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Legal grounds
Law on Bidding 2013
Conditions for issuance of bidding documents in Vietnam
– Bidding dossiers and dossiers of requirements of a bidding package may only be released for contractor selection when the following conditions are fully satisfied:
+ The approved contractor selection plan;
+ The approved bidding dossier and request for proposals include the required contents of bidding procedures, bidding data sheet, evaluation criteria, bid form, table of bidding volume; requirements on progress, technique and quality; general and specific conditions of the contract, sample of contract documents and other necessary contents;
+ Bidding notices, notices of soliciting offers or short lists are posted in accordance with this Law;
+ Funds for the bidding package shall be arranged according to the progress of the bidding package;
+ Contents, list of goods and services and cost estimates approved by competent persons in case of regular or concentrated procurement;
+ Ensure handover of the construction site according to the schedule of implementation of the bidding package.
– Bidding dossiers and dossiers of requirements of projects may only released for investor selection when the following conditions fully satisfied:
+ Projects on the list of projects announced by ministries, ministerial-level agencies, agencies attached to the Government, People’s Committees of provinces and centrally run cities as prescribed by law, or projects proposed by investors. export;
+ The approved investor selection plan;
+ Bidding documents, dossiers of requirements approved;
+ The notice of invitation for bids or a short list published in accordance with this Law.
Information and language used in bidding
– Legal basis: Articles 8 and 9 of the Law on Bidding 2013
Firstly, information about bidding
– Information that must be posted on the national bidding network system, the Procurement Newspaper includes:
Plan for selection of contractors and investors;
+ So Notice inviting interest, notice inviting prequalification;
+ Notice of invitation to bid, notice of invitation to bid;
+ Then Short list;
+ Result of contractor and investor selection
+ So, Bidding results for online bidding;
+ Information on handling of violations of the law on bidding;
+ So Legal documents on bidding;
+ List of investment projects in the form of public-private partnership, projects using land;
+ So Database of contractors, investors, bidding experts, bidding lecturers and training institutions on bidding;
+ Other relevant information.
– The information specified in Clause 1 of this Article is encouraged posted on the websites of ministries, branches and localities or on other mass media.
– The Government shall detail this Article.
Secondly, the language used in bidding is Vietnamese for domestic bidding; English or Vietnamese and English for international bidding.
For the bidding currency:
– So If it is a domestic bidding, bidders may only bid in Vietnam dong.
– For international bidding:
+ Bidding documents, dossiers of requirements must specify the bidding currency in the bidding documents, dossiers of proposals, but not exceeding three currencies; for a specific work item, only one currency offered;
+ In case the bidding documents, the dossiers of requirements stipulate that the bidders allowed to bid in two or three currencies, when evaluating the bids, the proposals converted into one currency; in case there is a Vietnamese dong among those currencies, it converted into Vietnamese dong. Bidding documents, dossiers of requirements must specify the currency converted, the time and the basis for determining the exchange rate;
+ For domestic costs related to the implementation of the bidding package, the contractor must bid in Vietnam dong;
+ For overseas costs related to the implementation of the bidding package, the contractor may bid in a foreign currency.
Related questions
Article 216 of the Commercial Law 2005, includes two methods:
– Bidding for a bag of documents;
– Bidding for two dossier bags.
The parties may agree that the successful bidder must make a deposit, deposit, or guarantee to secure the performance of the contract. This amount is specified by the bid solicitor but must not exceed 10% of the contract value. Unless otherwise agreed. The successful bidder is not entitled to receive the deposit or deposit back if it refuses to perform the contract after the contract is signed.
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