method:
a) Step 1: Making the
technical evaluation so as to make the short list:
The technical
evaluation is carried out on the basis of the evaluation requirements and
criteria prescribed in the bidding dossiers and the detailed evaluation
criteria approved by the competent person of the competent level before the
bids opening. Those bidders who score at least 70% or more of the total
technical points shall the included in the short list.
b) Step 2: The
financial and commercial evaluation:
The financial and
commercial evaluation of bidders on the short list is carried out on the same
plane according to the approved evaluation criteria.
The financial and
commercial evaluation to determine the evaluation price shall include the
following contents:
- Mistake correction;
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- Conversion of bid
prices to the single currency;
- Putting them on the
same plane for comparison;
- Determining the
evaluation prices of bids.
3. Rating bids
according to the evaluation prices and proposing to the bid winner the
corresponding bid winning price.
Article
42.-
Bidding results
1. Those bidders who
have the valid bids, basically meet the requirements of the bidding dossiers,
have the lowest evaluation price and have the proposed bid winning price not
exceeding the bidding package prices or the approved cost estimates, total cost
estimates (if the approved estimate, total cost estimate is lower than the
approved bidding package price) shall be considered for bid winning.
2. The bidding
results must be approved by the competent persons or the competent levels.
3. The bid solicitor
shall invite the bid winner for negotiation on the finalization of the
contract. In case of failure, the bid solicitor shall invite the next-rated
bidder for negotiation, but with the approval of the competent person or the
competent level.
Article
43.-
Contract performance security
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Chapter
V
BIDDING FOR SMALL-SCALE BIDDING
PACKAGES
Article
44.-
The principle for organizing the bidding
1. The principle of
organizing the bidding shall apply to bidding packages stipulated in Clause 12,
Article 3 of this Regulation on the basis of compliance with the objectives of
the bidding work prescribed in Article 1 and the specific provisions in Article
45 of this Regulation.
2. The bidding for
small-scale bidding packages shall be carried out under the following
principles:
a) Only enterprises
of various economic sectors (excluding enterprises being corporations or
corporation members) stationing in provinces or centrally-run cities shall be
allowed to participate therein. Where the number of local bidders able to
participate therein is smaller than 3, enterprises outside the locality must be
invited to participate therein. Where the bidding package contains complex
technical requirements, corporation or corporation members shall be
additionally invited to participate in the bidding;
b) Only the bidding
mode of one dossier bag shall apply to all bidding packages.
Article
45.-
Organization of bidding
1. The bidding order:
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b) Dispatching bid
invitation letters or notices;
c) Receiving bids,
opening bids and evaluating and rating bidders;
The tasks of
organizing the bidding prescribed in Points a, b and c of this Clause shall be
performed by the bid solicitor or the hired specialists;
d) Approving the
bidding results and signing contracts.
2. The bidding
dossiers
The bidding dossiers
prepared by the bid solicitor should be simple and clear but must contain all
requirements on the bidders, including the following details:
a) The bid invitation
letter and the form of application for participation in the bidding;
b) Requirements on
the bidding packages:
- Goods procurement:
Technical properties, technical instructions and implementation tempo.
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implementation tempo;
c) Evaluation
criteria (passed or failed) for technical aspects according to the contents
prescribed in Point b, Clause 2 of this Article;
d) Model form of bid
guaranty and contract performance security.
3. Bids:
Bids prepared by
bidders must ensure their truthfulness and feasibility, and include:
a) The application
for participation in bidding; the copy of the business registration paper; bid
security;
b) Technical
solutions and implementation tempo;
c) Bid price.
4. Bid evaluation:
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b) Evaluation shall
be made according to the criteria specified in the bidding dossiers so as to
determine bidders who satisfy the requirements stated in the bidding dossiers.
Those bidders who satisfy the requirements stated in the bidding dossiers, meet
the technical requirements and have the lowest bid prices (after the error
correction and discrepancy readjustment as required by the bidding dossiers)
shall be recommended as bid winners.
5. Bidding results:
a) The bidding
results must be approved by the competent person or the competent level;
b) The bid solicitor
shall invite the bid winner for finalization of the contract.
6. Bid security and
contract performance security:
The bid security
level of 1% of the bid price and the contract performance security level of 3%
of the contract value shall apply, based on the contents defined in Articles 28
and 32 of this Regulation.
Chapter
VI
BIDDING FOR SELECTION OF PARTNER TO
PERFORM THE CONTRACT
Article
46.-
Application principles
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1. The project is
being an idea;
2. The project has
its pre-feasibility or feasibility study report approved;
3. Requirements on a
number of jobs.
Article
47. -
The order of organizing bidding for selection of
partners to implement projects
Where there are 7 or
more partners interested in implementing a project, a preliminary selection
must be organized. The preliminary selection shall comply with the provisions
in Clause 2, Article 23 or Clause 2, Article 34, of this Regulation.
The order of
organizing bidding for selection partners to implement projects shall include
the following steps:
1. Compiling the
bidding dossier:
The bidding dossiers
shall be compiled on the basis of the project requirements regarding their
purposes, contents, scope of work and implementation tempo. A bidding dossier
shall include the following contents:
a) Bid invitation
letter;
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c) Instructions to
bidders;
d) Relevant
information;
e) Evaluation
criteria;
f) Enclosed
appendices.
2. Bid invitation:
The bid solicitor
shall select ways of notification suitable to the forms of bidder selection.
3. Bid reception and
management:
The bid solicitor
shall receive and manage bids according to the provisions of law.
4. Bid opening.
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The bid evaluation
shall be conducted by method of points giving. Those bidders who get 70% of the
total points or higher shall be rated for submission to the competent persons
for consideration and decision on the bid winner.
The bid evaluation
and rating shall be conducted through the two following steps:
a) Preliminary
evaluation: Bids are considered in term of their legality and compatibility
with the requirements stated in the bidding dossiers.
b) Detailed
evaluation and rating:
The detailed
evaluation of bids is effected on the basis of the evaluation criteria
specified in the bidding dossiers and the detailed evaluation criteria approved
by the competent person or the competent level before
the opening of bids
and in accordance with the following contents:
- Mistake correction;
- Detailed evaluation
of the following factors: techniques, commerce, finance, technology transfer
(if any);
- Rating of bidders.
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7. Announcing the bid
winner and negotiating the finalization of a contract:
Based on the bidding
results already approved, the bid solicitor shall invite the bid winner for
negotiation on the finalization of the contract.
8. Submitting the
contract contents for approval in and signing the contract.
Article
48.-
Bid security and contract performance security
Based on the nature
of the project, the application of bid security or contract performance
security shall be decided by the competent person in accordance with the
provisions at Article 28 and Article 32 of this Regulation.
Chapter
VII
THE STATE MANAGEMENT OVER BIDDING
Article
49.-
Bodies in charge of the State management over bidding
1. The Government
shall uniformly manage the bidding on the national scale.
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3. The ministers, the
heads of the ministerial-level agencies and the heads of the agencies attached
to the Government shall exercise the State management over the bidding within
their respective scope and responsibility, and at the same time appoint a
vice-minister or a deputy of corresponding level (for the ministerial-level
agencies and agencies attached to the Government) to personally direct the
bidding work.
4. The presidents of
the People's Committees of the provinces and centrally-run cities, the
presidents of the People�s
Committees of the
districts, provincial capitals and the presidents of the People�s Committees of wards,
communes, district townships shall exercise the State management over the
bidding with regard to bidding packages under their respective, management, and
at the same time appoint one of their deputies to personally direct the work of
bidding.
Article
50.-
The contents of the State management of the bidding
The contents of the
State management over the bidding shall include:
1. Compiling and
promulgating or submitting for promulgation the legal documents on bidding.
2. Guiding the
implementation thereof.
3. Organizing the
evaluation of the project's bidding plan and the appraisal of the bidding
results.
4. Ratifying the
project�s
bidding plan and the bidding results.
5. Organizing the
inspection of the work of bidding.
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7. Settling problems
and complaints about bidding.
Article
51.-
Responsibilities of the competent persons or the
competent level
1. To ratify the
basic contents of the bidding process:
a) The project�s bidding plan;
b) The list of
bidders in the restricted bidding;
c) The short list of
consultancy bidders;
d) Dossier of
invitation to preliminary selection, criteria for preliminary selection
evaluation and results of preliminary selection of bidders;
e) The bidding
dossier;
f) Criteria for
evaluation of bids;
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h) The bidding
results;
i) The contents of
the contract (the contract with foreign bidders or the contract with domestic
bidders with the bidding results approved by the Prime Minister).
2. To direct the bid
solicitor to negotiate, sign and organize the performance of the contract with
the bid winner.
3. To inspect the
observance of the Regulation on Bidding by the bid solicitor.
Article
52.-
Assignment of responsibility for bidding
The approval
responsibility in the course of bidding shall be effected according to the
following principles:
- The person
competent to approve the project shall have to approve the bidding plan of the
project and the results of bidding for packages of great value.
- Assigning the
responsibility to or authorizing the subordinate level to approve the results
of bidding for packages of small value.
- Evaluation bodies
and individuals participating in the evaluation shall bear responsibility for
their evaluation comments.
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1. The Prime Minister
shall approve or authorize the approval of:
a) Plans on bidding
for Group A projects and the like;
b) The results of
bidding for bidding packages under the norms specified in Table 1 at Article 53
of this Regulation;
c) The proposal on
appointed bidding, direct procurement, self-performance with regard to the
bidding packages prescribed in Clauses 3, 5 and 6, Article 4 of this
Regulation;
For Points a and b,
Clause 1 of this Article, the Prime Minister shall approve them, based on the
evaluation report of the Ministry of Planning and Investment and written
comments of competent bodies concerned. Particularly for Point c, Clause 1,
this Article, the Prime Minister shall approve them, based on the evaluation
report of the Ministry of Planning and Investment and the written comments of
the capital-supplying bodies as well as the competent bodies concerned.
d) Decisions on the
inspection and handling of violations of the Regulation on Bidding.
2. The Minister of
Planning and Investment shall have the responsibility to:
a) Evaluate for
submission to the Prime Minister for approval:
- Plans on bidding
for Group A projects and the like;
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- The proposals on
appointed biddings, direct procurement, self-performance with regard to bidding
packages prescribed in Clause 3, 5 and 6, Article 4 of this Regulation.
b) Evaluate the
results of bidding for other bidding packages at the request of the Prime
Minister;
c) Approve (for
projects under his/her licensing competence):
Plans on bidding for
the project and the results of bidding for packages belonging to projects
licensed for investment by the Ministry of Planning and Investment according to
the provisions in Point b, Clause 2, Article 2 of this Regulation.
3. The ministers, the
heads of the ministerial-level agencies and agencies attached to the
Government, the Managing Boards of the State Corporations set up by the Prime
Minister, and the presidents of the People's Committees of the provinces and
centrally-run cities shall have the responsibility to:
a) Report or make
written comments on the plans on bidding for projects of Group B and the like;
b) Submit for
approval the results of bidding for bidding packages as prescribed or make
written comments on the results of bidding for relevant packages under the
approval competence of the Prime Minister;
c) Approve the basic
contents of the bidding process:
- For bidding
packages under projects of Group A and the like: Points b, c, d, e, f, g of
Clause 1, Article 51 of this Regulation shall apply;
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d) Approve the
results of bidding for bidding packages under the norms specified in Table 1,
Article 53 of this Regulation;
e) Approve the
contract contents (as prescribed at Point b, Clause 1, Article 6 of this
Regulation);
f) Approve (for
projects under his/her licensing competence):
Plans on bidding for
project mid results of bidding for bidding packages under the projects licensed
for investment by him/-herself according to the provisions at Point b, Clause
2, Article 2 of this Regulation (based on the evaluation by the bodies
assisting the bidding).
4. The presidents of
the People's Committees of urban districts, provincial capitals, rural
districts, district capitals, communes and wards shall have the responsibility
to:
Approve the basic
contents of the bidding process specified in Article 51 of this Regulation with
regard to projects falling under their deciding competence, based on the
evaluation comments of the relevant sections assisting the bidding.
5. The Managing
Boards of the joint-venture enterprises and lawful representative s of the
business cooperation shall have the following responsibilities with regard to
projects prescribed at Point b, Clause 2, Article 2 of this Regulation:
a) To approve plans
on the project's bidding, based on the written approval of the
investment-licensing body;
b) To approve the
results of bidding for all bidding packages under the project, based on the
approval of the investment-licensing body;
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d) To decide the
appointed bidding, direct procurement, self-performance with regard to bidding
packages prescribed in Clauses 3, 5 and 6, Article 4 of this Regulation, based
on the approval of the investment-licensing body.
Article
53.- Division of responsibilities for approving and evaluating
the bidding results
Based on the approved
bidding package prices with regard to projects prescribed at Points a, c and e,
Clause 2, Article 2 of this Regulation, the evaluation and approval of the
bidding results shall comply with the Table 1 below:
Table 1: DIVISION OF RESPONSIBILITIES FOR APPROVAL AND
EVALUATION OF BIDDING RESULTS
Project Group
Approval level
Evaluation level
Bidding packages of Branch I (billion VND)
Bidding packages of Branch II (billion VND)
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Consultancy
Goods
procurement and construction installation
Consultancy
Goods
procurement and construction
Installation
Consultancy
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Prime
Minister
Ministry
of Planning and Investment
From 20
upward
From 100
upward
From 15
upward
From 75
upward
From 10
upward
From 50
upward
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Ministers,
heads of agencies attached to the Government, Managing Boards of Corporations
set up by the Prime Minister
The concerned
assisting units
All
bidding packages of under 20
All
bidding packages of under 100
All
bidd-ing packages of under 15
All
bidding packages of under 75
All
bidding packages of under
10
All
bidding packages of under 50
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Presidents
of the provinces and centrally-run cities
Provincial/municipal
Planning and Investment Services
Group B,
C and the like
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The
concerned assisting units
All
bidding packages of under the project
Presidents
of People�s
Committees of provinces and centrally-run cities
Provincial/
municipal Planning and Investment Services
Presidents
of People�s
Committees of districts, provincial capitals, district capitals, communes,
and wards
Concerned
assisting sections
Self
deciding on and responsible for all bidding packages under the projects,
which they have decided the investment in according to the provisions of law
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- Branch I includes:
power, petroleum, chemicals, machine tool, cement, metalurgical, mineral
exploiting and processing, and communications (bridges, seaports, airports,
railways, national highways) industries.
- Branch II includes:
light industry, water conservancy, communications (other than those in group
I), water supply and drainage, technical infrastructure projects, new urban
zones, materials production, electronics and informatics, post and
telecommunications.
- Branch III includes
the rest.
Article
54.-
Time-limit for evaluation of bids and appraisal of the
bidding results
1. The time-limit for
evaluation of bids, counted from the time of bids opening till the time of
submitting the bidding results to the competent persons or the competent level
for approval, shall not exceed 60 days for domestic bidding and 90 days for
international bidding. Where the two-phase bidding mode is applied, the
time-limit for bid evaluation shall be calculated from the time of opening bids
in the second phase.
2. The time-limit for
appraisal of the bidding results is stipulated as follows:a) For bidding
packages under the deciding competence of the Prime Minister: Not more than 30
days from the date of fully receiving the valid dossiers.
b) For other bidding
packages: Not more than 20 days from the date of fully receiving the valid
dossiers.
Article
55.-
Handling bidding circumstances
1. Where there is the
reason to adjust the bidding package price or contents, the bid solicitor shall
have to fill the procedures for adjusting the bidding plan according to the
current regulations before submitting the bidding results for approval.
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3. Where the offered
prices of all bids, after being corrected arithmetically and supplemented or
adjusted according to the requirements of the bidding dossier, exceed the
bidding package price in the approved bidding plan, the bid solicitor shall
have to report such to the competent person or the competent level that shall
consider to permit bidders with bids meeting the basic requirements of the
bidding dossiers to make new price offers and at the same time shall review the
bidding package price in the approved bidding plan and the contents of the
bidding dossiers (if necessary).
4. Where the price
proposed for contract signing exceeds the bid winning price, the bid solicitor
shall have to report such to the competent person (if the price proposed for
contract signing exceeds the bidding package price) or the competent level (if
the price proposed for contract signing is lower than the bidding package
price) for consideration and decision.
5. Bidding
cancellation shall apply to one of the following circumstances:
a) The objectives
mentioned in the bidding dossier has changed due to objective reasons;
b) All bids have
basically not met the requirements of the bidding dossier;
c) There is evidence
showing that bidders have been in connivance, thus creating the unhealthy
competition in bidding and affecting the interests of the bid solicitor.
Based on the decision
of the competent person or the competent level, the bid solicitor shall have to
notify all bidders of the cancellation of the bidding or reorganization of the
bidding.
6. Where there are
too bids with the equal best evaluation results (in terms of the number of
points or the evaluation price), the bidder that has the lower bid price after
it has been corrected arithmetically and supplemented or adjusted in accordance
with the requirements of the bidding dossiers (except for cases prescribed in
Clauses 5, 6 and 7 of Article 10 of this Regulation) shall be awarded the
winning.
7. The bid
elimination shall apply to one of the following cases where:
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b) The bid fails to
satisfy the basic technical, tempo, financial and commercial requirements;
c) The bidder refuses
to admit the arithmatic mistakes detected by the bid solicitor that requires
the correction thereof or the bid contains other arithmatic mistake exceeding
15% of the bid price;
d) The bid has the
discrepancy value exceeds 10% of the bid price.
Article
56.-
Keeping secret dossiers, documents and information
All agencies,
organizations and individuals participating in biddings and bid evaluation
shall have to keep secret the dossiers, documents and information according to
the following regulations:
1. Not to disclose
contents of the bidding dossiers to any subjects before the date of
distributing the bidding dossiers.
2. Not to disclose
contents of bids, inscriptions in notebooks, minutes of meeting to consider
bids, comments made by specialists or consultants on each bidder and other
documents with "secret", "confidential"' or "top
secret" seal.
3. Not to disclose
the bidding results before the bid solicitor makes the announcement thereof.
4. Not to make
contacts to exploit and/or trade in information on the evaluation of bids in
the process of bid consideration.
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Article
57. -
Bidding cost and fee
1. The bid solicitor
may sell the bidding dossiers at the price decided by the competent person or
the competent level; for domestic biddings, a set of bidding dossiers shall
cost not more than VND500,000; for international biddings, the international
practices shall apply; besides these, other fees and charges of any types must
not be collected from the bidders. The use of the collected amounts shall
comply with the provisions of law.
2. The costs of
organizing the bidding and bid evaluation incurred by the bid solicitor shall
be accounted into the general cost of the project, jointly prescribed by the
Ministry of Finance, the Ministry of Construction and the Ministry of Planning
and Investment.
3. The fee for
appraisal of the bidding results shall be accounted into the general cost of
the project and represent 0.01% of the total value of the bidding package, but
shall not exceed VND30 million. The Ministry of Finance shall have to guide in
detail the management and use of the bidding results appraisal fees.
Chapter
VIII
INSPECTION AND HANDLING OF VIOLATIONS
Article
58.-
Inspection of biddings
1. The Prime Minister
shall decide the inspection and handling of violations on bidding in case of
necessity.
2. The Ministry of
Planning and Investment shall assume the prime responsibility together with the
relevant ministries, branches and localities in inspecting the implementation
of bidding throughout the country.
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Article
59. -
Contents and powers of the bodies in charge of the
inspection of the bidding
1. The inspection of
the bidding implementation shall be conducted as follows:
a) The regular
inspections according to plans and irregular inspections in the bidding
process;
b) Inspection of
problems and complaints of organizations or individuals.
2. In the course of
inspection, the inspection bodies shall have the following rights:
a) To request
relevant organizations and individuals to fully supply documents and answer
relevant matters;
b) To investigate,
gather evidence and documents relating to inspection contents and objects and
make reports thereon so that the competent person or the competent level can
consider and decide the case;
c) To propose the
competent person to handle violations on bidding according to the provisions in
Article 60 of this Regulation.
Article
60.-
Dealing with violations
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2. Bidders who
violate the Regulation on Bidding may, depending on the seriousness of the
violations, be eliminated from the list of bidders, shall not be entitled to
take back their bid security money and shall not be allowed to participate in
any bidding for the period of from 1 to 3 years or shall be dealt with by law.
3. Those who abuse
their positions and powers and violate the Regulation on Bidding such as
disclosing secrets of dossiers, documents and information, connivance, bribery,
fraudulence and other acts of violation shall, depending on the seriousness of
the violations, be administratively disciplined or examined for penal liability
according to the provisions of law.
4. Those who violate
the Regulation on Bidding and cause damage shall have to compensate therefor
according to the provisions of law.
Chapter
IX
IMPLEMENTATION PROVISIONS
Article
61.-
Organization of implementation
1. The Ministry of
Planning and Investment shall assume the prime responsibility and coordinate
with the Ministry of Finance, the Ministry of Trade, the Ministry of
Construction, other ministries and branches as well as localities in guiding
the implementation of this Regulation.
2. The Ministry of
Finance shall assume the prime responsibility and coordinate with the relevant
ministries and branches in guiding the implementation of bidding for the
procurement of appliances, supplies, equipment and working facilities for State
bodies, armed forces units, mass organizations and State enterprises using the
State budget sources.
3. The Ministry of
Labor, War Invalids and Social Affairs shall assume the prime responsibility
and coordinate with the Ministry of Finance, the Ministry of Construction and
other relevant ministries and branches in guiding the contents of the domestic
consultancy costs, the wages of domestic specialists working under contracts
with foreign bidders who win bids in Vietnam.
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5. The Ministry of
Construction shall assume the prime responsibility and coordinate with relevant
ministries and branches in defining preferences for domestic bidders.
6. The ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government and the presidents of the People's Committees of the provinces
and centrally-run cities shall have to implement this Regulation and at the
same time in December every year report on the results of implementation of the
work of bidding during the year to the Ministry of Planning and Investment for
sum-up and submission to the Prime Minister.
7. Any problems
arising outside the contents prescribed in the Regulation on Bidding shall be
reported by agencies and units to the competent persons or the competent levels
for consideration and decisions.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
(This translation is
for reference only)