|
GOVERNMENT
OFFICE OF VIETNAM
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No. 05/VBHN-VPQH
|
Hanoi, January
25, 2022
|
LAW
ON PROCUREMENT
Law on Procurement No.
43/2013/QH13 dated November 26, 2013 of the National Assembly, which comes into
force from July 01, 2014, is amended by:
1. Law No. 03/2016/QH14 dated
November 22, 2016 of the National Assembly amending Article 6 and Appendix 4 on
the List of conditional business lines of the Law on Procurement, which comes
into force from January 01, 2017; Pursuant to the Law on Investment dated
November 26, 2014; the Law on amendments to Article 6 and List of Conditional
Investments in Appendix 4 of Law on Investment dated November 26, 2016;
2. Law on Provision of
Assistance for Small and Medium-sized enterprises dated June 12, 2017 of the
National Assembly, which comes into force from January 01, 2018;
3. Law on Architecture No.
40/2019/QH14 dated June 13, 2019 of the National Assembly, which comes into
force from July 01, 2020;
4. Law on Public - Private
Partnership Investment No. 64/2020/QH14 dated June 18, 2020 of the National
Assembly, which comes into force from January 01, 2021;
5. Law No. 03/2022/QH15 dated
January 11, 2022 of the National Assembly amending certain Articles of the Law
on Public Investment, the Law Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Procurement, the Law on Electricity,
the Law on Enterprises, the Law on Excise Duties and the Law on Civil Judgment Enforcement,
which comes into force from March 01, 2022.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The National Assembly
promulgates the Law on Procurement.[1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for state management of
procurement; responsibilities of concerned parties and procurement activities,
including:
1. Selection of providers of consulting services,
non-consulting services, goods, works for:
a) Projects on development investment financed by
state of regulatory agencies, political organizations, socio-political
organizations, professional-socio-political organizations, socio-professional
organizations, social organizations, units of the People’s armed forces, and
public service providers;
b) Projects on development investment of
state-owned enterprises (SOEs);
c) Projects on development investment other than
cases defined at point a and point b of this Clause which are financed by state
and state-owned enterprises with a level equal to 30% or more or less than 30%
but more than VND 500 billion in the total investment of project.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Procurement financed by state aiming to supply
products and services to serve public purposes;
e) Purchase of national reserve goods financed by
state;
g) Purchase of drugs, medical supplies financed
state; medical insurance fund, revenues from services of medical examination
and treatment and other lawful revenues of public health facilities;
2. Selection of providers of consulting services,
non-consulting services, goods on Vietnam’s territory for implementation of
foreign direct investment (FDI) projects of Vietnamese enterprises which are
financed by state with a level equal to 30% or more or less than 30% but more
than VND 500 billion in the total investment of project.
3.[2] Selection of investors to perform investment
projects with land use;
4. Selection of contractors in the petroleum field,
except for selection of contractors to supply petroleum services related
directly to hydrocarbon exploration, oil and gas field development and
petroleum extraction as prescribed by law on petroleum.
Article 2. Regulated entities
1. This Law is applicable to organizations and
individuals that partake in or are related to procurement activities defined in
Article 1 of this Law.
2. Organizations and individuals that have
procurement activities beyond the governing scope of this Law may choose to
apply this Law. In case of choosing to apply, organizations and individuals
must observe the concerned provisions of this Law and ensure fairness,
transparency and economic efficiency.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Procurement activities must comply with the provisions
of this Law and other related laws.
2.[3] In case where it is necessary to select
contractors to provide input materials, fuels, substances, supplies, consulting
services or non-consulting services to ensure the continuity of production,
business and procurement activities to maintain the regular operation of
state-owned enterprises, such enterprises must adopt regulations on contractor
selection to be uniformly applied internally on the basis of ensuring fairness,
transparency and economic efficiency.
3. For selection of contractors/investors for
projects financed by official development assistance (ODA) capital and
concessional loans arising from international treaties, international
agreements between Vietnam and donors, international treaties, international
agreements shall be applied.
4. If international treaties to which the Socialist
Republic of Vietnam is a signatory have provisions on selection of contractors
and investors different from this Law, such international treaties shall
prevail.
Article 4. Definitions
For the purposes of this Law, the terms below shall
be construed as follows:
1. “Bid security” means a bidder or investor
provides security by one of the security methods of paying a deposit, escrow
fund or providing a letter of guarantee (LG) of a credit institution or a
foreign bank branch which is established under Vietnamese law in order to
secure the liability for bid participation of the bidder or investor for a
definite term as stipulated in the bidding document and request for proposals.
2. “Performance security” means a bidder or
investor provides security by one of the security methods of paying a deposit,
escrow fund or providing a letter of guarantee (LG) of a credit institution or
a foreign bank branch which is established under Vietnamese law in order to
secure the liability for contract performance of the bidder or investor.
3. “Procuring Entity” means a professional
agency or organization with sufficient capability to perform bidding
activities, including:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Budget estimate unit directly using capital
source for recurrent procurement;
c) The centralized procurement unit;
d) Competent regulatory agencies or the affiliated
organizations which are selected by the competent regulatory agencies.
4. “Investor” means the owner of the
financing capital or the entity assigned responsibility to represent such
owner, or the borrower directly managing and implementing project.
5. “Digital certificate” means an electronic
certificate granted by a provider of digital signature service (DSS) in order
to perform online bidding on the National E-procurement System.
6. “Competent regulatory agencies” mean
agencies signing contracts with investors.
7. “Short list” means list of
bidders/investors winning prequalification for open bidding with
prequalification; list of bidders invited for bid participation for limited
bidding; list of bidders with EOI responses meeting requirements of EOI
requests.
8. “Consulting service” means one or a
number of activities including: preparation, assessment of the planning report,
collective development diagram, architecture; survey and making of
pre-feasibility study report, feasibility study report, environmental impact
assessment report; survey and making of engineering, estimate; preparation of
EOI requests, prequalification document, bidding document, request for
proposals; assessment of EOI responses, prequalification application, bid,
proposal; verification, appraisal; supervision; project management; financing
arrangement; audit, training, transfer of technologies; other consulting
services.
9. “Non-consulting service” means one or a
number of activities including: logistics, insurance, advertisement,
installation not belong to Clause 45 of this Article, test run and
commissioning, organization of training, maintenance, map drawing and other
activities not being consulting services defined in Clause 8 of this Article.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
11. “Development investment projects” (hereinafter
collectively referred to as projects) include: programs or projects on
investment in new construction; projects on renovation, upgrading, expansion of
projects invested in construction; projects on procurement of assets, including
equipment, machinery without installation; projects on repair, upgrading of
assets, equipment; projects, schemes on planning; projects, subjects on
scientific research, technology development, application of technologies,
technical support, basic survey; other programs, projects, or schemes on
development investment.
12.[5] “Procurement” means the process of
selecting a bidder to sign and execute a contract of provision of consulting
services, non-consulting services, procurement of goods, works; selecting an
investor to sign and execute a contract of investment project with land use on
the basis of ensuring competitiveness, fairness, transparency and economic
efficiency.
13. “Online procurement” means the bidding
which is made via use of the National E-procurement System.
14. “International bidding” means the
bidding in which both foreign and domestic bidders and investors may
participate.
15. “Domestic bidding” means the bidding in
which only domestic bidders and investors may participate.
16. “Package price” means the value of a
package approved in the plan on contractor selection.
17. “Bid price” means the price stated by a
bidder in the bid form and quotation, including all costs for performance of
package as required by the bidding document and request for proposals.
18. “Evaluated bid price” means a bid price
after correction of errors and calibration of deviation as required in the
bidding document, less the value of discount (if any), plus elements to convert
on a same ground for whole use life cycle of goods and works. Evaluated bid
price is used to rank bids for packages of procurement of goods, works and the
mixed packages applying the form of open bidding or limited bidding.
19. “Proposed successful bid” means a bid
price of a bidder who is proposed to win bid after the errors have been
rectified and discrepancies have been calibrated as required by the bidding
document and request for proposals, minus the bid decrement (if any).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
21. “Contract Price” means the price stated
in the written contract as the basis for advance payment, payment, contract
liquidation and finalization.
22. “Package” means a part of, or entire
project, estimate of procurement; a package may comprise items for the
procurement of similar goods for a number of projects or a one-off procurement,
procurement for a period in recurrent procurement, centralized procurement of
goods.
23. “Mixed package” means a package
comprising of engineering and goods provision (EP); engineering, works (EC);
goods provision and works (PC); engineering, goods provision, works (EPC);
project planning, engineering, goods provision, works (turnkey).
24. “Package with small scale” means a
package with a price in limitation prescribed by the Government.
25. “Goods” include machinery, equipment,
raw materials, fuel, materials, supplies, accessories; consumables; drugs,
medical supplies used for health facilities.
26. “National E-procurement System” means an
information technology system which is set up and managed by the state
management agency of bidding activities with the aim to perform unified
management of information on bidding and online bidding.
27. “EOI requests, Prequalification Documents” mean
all documents including requirements on qualifications and experience of
bidders/investors as the basis for the procuring entity to select list of
bidders/investors winning prequalification, list of bidders with EOI responses
meeting requirements of EOI requests.
28. “EOI responses, applications” mean all
documents which are made by bidders/investors and submitted to the procuring
entity at the requirements of EOI requests, prequalification documents.
29. “Bid documents” mean all of the
documents used for open or limited bidding stipulating the requirements for a
project, package and providing the legal basis for bidders/investors to prepare
their bids and for the procuring entity to assess bids aimed at selection of a
winning bidder/investor.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
31. “Bids, proposals” mean all documents
which are made by bidders/investors and submitted to the procuring entity at
the requirements of the bidding documents, requests for proposals.
32. “Contract” means a document signed
between the investor and the selected bidder in performance of package under
project; between the procuring entity and the selected bidder in recurrent
procurement; between the centralized-procurement units or the unit with
procurement need with the selected bidder in the centralized procurement;
between the competent regulatory agency with the selected investor or between
the competent regulatory agency and the selected investor and project
enterprise in the investor selection.
33. “Protest” means a request from any
bidder/investor participating in bidding for reconsideration of the results of
contractor selection, results of investor selection and other relevant matters
during the process or contractor and investor selection, when such bidder or
investor considers his/her rights and interests have been adversely affected.
34. “Competent person” means a person who
decides on the project approval or a person who decides on procurement as
prescribed by law. In case of investor selection, the competent person means
the head of the competent regulatory agency as prescribed by law.
35. “Prime contractor” means a bidder liable
for his/her participation in bidding who gives his/her name to a bid, and who
directly signs in and executes a contract if selected. Prime contractor may be
an individual contractor or JV’s party.
36. “Subcontractor” means a contractor
performing part of a package on the basis of a contract signed with the prime
contractor. The special subcontractor means a subcontractor performing
essential works of a package proposed by the prime contractor in his/her bid
and proposal on the basis of requirements stated in the bidding document and
request for proposals.
37. “Foreign Contractor” means an
organization established under foreign law or an individual of foreign nationality
making a bid in Vietnam.
38. “Domestic Contractor” means an
organization established under Vietnamese law or an individual of Vietnamese
nationality making a bid.
39. “Public goods and services” mean the
essential products and services for economic-social life of country, population
communities or assurance of national defense and security which the State must
organize implementation in the fields: health, education - training, culture,
information, communications, science - technology, natural resources -
environment, transport and other fields as prescribed by the Government. Public
goods and services include public utilities, and public services.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
41. “Deadline for submission of bids” means
the expiry time of receiving EOI responses, applications, bids, proposals.
42. “Validity period of bids, proposals” means
a number of days stipulated in the bidding document, request for proposals and
calculated from the deadline for submission of bids to the effective date of
termination as prescribed in bidding documents, requests for proposals. From
the deadline for submission of bids until ending of 24 hours of the day of
deadline for submisison of bids is calculated as 01 day.
43. “Expert group” includes individuals with
qualifications set up by the procuring entity or the bid consultancy unit in
order to evaluate EOI responses, applications for prequalification, bids,
proposals and perform other tasks during the contractor/investor selection
process.
44. “State capital” includes state budget
funds; Governmental bonds, municipal bonds; ODA capital, concessional loans
from donors; capital from funds for development of public services; State
development investment credit; government-guaranteed loans; State asset-based
loans; development investment capital of State-owned enterprises, and value of
land-use right.
45. “Works” include construction and
installation of works and work items.
Article 5. Eligibility of
bidders/investors
1. A bidder or investor being an organization shall
be deemed to be eligible when it satisfies the following conditions:
a) Having registration for establishment and
operation issued by the competent authority of country where it is operating;
b) Keeping independent accounting records;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Having registered on National E-procurement
System;
dd) Ensuring the competitiveness in bidding as
prescribed in Article 6 hereof;
e) Not being banned from bidding;
g) Its name is stated in short list for case where
the short list has been selected;
h) Being in a joint venture with domestic
contractors or employment of domestic subcontractors in case of a foreign
contractor making an international bidding in Vietnam, unless the domestic
contractor cannot acquire the competencies necessary to perform any portion of
the package.
2. A bidder or investor being an individual shall
be deemed to be eligible when it satisfies the following conditions:
a) Having full legal capacity as per the law of the
country of which such individual is a citizen;
b) Having an appropriate professional certificate
as prescribed by law;
c) Having lawful registration for operation as
prescribed by law;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Not being banned from bidding.
3. Bidders and investors with eligibility as
prescribed in Clause 1 and Clause 2 of this Article may make a bid as an
independent bidder/investor or in a joint venture; in case of joint venture, it
must have written agreement among members, in which clearly stating
responsibilities of the leading JV's Party and general responsibilities,
particular responsibilities of each JV’s Party.
Article 6. Ensuring
competitiveness in bidding
1. Bidders submitting EOI responses, Applications
must be legally and financially independent with bidding consultants for making
EOI requests, Prequalification Documents; assessment of EOI responses,
Applications; appraisal for results of invitation for interest, results of
prequalification.
2. Participating bidders must be legally and
financially independent with the following parties:
a) Investor, Procuring Entity;
b) The bidding consultants who make, verify, and
appraise dossiers of design and estimate; make and verify bidding documents,
Request for Proposals; evaluate Bids, Proposals; appraise results of the
selection of contractor for such package;
c) Other bidders that participate in same package
for limited bidding.
3. A bidding consultant who supervises execution of
a contract must be legally and financially independent from the bidder who
performs the contract, the bidding consultant who verifies such package.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[6] Participating investors must be legally and
financially independent of the parties hereunder:
a) Bidding consultants in investment projects using
land until the date of conclusion of project contracts;
b) Competent regulatory agencies, procuring entity.
5. The Government of Vietnam shall issue detailed
regulations on this Article.
Article 7. Conditions for issuing the bidding
documents, requests for proposals
1. The bidding documents, requests for proposals of
a package may be only issued to select contractors when the following
conditions are fully met:
a) The plan on selection of contractors is
approved;
b) The bidding documents and requests for proposals
which include contents of requirements on procedures for bidding, bid data
sheet; evaluation standards, forms of bidding, bill of quantities; requirements
on progress, techniques, quality; general conditions, particular conditions of
contracts, model contracts and other necessary contents;
c) Invitation to bid or short list must be
published as prescribed by this Law;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Content, list of goods, services and estimates
have already been approved by competent person in case of recurrent procurement
and centralized procurement;
e) Handing over of construction ground must be
ensured under progress of the package.
2. Bidding Documents, Request for Proposals of a project
may be only issued to select investors when the following conditions are fully
met:
a) Project under list of projects announced by
ministries, ministerial agencies, Governmental agencies, the People’s
Committees of provinces or central-affiliated cities as prescribed by law or
projects proposed by investors;
b) The plan on selection of investors is approved;
c) Bidding documents, request for proposals are
approved;
d) Invitation to bid or short list must be
published as prescribed by this Law.
Article 8. Information on
bidding
1. All information must be published on the
National E-procurement System or/and Bidding Newspapers, including:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Invitation for expression of interest,
invitation for prequalification application;
c) Invitation to bid;
d) Short list;
dd) Results of selection of contractors/investors;
e) Results of bid opening for online bidding;
g) Information on handling of violations against
law on procurement;
h) Legislative documents on bidding;
i) [7] List of investment projects with land use;
k) The database of contractors/investors, bidding
experts, lecturers of bidding, and bidding education and training institutions;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. The information defined at Clause 1 this Article
is encouraged to be published on websites of Ministries, central and local
authorities or on other means of mass media.
3. The Government of Vietnam shall issue detailed
regulations on this Article.
Article 9. Bidding languages
Language to be used in bidding shall be Vietnamese
in the case of domestic bidding, and English or Vietnamese and English in the
case of international bidding.
Article 10. Currencies of bid
1. For domestic bidding, bidders are only allowed
to quote a bid in Vietnam dong.
2. For international bidding:
a) Bidding documents, requests for proposals must
state the currencies of bid in bids, proposals but not exceeding three
currencies; for a specific work item, only one currency is quoted ;
b) In case where bidding documents, requests for
proposals stipulate that bidders may provide a bid quotation in two or three
currencies, it must be converted into a single currency upon evaluating bids
and proposals; if a Vietnam dong is included in such currencies, all such
currencies must be converted into Vietnam dong. Bidding Documents, Request for
Proposals must stipulate convertible currencies, time and bases to determine
the exchange rates;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) For overseas costs for performing the package,
bidders may provide a bid quotation in foreign currency.
Article 11. Bid security
1. Bid security shall apply in the following cases:
a) Open bidding, limited bidding, and shopping
method for procurement of non-consulting services, goods, civil works, and
mixed packages;
b) Open bidding and direct contracting for
selection of investors.
2. Bidders and investors must conduct measures for
bid security before the deadline for submission of bids for bids and proposals;
In case of applying the method of two-stage bidding, bidders must provide a bid
security during stage two.
3. Value of bid security is stipulated as follows:
a) For selection of contractors, the value of bid
security is stipulated in bidding documents, requests for proposals under a
defined amount of between 1% and 3% of package price basing on the scale and
nature of each particular package;
b) For selection of investors, the value of bid
security stipulated in bidding documents, requests for proposals is determined
as a defined amount of between 0.5% and 1.5% of total investment basing on the
scale and nature of each particular project.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. In case the validity period of bids/proposals is
extended after the deadline for submission of bids, the procuring entity must
require bidders/investors to extend the validity period of their bid security
for an equivalent term. In this case, bidders/investors must extend the
validity period of their bid security and not be permitted to change the
contents of their submitted bids, proposals. If any bidder or investor refuses
to extend the validity period, his/her bid, proposal will be no valid longer
and be rejected, the procuring entity shall return or release the bid security
to the bidder/investor within 20 days, since the procuring entity receives a
written refusal for extension.
6. If a joint venture makes a bid, every JV's party
may perform separate bid security or make an agreement in which one member will
be responsible for implementation of bid security for such party or another
JV's Party. Total value of bid security is not lower than the value required in
bidding documents, Request for proposals. If any JV's party violates Clause 8
of this Article, bid security of all JV's parties will not be returned.
7. The procuring entity shall return or release bid
security to bidders or investors who are not selected according to the period
specified in bidding documents, requests for proposals which must not exceed 20
days from the day on which the result of selection of contractors/investors is
approved. For the selected bidders/investors, their bid security will be
returned or released after they provide a performance security as prescribed in
Article 66 and Article 72 of this Law.
8. Bid security shall not be returned in the
following cases:
a) The bidder or investor withdraws his/her bid,
proposal after the deadline for submission of bids and in the validity period
of his/her bid, proposal;
b) The bidder or investor violates law on
procurement which leads to a cancellation of bidding as prescribed at Clause 4
Article 17 of this Law;
c) The bidder or investor fails to provide the
performance security as prescribed at Article 66 and Article 72 of this Law;
d) The bidder fails or refuses to negotiate and
finalize the contract, within a period of twenty (20) days from the day of
receipt of notification of award from the procuring entity or has negotiated
and finalized the contract but refuses to sign the contract except for force
majeure cases;
dd) The investor fails or refuses to negotiate and
finalize the contract, within a period of thirty (30) days from the date of
receipt of notification of award from the procuring entity or has negotiated
and finalized the contract but refuses to sign the contract except for force
majeure cases.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Periods applicable during selection of
contractors:
a) The maximum period for approval of a plan on
contractor selection shall be 05 working days after receiving appraisal report;
b) EOI requests, prequalification documents,
bidding documents and requests for proposals shall be issued after 03 working
days from the first day of publishing invitation for submission of EOI
responses, invitation for prequalification applications, invitation to bid and
notice of sending of bid forms before deadline for submission of bids;
c) Period for preparing EOI responses shall be at
least 10 days for domestic bidding and 20 days for international bidding, from
the first day when EOI requests are issued until the deadline for submission of
bids. Bidders must submit EOI responses before the deadline for submission of
bids;
d) Period for preparing applications for
prequalification shall be at least 10 days for domestic bidding and 20 days for
international bidding, from the first day when prequalification documents are
issued until the deadline for submission of bids. Bidders must submit such
applications before the deadline for submission of bids;
dd) Period for preparing proposals shall be at
least 05 working days from the first day when requests for proposals are issued
until the deadline for submission of bids. Bidders must submit their proposals
before the deadline for submission of bids;
e) Period for preparing bids shall be at least 20
days for domestic bidding and 40 days for international bidding, from the first
day when bidding documents are issued until the deadline for submission of
bids. Bidders must submit such bids before the deadline for submission of bids;
g) The maximum period allowed for assessment of EOI
responses, applications for prequalification shall be 20 days, for proposals
shall be 30 days, for bids shall be 45 days in the case of domestic bidding, as
from the deadline for submission of bids until the date the procuring entity submits
the results of contractor selection to the procuring entity for approval. The
maximum period allowed for assessment of EOI responses, applications for
prequalification shall be 30 days, for proposals shall be 60 days in the case
of international bidding, as from the deadline for submission of bids until the
date the procuring entity submits the results of contractor selection to the
procuring entity for approval. In necessary case, period for assessment of
bids, proposal may be prolonged but not exceed 20 days and the progress of
performance of the project must be achieved;
h) The maximum period for appraisal shall be 20
days for each content of appraisal: plan on contractor selection, EOI requests,
prequalification documents, bidding documents, requests for proposals, results
of selection of contractors after fully receiving the submitted documents;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
k) The maximum period for approving or giving the
handling opinion on the results of contractor selection shall be 10 days, as
from the date of receiving the written request for approving the results of
contractor selection of the procuring entity or the appraisal report in case of
having appraisal requirement;
l) The maximum validity period of a bid or proposal
shall be 180 days as from the deadline for submission of bids; for packages
with big scale, complex nature, packages under two-stage bidding method, the
maximum validity period of a bid shall be 210 days, as from the deadline for
submission of bids. In necessary case, a bidder may request extension of the
validity period of his/her bid or proposal and the progress of performance of
the project must be achieved;
m) The minimum period for sending a document on
modifying bidding documents to bidders already received bidding documents shall
be 10 days for domestic bidding and 15 days for international bidding before
the deadline for submission of bids; for modification of EOI requests, prequalification
documents, requests for proposals, it shall be at least 03 working days before
the deadline for submission of bids.
If the periods for sending such documents on
modification fail to meet the regulations at this Point, the procuring entity
shall extend the respective deadline for submission of bids in order to ensure
regulations on the period for sending the document on modification of EOI
requests, prequalification documents, bidding documents and requests for
proposals;
n) Time limit for sending notices of the results of
contractor selection to bidders via post or facsimile shall be 05 working days,
as from the date of the results of contractor selection are approved.
2. The Government shall elaborate periods
applicable during selection of contractors for packages with small scale,
packages with participation of community; Periods applicable during selection
of investors; periods applicable during selection of contractors or investors
via network.
Article 13. Expenses
associated with bidding
1. Expenses for selection of contractors consist
of:
a) Expenses associated with preparation of EOI
responses, applications for prequalification, bids, proposals and participation
in bidding shall be borne by bidders;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) EOI requests, prequalification documents shall
be provided to bidders for free;
d) Bidding documents, requests for proposals shall
be sold or provided to bidders for free.
2. Expenses for selection of investors consist of:
a) Expenses associated with preparation of
applications for prequalification, bids, and participation in bidding shall be
borne by investors;
b) Expenses associated with the process of investor
selection shall be financed by state, other lawful capital sources and included
in the total investment;
c) Investor who is selected to perform a project
must pay expenses associated with the process of investor selection;
d) Prequalification documents, bidding documents,
requests for proposals shall be sold to investors.
3. Expenses associated with the process of online
bidding include:
a) Expenses associated with participation in the
National E-procurement System, expenses associated with publishing information
on bidding and other expenses;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. The Government of Vietnam shall issue detailed regulations
on this Article.
Article 14. Incentives for
contractor selection
1. Bidders shall be eligible for incentives when
they participate in domestic or international bidding to supply goods of which
costs for domestic production occupy 25% or more.
2. Entities eligible for incentives upon
participating in international bidding to supply the consulting services,
non-consulting services and construction include:
a) Domestic bidders with individual status or in a
joint venture;
b) Foreign bidders participating in a joint venture
with domestic bidders who taking over at least 25% of the work value of
package.
3. Entities eligible for incentives upon
participating in domestic bidding to supply the consulting services,
non-consulting services and construction include:
a) Bidders employing female workers of at least 25%
of the total workers;
b) Bidders employing workers who are war invalids
and disabled people of at least 25% of the total workers;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Incentives shall be calculated to be applied
during the evaluation of bids and proposals in order to compare, rank the bids,
proposals according to one of the following methods:
a) Plus more points into the evaluation points of
bidders belonging to entities eligible for incentives;
b) Plus more amount into bid prices or evaluation
prices of bidders not belonging to entities eligible for incentives.
5. Entities and incentives in contractor selection
specified in this Article shall not apply in case where international treaties
to which the Socialist Republic of Vietnam is a signatory or international
agreements between Vietnam and donors otherwise provides for incentives in
contractor selection.
6. The Government of Vietnam shall issue detailed
regulations on this Article.
Article 15. International
bidding
1. International bidding shall only be held to
select contractors when one of the following requirements is met:
a) Donors of packages have a request for holding an
international bidding;
b) Packages for procurement of goods where the
goods are not yet able to be manufactured domestically or able to be
manufactured but fail to meet technical, quality or price requirements. In case
of common goods, already been imported and offered for sale in Vietnam, international
bidding shall not be organized;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. [9] Investment projects using land, except for
cases where investment is restricted in accordance with the investment law.
3. The Government of Vietnam shall issue detailed
regulations on this Article.
Article 16. Requirements for individuals to
participate in bidding activities
1. Individuals participating in bidding activities
must possess certificates of training on bidding and have professional
expertise, qualifications and foreign languages appropriate to the requirements
of the package, project, except for individuals belonging to bidders/investors.
2. Individuals who directly participate in making
EOI requests, prequalification documents, bidding documents, requests for
proposals; evaluation of EOI responses, applications for prequalification, bids,
proposals of professional bidding organizations, enterprises, units operating
in bidding consultancy, professional management board of the project must have
certificates of practicing in bidding.
Article 17. In case of
bidding cancellation
1. All bids and proposals fail to satisfy the
requirements of the bid documents and requests for proposals.
2. The objectives or scope of investment stated in
the bid documents, requests for proposals are altered.
3. The bid documents and requests for proposals
fail to comply with regulations of law on bidding or other relevant regulations
of law; therefore, the selected bidders/investors fail to meet requirements for
performing the package and project.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
There is evidence showing the handing, taking,
brokerage of bribes, bid rigging, fraud, taking advantage of positions, powers
aiming to interfere illegally in bidding activities, leading to falsifying
results of contractor/investor selection.
Article 18. Responsibilities
upon bidding cancellation
Organizations and individuals infringing law on
procurement thereby cancelling bidding as prescribed in Clause 3 and Clause 4
Article 17 of this Law must compensate related parties and be handled as
prescribed by law.
Article 19. Training and
refresher training on bidding
1. [10] (annulled)
2. Bidding training institutions have the following
responsibilities:
a) Ensure the quality of training and refresher
training; supply information on their training institutions to state regulatory
authorities on bidding activities;
b) Provide training and refresher training on the
basis of the framework program for training in bidding and grant of
certificates of bidding for learners in accordance with regulations;
c) Store all dossiers of training courses and
refresher training courses on bidding which are held by them in accordance with
regulations;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. The Government of Vietnam shall issue detailed
regulations on this Article.
Chapter II
FORMS AND METHODS OF CONTRACTOR/INVESTOR SELECTION AND
PROFESSIONAL BIDDING ORGANIZATIONS
Section 1. Methods of
contractor/investor selection
Article 20. Open bidding
1. Open bidding is a form of contractor/investor
selection in which the number of participating bidders/investors shall be
unrestricted.
2. Open bidding is applied to packages and projects
within the regulated scope of this Law, except for cases specified in Articles 21,
22, 23, 24, 25, 26 and 27 of this Law.
Article 21. Limited bidding
Limited bidding shall apply in case where a package
has highly technical requirements or technical peculiarities for which only a
limited number of contractors are capable of satisfying the requirements of the
package.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Direct Contracting for contractors shall be
applied in the following cases:
a) Packages which need to be performed to
immediately overcome or timely handle consequences caused by force majeure
events; packages need to be performed to ensure national secrets; packages need
to be carried out immediately to not cause damages directly to life, health and
assets of population communities on geographical areas or to not severely
affect to adjacent projects; packages of purchasing drugs, chemicals, medical
supplies and equipment to carry out epidemic prevention and control in urgent
cases;
b) Urgent packages which need to be carried out
aiming to protect national sovereignty, national borders and islands;
c) Procurement of consulting services,
non-consulting services and goods which must be bought from the previous
contractors because their technologies and copyrights which are not able to be
bought from other contractors must be compatible; packages with the nature of
research, test; purchase of intellectual property copyright;
d) Procurement of consulting services for making
feasible study reports and construction designs which have been provided for
successful authors of designs of works architectures [11] when authors have
adequate qualifications in accordance with regulations; packages of
construction of statues, reliefs, monumental paintings, art works in
association with the copyrights from the creation stage to stage of
construction of works;
dd) Packages of relocation of technical
infrastructure works managed directly by a specialized unit in order to serve
the ground clearance; packages of detection and disposal of bombs, mines, explosives
in order to prepare construction of works;
e) Procurement of public products and services,
packages with package price in the limitation allowed to apply direct
contracting as prescribed by Government in line with socio-economic conditions
in each period.
2. In order to carry out direct contracting for
packages defined at Points b, c, d, dd and e Clause 1 of this Article, all the
following requirements must be met:
a) Having an approved decision on investment,
except for packages of provision of consulting services for project
preparation;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Having been financed according to the progress
of package performance;
d) Having an approved estimate in accordance with
regulations, except for EP, EC, EPC packages and turnkey packages;
dd) Having a maximum period of execution of direct
contracting as from the day of approving requests for proposals to the day of
signing contract of 45 days; in case of packages with big scale, it shall not
exceed 90 days;
e) Having name of contractors who are proposed for
direct contracting stated in the database on contractors of state regulatory
authorites on bidding activities.
3. For packages which are eligible for direct
contracting specified at Clause 1 this Article and satisfy requirements for
direct contracting specified at Clause 2 of this Article but still be able to
apply other forms of contractor selection defined at Articles 20, 21, 23 and 24
of this Law, other forms of contractor selection are encouraged to be applied.
4. Direct contracting for investors shall be
applied in the following cases:
a) Only one investor applies for bidding;
b) Only one investor is able to carry out direct
contracting due to the intellectual property, commercial secret, technologies
or capital arrangement;
c) Investors proposing projects satisfy
requirements for carrying out projects in the most feasible and effective
manner according to the regulations of the Government.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Shopping method shall be applied to packages
with the value within the limits as prescribed by the Government and belong to
one of the following cases:
a) Packages of procurement of non-consulting
services which are commonly used and simple;
b) Packages of procurement of goods which are commonly
used or readily available on the market, have standardized technical features
and are similar to each other in quality;
c) Packages of procurement of simple works which
have had the approved construction drawings.
2. Shopping method is performed when all of the
following requirements are met:
a) Having an approved plan on contractor selection;
b) Having an approved estimate in accordance with
regulations;
c) Having been financed according to the progress
of package performance.
Article 24. Direct
procurement
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Direct procurement is performed when all of the following
requirements are met:
a) Contractor has won a bid through open or limited
bidding and has signed a contract to perform the previous package;
b) Package has the similar content and nature with
the previous package for which a contract was signed, and has a scale of less
than 130% of such previous package;
c) The unit price of the items of a package to
which the form of direct procurement is applied shall not exceed the unit price
of the corresponding items of the previous similar package for which a contract
was signed;
d) The time limit from the day on which the
contract for the previous package was signed to the day on which the result of
direct procurement is approved shall not exceed 12 months.
3. If the previous contractor is not able to continue
performance of the package of direct procurement, the form of direct
procurement shall be applied to another contractor if such contractor satisfies
requirements for qualifications, techniques and price according to the bidding
document and the previous result of contractor selection.
Article 25. Force account
Force account shall be applied to packages of
projects and estimates of procurement in case organizations directly managing
and using such packages have technical and financial capability, and experiences
satisfying requirements of such packages.
Article 26. Selection of contractors/investors
in special cases
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 27. Community’s participation in
performance
Population communities, organizations, teams and
groups of workers in areas where there are packages are assigned to wholly or
partly perform such packages in the following cases:
1. Packages under the national target programs,
support programs of hunger elimination, poverty reduction for districts,
communes in mountainous, deep-lying and remote areas, islands, areas with
special difficulty-stricken socio-economic conditions;
2. Packages with small scale that population
communities, organizations, teams and groups of workers in areas may undertake.
Section 2. Methods of contractor/investor selection
Article 28. The single-stage
one-envelope bidding procedure
1. The single-stage one-envelope bidding procedure
shall apply in the following cases:
a) Open bidding, limited bidding for procurement of
non-consulting services; packages of procurement of goods, works and mixed
packages with small scale;
b) Shopping method for procurement of
non-consulting services, goods and civil works;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Direct procurement of goods;
dd) Direct contracting for investor selection.
2. Bidders/investors may submit of bids, proposals
including technical proposals and financial proposals at the requirements of
bidding documents, requests for proposals.
3. The bid opening shall be conducted once for all
bids, proposals.
Article 29. The single-stage
two-envelope bidding procedure
1. The single-stage two-envelope bidding procedure
shall apply in the following cases:
a) Open bidding, limited bidding for procurement of
consulting services, non-consulting services; goods, civil works and mixed
packages;
b) Open bidding for investor selection.
2. Bidders/investors may separately submit both of
technical proposals and financial proposals in a same time at the requirements
of bidding documents.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 30. The two-stage
one-envelope bidding procedure
1. The two-stage one-envelope bidding procedure
shall apply in cases of open bidding, limited bidding for procurement of civil
goods, works and mixed packages with big scale and complex nature.
2. In the first stage, bidders may submit their
technical proposals and financial proposals at the requirements of bidding
documents but the bid price is not provided. On the basis of exchange with each
contractor participating in this stage, bidding documents in the second stage
shall be determined.
3. In the second stage, bidders participated in the
first stage shall be invited for submission of bids. Bids include technical
proposals and financial proposals at the requirements of bidding documents in
the second stage, and the bid price and bid security are provided.
Article 31. The two-stage
two-envelope bidding procedure
1. The two-stage two-envelope bidding procedure
shall apply in cases of open bidding and limited bidding for procurement of
goods, civil works and mixed packages with new, complex and particular
techniques and technologies;
2. In the first stage, bidders may separately
submit both technical proposals and separate financial proposals in a same time
at the requirements of bidding documents. Technical proposals shall be opened
immediately after the deadline for submission of bids. On the basis of
assessment on technical proposals of bidders in this stage, contents to be
corrected in techniques in comparison with the bidding documents and list of
qualified bidders being invited for bidding in the second stage. Financial
proposals shall be opened in the second stage.
3. In the second stage, qualified bidders in the
first stage shall be invited for submission of bids. Bids include technical
proposals and financial proposals at the requirements of bidding documents in
the second stage, corresponding to the corrected content in techniques.. In
this stage, financial proposals submitted in the first stage shall be opened
concurrently with bids in the second stage for assessment.
Section 3. PROFESSIONAL
BIDDING ORGANIZATIONS
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Professional bidding organizations include
bidding agents and public service providers which are established for
professional bidding.
2. The establishment and operation of bidding
agents shall comply with legislations on enterprises.
3. The Government of Vietnam shall issue detailed
regulations on this Article.
Chapter III
THE PLAN AND PROCESS OF CONTRACTOR SELECTION
Article 33. Rules for
preparation of plans on contractor selection
1. Plans on contractor selection shall be made for
the entire project and estimate of procurement. In case where requirements for
formulating a plan on contractor selection for the entire project, estimate of
procurement are not fully satisfied, plans on contractor selection for one or a
number of packages shall be made in advance.
2. A plan on contractor selection must clearly set
out the number of packages and contents of each package.
3. Division of the project, estimate of procurement
into different packages shall be based on the technical nature and the sequence
for its implementation, ensuring the unity of the project, estimate of
procurement and the reasonableness of package sizes.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. The preparation,
submission, appraisal and approval of the plan on contractor selection, bidding
documents, requests for proposals, determination of short lists of procurement
activities of projects using official development assistance, concessional
loans shall be done before the conclusion of international treaties,
international agreements on official development assistance and concessional
loans.
2. The Government of
Vietnam shall issue detailed regulations on this Article.
Article 34.
Preparation of plans for contractor selection
1. Grounds for preparation of a plan on contractor
selection for a project:
a) Decision on approving the project or certificate
of investment and relevant documents. For packages which must be performed
prior to a decision on approving the project, a decision of the head of
investors or the head of units assigned to set up the project in case the
investors have not yet been identified shall be determined as a ground;
b) Capital sources for the project;
c) [13] International treaties, international
agreements, regarding projects using official development assistance,
concessional loans, except as provided in Article 33a of this Law;
d) Other relevant legal documents.
2. Grounds for preparation of a plan on contractor
selection for recurrent procurement:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The approved decision on procurement;
c) The approved capital sources and estimate for
recurrent procurement;
d) Scheme on procurement and equipping for the
entire industry which has been approved by the Prime Minister (if any);
dd) Result of price evaluation of agencies and
organizations providing price evaluation or quotation (if any).
3. Plan on contractor selection shall be formulated
after a decision on approving the project, estimate of procurement is made or
in the period of formulating the project, estimate of procurement or before
having a decision on approving the project for packages which need to be
performed before having the decision on approving the project.
Article 35. Contents of plan for contractor
selection for each package
1. Package names:
A package name presents nature, content and work
scope of a package, in line with contents stated in the project, estimate of
procurement. If a package includes many separate parts, each part stated in the
plan on contractor selection should be named on the basis of describing the
basic content of such part.
2. Package prices:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) For procurement of consulting services of
formulation of pre-feasible study reports, feasible study reports and package
prices shall be defined on the basis of information on average price according
to statistics of projects which have been made in a defined duration; the
estimated total investment based on investment ratios; preliminary total
investment;
c) If a package includes many separate parts, the
estimated price for each part stated in the package price shall be clearly
indicated.
3. Capital resources:
For each package, it must clearly state capital
sources or methods of capital arrangement and period of capital allocation to
pay for contractors; in case of using official development assistance capital
and concessional loans, it must clearly state name of donors and structure of
capital sources, including the domestic reciprocal capital and financed
capital.
4. Forms and methods of contractor selection:
For each package, it must clearly state forms and
methods of selection of contractors; selection of domestic or international
contractors.
5. Beginning time of organizing contractor
selection:
Beginning time of contractor selection shall be
calculated as from the date on which bidding documents and requests for
proposals are issued, and clearly indicated under months or quarters in year. In
case of open bidding with application of short-list selection procedures,
beginning time of contractor selection is calculated as from the date on which
EOI requests and prequalification documents are issued.
6. Contract types:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
7. Period of contract execution:
A period of contract execution shall be the number
of days calculated from the effective date of a contract to the date on which
participating parties fulfill their obligations as prescribed in the contract,
excluding the duration of fulfillment of warranty obligation (if any).
Article 36.
Submission of plans for contractor selection for approval thereof
1. Responsibilities for submission of plans for
contractor selection for approval thereof:
a) Investors of projects, the procuring entities of
recurrent procurement shall be responsible for submission of plan on contractor
selection to the competent persons for consideration and approval;
b) For a package which needs to be performed prior
to a decision on approving the project, in case where the investor is
identified, a unit of investors shall submit a plan on contractor selection to
the head of investors for consideration and approval. In case the investor has
not yet been identified, the unit assigned to prepare the project shall submit
a plan on contractor selection to the head of such unit for consideration and
approval.
2. A document on the submission of a plan on
contractor selection includes the following contents:
a) The performed works, including works related to
preparation of the project, packages performed previously with the respective
value and legal grounds for implementation;
b) Works which are not able to apply one of forms
of contractor selection, including: operation of project management board,
organization of compensation and ground clearance, commencement, inauguration,
payment of loan interest and other affairs not able to apply forms of
contractor selection;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Works which have not yet adequate conditions for
formulating a plan on contractor selection (if any), in which contents and
values of these works must be clarified;
dd) Total values of works specified in points a, b,
c and d this Clause. Total values of these works do not exceed the approved total
investment of the project or estimated budget of procurement.
3. Documents enclosed with the document submitted
for approval of the plan on contractor selection:
When submitting a plan on contractor selection for
approval, it must be enclosed with photocopies of documents as the basis for
formulation of the plan on contractor selection as prescribed in Article 34 of
this Law.
Article 37.
Evaluation and approval of plans on contractor selection
1. Evaluation of a plan on contractor selection
a) Evaluation of the plan on contractor selection
includes examination, assessment of contents as prescribed in Articles 33, 34,
35 and 36 of this Law;
b) Organization assigned to evaluate the plan on
contractor selection shall formulate a report on evaluation and submit it to a
competent person for approval;
c) Organization assigned to evaluate the plan on
contractor selection shall make an evaluation report and submit it to the head
of investors or the head of units assigned to prepare a project on approving
the plan on contractor selection in case where the package needs to be
performed prior to decision on approval for the project.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Based on the evaluation report, the competent
person shall approve the plan on contractor selection in writing in order to do
as basis for selection of contractors after the project or estimate of
procurement is approved or at the same time when the decision on approving the
project, estimate of procurement is issued in eligible case;
b) Based on the evaluation report, the head of
investors or the head of units assigned to prepare the project shall approve
the plan on contractor selection in case where the package needs to be
performed prior to decision on approval for the project.
Article 38. Process of contractor selection
1. The process of contractor selection for open
bidding, limited bidding shall be performed as follows:
a) Prepare for contractor selection;
b) Organize contractor selection;
c) Evaluate bids and negotiate contracts;
d) Submit, evaluate, approve and publish results of
contractor selection;
dd) Finalize and sign contracts.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Direct contracting under the ordinary process
includes: Prepare for contractor selection; organize contractor selection;
evaluate proposals and negotiate on proposals of bidders; submit, evaluate,
approve and publish the results of contractor selection; finalize and sign
contracts;
b) Direct contracting under the reduced process
includes: prepare and send draft contracts to bidders; negotiate, finalize
contracts; submit, approve and publish the results of contractor selection;
sign contracts.
3. The process of contractor selection for shopping
method shall be performed as follows:
a) Shopping method under the ordinary process
includes: Prepare for contractor selection; organize contractor selection;
evaluate proposals and negotiate contracts; submit, evaluate, approve and
publish the results of contractor selection; finalize and sign contracts;
b) Shopping method under the reduced process
includes: Prepare and send requirements for quotation to bidders; bidders
submit their quotations; assess quotations and negotiate contracts; submit,
approve and publish the results of contractor selection; finalize and sign
contracts.
4. The process of contractor selection for direct
procurement shall be performed as follows:
d) Prepare for contractor selection;
b) Organize contractor selection;
c) Assess proposals and negotiate on proposals of
bidders;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Finalize and sign contracts.
5. The process of contractor selection for force
account shall be performed as follows:
a) Prepare for plans on force account and draft
contracts;
b) Finalize plans on force account and negotiate,
finalize contracts;
c) Sign contracts.
6. The process of individual consulting contractor
selection shall be performed as follows:
a) Prepare and send reference provisions to the
individual consulting bidders;
b) Individual consulting bidders submit their
dossiers of scientific curricula vitae;
c) Assess dossiers of scientific curricula vitae of
individual consulting bidders;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Submit, approve and publish results of
contractor selection;
e) Sign contracts.
7. The process of contractor selection for packages
with participation of community in performance shall be performed as follows:
a) Prepare plans on selecting population
communities, organizations, teams, groups of workers in areas to carry out the
packages.
b) Organize selection;
c) Approve and publish results of selection;
d) Finalize and sign contracts.
8. The Government of Vietnam shall elaborate this
Article.
Chapter IV
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 39.
Methods for evaluation of bids for procurement of consulting services,
non-consulting services, goods, civil works and mixed packages
1. Least-cost selection:
a) This method applies to simple packages with
small scale in which technical, financial and commercial proposals are
considered as a same ground upon satisfying requirements stated in bids;
b) Criteria for bid evaluation include: Evaluation
criteria of qualifications and criteria of packages;
c) For bids evaluated that passing evaluation
criteria prescribed in Point b of this Clause, bid prices after being rectified
and calibrated shall be determined as basis for comparison and ranking. Bidders
shall be ranked correspondingly according to bid prices after being rectified
and calibrated, minus the bid decrement (if any). The bidder with lowest price
shall be ranked the first.
2. Lowest evaluated bid selection:
a) This method applies to packages of which
expenses may be converted on a same ground on technical, financial and
commercial elements for entire use life cycle of goods or works;
b) Criteria for bid evaluation include: assessment
criteria of qualifications in case of not applying prequalifications; technical
evaluation criteria; standards for determination of evaluated bid price.
Elements which are converted on the same ground to
determine evaluated bid prices include: Necessary expenses associated with
operation, maintenance and other expenses related to origin of goods, loan
interest, progress, quality of goods or construction works of the packages,
prestige of contractors through the progress and quality during implementation
of previous similar contracts and other elements;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Quality- and cost-based selection:
a) This method apply to packages of information
technology, telecommunication or procurement of goods, works and mixed packages
when both least-cost selection and lowest evaluated bid selection specified at
Clause 1 and Clause 2 of this Article fail to be able to apply;
b) Criteria for bid evaluation include: assessment
criteria of qualifications in case of not applying prequalifications; technical
evaluation criteria; and collective criteria for evaluation. The collective
criteria for evaluation are formulated on the basis of combination between the
technical aspect and price;
c) For bids which have passed technical assessment,
comparison and ranking are based on the respective collective points. The
bidder with the highest collective point shall be ranked the first.
4. For assessment criteria of qualifications,
pass-fail criteria shall be applied. For technical evaluation criteria, a
weighted scoring method or pass-fail criteria shall be applied. For quality-
and cost-based selection specified at Clause 3 of this Article, a weighted
scoring method shall be applied. When using a weighted scoring method, the
minimum score of technical requirements must be stipulated and not be less than
70% of the total scores.
5. The Government of Vietnam shall elaborate this
Article.
Article 40.
Methods for evaluation of bids for procurement of consulting services
1. For consulting bidders being organizations, one
of the following methods shall apply:
a) Least-cost selection shall apply to simple
consulting packages. Evaluation criteria are technical evaluation criteria. For
bids which have passed technical evaluation, comparison and ranking are based
on the bid price after error correction and adjustment of deviation, minus (-)
the bid decrement (if any). The bidder with the lowest price shall be ranked
the first;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) The quality- and cost-based selection shall
apply to the procurement of consulting services with special importance to
quality and expenses associated with performance of a package. Evaluation
criteria are technical evaluation criteria and collective evaluation criteria. The
collective evaluation criteria are formulated on the basis of combination
between the technical aspect and price; When formulating the collective
evaluation criteria, it must ensure principles that the rate of technical score
shall range from 70% to 80% and the rate of cost score shall range from 20% to
30% of the collective score, and the sum of rate of technical score and rate of
cost score is 100%. The bidder with the highest collective score shall be
ranked the first;
d) The quality-based selection shall apply to
procurement of consulting services with high and particular technical
requirements. Evaluation criteria are technical evaluation criteria. When
formulating technical evaluation criteria, the minimum score of technical
requirements must be less than 80% of the total scores. A bidder that has a bid
satisfying the minimum score of technical requirements as prescribed and obtain
the highest technical score shall be ranked the first and invited to come for
opening of financial proposals as basis for negotiating a contract.
2. For technical evaluation criteria specified at
Points a, b, c and d Clause 1 of this Article, the weighted scoring method
shall apply. When formulating technical evaluation criteria, the minimum score
of technical requirements must be not smaller than 70% of the total scores,
except for the case prescribed in Point d Clause 1 of this Article.
3. If consulting bidders are individuals,
evaluation criteria shall be criteria for evaluation of dossiers of scientific
curricula vitae and technical proposals (if any). The bidder having the best
dossier of scientific curriculum vitae, technical proposals and satisfying
requirements of reference provisions shall be ranked the first.
Article 41.
Methods for evaluation of proposals
The method for evaluation of proposals in shopping
method shall comply with least-cost selection specified at Clause 1 Article 39
of this Law.
Article 42.
Consideration of contract award in case of procurement of consulting services
1. A consulting bidder who is an organization shall
be considered for contract award if it meets the following requirements:
a) Obtaining satisfactory bid/proposal;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Obtaining the lowest bid price after error
correction and adjustment of deviation minus (-) the bid decrement (if any) in
case of least-cost selection; obtaining the highest technical score in case of
fixed price selection and quality-based selection; obtaining the highest
collective score in case of quality- and cost-based selection;
d) Obtaining proposed successful bid not exceeding
the approved package price. If the approved estimated budget of the package is
lower than or higher than the approved package price, this estimate shall
replace the package price as the basis for consideration of contract award.
2. A consulting bidder who is an individual shall
be considered for contract award if he/she meets the following conditions:
a) The bidder having the best dossier of scientific
curriculum vitae, technical proposals (if any) and satisfying requirements of
reference provisions;
b) Obtaining proposed successful bid not exceeding
the approved package price. If the approved estimated budget of the package is
lower than or higher than the approved package price, this estimate shall
replace the package price as the basis for consideration of contract award.
3. For bidders fail to be selected, notices of
contractor selection results must clearly state the reason thereof.
Article 43.
Consideration of contract award in case of procurement of non-consulting
services, goods, civil works, and mixed packages
1. The provider of non-consulting service, goods,
works, or mixed packages shall be considered for contract award upon satisfying
the following requirements:
a) Obtaining satisfactory bid/proposal;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Obtaining qualified technical proposal;
d) Having negative deviation not exceeding 10% of
the bid price;
dd) Obtaining the lowest bid price after error
correction and adjustment of deviation minus (-) the bid decrement (if any) in
case of least-cost selection; obtaining the lowest evaluated price in case of
lowest evaluated bid selection; obtaining the highest collective score in case
of quality- and cost-based selection;
e) Obtaining proposed successful bid not exceeding
the approved package price. If the approved estimated budget of the package is
lower than or higher than the approved package price, this estimate shall
replace the package price as the basis for consideration of contract award.
2. For bidders fail to be selected, notices of
contractor selection results must clearly state the reason thereof.
Chapter V
CENTRALIZED PROCUREMENT, RECURRENT
PROCUREMENT, PURCHASE OF DRUGS, MEDICAL SUPPLIES; SUPPLY OF PUBLIC PRODUCTS AND
SERVICES
Section 1.
CENTRALIZED PROCUREMENT
Article 44.
General provisions on centralized procurement
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Centralized procurement shall apply in case
where goods and services need to be procured with big quantity, similar
categories at one or many agencies, organizations, enterprises or investors.
3. Centralized procurement may be performed in one
of the following ways:
a) A centralized procurement units gathers needs of
procurement, conducts the contractor selection, directly signs a contract with
the selected contractor for procurement of goods or services;
b) The centralized procurement unit gathers needs
of procurement, conducts the contractor selection, and signs a written
framework agreement with one or multiple selected contractors as the basis for
units which have needs of direct procurement to sign the contract with the
selected contractor for procurement of goods or services.
4. The centralized procurement unit shall conduct
the contractor selection on the basis of the assigned tasks, or signed contract
with units which have needs for procurement.
5. The Government of Vietnam shall elaborate this
Article.
Article 45.
Framework agreement
1. Framework agreement in the centralized
procurement means a long-term agreement between a centralized procurement unit
with one or multiple contractors, in which include standards and conditions as
the basis for procurement according to each specific contract.
2. Duration for use of framework agreements shall
be stipulated in plans on contractor selection but it must not exceed 03 years.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 46.
Conditions for application
Regulatory agencies, political organizations,
socio-political organizations, socio-political-occupational organizations,
social organizations, socio-occupational organizations and units of the
People’s armed forces, and public service providers may apply the recurrent
procurement of goods and services upon satisfying all the following conditions:
1. Use the capital sources for recurrent
procurement;
2. Goods and services under list of goods and
services allowed applying recurrent procurement to maintain regular activities
of agencies, organizations and units.
Article 47.
Organizing contractor selection
1. Selection of bidder in recurrent procurement
shall comply with Articles 38, 39, 40, 41, 42 and 43 of this Law.
2. The Government shall elaborate regulations on
recurrent procurement.
Section 3.
PURCHASE OF DRUGS AND MEDICAL SUPPLIES
Article 48. The
selection of bidder for drugs and medical supplies provision
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Selection of bidder for drugs provision shall
also be performed under form of price negotiation. Form of negotiation shall be
applied to packages for purchase of drugs which there are only one to two
producers; original proprietary medicines, rare drugs, drugs still in time
protected copyright and other particular cases.
3. A bidder shall be considered for the consulting
bidder being organization shall be considered for recommendation as the winning
bidder upon satisfying the following conditions:
a) Conditions specified at points a, b, d, dd and e
Clause 1 Article 43 of this Law;
b) Bidder has a Technical Proposal which is
assessed to satisfy requirements on quality, provision, preservation and time
limit for drugs use.
4. The Government shall elaborate this Article.
Article 49. Centralized purchase of drugs
1. The centralized purchase of drugs shall be
performed at national level and local level.
2. The Government shall provide for the centralized
purchase of drugs and roadmap to perform the centralized purchase of drugs.
Article 50. Preferential treatment in purchase
of drugs
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 51.
Responsibilities of regulatory bodies in bidding of drugs and medical supplies
1. The Ministry of Health shall promulgate list of
drugs involving bidding; list of drugs involving centralized bidding; and list
of drugs allowed applying form of price negotiation.
2. Government shall provide for responsibilities of
Ministries and sectors in bidding of drugs and medical supplies, and the
disclosure of prices of drugs and medical supplies according to results of
contractor selection.
Article 52.
Payment of expenses associated with purchase of drugs and medical supplies
If non-public health facilities do not select to
apply provisions of this Law for purchase of drugs, medical supplies, such
health facilities shall only be paid from medical insurance fund according to
the drugs items and unit prices of drugs and medical supplies already won bidding
of the public health facilities at provincial level in the same localities.
Section 4. PROVISION OF PUBLIC PRODUCTS AND
SERVICES
Article 53. Forms
of selection of bidders
The selection of bidders for provision of public
products and service shall perform under forms of competitive bidding, limited
bidding, and Direct Contracting, Shopping Method, Direct Procurement and Force
Account.
Article 54. The process of bidder selection
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Prepare for selection of bidder;
b) Organize selection of bidder;
c) Assess the Bids, Proposals and negotiate
contract;
d) Submit, evaluate, approve and publish result of
bidder selection;
dd) Finalize and sign contract.
2. The Government shall elaborate this Article.
Chapter VI
SELECTION OF INVESTORS
Article 55. Plan
on investor selection
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Decision on approving project;
b) International treaties, international agreements
for projects used official development assistance capital, concessional loans;
c) Relevant documents.
2. Content of plan on investor selection:
a) Name of project;
b) Total investment and total capital of project;
c) Preliminary content of amount financed by State,
financial regime of State to support for implementation of project (if any);
d) Forms and methods of selection of investors;
dd) Beginning time of organization for investor
selection;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
g) Time for contract performance.
Article 56. The
process of investor selection
1. The process of investor selection shall be
performed as follows:
a) Prepare for selection of investor;
b) Organize selection of investor;
c) Assess the Bids, Proposals;
d) Submit, evaluate, approve and publish result of
investor selection;
dd) Negotiate, finalize and sign contract.
2. The Government shall elaborate this Article.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. The Procuring Entity shall submit the plan on
selection of investor, Prequalification Document, result of prequalification,
Bid, Request for Proposals and result of investor selection to the competent
persons, concurrently organize appraisal.
2. Organizing the appraisal, making report on
appraisal of the plan on selection of investor, Prequalification Document,
result of prequalification, Bid, Request for Proposals and result of investor
selection to submit to the competent persons.
3. Based on the submitted dossier and report on
appraisal, the competent persons shall approve the plan on selection of
investor, Prequalification Document, result of prequalification, Bid, Request
for Proposals and result of investor selection.
4. The Government shall elaborate this Article.
Article 58.
Methods to assess the Bids
1. Methods to assess the Bids include: Service
price-related evaluation, method of State-contributed capital, method of social
benefits, state benefits and combination method.
2. Criteria for evaluation of Bid include: criteria
for evaluation on capability, experiences; criteria for evaluation on technical
aspect; and criteria for evaluation on financial aspect.
3. The Government shall elaborate this Article.
Article 59.
Consideration for contract award in investor selection
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Having valid Bid and Proposal ;
b) Satisfying requirements on qualifications;
c) Satisfying technical requirements;
d) Satisfying financial requirements;
dd) Project obtains highest efficiency.
2. For investors not be selected, in notice of
result of investor selection must clearly state the reason thereof.
Chapter VII
SELECTION OF BIDDERS AND INVESTORS
ONLINE
Article 60.
Selection of bidders and investors online
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Publishing information on bidding as prescribed
in Article 8 of this Law;
b) Publishing EOI requests, Prequalification
Documents, Requests for Proposals;
c) Submission of Bid Security, Performance
Security, joint venture agreements;
d) Submitting, withdrawing EOI requests,
Prequalification Documents, Bids, Proposals;
dd) Opening Bids;
e) Assessing EOI responses, Applications, Bids,
Proposals;
g) Sign contract and pay under contract;
h) Other relevant content.
2. The Government shall elaborate selection of
bidders and investors online and the roadmap for application.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. It must publish, not limit the access of
information.
2. Users may realize the real time upon accessing
National E-procurement System. Time on National E-procurement System is the
real time and standard time in bidding through National E-procurement System.
3. It must operate continuously, unified, be stable
and safe on information, have ability to identify users, keep confidential and
entire data.
4. It must perform the storage of information and
may retrieve histories of transactions on National E-procurement System.
5. It must ensure that bidders and investors cannot
send EOI responses, Applications, Bids, and Proposals to the Procuring Entity
after deadline for submisison of bids.
Chapter VIII
CONTRACT
Section 1.
CONTRACT WITH CONTRACTOR
Article 62. Contract type
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Lump-sum contract means contract with fixed
price during performance for all work contents in contract. Payment for
lump-sum contract shall be performed many times during implementation or once
upon finishing contract. Total amounts paid to contractor until finishing
obligations under contract shall be equal to the price stated in contract;
b) When applying the lump-sum contract, prices of
packages as the basis for consideration for recommendation as the winning
bidder must include expenses associated with risk elements which may happen
during the course of implementation of contract, reserve expenses associated
with slippage in price. Bid Price must include all expenses associated with
risk elements and expenses associated with slippage in price which may happen
during the course of implementation of contract;
c) Lump-sum contract is type of basic contract.
When deciding on application of contract types defined at Clause 2 and Clause 3
of this Article, the person approving the plan on bidder selection must ensure
that such contract types are more appropriate than lump-sum contract. For
packages of simple consulting service provision, and non-consulting service
provision; packages for goods procurement, works, and mixed packages with small
scale must apply form of lump-sum contract;
d) For packages of works, during the course of
negotiating and finalizing contract, the relevant parties need review the table
of work volume under the approved design; if the bidder or the Procuring Entity
detects that the tables of work quantity and volume are not exact in comparison
with design, the Procuring Entity shall report to the investor for
consideration to decide on adjustment of the work volume in order to ensure the
conformity with design;
dd) When applying the lump-sum contract, the
investor for project, the Procuring Entity for recurrent procurement, the
centralized procurement units or units with need of procurement for the
centralized procurement shall be responsible for the accuracy of work quantity
and volume. In case of using consulting bidder to make dossier of design, Bid,
Request for Proposals, in contract between investor, Procuring Entity,
centralized procurement unit or unit which has need of procurement with the
consulting bidder must have provisions on responsibilities of parties in
handling or compensation in case of calculating wrongly the work quantity and
volume.
2. Unit price contract:
Unit price contract means contract with unit price
not changeable during performance of all work contents in contract. The
contractor will be paid according to the practical work quantity and volume which
are tested for acceptance as prescribed on the basis of the fixed unit price in
contract.
3. Adjustable unit rate contract:
Adjustable unit rate contract means contract with
changeable unit price based on agreements in contract for all work contents in
contract. The contractor will be paid according to the practical work quantity
and volume which are tested for acceptance as prescribed on the basis of the
unit price in contract or the modified unit price.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Time-based contract means contract which is applied
to packages providing consulting service. The Contract Price is calculated on
the basis of working time according to month, week, day, hour and costs other
than remuneration. The contractor will be paid according to the practical
working time on the basis of remuneration corresponding to the title and work
stated in contract.
Article 63. Contract Documents
1. Contract Documents include:
a) Contract Agreement;
b) Contract Addenda, including the detailed list of
work scope, price table, and time for performance (if any);
c) Decision on approving the result of bidder
selection.
2. Apart from documents specified at Clause 1 of
this Article, depend on scale, nature of package, Contract Documents include
one or a number of the following documents:
a) The contract finalization record;
b) The written agreement of parties about
contractual conditions, including general conditions and particular conditions;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Bid, Request for Proposals and documents
amending and supplementing these dossiers.
dd) Relevant documents.
3. When having changes of contents within contract,
parties must sign Contract Addenda.
Article 64. Conditions for signing contract
1. At time of signing, the Bid or Proposal of the
selected bidder is still valid.
2. At time of signing, the selected bidder must
ensure to meet requirements on technical and financial capability for
implementation of the package. In necessary case, the investor for a project,
the Procuring Entity for recurrent procurement, the centralized procurement
unit or unit with need of procurement for the centralized procurement may
conduct verification of information on capability of bidder, if the bidder
still satisfies requirements for performance of package, parties will sign
contract.
3. The investor for a project, the Procuring Entity
for recurrent procurement, the centralized procurement unit or unit with need
of procurement for the centralized procurement must ensure conditions on
funding for advance payment, payment funding, and ground for implementation and
other necessary conditions for carrying out the package on the schedule.
Article 65. Contract with the selected bidder
1. After selecting contractor, the investor for a
project, the Procuring Entity for recurrent procurement, the centralized
procurement unit or unit with need of procurement for the centralized
procurement and the selected bidder must sign contract to perform the package. For
JV contractor, all JV’s Parties must directly sign and affix their seal (if
any) on the written contract. The contract signed between parties must comply
with provisions of this Law and other provisions of relevant legislation.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Contract signed between parties must conform to
content in Bid, Request for Proposals, Bid, Proposals, result of contractual
negotiation, and decision on approving result of bidder selection.
4. Contract Price does not exceed the successful
bid. In case of supplementing the work volume apart from Bid, Request for
Proposals, leading to the excess of Contract Price in comparison with the
successful bid, the Contract Price must be ensured to not exceed the approved
price of package or estimate; if project, estimate on package include many
procurement, total Contract Price must ensure to not exceed total the invested
capital and estimated budget already been approved.
5. The Government shall provide for content of
contract involving bidding.
Article 66. Performance Security
1. Performance Security shall be applied to the
selected bidders, except for contractors which provide the consulting services,
the selected bidders according to form of Force Account and participation in implementation
of community.
2. The selected bidder must provide a Performance
Security prior to the date on which the contract takes effect.
3. Based on scale, nature of package, the value of
a Performance Security shall be stipulated in the Bid Documents, Requests for
Proposals at a definite level of between 2% and 10% of the successful bid.
4. The validity period of a Performance Security
shall be calculated from the effective day of contract until the date parties
finish contractual obligations or until the day of transfer of warranty
obligations in case of having provisions on warranty. In case of extending the
contract performance period, it must require the bidder to extend respectively
validity period of Performance Security.
5. The contractor shall not be entitled to the
return of the Performance Security in the following cases:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The contractor violates agreements in contract;
c) The contractor performs contract later than the
progress due to the contractor’s fault but refuse to extend the validity of
Performance Security.
Article 67. Principles of adjustment to contract
1. Adjustment to contracts must be specified
specifically in the written contract, written agreement on contractual
conditions (if any).
2. Adjustment to contracts shall only apply within
validity period of contract.
3. Adjustment to contract price shall only apply
unit price contract, adjustable unit rate contract and time-based contract.
4. The adjusted contract sum shall not exceed
package price or estimated budget already been approved. In case of projects,
estimates on procurement including many packages, the adjusted contract sum
shall not exceed the total investment, the estimated budget for procurement
already been approved.
5. For contracts based on modifiable unit price,
the adjustment of unit price shall be performed as from time of arising the
elements causing changes of price and only be applied for the performed volume
in accordance with the progress stated in contract or the adjusted progress as
prescribed in Clause 6 and Clause 7 of this Article.
6. The contract time for performance shall be only
adjusted in the following case:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Changes of the work scope, design, measures for
construction due to objective requirements affect to the contract time for
performance;
c) Handing over of ground inconsistently with
agreements in contract affect to the contract time for performance but cause is
not fault of contractor.
7. In case of adjustment to the contract time for
performance which do not prolong the progress of finishing project, contractual
parties may agree and unify such adjustments. In case of adjustment to the
contract time for performance which prolongs the progress of finishing project,
it must report to the competent person for consideration and decision.
Section 2. CONTRACT WITH INVESTOR
Article 69. Contract Documents
1. Contract Documents include:
a) Contract Agreement;
b) Contract Addenda (if any);
c) Note of Contract Negotiation;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) The written agreement of parties about terms
and conditions of the contract, including general conditions and particular
conditions;
e) Bid, Proposal and documents to clarify these
dossiers of the selected investor;
g) Bid, Request for Proposals and documents
amending and supplementing these dossiers;
h) Relevant documents.
2. When having changes of contents within contract,
parties must sign appendices for supplementation to contract.
Article 70. Conditions for signing contract
1. At time of signing, Bid and Proposal of the
selected investor are still valid.
2. At time of signing, the selected investor must
ensure to meet requirements on technical and financial capability for
implementation of the project. In necessary case, the competent person may
conduct verification of information on capability of investor, if the investor
still satisfies requirements for implementation of project, parties will sign
contract.
3. The competent regulatory agencies must ensure
conditions on capital financed by state, ground for implementation and other
necessary conditions for carrying out the project on the schedule.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. After selecting investor, the competent
regulatory agencies shall sign contract with the selected investor or the
selected investor and project management enterprise. For JV investor, all JV’s
Parties must directly sign and affix their seal (if any) on the written
contract. The contract signed between parties must comply with provisions of
this Law and other provisions of relevant legislation.
2. Contract signed between parties must conform to
content in Bid, Request for Proposals, Bid, Proposals, result of contractual
negotiation, and decision on approving result of investor selection and written
agreement on investment.
Article 72. Performance
Security
1. The selected investor must provide a Performance
Security prior to the date on which the contract takes effect.
2. Based on scale, nature of project, the value of
a Performance Security shall be stipulated in the Bid Documents, Requests for
Proposals at a definite level of between 1% and 3% of total investment of
project.
3. The validity period of a Performance Security
shall be calculated from the day of officially signing contract until the date
works is completed and tested for acceptance or until the date conditions of
service provision guarantee are completed as prescribed in contract. In case of
extending the contract performance period, it must require the investor to
extend respectively validity period of Performance Security.
4. The investor shall not be entitled to the return
of the Performance Security in the following cases:
a) The investor refuses to perform the contract
after the date the contract takes effect;
b) The investor violates agreements in contract;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Chapter IX
RESPONSIBILITIES OF PARTIES IN SELECTION OF
BIDDERS/INVESTORS
Article 73. Responsibilities of the competent
person
1. To approve the plan on selection of bidder/
investor, except for case defined at point a Clause 1 Article 74 of this Law.
2. To resolve protests during selection of bidder/
investor.
3. To deal with breaches of bidding in accordance
with this Law and other relevant laws.
4. To cancel bid as prescribed at Clauses 2, 3 and
4 Article 17 of this Law.
5. To suspend bid, to refuse recognition of result
of selecting bidder/investor, or to declare invalidity to decisions of the
investor, the Procuring Entity when detecting violations of bidding or other
provisions of relevant law.
6. To inspect, supervise, monitor the work of
bidding and contract performance.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) To adjust tasks and competence of investor in
case of failing to meet legislation on bidding and requirements of project,
package;
b) To require the investor, the Procuring Entity to
supply dossiers, documents in order to serve the inspection, supervision,
monitoring, settlement of protests, handling of violations on bidding and works
defined at Clause 4 and clause 5 of this article;
c) To give opinions on handling of complex
circumstances at the proposal of the investor defined at point a clause 2
Article 86 of this Law.
8. For the selected investor, apart from provisions
at Clauses 1, 2, 3, 4, 5 and 6 of this Article, the competent person shall have
the following responsibilities:
a) To decide on selection of the Procuring Entity;
b) To approve Prequalification Document, result of
prequalification, Bid, Request for Proposals, result of investor selection;
c) To make a decision dealing with any exceptional
situation;
d) To sign and manage the contract performance;
dd) To cancel bid as prescribed at Clause 1 Article
17 of this Law;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
9. To decide on establishment of the Procuring
Entity with personnel satisfying the conditions as prescribed by this Law in
case of investor selection for recurrent procurement. If the personnel fails to
satisfy, the competent person must conduct selection of a professional bidding
organization to act as the Procuring Entity or to perform some of tasks of the
Procuring Entity.
10. To pay compensation for loss and damage to
relevant parties pursuant to this Law if such loss and damage was caused by the
competent person’s fault.
11. To make explanations for observance with
provisions in this article at the request of superior agencies, inspection
agencies, regulatory bodies on bidding activities.
12. To perform other tasks as prescribed in this
Law.
Article 74. Responsibilities of the investor
1. To approve contents during contractor selection
including:
a) Plan on selection of bidders in case where the
package is performed prior to decision on approving the project;
b) EOI request, Prequalification Document, short
list;
c) Bidding Documents, Request for Proposals;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Result of selection of bidders.
2. To sign or authorize for signing and manage the
contract performance with contractor.
3. To decide on establishment of the Procuring
Entity with personnel satisfying conditions as prescribed in this Law. If the
personnel fail to satisfy, it must conduct selection of a professional bidding
organization to act as the Procuring Entity or to perform some of tasks of the
Procuring Entity.
4. To make a decision dealing with any exceptional
situation.
5. To resolve protests during selection of bidders.
6. To maintain confidentiality of relevant
documents during selection of bidders.
7. To archive relevant information during selection
of bidders as prescribed by law on archival and regulations of Government.
8. To report the annual bidding work.
9. To pay compensation for loss and damage to
relevant parties pursuant to this Law if such loss and damage was caused by the
competent person’s fault.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
11. To be legally liable before law and competent
person for the process of selection of bidder.
12. To provide information, relevant documents and
make explanations on observance with provisions in this Article at the request
of superior agencies, inspection agencies, regulatory bodies on bidding
activities.
13. If the investor currently being the Procuring
Entity, the investor must take responsibilities specified in Article 75 of this
Law.
14. To perform other tasks as prescribed in this
Law.
Article 75. Responsibilities of the Procuring Entity
1. For contractor selection to perform packages of
project:
a) To conduct preparations for contractor
selection; to organize contractor selection, and to assess EOI responses,
Applications, Bids, Proposals;
b) To decide on establishment of expert group;
c) To request bidders to clarify their EOI
responses, Applications, Bids and Proposals during the process of dossier
assessment;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) To negotiate and finalize contract with bidder;
e) To pay compensation for loss and damage to
relevant parties pursuant to this Law if such loss and damage was caused by the
Procuring Entity’s fault;
g) To maintain confidentiality of relevant
documents during selection of bidders;
h) To ensure honesty, objectivity and impartiality
throughout the process of bidder selection;
i) To provide information to the bidding newspaper
and to the national bidding website; to provide information and relevant
documents and make explanations on observance with provisions in this Clause at
the request of competent person, investor, inspection agencies, regulatory
bodies on bidding activities;
k) To be legally liable before law and investor for
the process of selection of bidder.
2. For selection of tenders in recurrent
procurement, apart from provisions at points a, b, c, d, dd, e, g, h and i
Clause 1 this Article, the Procuring Entity must take the following
responsibilities:
a) To approve the Bid, Request for Proposals;
b) To approve the result of bidder selection;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) To make a decision dealing with any exceptional
situation;
dd) To resolve protests during selection of
bidders;
e) To cancel bid as prescribed at Clause 1 Article
17 of this Law;
g) To be legally liable before law and competent
person for the process of selection of bidder;
h) To archive relevant information during selection
of bidders as prescribed by law on archival and regulations of Government;
i) To provide information to the bidding newspaper
and to the national bidding website; to provide information and relevant
documents and make explanations on observance with provisions in this Clause at
the request of competent person, inspection agencies, regulatory bodies on bidding
activities;
k) To report the annual bidding work.
3. 3. For selection of investors:
a) To conduct preparations for investor selection;
to organize investor selection; to assess Applications, Bids, Proposals in
accordance with this Law;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) To request investors to clarify their
Applications, Bids and Proposals during the process of dossier assessment;
d) To submit for approval of Prequalification
Document, result of prequalification, Bid, Request for Proposals, result of
investor selection;
dd) To negotiate contract with investor;
e) To pay compensation for loss and damage to
relevant parties pursuant to this Law if such loss and damage was caused by the
Procuring Entity’s fault;
g) To maintain confidentiality of relevant
documents during selection of investors;
h) To archive relevant information during selection
of investors as prescribed by law on archival and regulations of Government;
i) To resolve protests during selection of
investor;
k) To ensure honesty, objectivity and impartiality
throughout the process of investor selection;
l) To provide information to the bidding newspaper
and to the national bidding website; to provide information and relevant
documents and make explanations on observance with provisions in this Clause at
the request of competent person, inspection agencies, regulatory bodies on
bidding activities.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 76. Responsibilities of the expert
groups
1. To be honest, objective and impartial throughout
the process of implementation of tasks.
2. To conduct assessments of EOI responses,
Applications, Bids, Proposals correctly in accordance with the requirements.
3. To report the Procuring Entity about result of
assessing EOI responses, Applications, Bids, Proposals and list of the ranked
bidders/investors.
4. To maintain confidentiality of relevant
documents during selection of bidders/investors.
5. To reserve their own opinions.
6. To pay compensation for loss and damage to
relevant parties pursuant to this Law if such loss and damage was caused by the
expert group’s fault.
7. To provide information, relevant documents and
make explanations on observance with provisions in this Article at the request
of competent person, the Procuring Entity, inspection agencies, regulatory
bodies on bidding activities.
8. To perform other tasks as prescribed in this
Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. To request the Procuring Entity to clarify
dossier of invitation for expression of interest, Prequalification Document,
Bid, Request for Proposals.
2. To fulfill the contractual undertakings provided
to the Subcontractors (if any).
3. To comply with the provisions of the law on
procurement.
4. To comply with the provisions of the law on
procurement.
5. To be honest and accurate during the process of
participation in bidding and while lodging protests or making complaints and
whistleblowing.
6. To pay compensation for loss and damage to
relevant parties pursuant to this Law if such loss and damage was caused by the
expert group’s fault.
7. To provide information, relevant documents and
make explanations on observance with provisions in this Article at the request
of competent person, the Procuring Entity, inspection agencies, regulatory
bodies on bidding activities.
8. To perform other duties in accordance with this
Law and other relevant laws.
To perform other duties in accordance with this
Law and other relevant laws.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. To request the investor and the Procuring Entity
to provide all relevant documents and data.
3. To maintain confidentiality of documents and
data throughout the process of evaluation.
4. To be honest, objective and impartial throughout
the process of evaluation.
5. To reserve their own opinion and to bear
liability for their evaluation report.
6. To pay compensation for loss and damage to
relevant parties pursuant to this Law if such loss and damage was caused by
their fault.
7. To provide information, relevant documents and
make explanations on observance with provisions in this Article at the request
of competent person, the investor, the Procuring Entity for recurrent
procurement, centralized procurement, inspection agencies, and regulatory
bodies on bidding activities.
8. To perform other tasks as prescribed in this
Law.
Article 79. Responsibilities of the Procuring
Entity in participation in National E-procurement System
In addition to responsibilities defined in Article
75 of this Law, the Procuring Entity participating in National E-procurement
System shall have the following responsibilities:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. To manage and not disclose secret key of the
granted digital certificate. In case where a Procuring Entity lost digital
certificate or detect the illegal use of digital certificate, it must notify
immediately to the provider of digital signature certification service for
cancelation and grant of new digital certificate; to expand the validity period
of digital certificate to ensure the digital certificate to be valid during the
process of bidding;
3. To be legally liable before law for accuracy and
honesty of information registered or published on National E-procurement System
when sign in by their digital signature;
4. To check and certify the publishing of their
information entered in National E-procurement System;
5. To comply with provisions of this Law and other
provisions of relevant legislation.
Article 80. Responsibilities of the bidders and
investors participating in National E-procurement System
In addition to responsibilities defined in Article
77 of this Law, the bidders and investors participating in National
E-procurement System also have the following responsibilities:
1. To equip an information technology
infrastructure when participating in bidding online;
2. To manage and not disclose secret key of the
granted digital certificate. If users of bidders or investors lost or detect
the third party’s use of their digital certificate, they must change the secret
key of digital certificate, cancel digital certificate under guide of the
provider of digital signature certification service; extend the validity term
of the digital certificate to ensure the digital certificate to be invalid
during the process of participation in bidding;
3. To be legally liable before law for accuracy and
honesty of information registered or published on National E-procurement System
when sign in by their digital certificate;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. To comply with provisions of this Law and other
provisions of relevant legislation.
Chapter X
STATE MANAGEMENT OF BIDDING ACTIVITIES
Article 81. Content of state management of
bidding activities
1. Promulgating, disseminating, propagating,
guiding and organizing implementation of legal documents and policies on
bidding.
2. Granting certificates of practicing in bidding
operation.
3. Managing the work of training and capacity
building on bidding.
4. Summarizing, assessing and reporting on the
status of implementation of bidding activities.
5. Administering on a nationwide basis the bidding
information system.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
7. Conducting international cooperation on bidding.
Article 82. Responsibilities of Government and
the Prime Minister
1. The Government shall exercise unified
administration of bidding throughout the country.
2. The Prime Minister shall discharge the following
responsibilities:
a) Make decisions on the bidding issues stipulated
in article 73 of this Law for projects under his competence;
b) Approve plan on selection of bidders/investors
in special cases;
c) Direct the work of conducting inspections and of
resolving complaints, whistleblowing and dealing with breaches of the law in
accordance with this Law and the other relevant law;
d) Discharge other responsibilities in accordance
with this Law and other relevant laws.
Article 83. Responsibilities of the Ministry of
Planning and Investment
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. In addition to provision at Clause 1 this
Article, the Ministry of Planning and Investment shall have the following
responsibilities:
a) To evaluate plans on selection of bidder/
investor in projects under the consideration and decision competence of the
Prime Minister;
b) To build up, manage, guide use of the national
bidding website and bidding newspaper;
c) To perform other tasks on bidding as assigned by
Government and the Prime Minister.
Article 84. Responsibilities of ministries,
ministerial equivalent bodies, and all level people's committees
Ministries, ministerial equivalent bodies, and all
level people's committees shall, within their tasks and powers, have the following
responsibilities:
1. To exercise administration of bidding work;
2. To summarize, assess and report on the status of
implementation of bidding activities
3. To resolve protests regarding bidding;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. To organize the capacity building of bidding
knowledge for cadres, civil servants and public employees engaged in bidding
work;
6. In cases where a minister, head of a ministerial
equivalent body or chairman of a people's committee at any level is
concurrently the authorized person, then such minister, head or chairman must
also discharge the responsibilities stipulated in article 73 of this Law; if
being investor, he must also discharge the responsibilities stipulated in
article 74 of this Law.
Article 85. Responsibilities of the organization
operating National E-procurement System
1. To manage and operate National E-procurement
System.
2. To maintain confidentiality of documents and
data throughout the process of bidding through net work in accordance with
regulations.
3. To supply services to guide investors, the
Procuring Entity, bidders/investors in bidding online, and registering, publishing
information on National E-procurement System.
4. To save information in serve of searching,
monitoring, supervising, checking, inspecting and auditing.
5. To publish conditions on information technology
infrastructure of users when participating in bidding online.
Article 86. Dealing with exceptional situations
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Ensuring competitiveness, fairness, transparency
and economic efficiency;
b) Acting on the basis of the approved plan on
selection of bidder/ investor, EOI requests, Prequalification Documents,
Bidding Documents, Request for Proposals, EOI responses, Applications, Bids,
Proposals; result of selection of bidder/ investor; the contract signed with
selected bidder/investor; practical situation of performance of packages and
projects.
2. Competencies for dealing with exceptional
situations in bidding:
a) For contractor selection to perform packages of
project, the person making decision to deal with exceptional situations is
investor. In complex cases, the investor may make decision on dealing with
exceptional situations after consulting the competent person;
b) For selection of tenders in recurrent
procurement, centralized procurement, the person making decision to deal with
exceptional situations is the Procuring Entity;
b) For selection of tenders in recurrent
procurement, centralized procurement, the person making decision to deal with
exceptional situations is the Procuring Entity;
3. The Government shall elaborate this Article.
Article 87. Inspection, examination and
supervision of bidding activities
1. Inspection of bidding activities:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The bidding Inspectorate shall be the
specialized inspectorate for the bidding sector. The organization and
operations of the bidding Inspectorate shall be performed in accordance with
the law on inspections.
2. Checks of bidding activities:
a) Checks of bidding activities include: checks of
promulgation of documents guiding on bidding of Ministries, sectors, localities
and enterprises; checks of training on bidding, checks of formulation and
approval of plan on selection of bidder/ investor; checks of selection of
bidder/ investor; conclusion in contracts and other activities involving
bidding;
b) Checks of bidding shall be conducted regularly
or irregularly under decisions on the heads of agencies competent to check.
3. Supervision of bidding activities:
Supervision of bidding activities is regular
work of the competent person aiming to ensure the observance of process of
selection of bidder and investor with this Law.
4. The Government shall elaborate this Article.
Article 88. Complaints and
whistleblowing
The making of complaints and whistleblowing and the
resolution of such complaints and whistleblowing on bidding shall be performed
in accordance with the law on complaints and whistleblowing.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
FRAUD AND CORRUPTION AND ACTIONS TAKEN
Article 89. Fraud and Corruption
1. Corrupt practice.
2. Take advantage of positions, powers aiming to
interfere illegally in a bidding process.
3. Collusive practice, including the following
acts:
a) Agreeing on bidding withdrawal or withdrawal of
Letter of Bid already been submitted so that one party or parties in agreement
win bid;
b) Agreeing to let one or many parties to prepare
Bid for parties of bidding so that one party may win bid;
c) Agreeing on refusal for goods provision, refusal
for signing contract of Subcontractor, or forms which cause other difficulties
to parties which refuse to participate in agreement.
4. 4. Fraudulent practice, including the following
acts:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Individuals who personally assess EOI responses,
Applications, Bids, Proposals, evaluate result of selection of short list,
result of selection of investor, bidder, intentionally providing wrong report
or untrue information falsifying the result of selection of bidders/investors.
c) Bidders/investors intentionally provide
dishonest information in EOI responses, Prequalification Application, Bids, and
Proposals falsifying the result of selection of bidders/investors.
5. Interference practice, including the following
acts:
a) Destroying, cheating, changing, hiding proof or
reporting contrary to the truth; threatening, disturbing or suggesting with any
party with the aim to prevent the clarification of acts of handing, taking,
brokerage of bribes, fraudulence or conclusion with functional agencies,
authorized agencies in conducting supervisions, checks, inspections and audit;
b) Impeding bidder/investors, authorities in charge
of supervision, inspection and audit.
6. Inequality and intransparency, including the
following acts:
a) Making a bid as a bidder/investor in a
procurement, project for which it is also the Procuring Entity, investor or
person performing tasks of the Procuring Entity, investor;
b) Formulating and engaging in evaluation of
dossier of invitation for expression of interest, Prequalification Document,
Bid, Request for Proposals for a same procurement, project;
c) Engaging in evaluation of Bids, Proposals,
concurrently evaluate result of selection of bidder/ investor for a same
package, project;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
dd) Participation by a bidder in bidding for goods
procurement, works in a procurement for which such participant previously has
provided consulting services;
e) Provision of one's name as the bidder for a
procurement belonging to a project of an organization or body for which such
person worked, within a period of 12 months from the date on which such person
ceased to work for such body or organization;
g) Being consulting bidder for supervision
concurrently providing the verification consulting for the procurement which is
under supervision of bidder;
g) Being consulting bidder for supervision
concurrently providing the verification consulting for the procurement which is
under supervision of bidder;
i) Imposition of specific requirements regarding
brand names and country of origin of goods in Bid Documents applicable to
procurement for procurement of goods, for works and mixed packages when
applying forms of competitive bidding, limited bidding;
k) Division of a project, estimate for procurement
into packages contrary to the provisions in this Law with the aim to apply
Direct Contracting or limit participation of bidders.
7. Disclosure, receipt of the following data and
information regarding selection of bidder/ investor, except for cases defined
at point b clause 7 and point e clause 8 article 73, clause 12 Article 74,
point i Clause 1 Article 75, Clause 7 Article 76, Clause 7 Article 78, point d
Clause 2 and point d clause 4 Article 92 of this Law:
a) Contents of EOI requests, Prequalification
Documents, Bid Documents prior to the stipulated date for issuance of such
documents;
b) Contents of EOI responses, Applications, Bids,
Proposals, notebooks and minutes of bid consideration meetings, comments and
assessments regarding each dossier of expression of interest, dossier of
prequalification participation, Proposals prior to the announcement of the
short list, results of selection of bidder/ investor;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Reports by the Procuring Entity, by the expert
group, evaluation report, report of consulting bidder, report of relevant
specialized agencies during the process of selection of bidder/ investor prior
to announcement of the results of selection of bidder/ investor;
dd) Result of selection of bidder/ investor prior
to the stipulated time for announcement;
e) Other documents during the process of selection of
bidder/ investor which are stamped "confidential" as prescribed by
law.
8. Bid transfer including the following acts:
a) Contractor transfer to other contractor a part
of work under procurement at value of 10% or more (after deducting part of work
under responsibilities of Subcontractors) calculated on the signed Contract
Price;
b) The investor or supervision consulting accepts
for contractor to transfer work under duty of contractor, deducted part of work
under duty of Subcontractors as stated in contract.
9. Holding selection of bidder when the financing
source for the package has not yet been determined, resulting in insolvency of
the contractor.
Article 90. Actions against violations
1. Any organization or individual who breaches the
law on procurement and other relevant law shall, depending on the nature and
seriousness of violation, be disciplined, sanctioned administratively or liable
to criminal prosecution; in case where violation of law on procurement causes
damages to benefits of state, the lawful rights and benefits of organizations
and individuals, the offender must pay compensation as prescribed by law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Competence of banning participation in bidding
activities is prescribed as follows:
a) The competent persons shall issue decisions on
banning participation in bidding activities for projects, estimate of
procurement under their management; case of serious violation, they may suggest
the Ministers, Heads of ministerial-level agencies, chairpersons of the
People’s Committees of provinces or central-affiliated cities to issue decision
on banning participation in bidding activities within management of Ministries,
sectors and localities or suggest the Minister of Planning and Investment to
issue decisions on banning participation in bidding activities nationwide;
b) The Ministers, Heads of ministerial-level
agencies, chairpersons of the People’s Committees of provinces or
central-affiliated cities shall issue decisions on banning participation in
bidding activities within management of their Ministries, sectors and
localities for cases suggested by the competent persons as prescribed at point
a this Clause;
c) The Minister of Planning and Investment shall
issue decisions on banning participation in bidding activities nationwide for
cases suggested by the competent persons as prescribed at point a this Clause.
4. Disclosure of actions against violations:
a) Decisions on actions against violations must be
sent to the dealt organizations and individuals, the relevant agencies and
organizations, concurrently be sent to the Ministry of Planning and Investment
for monitoring and summing up;
b) Decisions on actions against violations must be
published on bidding newspaper, National E-procurement System.
5. The Government shall elaborate this Article.
Chapter XII
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Section 1. RESOLUTION OF PROTESTS REGARDING
BIDDING
Article 91. Resolution of protests regarding
bidding
1. When consider that lawful rights and benefits
are severely affected, the contractors and investors have rights:
a) To make protests to the Procuring Entity,
investor, competent person about matters during selection of bidder/ investor;
result of selection of bidder/ investor according to the process of resolution
of protests specified in Article 92 of this Law;
b) To institute court proceedings at any time,
including time of resolution of protests or after having result of resolution
of protests.
2. In case where bidders/investors instituted court
proceedings, they are not entitled to send protest to the Procuring Entity,
investor, or the competent person. If in the process of resolution of protests,
bidders/investors instituted court proceedings, the resolution of protests
shall be terminated immediately.
Article 92. The process of
resolution of protests
1. The process of resolution of protests regarding
matters during selection of bidders shall be performed as follows:
a) A contractor may send a written protest to the
investor for project; the Procuring Entity for recurrent procurement,
centralized procurement since happening matters and prior to having notice of
result of bidder selection;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) If the investor, the Procuring Entity has no
document to resolve the protest or if the bidder disagrees with the result of
resolution of protest, the bidder shall have the right to lodge the protest
with the authorized person within 05 working days, as from the expired day of
replying or day of receiving document of resolution of protest made by
investor, the Procuring Entity;
d) The authorized person shall be responsible to
resolve a protest made by a bidder within a time limit of 15 working days from
the date of receipt of the written protest of the bidder.
2. The process of resolution of protests regarding
result of selection of bidders shall be performed as follows:
a) A bidder may send a written protest to the
investor for project; the Procuring Entity for recurrent procurement,
centralized procurement in period of 10 days after having notice of result of
bidder selection;
b) The investor, the Procuring Entity shall be
responsible to have a document to resolve a protest made by a bidder within a
time limit of 07 working days from the date of receipt of the written protest
of the bidder;
c) If the investor, the Procuring Entity has no
document to resolve the protest or if the bidder disagrees with the result of
resolution of protest, the bidder shall have the right to lodge the protest
with the authorized person and the Consulting Council for resolution of
protests within 05 working days, as from the expired day of replying or day of
receiving document of resolution of protest made by investor, the Procuring
Entity. The Minister of Planning and Investment shall establish a Consulting
Council for Resolution of Protests at central level; the Ministers, Deputy
Ministers of Ministerial agencies shall establish the Councils at ministerial
level; the heads of regulatory bodies on bidding at localities shall establish
the Councils at local level;
d) When receiving written protest, the Consulting
Councils for Resolution of Protests shall be entitled to request the bidders,
investors, the Procuring Entity and relevant agencies for information provision
in order to consider and have written report to the competent person about the
plan and content or replying protest within 20 days, after receiving the
written protest made by the bidder;
dd) In necessary case, the Consulting Councils for
Resolution of Protests shall, based on the written protest made by the bidder,
suggest the competent person to consider for temporary suspension of the bid. If
accepting, within 05 working days, after receiving the document of the
Consulting Council for Resolution of Protests, the competent person shall issue
a written notice about temporary suspension of the bid. The document of
temporary suspension of the bid must be sent to the investor, the Procuring
Entity, bidder within 03 working days after issuing the written notice about
temporary suspension of the bid. Duration of temporary suspension of the bid
shall be calculated from the date the investor, the Procuring Entity receive
the notice of temporary suspension until the competent person issues a document
to resolve protest;
e) The competent person shall issue decision on
resolution of protest regarding result of selection of bidder within 05 working
days, after receiving the written opinion of the Consulting Council for
Resolution of Protests.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) The investor may send a written protest to the
Procuring Entity as from happening events and prior to having notice of result
of selection of investor;
b) The Procuring Entity shall be responsible to
have a document to resolve a protest made by an investor within a time limit of
15 days from the date of receipt of the written protest of the investor;
c) If the Procuring Entity has no document to
resolve the protest or if the investor disagrees with the result of resolution
of protest, the investor shall have the right to lodge the protest with the
authorized person within 05 working days, as from the expired day of replying
or day of receiving document of resolution of protest made by the Procuring
Entity;
d) The authorized person shall be responsible to
resolve a protest made by an investor within a time limit of 05 working days
from the date of receipt of the written protest of the investor.
4. The process of resolution of protests regarding
result of selection of investor shall be performed as follows:
a) An investor may send a written protest to the
Procuring Entity in period of 10 days after having notice of result of investor
selection;
b) The Procuring Entity shall be responsible to
have a document to resolve a protest made by an investor within a time limit of
15 days from the date of receipt of the written protest of the investor;
c) If the Procuring Entity has no document to
resolve the protest or if the investor disagrees with the result of resolution
of protest, the investor shall have the right to lodge the protest with the
authorized person and the Consulting Council for resolution of protests within
05 working days, as from the expired day of replying or day of receiving document
of resolution of protest made by the Procuring Entity;
d) When receiving written protest, the Consulting
Councils for Resolution of Protests shall be entitled to request the investors,
the Procuring Entity and relevant agencies for information provision in order
to consider and have written report to the competent person about the plan and
content or replying protest within 30 days, after receiving the written protest
made by the investor;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e) The competent person shall issue decision on
resolution of protest regarding result of selection of investor within 10 days,
after receiving the written opinion of the Consulting Council for Resolution of
Protests.
5. If a bidder or investor sends a written protest
directly to the competent person without observance with the processes of
resolution of protests specified in this Article, such written protest shall
not be considered for settlement.
6. The Government shall elaborate this Article.
Section 2. RESOLUTION OF DISPUTES IN BIDDING BY
COURTS
Article 93. The principles of
resolution
Resolution of disputes in bidding by courts shall
comply with law on civil procedures.
Article 94. The right to request Court for
application of temporary emergency measures
When instituting, parties have the right to request
the Court for immediate temporary suspension of bid disclosure; approval of
short list; approval of result of selection of bidder/ investor; conclusion in
a contract; performance of contract, and other temporary emergency measures as
prescribed by law.
Chapter XIII
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 95. Effect
1. This Law comes into force from July 01, 2014.
2. The Law on Procurement No. 61/2005/QH11 shall
cease to be effective on the effective date of this Law.
3. To annul section 1 Chapter VI of the
Construction Law No. 16/2003/QH11 and Article 2 of the Law amending certain
Articles of the laws concerning capital construction investment No.
38/2009/QH12.
Article 96. Elaboration
The Government shall elaborate Articles, Clauses as
assigned in this Law./.
CERTIFIED BY
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[1] Preludes to Law No.
03/2016/QH14 amending Article 6 and Annex 4 – List of conditional business
lines stipulated in the law on Investment:
“Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly hereby issues
the Law on amendments to Article 6 and Annex 4 on the list of conditional
business lines stipulated in the law on Investment No. 67/2014/QH13.”.
Preludes to the Law on providing
assistance for small and medium-sized enterprises No. 04/2017/QH14:
“Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly promulgates
Law on providing assistance for small and medium-sized enterprises.”.
Preludes to the Architecture Law No.
40/2019/QH14:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The National Assembly hereby
promulgates the Law on Architecture.”.
Preludes to the Law on Public –
Private Partnership Investment No. 64/2020/QH14:
“Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on Public – Private Partnership Investment.”.
Preludes to the Law No.
03/2022/QH15amending certain Articles of the Law on Public Investment, the Law
on Public-Private Partnership Investment, the Law on Investment, the Law on
Housing, the Law on Procurement, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement:
“Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly promulgates
the Law on amendments to certain articles of the Law on Public Investment No.
39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and the Law No.
72/2020/QH14; the Law on Public-Private Partnership Investment No.
64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the
Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by
the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the
Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by
the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14
and the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11, which is
amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law on
Enterprises No. 59/2020/QH14; the Law on Special Excise Duties No.
27/2008/QH12, which is amended by the Law No. 70/2014/QH13, Law No.
71/2014/QH13 and the Law No. 106/2016/QH13; the Law on Civil Judgment
Enforcement No. 26/2008/QH12, which is amended by the Law No. 64/2014/QH13, Law
No. 23/2018/QH14 and the Law No. 67/2020/QH14.”.
[2] This Clause is amended as
prescribed in Point a Clause 1 Article 99 of the Law on Public - Private
Partnership Investment No. 64/2020/QH14, which comes into force from January
01, 2021;
[3] This Clause is amended as
prescribed in Point b Clause 1 Article 99 of the Law on Public - Private
Partnership Investment No. 64/2020/QH14, which comes into force from January
01, 2021;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[5] This Clause is amended as
prescribed in Point d Clause 1 Article 99 of the Law on Public - Private
Partnership Investment No. 64/2020/QH14, which comes into force from January
01, 2021;
[2] This Clause is amended as
prescribed in Point dd Clause 1 Article 99 of the Law on Public - Private
Partnership Investment No. 64/2020/QH14, which comes into force from January
01, 2021;
[7] This Clause is amended as
prescribed in Point e Clause 1 Article 99 of the Law on Public - Private
Partnership Investment No. 64/2020/QH14, which comes into force from January
01, 2021;
[8] This Point is amended as
prescribed in Clause 2 Article 33 of the Law on Provision of Assistance for
Small and Medium-sized enterprises No. 04/2017/QH14 dated June 12, 2017 of the
National Assembly, which comes into force from January 01, 2018.
[9] This Clause is amended as
prescribed in Point g Clause 1 Article 99 of Law on Public - Private
Partnership Investment No. 64/2020/QH14, which comes into force from January
01, 2021;
[10] This Clause is annulled as
prescribed in Point a Clause 3 Article 2 of Law No. 03/2016/QH14 amending
Article 6 and Appendix 4 on the List of conditional business lines of the Law
on Procurement, which comes into force from January 01, 2017;
[11] The Phrase “or being
selected" is annulled as prescribed in Clause 4 Article 39 of the
Architecture Law No. 40/2019/QH14, which comes into force from July 01, 2020.
[12] This Article is amended as
prescribed in Clause 1 Article 5 of Law No. 03/2022/QH15 dated January 11, 2022
of the National Assembly amending certain Articles of the Law on Public
Investment, the Law Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Procurement, the Law on Electricity,
the Law on Enterprises, the Law on Excise Duties and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
[13] This Point is amended as
prescribed in Clause 2 Article 5 of Law No. 03/2022/QH15 dated January 11, 2022
of the National Assembly amending certain Articles of the Law on Public
Investment, the Law Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Procurement, the Law on Electricity,
the Law on Enterprises, the Law on Excise Duties and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[15] Article 2 of Law No. 03/2016/QH14
amending Article 6 and Appendix 4 on the List of conditional business lines of
the Law on Procurement, which comes into force from January 01, 2017 is
prescribed as follows:
“Article 2
1. This Law enters into force from
January 01, 2017, except for clause 2 of this Article.
2. The following conditional
business lines take effect from July 01, 2017:
a) Sale of equipment and camouflage
software used for sound and video recording and positioning;
b) Manufacture, assembly and import
of automobiles.
The Government shall stipulate
transitional provisions applicable to entities operating in lines of business
specified in this clause.
3. The following articles and clauses
shall be abrogated:
a) Clause 1 Article 19 of the
Procurement Law No.43/2013/QH13;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 34 and Article 35 of the Law
on providing assistance for small and medium-sized enterprises No. 04/2017/QH14,
which comes into force from January 01, 2018:
“Article 34. Effect
This Law comes into force from
January 01, 2018.
Article 35. Transition
provisions
1. From the day on which this Law
comes into force, activities of the assistance for SMEs carried out before this
Law comes into force shall be carried on according to approved contents,
programs and plans; an SME which is entitled to assistance prescribed in this
Law shall comply with regulations of this Law.
2. From the day on which this Law
comes into force, the commitments of the SME development fund before this Law
comes into force shall be carried on unless otherwise agreed by parties.”.
Article 40 and Article 41 of the
Architecture Law No. 40/2019/QH14, which comes into force from July 01, 2020:
“Article 40. Effect
This Law comes into force from July
01, 2020.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Regulations on management of
urban planning and architecture already approved under the provisions of the
Law on Urban Planning prior to the entry into force of this Law may be continue
to exist till end of December 31, 2021.
2. Construction architectural
design tests or selections governed under the provisions of the Law on
Construction with the selection plan already approved prior to the entry into
force of this Law may be continued to exist till end of December 31, 2021.
3. Construction practicing
certificate granted a person providing construction architectural design and
construction architectural design evaluation services under law on construction
may be valid till end of the expiry date, unless otherwise prescribed in clause
4 of this Article.
4. If construction practicing
certificate granted a person providing construction architectural design and
construction architectural design evaluation services expires within the period
from July 1, 2020 to end of December 31, 2020, it may be continued to exist
till end of December 31, 2020; in case of being lost or damaged, it will be
reissued in accordance with law on construction.”.
Article 100 and Article 101 of the Law
on Public – Private Partnership Investment No. 64/2020/QH14, which comes into
force from January 01, 2021:
“Article 100. Effect
1. This Law shall enter into force
on January 1, 2021, except the regulations specified in Clause 6 of Article 101
herein.
2. The Government and competent
regulatory authorities shall elaborate on Clauses and Articles set forth in
this Law.
Article 101. Transition
provisions
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) In case where
an investment policy decision has been made by a competent authority before the
effective date of this Law, the next steps shall be taken in accordance with
this Law. In case where the investment policy needs to be adjusted, regulations
laid down in Article 18 herein shall be observed;
b) In case where
the feasibility study report has been approved by a competent authority before
the effective date of this Law, next steps shall be taken in accordance with
this Law without having to go through the project approval procedures as per
this Law; the contents specified in Clause 6 of Article 23 of this Law must be
additionally approved in case investor selection has not yet been organized;
c) As for projects
falling into the cases specified at Points a and b of this Clause, if the state
capital contribution ratio in a PPP project is greater than the rate specified
in Clause 2 of Article 69 of this Law, any adjustment in the state capital
ratio shall not be required.
2. Projects that
are not in the sectors specified in Clause 1 of Article 4 of this Law or fail
to meet the minimum total investment requirements specified in Clause 2 of
Article 4 of this Law, and projects without the prequalification requirement in
which investor prequalification results have not been approved yet or the
invitations for bid or requests for proposal have not yet been issued, until
the effective date of this Law shall be halted.
3. PPP projects in
which investor selection is occurring shall be subject to the following
regulations:
a) In case where
their investor prequalification results have been approved before the effective
date of this Law, they may be continued in accordance with this Law;
b) In case where
the invitation for bid or the request for proposal has been issued before the
effective date of this Law but the bid is closed after December 31, 2020, the
bid solicitor shall be responsible for extending the bid closing time to
improve the invitation for bid or the request for proposal in accordance with
this Law provided that such action does not result in any adjustment of the
approved investment policy and feasibility study report;
c) In case where
the results of investor selection are available, but the contract negotiation
and conclusion happens after the effective date of this Law, the contracting
authority shall negotiate and sign the contract, based on the results of
investor selection, bidding documents, proposal, invitation for bid and request
for proposal in accordance with this Law without resulting in any adjustment in
the approved investment policy and feasibility study report.
4. Project
contracts signed before the effective date of this Law may continue to be
executed under contractual terms and conditions.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Projects where bidding documents or requests for
proposal have not been issued yet shall be suspended; in case where bidding
documents or requests for proposal have already been issued, they shall be
continued based on the invitations for bid, requests for proposals and legislative
regulations at the time of issuance of these invitations for bid or requests
for proposal;
b) With regard to projects where investor selection
results are obtained before the effective date of this Law, the contracting
authority shall negotiate and sign the contract, based on the results of
investor selection, bidding documents, proposals, invitations for bid and
requests for proposal, and legislative regulations valid at the time of
issuance of invitations for bid or requests for proposal;
c) For projects which have signed contracts before the
effective date of this Law, project execution and payment under regulations of
BT contracts and legislative regulations valid at the time of contract
conclusion shall be continued;
d) Implementation of new BT projects shall be
disapproved.
6. Implementation of the projects under BT contracts
that have not been approved for investment policy yet shall be suspended from
August 15, 2020.
7. The Government shall elaborate this Article.”.
Article 10 and
Article 11 of the Law No. 03/2022/QH15 amending certain Articles of the Law on
Public Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Procurement, the Law on Electricity,
the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil
Judgment Enforcement:
“Article 10.
Effect
This Law comes
into force from March 01, 2022.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Regarding public projects of
group B, group C using ODA funds and other preferential borrowings from foreign
sponsors that the Prime Minister approves the investment policy before the date
of entry into force of this Law and the case in clause 2 of this Article, the
agency or person accorded authority to make decisions on investment policy
specified in Article 1 of this Law is also accorded authority to adjust the
investment policy.
2. Regarding public projects of
group B, group C using ODA funds and other preferential borrowings from foreign
sponsors that complete procedures for preparation, appraisal and obtain a
written appraisal that forms the basis for decision on investment policy or
adjustment to investment policy as prescribed in Article 25 and Article 34 of
the Law on Public Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14
and Law No. 72/2020/QH14 before the date of entry into force of this Law, they
will continue to seek decision from the Prime Minister as per the Law on Public
Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14 and Law No.
72/2020/QH14.
3. From the date of entry into
force of this Law, with regard to valid applications for approval for or
adjustment to investment guidelines regarding investment projects on
construction of residential housing (for sale, lease or lease purchase) and
urban areas subject to approval for investment guidelines of the Prime Minister
as prescribed in Article 31 of the Law on Investment No. 61/2020/QH14, amended
by the Law No. 72/2020/QH14, now subject to approval for investment guidelines
of the People’s Committee of province as established in Article 3 of this Law,
if any application mentioned above has been received but the processing result
has not been received though the processing time goes beyond the time limit as
prescribed in the Law on Investment No. 61/2020/QH14, amended by the Law No.
72/2020/QH14, then further comply with the Law on Investment No. 61/2020/QH14,
amended by the Law No. 72/2020/QH14.
4. With regard to valid
applications for approval for investment guidelines and approval for investor
and adjustments to investment guidelines regarding investment projects on
commercial housing in case the investor has the right to use the residential
land or residential land and other types of land, if any application mentioned
above has been received before the date of entry into force of this Law but it
remains incompletely processed, then further comply with Article 4 of this Law
and relevant laws.
5. From the date of
entry into force of this Law, the judgment that remains unenforced or
incompletely enforced shall comply with this Law; decisions made of or actions
performed by civil enforcement agencies, executors in accordance with the Law
on civil enforcement No. 26/2008/QH12, amended by the Law No. 64/2014/QH13, the
Law No. 23/2018/QH14 and the Law No. 67/2020/QH14 remain valid and may proceed
further.”.