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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
60-BXD/VKT
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Hanoi,
March 30, 1994
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DECISION
ON THE ISSUANCE OF THE STATUTE ON CONSTRUCTION AND ASSEMBLY
BIDDING THE MINISTER OF CONSTRUCTION
Pursuant to Decree No.1 5-CP
on March 4, 1994 of the Government defining the functions, tasks, power and
organizational structure of the Ministry of Construction;
Pursuant to Decree No. 15-CP on May 2, 1993 of the Government defining the
tasks, power and State management responsibility of the ministries and
ministerial-level organs;
With a view to improving the pricing and budgeting work in order to improve
managerial work, fight against waste, losses and other negative aspects in
investment and building as instructed by Decision No. 92-TTg on March 7, 1994
of the Prime Minister of the Government;
DECIDES:
Article 1.-
To issue in conjunction with this Decision the Statute on
Construction and Assembly Bidding in replacement of the Statute on Construction
Bidding issued in conjunction with Decision No.24-BXD/VKT on February 12, 1990
of the Ministry of Construction.
Article 2.-
This Statute takes effect throughout the country as from
April 1st, 1994.
Article 3.-
The Ministries, the State Commissions, the agencies
attached to the Central Government and the People's Committees of the provinces
and cities directly attached to the Central Government shall popularize this
Decision, guide and organize the implementation of the modalities in
construction and assembly bidding in accordance with this Statute.
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THE
MINISTER OF CONSTRUCTION
Ngo Xuan Loc
STATUTE
ON CONSTRUCTION AND ASSEMBLY BIDDING
(issued
in conjunction with Decision No. 60-BXD/VKT on March 30, 1994 of the Minister
of Construction)
This Statute defines the
modalities for construction and assembly bidding at all State-owned building
projects (including projects funded by the State Budget, credit fund, self-supplemented
fund of the State-owned businesses). This Statute also applies to the projects
directly funded by foreign investments, non-State projects (including projects
of private businesses, businesses founded by virtue of the Corporate Law, or
cooperatives...) if bidding for building and assembly is to be held.
I. GENERAL
PROVISIONS
Article 1.-
Types of building and assembly projects:
1. The State-owned building
projects shall have to organize bidding for construction and assembly before
starting, except for the following categories which are allowed to adopt the
construction and assembly bidding modalities provided for in Part III of this
Statute or according to the regime of designation in construction and assembly
bidding:
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- Projects for research and
experimentation purposes;
- Projects to be urgently built
in case of natural disasters or damage caused by enemy actions;
- Projects of small construction
and assembly value (below 100,000,000 VND);
- Some other special projects
the bidding for which is designated by the Government.
- Projects of a special
character of some branches of activity which have received permission from the
Prime Minister of the Government.
The investment administrator and
the financial institution or the banks at different echelons shall not supply
capital or grant loans to the projects in which the investor arbitrarily awards
contracts in contravention of the above stipulations. At the same time they
shall handle related questions depending on the seriousness of the violation by
the investor.
2. Bidding for construction and
assembly may be held for the whole project or each part of the project,
depending on the size, character and type and concrete conditions of each
project.
- Bidding for construction and
assembly of the whole project shall be held for small-sized projects.
- Bidding for the construction
and assembly of each part of the project may be held for projects above the
average norm. In particular, with regard to very large projects, bidding may be
held for each category of work with a large volume of construction and assembly
(ground leveling, foundation, pile driving...).
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1. Complete supply of the design
dossier and approved cost estimate of the bidding project.
- In regard to small-size
projects, the tenderer must submit the necessary technical design dossier and
construction design (or technical design and construction blueprint in case of
a project requiring complicated techniques), total cost estimates and the cost
estimates of each part of the project already approved by the authorized
echelon.
- In regard to large projects,
he must submit the already approved technical design dossier and total cost
estimates. In case bidding is tendered for each part of the project, each part
must be provided with the construction blue-print and the estimated cost of
construction and assembly already approved by the authorized echelon. In
special cases when a project has not gathered all the conditions for
establishing the total cost estimates but some parts of the project need to be
constructed, the cost estimates of each of these parts must be subject to
approval of the investment administrator.
2. Guarantee of sufficient
capital to make payments according to the contract:
- In regard to a project funded
by the budget, the project must be listed in the capital construction plan of
the ministry or the locality.
The Planning, Fiscal and Banking
organs at various echelons shall supply the necessary capital (or loans) as
construction and assembly progress according to the approved economic and
technical feasibility plan or technical design of these projects.
- In regard to the projects
funded by the self-supplemented capital of the business or by the credit fund,
the investor shall discuss with the Bank to determine the existing capital and
the lending capability of the Bank (where the investor opens his account).
- In regard to the projects
funded by different sources of capital, these sources must be certified by the
managerial organ of each of these sources.
- In regard to the projects
funded by capital mobilized from the population, there must be a commitment to
payment by the mobilizing organization, such a commitment have been certified by
the administration at the province or city level (or district level in regard
to a small project) and the guarantee of the bank where the mobilizing
organization carries out its transactions.
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If it is determined that the
necessary capital can be mobilized only after a certain period of time, the
investor still can organize the bidding but he must clearly specify this in the
tendering notice so that the prospective contractors could evaluate their
capabilities before joining the bidding.
3. Having prepared the
construction ground on which compensations have been made for the land and
crops (for the whole or part of the ground depending on the tempo of
construction); having the permit for land use and the permit of construction as
prescribed by current regulations of the State.
4. Having prepared all the
necessary dossiers for the tender.
Article 3.-
The tenderer:
1. The unit which organizes
construction and assembly bidding (tenderer) is the investor or the general
contractor (who subcontracts a number of installations in the project or part
of the construction volume).
2. The investment administrator
shall not replace the investor in organizing the bidding but has only the
responsibility to:
- Examine the decision of the
investor;
- Allocate the capital to the
investor and assign him with the responsibility to preserve and develop the
capital;
- Guide, supervise and control
the preparations of adequate conditions by the investor before holding the
bidding;
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- Supervise and control the
execution of the task by the investor and handle cases of non-compliance.
Article 4.-
Tender dossier:
1. The tender dossier comprises
the following documents:
- Notice on the tender;
- Guidance to the bidding;
- Concrete terms of the
contract;
- Technical design and
construction blueprint, appendices on technical specifications, measurements,
quality and technical descriptions;
- Estimates for bidding prices
with listing of prices in the country and exchange rates (if any);
- Form of bidding application;
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- Form of contract;
- Form of guarantee of contract
execution;
- Supplementary documents (if
any).
2. The investor has the
responsibility to answer in writing or by telegram all questions related to the
tender dossier which the bidding units ask for explanation. These answers must
be sent to all bidding units.
3. At least 10 days before the
expiration of the date for the sending of the bidding application, the investor
may modify or supplement the tender dossier if he finds it really necessary.
These modifications and supplements must be communicated in writing or by
telegram to all the bidding units which have bought bidding dossiers. The
bidding units must expeditiously notify in writing or by telegram the investor
that they have received these modifications and supplements.
In case of major modifications
or supplements, the investor may extend the deadline for the filing of the
application but not longer than one third of the time-limit already stated in
the tender notice.
Article 5.-
Conditions for the bidding unit:
All construction and assembly
organizations are entitled to take part in a bidding if they meet the following
conditions:
1. They have a business permit
and an operation permit for construction business in conformity with the
professional qualification and area of operation issued by the authorized
echelon as prescribed by current State regulations (if it is a unit directly
under a licensed organization, it must have the mandatory certificate of this
organization). A licensed organization in construction business is entitled
only to send a bidding unit for a bidding project (either as direct participant
or a mandatory participant).
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3. In case of a bidding joint
venture, the parties to the joint venture must send a representative unit and
only one bidding application. The representative unit must list all the units
in the joint venture.
The joint venture units must
also fill the conditions stated at Point 1 and 2, Article 5, of this Statute
and take joint responsibility for the execution of the contract with the
investor (if they win the bid). Among the joint venture units there must be
economic contracts to clearly define the responsibilities and interests of each
unit.
4. Paying the bidding fee and
buying the tender dossier. The fee for each tender depends on the category of
the project but shall not exceed two million dong. The cost of the tender
dossier depends on the cost of compilation and printing of each tender and must
be clearly written in the tender notice.
5. Filling the bidding warranty
issued by a specialized bank valued at between 1% and 3% of the bidding price.
The bidding warranty must be submitted before the bidding opens and shall be
returned to the bidder if he does not win the bidding.
With regard to the winner, the
investor shall return him the warranty after he has signed the building
contract and submits the contract warranty as prescribed in Article 20 of this
Statute.
Article 6.-
Basis norms for participation in and examination of a
bidding:
1. Technique and quality:
- The bidding plans must meet
the technical requirements of the design dossier contained in the tender
dossier;
- It must ensure the quality and
provide guarantee for the project according to current regulations;
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a/ Price of bidding
participation:
- The price of bidding
participation is based on the volume of work stated in the cost estimates and
unit price proposed by the bidding participant;
The unit price of bidding
participation must be based on the price platform defined in the "Guidance
to Bidding" of the project. The setting of the price platform in the
"Guidance to Bidding" and the readjustment of prices must conform
with the regulations on the construction prices of the Government.
- The participating unit in the
bidding must list all the unit prices of the different types of work already
mentioned in the estimates. The investor shall not pay for any job the unit
price of which is not specified.
b/ Price of bidding examination:
The bidding examination price is
the ceiling price used as basis for bidding examination. It is determined by
the estimated value of the construction in the already approved total estimate
or the estimated value of each part of the project approved according to the
current regulations of the State, taking into account the concrete conditions
of each project (time of construction, capital and other specific conditions,
if any). The price for bidding examination is proposed by the investor and
submitted to the investment administrator for approval.
3. Time for completion of the
project:
Ensuring the construction tempo
already stated in the tender dossier.
Article 7.-
Bidding Examination Council:
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2. Composition of the Council
and the echelon authorized to decide on its formation:
The echelon which approves the
economic and technical feasibility plan shall decide on the formation of the
bidding examination council and shall nominate the chairman of this Council.
The Council comprises:
- The representative of the
echelon that examines and approves the economic and technical feasibility plan
of the project;
- The representative of the
investment administrator (if the examination and approval of the economic and
technical feasibility plan of the project is to be done by the Prime Minister).
- The investor;
- The representative of the
ministry or service specialized in construction management (depending on
whether the bidding project is managed by the central or local government);
- The representative of the bank
(if the project is funded by the lending source);
- The representative of the
planning and financial office (if the project is funded by the budget source).
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Article 8.-
Forms of bidding:
1. Broad bidding: The investor
makes wide publicity of the tender on the mass media with clear specification
of the conditions for the potential bidders so that the construction organizations
know and may take part in the bidding (if they fill the conditions).
2. Limited bidding: The investor
shall inform and invite a number of specialized and qualified construction
organizations (of the bidding project) or a prestigious construction unit to
join the bidding. The investor must report to the investment administrator and
the Ministry of Construction (or the Construction Service if the project is
managed by the local authorities) on the list of the construction units which
he intends to invite to the bidding. The investor shall send the tender only
after the above offices have agreed.
The limited bidding shall apply
only to large-scale projects with complicated technical requirements decided by
the echelon which examines and approves the economic and technical feasibility
plan.
Except the difference in the
tender notice, both the broad bidding and limited bidding shall conform to the
stipulations at Part II of this Statute concerning the contents and order of
the bidding.
II. ORDER OF THE
ORGANIZATION OF BIDDING IN CONSTRUCTION AND ASSEMBLY
Article 9.-
Preparing the tender dossier:
a/ To organize a tender for
construction, the investor must first of all prepare all the documents
stipulated at Article 4 of this Statute.
b/ Apart from the documents in
the tender dossier, the investor must do the following preparatory works:
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- To apply for a permit for
construction;
- To prepare the ground for
construction at the required tempo (including compensation for the land, crops,
house transfer, dismantling, leveling and filling);
- Calculating the price for
bidding examination and submit it to the authorized echelon for approval. This
price shall be used as basis for considering the price of the winning bidder.
It is not stated in the tender (confidential) so that the bidding units may
propose different prices in their competition.
Article 10.-
Registering the bidding:
1. Once the conditions have been
prepared for the bidding, the investor shall register the bidding with the
investment administrator and the ministry or service specialized in
construction management.
2. The specialized construction
management office has the responsibility to examine the procedures and
conditions for the organization of the bidding. If it finds that not all the
prescribed conditions have been met, it shall guide the investor to fill all
conditions before organizing the bidding.
Article 11.-
Tender notice:
After the specialized
construction management office has certified that all the procedures and
conditions for organizing the bidding have been met, the investor shall send
the tender notice. The notice must be published at least 30 days before the
opening of the bidding.
Article 12.-
Checking the conditions of the participating units:
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The investor has the
responsibility to check the conditions for the bidding units and choose those
units which meet the set conditions.
Article 13.-
Submitting the bidding dossier:
1. After checking the conditions
for the bidding units, the investor shall invite those units which meet the conditions
of bidding to buy the tender dossier, visit the construction site and inform
them of the deadline for the filing of the bidding and the time (with specified
hour) and place for the opening of the bidding.
All expenditures related to the
inquiry and compilation of the tender dossier shall be borne by the units
participating in the bidding (whether they win the bid or not).
During the process of examining
the tender dossier and visiting the construction site, the investor may
organize discussion and exchange of views with the participating units in the
bidding if they ask questions about the contents and requirements of the work
which are not yet clear to them.
2. After carefully inquiring
into and making adequate preparations for the dossier, the unit participating
in the bidding shall send to the investor the following documents:
- The sealed application for
bidding;
- A copy of the business license
and the construction operation permit;
- Presentation of the capability
of the participating unit and the similar projects which it has built in the
five years nearest to the time of the bidding and its on-going construction
projects;
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- An estimate of the price of
bidding;
- The guarantee for bidding
participation.
The whole bidding participation
dossier shall form an original dossier and the copies (the number of copies is
to be determined by the investor). Each dossier shall be contained in a large
envelope signed and sealed and sent to the address of the investor within the
time-limit written in the tender notice. The investor has the responsibility to
preserve the bidding dossier and shall not open the envelopes before the date
of the opening of the bidding.
Article 14.-
Effective time-limit of the bidding application:
In the bidding application there
must be stipulated the effective time-limit of the bidding application (not
shorter than 30 days after opening of the bidding). Past this time-limit when
receiving the winning notice, the winning unit may accept or not accept it
while still have the bidding guarantee returned to him.
In special cases, before the
expiration of the effective time-limit of the bidding application, the investor
may ask in writing the participating unit to extend this time-limit (by not
more than 10 days). The participating unit may accept or not this extension. In
case it accepts this extension in writing, all stipulations on payment and
guarantee of bidding shall continue to apply during the already extended
effective time-limit of the participating unit. If the participating unit does
not accept the extension, the investor still has to return to it the bidding
guarantee.
Article 15.-
Modifying and withdrawing the bidding dossier:
After sending its bidding
participation dossier, if it wants to modify or withdraw the dossier, the
participating unit must send a notice to the tenderer (specifying the contents
of the modification or the withdrawal) before the deadline for filing the
participating application stipulated in the tender notice. The contents of the
modifications shall be placed in a sealed envelope. The investor has the
responsibility to preserve and shall not open the envelope before the date of
the opening of the bidding. After the expiry of the dead-line for submitting
the application, the notice for modification or withdrawal of bidding
participation dossier shall not longer be effective.
Article 16.-
Opening the bidding:
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At the public opening of each
participating dossier, the Council reads the name of the participating unit,
the various documents in the dossier, the price offered for bidding, the
time-limit for completion, the written notices on the supplements,
modifications or withdrawal of the application (if any), the bidding guarantee
of each unit and the other details which the Council deems necessary to make
public.
- The whole proceedings of the
opening of the bidding must be recorded with full listing of the participants
and the signatures of all the present participating units.
Article 17.-
Choice of the winning unit:
The process of selecting the
winning unit shall proceed in the following order:
1. Examination of the dossiers
of the participating units:
a/ Examining the conformability
of the participating dossiers. All the unconformable dossiers shall be
eliminated right in this stage.
b/ In the process of examining
the participating dossiers, the Examination Council may request each
participating unit to explain the unclear points in its dossier. The requests
and answers shall be registered in written form. When necessary, the
Examination Council may directly inspect the conditions for participation in
the bidding stipulated in Article 5 of this Statute.
c/ Rectifying the errors in the
participating dossiers (if any).
While examining the
participating dossiers, if an error in calculation is discovered, the
Examination Council shall rectify this error and notify the participating unit.
If the latter does not accept these corrections, the application shall be
eliminated.
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The participating dossiers shall
be evaluated and compared on the basis of each basic norm mentioned in Article
6 of this Statute. These evaluations and comparisons shall be later
incorporated into a common evaluation and comparison based on all the three
norms.
The evaluation of each norm in
based on the following:
a/ Technical and quality norms:
- The level of satisfaction
concerning the technical and quality requirements set in the design dossier;
- The rationality of the
technical solutions and measures of construction;
- The compatibility of the
construction machines (quantity, types...) together with the specifications and
conditions of operation of each category of construction job;
- Guarantee of environmental
hygiene...
If a participating dossier fails
to meet first the technical and quality requirements raised in the design
dossier, there is no need to examine the other norms and the participating dossier
shall be eliminated.
b/ Norms about prices:
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- The correctness and
rationality of the unit prices of the various construction jobs;
- Price level.
c/ Time norms for the completion
of the project:
- Capability of ensuring the
tempo of construction stipulated in the tender dossier;
- The rationality of the tempo
of construction at different parts of the projects or interrelated kinds of
work;
- Capability of ensuring the
proposed tempo.
With regard to projects with
close and accurate demands on the time for the completion of the project, this
norm is the first basis to eliminate the non-conformable participating
dossiers.
The above norms are evaluated by
the method of rating. Depending on the requirements of each project, the
Examination Council shall define the amount of points for each norm in the
total of points used for evaluation (usually 100 points).
Apart from the three above basis
norms, some other auxiliary norms may also be considered, such as encouragement
to the use of advance techniques, the use of new materials, high-quality
materials, local materials, preference for the participating units in the
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All developments in the process
of examining and selecting the winning unit must be recorded and signed by all
members of the Examination Council.
3. Selecting the winning unit:
a/ For project above the average
norm:
Basing himself on the result of
the examinations by the Council, the Chairman of the Council shall file a
report (attached to the minutes of the Examination Council) to the investment
administrator for consideration and selection of the winning unit.
b/ For projects below the
average norm:
The Chairman of the Council
shall base himself on the result of the examination of the Council to decide
jointly with the investor the winning unit.
Article 18.-
Notification to the winning unit:
Before the expiry of the
effective time-limit of the participating units, the investor shall send to the
winning unit the winning notice accompanied by the draft construction contract
based on the documents in the tender dossier and the minutes of the
examinations which decided the winner.
Article 19.-
Signing the construction contract and deployment of the
construction according to the result of the examination of the bidding:
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2. The signing of the
construction contract must abide by the current statute on economic contract in
capital construction.
Article 20.-
Guarantee to implement the contract:
When signing the construction
contract, the winning unit must file the guarantee to implement the contract
issued by the Bank valued at 10% of the contract value.
Within the time-limit stated in
the notice on bidding to the winner, if the latter does not submit the
guarantee to implement the contract, he shall be regarded as having abandoned
the project and shall not be entitled to redeem his guarantee fee for
participation in the bidding. In this case the investor may select the bidding
unit ranking second to sign the contract or may organize another bidding.
Article 21.-
Handling cases of change of the winning norms:
In the process of implementation
of the contract, it is forbidden in principle to change the norms in winning
the bid (prices, volume, quality and term of construction). In the event of a
change in design approved by the investment administrator, the volume of
construction shall be readjusted according to the approved modified design, but
no change is allowed for the unit prices. In case of sudden change of prices,
the investor must together with the planning, financial and construction
offices re-examine the unit prices in order to readjust them.
Article 22.-
Modalities for payment and settling the accounts of the
project:
1. With regard to the projects
financed by advance capital:
- After signing the construction
and assembly contract, the investor shall advance to the contracting unit a sum
not smaller than 10% of the contract value (or of the value of the volume to be
achieved in the year if it is a major project) so that the latter may begin the
construction;
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- In case of delayed payment
according to the volume of work achieved in the month, the investor shall have
to pay also interest (according to the rate set by the bank) corresponding with
the sum and the duration of the delay.
2. Implementation of the package
contract price (i.e. no change in the price of contract at the time of final
settlement of the accounts of the project) if it is a project with a
construction time-limit of less than one year. In this case the investor may
advance up to 30% of the value of the project and make payment at the tempo to
be mutually agreed upon.
Article 23.-
Handling of cases of unsuccessful bidding:
After offering the tender, if on
the day of the scheduled opening of the bidding no unit registers to take part,
or if the registering units do not meet the bidding conditions, or if no
registering unit meets all the requirements as to the quality, time-limit and
prices, a new bidding must be organized and the investor must revise the
conditions and requirements listed in the tender dossier in order to make them
suitable and feasible.
III.
SELECTING AND APPOINTING CONTRACTOR FOR THE CONSTRUCTION AND ASSEMBLY OF
STATE-OWNED PROJECTS
Article 24.-
Requirements for the projects where the contractor is
selected:
Observance of the stipulations
in Article 2 of this Statute must be ensured before the selection of the
contractor if the project belongs to the category in which the contractor is to
be selected.
Article 25.-
Presentation of units to be selected as contractor:
1. After preparing all the
necessary conditions, the investor shall send to the ministry or service
specialized in the management of construction, communication and water
resources a document proposing the presentation of the units to take part in
the bidding together with the following documents:
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- Specification of the technical
design;
- Requirements in economic and
technical terms, time-table for construction and other requirements (if any).
2. On the basis of the documents
received from the investor, the ministry or service specialized in construction
shall present from three to five construction units to the investor.
3. The investor shall send the
dossier of the project to the construction units which have been presented. The
content of this dossier is similar to that of the tender dossier stipulated in
Article 5 of this Statute (except the form of bidding participation guarantee).
Article 26.-
Filing the dossier for participation in selection of
contractor:
The invited construction units
which agree to participate in the selection of the constructor shall make a
dossier for participation and send it to the investor at the right address and
in the prescribed time-limit. The contents of this participation dossier and
the formalities for filing the dossier are similar to those stipulated in
Article 13 of this Statute (except the guarantee for participation in the
bidding).
Article 27.-
Selecting the contracting unit:
1. The selection of the
contracting unit with regard to a project where the contractor must be selected
comes under the jurisdiction of the Contractor Selecting Council. The composition
and tasks of this Council are stipulated like in Article 7 of this Statute.
2. At the appointed time, the
Contractor Selecting Council publicly opens the envelopes containing the
dossiers of the participants in the selection. The modalities to open the
bidding are similar to those defined in Article 15 of this Statute but the
presence of the participating units is not necessary.
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Article 28.-
Appointing the contractor for the project:
With regard to the projects of
which the contractor is to be appointed by the Prime Minister, the investor has
the responsibility to sign the contract of delivery and reception of contract
with the general contracting organization to be appointed regarding the
construction and assembly of the whole project including the dwelling houses of
the operational workers.
The Ministry of Construction has
the responsibility together with other members in the Council for inspection of
the economic and technical feasibility plan (as currently defined by the State
concerning the management of capital construction) to inspect the technical
design and the total cost estimate of the project and submit them to the Prime
Minister for approval.
On the basis of the approved
total estimate, the investment administrator shall approve the estimate for
each part of the project according to the construction blueprint as basis for
the signing of the contract and the payment and settlement of accounts of the
project.
IV.
SANCTIONS, INSPECTION AND CONTROL OF THE BIDDING
Article 29.-
Fines:
All acts of violation of the
stipulations in this Statute leading to the violation of its fairness, openness
and legality shall be regarded as acts causing economic damage and shall be
sanctioned:
- If the violator is the
participating unit in the bidding, it shall be eliminated from the list of the
participants in the bidding and cannot redeem the money of guarantee for
bidding participation;
- If the violator is the
investor, the result of the bidding shall be annulled and the investment
administrator shall guide the reorganization of the bidding. The investor shall
have to make compensations for the expenditures for the participating units.
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1. The ministries specialized in
construction management have the responsibility to carry out periodical
inspection or unwarranted inspection of the bidding projects of the units under
the management of the central offices. The Ministry of Construction and
services of construction have the responsibility to inspect the organization of
bidding at a number of projects of various branches and localities (when
necessary).
2. The services specialized in
the management of construction have the responsibility to inspect and control
the contracting projects under local management.
3. The contents of inspection
and control: Depending on the concrete situation of each contracting project,
the inspection and control may be conducted on the whole of the dossier of the
bidding or on each part and each work where questions have arisen (including
the payment stage) whenever a project does not abide by the provisions of this
Statute.
4. The inspection and control
offices have the responsibility to propose to the authorized echelon to
recognize or annul the result of the bidding. The concerned parties have the
right to appeal if they see that the decision of the authorized offices is
unfair.
V. FINAL
PROVISION
Article 31.-
This Statute takes effect on the day of its signing and
applies uniformly throughout the country. All regulations on bidding in
construction which are contrary to this Statute are now annulled.
Article 32.-
The ministries, ministerial-level agencies and other
offices attached to the government, the Chairmen of the People's Committees in
the provinces and cities directly attached to the Central Government have the
responsibility to guide the application of this Statute and inspect its
implementation by the units under their jurisdiction.