What are the requirements for bidders or investors that are organizations in Vietnam to be deemed to be eligible? What are the regulations on provision and publishing of bidding information?
What are the requirements for bidders or investors that are organizations in Vietnam to be deemed to be eligible?
Pursuant to Clause 1, Article 5 of the Law on Bidding 2023, a bidder or investor that is an organization shall be deemed to be eligible if meeting the following requirements:
- A domestic bidder or investor must be an enterprise, cooperative, cooperative union, artel, public sector entity or foreign-invested business organization that is duly established and operating under the law of Vietnam. A foreign bidder or investor must be duly established and operating under the law of a foreign country;
- It must keep independent accounting records;
- It is not undergoing dissolution process or subject to revocation of enterprise registration certificate, cooperative/cooperative union/ artel registration certificate; is not facing insolvency as prescribed by the law on bankruptcy;
- Its name is registered on VNEPS before the grant of approval for contractor or investor selection result;
- It must ensure competitiveness in bidding as prescribed in Article 6 of this Law;
- It is not being prohibited from participating in bidding according to a decision issued by a competent person, Minister, head of ministerial agency, Governmental agency or another central-government agency, or Chairperson of the provincial-level People’s Committee as prescribed in Clause 3 Article 87 of this Law;
- It is not liable to criminal prosecution;
- Its name is included in the shortlist in case the shortlist has been made available;
- A foreign bidder is requested to enter into a consortium with a domestic bidder or will subcontract domestic bidders, unless domestic bidders are incapable of performing any tasks of the package.
What are the requirements for bidders or investors that are organizations in Vietnam to be deemed to be eligible? What are the regulations on provision and publishing of bidding information?
What are the requirements for household business in Vietnam to be deemed to be eligible?
Pursuant to Clause 2, Article 5 of the Law on Bidding 2023 stipulates as follows:
Eligibility of bidders or investors
...
2. A bidder that is a household business shall be deemed to be eligible if meeting the following requirements:
a) It has a valid certificate of household business registration issued in accordance with regulations of law;
b) It is not undergoing the process of operation termination or subject to revocation of certificate of household business registration; the owner of the household business is not liable to criminal prosecution;
c) It meets the requirements laid down in Points d, dd, e and h Clause 1 of this Article.
Accordingly, a bidder that is a household business shall be deemed to be eligible if meeting the following requirements:
- It has a valid certificate of household business registration issued in accordance with regulations of law;
- It is not undergoing the process of operation termination or subject to revocation of certificate of household business registration; the owner of the household business is not liable to criminal prosecution;
- Its name is registered on VNEPS before the grant of approval for contractor or investor selection result;
- It must ensure competitiveness in bidding as prescribed in Article 6 of this Law;
- It is not being prohibited from participating in bidding according to a decision issued by a competent person, Minister, head of ministerial agency, Governmental agency or another central-government agency, or Chairperson of the provincial-level People’s Committee as prescribed in Clause 3 Article 87 of this Law;
- Its name is included in the shortlist in case the shortlist has been made available;
What are the regulations on provision and publishing of bidding information in Vietnam?
Pursuant to Article 8 of the Law on Bidding 2023, it is stipulated as follows:
Provision and publishing of bidding information
1. Responsibility to publish information on contractor selection:
a) The employer shall publish the information specified in Points a, g, h, i and k Clause 1 Article 7 of this Law;
b) The procuring entity shall publish the information specified in Points b, c, d and dd Clause 1 Article 7 of this Law; In case of international bidding, the procuring entity shall publish the information specified in Points b, c and d Clause 1 Article 7 of this Law in both Vietnamese and English; the information specified in Point dd Clause 1 Article 7 of this Law may be published in either English or both Vietnamese and English;
c) The contractor shall update and publish information on their capacity and experience on the contractor database, including the information specified in Point k Clause 1 Article 7 of this Law.
2. Responsibility to publish information on investor selection:
a) The competent authority shall publish the information specified in Points a, b and e Clause 2 Article 7 of this Law;
b) The procuring entity shall publish the information specified in Points c, d and dd Clause 2 Article 7 of this Law. In case of international bidding, the procuring entity shall publish such information in both Vietnamese and English.
3. The organizations and individuals that provide and publish the information specified in Clauses 1 and 2 of this Article shall assume legal responsibility for the accuracy and truthfulness of the information registered and published on VNEPS as well as the consistency of documents published with those approved.
4. The information specified in Points a, d, g, h, I Clause 1 and Points a, d, dd, e Clause 2 Article 7 of this Law must be published on VNEPS within 05 working days from the day on which the relevant document is issued or the contract becomes effective.
Thus, the provision and publishing of bidding information is carried out according to the content specified above.
The Law on Bidding 2023 will take effect from January 1, 2024
LawNet
