Shall the contractor selection plan for procurement cost estimate in Vietnam be prepared for one or some packages to be implemented first?

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• Vietnam: Shall the contractor selection plan for procurement cost estimate be prepared for one or some packages to be implemented first?
• Shall the contractor selection plan for a procurement cost estimate be based on the norms for use of public property of workers in Vietnam?
• Vietnam: What contents does an application for approval of the contractor selection plan include?

Vietnam: Shall the contractor selection plan for procurement cost estimate be prepared for one or some packages to be implemented first?

Pursuant to Article 37 of the Law on Bidding 2023 on the rules for preparing contractor selection plan:

Rules for preparing contractor selection plan

1. A contractor selection plan shall cover the entire project or procurement cost estimate. In case of a procurement cost estimate, the contractor selection plan may be prepared on the basis of the procurement cost estimate of the current budget year and expected procurement cost estimates of the following budget years. f there are not sufficient grounds for preparing a contractor selection plan for the entire project or procurement cost estimate, the contractor selection plan shall be prepared for one or some packages.

2. If a package is to be executed within duration of exceeding 01 year, the contractor selection plan must clearly indicate the package execution duration and the package’s price determined for the entire execution duration.

3. The number of packages and contents of each package must be specified in the contractor selection plan.

4. Approval of the contractor selection plan shall be given on the basis of technical properties and execution process, and in a manner that ensures the uniformity of the project or procurement cost estimate, and must be conformable with the approved contractor selection master plan (if any).

5. The contractor selection plan may be prepared after the procurement cost estimate or the project has been approved, or as the same time as the project or the procurement cost estimate, or before the project approval decision has been issued in case the package needs to be executed before the project is approved.

If there are not sufficient grounds for preparing a contractor selection plan for the entire project or procurement cost estimate, the contractor selection plan shall be prepared for one or some packages.

Thus, If there are not sufficient grounds for preparing a contractor selection plan for the entire procurement cost estimate, the contractor selection plan shall be prepared for one or some packages to be implemented first.

Vietnam: Shall the contractor selection plan for procurement cost estimate be prepared for one or some packages to be implemented first? (Image from the Internet)

Shall the contractor selection plan for a procurement cost estimate be based on the norms for use of public property of workers in Vietnam?

Pursuant to Clause 2 Article 38 of the Law on Bidding 2023 on preparing contractor selection plan for procurement cost estimate:

Preparing contractor selection plan

...

Basis for preparation of the contractor selection plan for a procurement cost estimate:

a) Standards and norms for use of public property of regulatory authorities, organizations, units and officials, public employees and workers (if any);

b) The procurement cost estimate;

c) Other relevant legislative documents.

Basis for preparation of the contractor selection plan for a procurement cost estimate includes:

- Standards and norms for use of public property of regulatory authorities, organizations, units and officials, public employees and workers (if any);

- The procurement cost estimate;

- Other relevant legislative documents.

Thus, the contractor selection plan for a procurement cost estimate must be based on the norms for use of public property of workers (if any).

Vietnam: What contents does an application for approval of the contractor selection plan include?

Pursuant to Article 41 of the Law on Bidding 2023 on the application for approval of the contractor selection plan:

Approving contractor selection plan for a procurement cost estimate

1. An application for approval of the contractor selection plan includes the following contents:

a) Completed tasks, including tasks of packages to be executed in advance with corresponding value and legal grounds thereof;

b) Tasks to which neither of the prescribed contractor selection methods can apply;

c) Tasks included in the contractor selection plan, including tasks and corresponding values constituting the packages to which one of the contractor selection methods specified in Articles 21 through 29 of this Law is applied;

d) Tasks which cannot be included in the contractor selection plan (if any), specific tasks and their values must be specified;

dd) Total value of the tasks stated in Points a, b, c and d of this Clause. This total value shall not exceed total funding in the procurement cost estimate;

e) Other related contents.

2. The competent person shall consider approving the contractor selection plan or authorize the employer or his/her subordinate to do so.

3. Before approving a contractor selection plan, the person that has the power to give approval as prescribed in Clause 2 of this Article shall organize the appraisal of the contents in Article 39 of this Law.

An application for approval of the contractor selection plan includes the following contents:

- Completed tasks, including tasks of packages to be executed in advance with corresponding value and legal grounds thereof;

- Tasks to which neither of the prescribed contractor selection methods can apply;

- Tasks included in the contractor selection plan, including tasks and corresponding values constituting the packages to which one of the contractor selection methods specified in Articles 21 through 29 of this Law is applied;

- Tasks which cannot be included in the contractor selection plan (if any), specific tasks and their values must be specified;

- Total value of the tasks stated in Points a, b, c and d of this Clause. This total value shall not exceed total funding in the procurement cost estimate;

- Other related contents.