Bidding is a commercial activity where both the bid solicitor and the contractors benefit. Therefore, to open a bidding session is not entirely simple, but it is necessary to have separate regulations on conditions for opening bids. Today’s article will give you the most accurate answer when to bid and some extremely important bidding terms. LSX Lawfirm will give you an article about: “Time of bidding in Vietnam”, as follows:
Legal grounds
Bidding Law
Time of bidding in Vietnam
Procurement is a process of selecting the right contractor to organize the conclusion of a contract. then perform a contract to provide consulting, non-consulting, construction, installation, and sales services. Thus, it can be said that bidding is the organization of selecting the contractor that best meets its requirements.
In which, the bidders are traders and their main goal is profit, while the bid solicitor, as an investor, seeks and establishes a contract of commercial nature such as buying and selling goods, using use services that meet the criteria they want.
To get the answer to the question of when to bid
First of all, you need to have a procurement practice certificate as well as what are the conditions for organizing the bidding? The business lines that hold the bidding session are not in one of the conditional business lines.
The second condition, the answer to when to bid is to have a specialized apparatus to manage operations and perform the function of a specialized agent in bidding.
The third condition, in the implementation process, the parties involved need to be honest, objective and fair. There is a process for management and quality control.
When monitoring the content of bidding activities, you must definitely find out how much the project costs to bid. Because these are the basic knowledge that needs to be grasped when participating in bidding.
Tender features:
Firstly
Bidding is a commercial activity. In which the bidder is a qualified trader and the target of the bidder is profit, and the bid solicitor is to establish a contract to buy and sell goods and use services with good conditions. best for them.
Secondly
Bidding is a pre-contract stage. Bidding activities are always associated with the relationship of buying and selling goods and providing services. In the economy bidding does not take place as an independent activity, it only appears when people have a need to purchase goods and use services. The ultimate purpose of bidding is to help the bid solicitor find the entity capable of providing goods and services with the best quality and price. After the bidding process is completed, the successful bidder will negotiate with the bidding organizer to sign a contract for the sale of goods, provision of services or construction and installation of works.
Thirdly
Subjects participating in the bidding relationship for goods and services. According to the Commercial Law 2005, in bidding activities, there may appear third parties such as consulting companies helping to prepare bidding documents, helping experts, and evaluating bids. However, this is an activity without intermediaries, with no traders providing the service of bidding for goods and services for other traders to receive remuneration. Meanwhile, the Bidding Law 2013 further stipulates on professional bidding organizations including bidding agents, established non-business units and professional bidding functions. The establishment and operation of Bidding agents comply with the law on enterprises. Bidding relationship always established between 1 bid solicitor and many bidders. But there are exceptions such as in the case of investment designations.
Fourthly
The legal form of the bidding relationship for goods and services is the bidding documents and the bidding documents. Bidding document – a legal document made by a bid solicitor, which contains all technical, financial and commercial requirements of goods procured and services used. The bid documents show the capacity and responsiveness of the bidders to the requirements in the bidding documents.
You can also refer to Conditions for issuance of bidding documents in Vietnam or Bidding in accordance with Vietnamese law
Types of bidding in Vietnam
According to the provisions of the Law on Bidding 2013, a number of forms of bidding prescribed as follows:
Appointment of contractors (Article 22 of Law on Bidding 2013): appointment of contractors to contractors applied in the following cases:
- Bidding packages implemented to immediately remedy or promptly handle the consequences caused by force majeure events; bidding packages performed to ensure state secrets; the bidding package needs implemented immediately to avoid causing direct harm to the lives, health and properties of the local community or to not seriously affect the adjacent works; bidding packages for the purchase of drugs, chemicals, medical supplies and equipment to carry out epidemic prevention and control in urgent cases;
- Urgent bidding packages deployed in order to protect national sovereignty, national borders and islands;
- Bidding packages for provision of consulting services, non-advisory services, procurement of goods purchased from contractors performed before due to the need to ensure compatibility of technology and copyright that cannot purchase from suppliers. other contractors; bidding packages of research and experimental nature; purchase intellectual property rights;
- Bidding packages for providing consulting services for making feasibility study reports and construction designs assigned to the author of the architectural design of the work who selected or selected when the author qualified according to the following criteria regulations; bidding packages for construction of monuments, reliefs, monumental paintings and works of art associated with copyright from the stage of creation to construction;
Then
- Bidding packages for relocation of technical infrastructure works directly managed by a specialized unit to serve site clearance; bidding packages to clear bombs, mines and explosives to prepare the construction site;
- Bidding packages for provision of public products and services, bidding packages with bidding package prices within the limit applicable to direct appointment of contractors according to the Government’s regulations in accordance with socio-economic conditions in each period.
- Competitive offers (Article 23 of the Law on Bidding 2013) applied to bidding packages with a value within the limit prescribed by the Government and in one of the following cases:
- Simple and common non-consulting service bidding package;
- Bidding packages for the procurement of common goods, available on the market with standardized technical characteristics and equivalent in quality;
- Bidding package for simple construction and installation with approved construction drawing design.
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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