Bidding is a popular form with projects, especially large construction projects. What are the bidders’ eligibility and conditions for participating in the bidding? Lawyer X’s legal consulting room would like to inform readers.
Legal grounds
Law on Bidding 2013
Consulting content
What is a tender?
Bidding is the process of selecting contractors to sign, and perform a contract to provide consulting services; non-consulting services, goods procurement, construction, and installation; select investors to sign and perform contracts on investment projects using land-based on ensuring competition, fairness, transparency, and economic efficiency.
Thus, this selection process is to ensure that the investor can execute the project as planned. To be able to participate as contractors; Individuals and organizations must meet specific conditions.
Conditions for participating in the organization’s bidding
The organization participating in the bidding must satisfy the following conditions as a contractor:
– Having registration of establishment and operation granted by a competent authority of the country in which the contractor or investor is operating;
– Independent financial accounting;
– Not in the process of dissolution; not conclude to be in bankruptcy or insolvent debt as prescribed by law;
– Registered on the national bidding network system;
– Ensuring competition in bidding as prescribed in Article 6 of this Law;
– Not in the period of being banned from bidding;
– Shortlisted for shortlisted cases;
– Must enter into a partnership with a domestic contract or use a domestic subcontractor for a foreign contractor when participating in an international bidding process in Vietnam, unless the domestic contractor is not qualified to participate in any part of the bidding process. any work of the contract.
It is necessary to ensure that the organization has been registered for the establishment so that the state agency can inspect the organization’s activities, and at the same time, the information about the organization’s activities is stored will also be evidence of its reputation. organization when participating in the bidding.
The financial requirements for the organization are to ensure the feasibility when the projects are assigned to the organization for implementation. An organization that is in the process of being dissolved or falling into bankruptcy will not be able to sustain the organization itself, let alone ensure the development and completion of the project when it is awarded the contract.
Conditions for individuals to participate in the bidding
According to the 2013 bidding law; Individuals wishing to participate in bidding as a contractor must meet the following conditions:
– Having full civil act capacity by the law of the country of which the individual is a citizen;
– Similarly, having an appropriate professional certificate as prescribed by law;
– Registering for lawful activities according to the provisions of law;
– Not being prosecuted for criminal liability;
– Not in the period of being banned from bidding.
Accordingly, full civil act capacity is based on that individual’s nationality. For example, the individual is Vietnamese; must have civil act capacity according to Vietnam’s civil law. Specifically, an individual’s civil act capacity is an individual’s capacity; established by his actions; to exercise civil rights and obligations; in terms of age, civil act capacity is fully recognized; when the citizen is full 18 years or older. This depends on the different nationality, for example, France is from 16 years old, …
So, Contractors, investors with valid status; may participate in the bid as an independent or a joint venture. In the case of a joint venture; there must be a written agreement between the members; which clearly defines the responsibilities of the leading member of the consortium; and the general and separate responsibilities of each member of the consortium.
Related article;
Contractors according to Vietnamese law
How can a violation of bidding regulations be penalized?
Frequently asked questions
The contractor is responsible for participating in the bid, signing the bid, and directly signing and performing the contract if selected. The main contractor can be an independent contractor or a member of a consortium.
The contractor participates in the performance of the bidding package under the contract signed with the main contractor. A special sub-contractor means a sub-contractor performing important work of a bidding package proposed by the main contractor in the bid dossier, a dossier of proposals based on requirements stated in the bidding dossier, dossier of requirements.
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