Detailed regulations on contractor selection of the Bidding Law

The Government has just issued Decree No. 63/2014/ND-CP detailing the implementation of a number of articles of the Law on Bidding on contractor selection.

A section of the road project connecting Nhat Tan Bridge with Noi Bai Airport. Photo: VNA

Decree detailing the implementation of a number of articles of the Law on Bidding on selecting contractors to implement bidding packages within the scope of regulation specified in Clause 1 and Clause 2, Article 1 of the Law on Bidding.

The selection of contractors in the oil and gas sector prescribed in Clause 4, Article 1 of the Law on Bidding applies to development investment projects prescribed in Points a, b and c, Clause 1, Article 1 of the Law on Bidding, except for the selection of contractors directly related to oil and gas exploration, prospecting, mine development and exploitation activities.

In case an international treaty or agreement stipulates the application of contractor selection procedures, it shall be implemented in accordance with the provisions of Clause 3 and Clause 4, Article 3 of the Law on Bidding. The procedures for submission, appraisal and approval shall be implemented in accordance with the provisions of the Decree.

In case an international treaty or international agreement does not have provisions on the application of contractor selection procedures, contractor selection shall be carried out in accordance with the provisions of the Law on Bidding and this Decree.

To ensure competition in bidding, the Decree clearly states that interested bidders and pre-qualification bidders must meet the provisions in Clause 1 and Clause 2, Article 6 of the Law on Bidding.

The contractor participating in the mixed bid package must be legally and financially independent from the contractor preparing the feasibility study report, technical design documents, and construction drawing design documents for that bid package, except in cases where these work contents are part of the mixed bid package.

A consulting contractor may participate in providing one or more consulting services for the same project or package, including preparing a pre-feasibility study report, preparing a feasibility study report, preparing technical design documents, preparing construction drawing design documents, and consulting supervision.

The contractor is assessed as legally and financially independent from other contractors; from consulting contractors; from investors and new bidders when meeting the conditions of not being under the same agency or organization directly managing the public service unit; the contractor and the investor and the inviting party do not have shares or capital contributions of more than 30% of each other; the contractor does not have shares or capital contributions of more than 20% of each other when participating in the same bidding package for restricted bidding; the contractor participating in the bidding with the consulting contractor for that bidding package do not have shares or capital contributions of each other; do not have shares or capital contributions of more than 20% of another organization or individual with each party.

In the case of a state economic group, if the products and services in the bidding package are the main production and business lines of the group and are the output of this company, and at the same time the input of another company in the group, the group and its subsidiaries are allowed to participate in each other's contractor selection process.

In case the products and services in the bidding package are the output of this company and at the same time the input of another company in the group and are unique in the market, then the regulations of the Prime Minister shall apply...

The Decree takes effect from August 15, 2014.

From the effective date of this Decree, Decree No. 85/2009/ND-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and selection of construction contractors under the Law on Construction; Decree No. 68/2012/ND-CP dated September 12, 2012 of the Government amending and supplementing a number of articles of Decree No. 85/2009/ND-CP dated October 15, 2009 of the Government and Decision No. 50/QD-TTg dated November 9, 2012 of the Prime Minister on the application of the form of designated bidding for bid packages in special cases considered and decided by the Prime Minister cease to be effective.

According to Vietnam+