Post a notice of appointment of contractor in accordance with Vietnamese law
Appointment of contractor is one of eight forms of bidding in Vietnam specified in Section 1 Chapter 2 of the Law on Bidding 2013 on the form of contractor and investor selection. In the appointment of contractors, there will be normal contractor appointments and shortened contractor appointments. According to current regulations, does the appointment of contractors have to publish in the newspaper? Find out with Lawyer X through the article below.
Legal grounds:
Law on Bidding 2013
Circular No. 11/2019/TT-BKHDT
Does the appointment of contractors have to be published?
Appointment of contractor is a form of contractor selection specified in the Law on Bidding 2013, due to the simple contractor selection procedure and short implementation time, many investors wish to apply this method to accelerate the progress of the bidding package or project and reduce the risk for the investor such as. There is a participating contractor, so there is almost no petition in the bidding, errors when the organization selects the contractor due to the simple selection procedure.
According to the provisions of Article 22 of the Law on Bidding 2013, the form of contractor appointment for contractors can apply in the following cases:
– Firstly, implementing bidding packages to overcome and handle consequences caused by force majeure incidents, related to state secrets, urgent cases for bidding packages for drugs, chemicals, medical supplies, in case of avoiding affecting adjacent works, life, health, and property of citizens.
– Secondly, the bidding package needs to implement urgently related to the protection of sovereignty, national borders, and islands.
– Thirdly, the implementation of bidding packages needs to ensure the injury related to technology, copyright that cannot purchase from other contractors related to consulting, non-consulting services, and procurement of goods. Bidding packages related to research, testing, and intellectual property rights.
– Fourth, bidding packages on providing consulting services for making feasibility study reports and construction designs assigned to authors when they are fully qualified. Bidding for construction of works of art, monuments, reliefs, and monumental paintings associated with copyright.
– Fifth, the bidding package is managed by specialized units related to the relocation of technical infrastructure works, the bidding package to clear bombs, mines, and explosives to prepare the construction site.
– Sixth, bidding packages for the provision of public products and services and bidding packages with prices within the limit are eligible for the appointment of contractors.
According to the provisions of Points a and dd, Clause 1, Article 8 of the Bidding Law, the contractor selection plan and contractor selection results must post on the national bidding network system.
In addition, according to Point c, Clause 1, Article 8 of Decree No. 63/2014/ND-CP of the Government stipulating, for information specified at Points a, d, dd, g and h, Clause 1, Article 8 of the Law on Bidding, organizations responsible for posting information must ensure that the time to self-publish information is not later than 7 working days from the date the document issued.
Does the shortened appointment of the contractor have to publicize contractor selection results?
Point b, Clause 2, Article 38 of the Law on Bidding stipulates that for appointment of contractors according to a shortened process, it includes the following steps: preparing and sending the draft contract to the contractor; negotiating and finalizing the contract; submitting, approve and publicize contractor selection results; contracting.
Accordingly, the results of the appointment of contractors according to the shortened process must publicly post on the National Procurement Network, the Bidding Newspaper.
Does the short appointment of a contractor have to be published?
According to the provisions of Article 8 of the Law on Bidding 2013:
The information that must be posted on the national bidding network system, the Procurement Newspaper includes:
– Plan for selecting contractors and investors;
– Notice inviting interest, notice inviting prequalification;
– Notice of invitation to bid, a notice of invitation to bid;
– Shortlist;
– Result of contractor and investor selection;
– Bid opening results for online bidding;
– Information on the handling of violations of the law on bidding;
– Other relevant information.
Point b, Clause 2, Article 38 of the Law on Bidding stipulates that for appointment of contractors according to a shortened process, it includes the following steps: preparing and sending the draft contract to the contractor; negotiating and finalizing the contract; submitting, approve and publicize contractor selection results; contracting.
Accordingly, the results of the appointment of contractors according to the shortened process must be publicly posted on the National Procurement Network, the Bidding Newspaper.
Please see more:
– Find out the latest routine contractor appointment process 2022
– Characteristics of bidding activities according to current regulations
Frequently asked questions
Point b, Clause 2, Article 38 of the Law on Bidding stipulates that for appointment of contractors according to a shortened process, it includes the following steps: preparing and sending the draft contract to the contractor; negotiating and finalizing the contract; submitting, approve and publicize contractor selection results; contracting.
Accordingly, the results of the appointment of contractors according to the shortened process must be publicly posted on the National Procurement Network, the Bidding Newspaper.
The publication of information on contractor selection results is done by the provisions of Circular No. 11/2019/TT-BKHDT dated December 16, 2019, of the Ministry of Planning and Investment.
The approval of the contractor selection method in the contractor selection plan must comply with the provisions of Point a, Clause 5, Article 5 of Circular No. 10/2015/TT-BKHDT.
When uploading plans to the National Procurement Network, the default system for shortened appointments of contractors is the one-stage, one-envelope method.
The application of the shortened form of appointment of contractors shall comply with the process specified in Article 56 of Decree No. 63/2014/ND-CP.
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