What are the requirements for establishment and operation of professional bidding organizations in Vietnam?
- What are the regulations on the operation of professional bidding organizations in Vietnam?
- What are the requirements for establishment and operation of professional bidding organizations in Vietnam?
- To be recognized as a professional procurement organizer, what does an organization need to do?
- What are the conditions for issuance of bidding documents in Vietnam?
What are the regulations on the operation of professional bidding organizations in Vietnam?
According to the provisions of Article 115 of Decree 63/2014/ND-CP on the operation of professional bidding organizations as follows:
Operation of professional bidding organizations
1. A professional bidding organizer is allowed to operate after it is announced in the national bidding system.
2. A professional bidding organizer can sign contracts to act as bidding agent or provider of bidding consultancy for investors and procuring entities.
Thus, according to the above regulations, a professional bidding organizer is allowed to operate after it is announced in the national bidding system.
In addition, a professional bidding organizer can sign contracts to act as bidding agent or provider of bidding consultancy for investors and procuring entities.
What are the requirements for establishment and operation of professional bidding organizations in Vietnam?
What are the requirements for establishment and operation of professional bidding organizations in Vietnam?
According to the provisions of Article 113 of Decree 63/2014/ND-CP on the requirements for professional bidding organizations as follows:
Requirements for professional bidding organizations
1. Such organizer must have permits for establishment and operation issued by the competent authorities which allow them to act as bidding agents or bidding consultancy or organizations in charge of bidding.
2. Employ the regulatory bodies meeting the professional requirements to perform the functions and duties as bidding agents, bidding consultancies, or organizations in charge of bidding.
3. Their personnel have professional ethics, honesty and impartiality during their work.
4. They use procedures for management and control of the quality of their work.
Thus, a professional bidding organization must satisfy the following requirements:
- Such organizer must have permits for establishment and operation issued by the competent authorities which allow them to act as bidding agents or bidding consultancy or organizations in charge of bidding.
- Employ the regulatory bodies meeting the professional requirements to perform the functions and duties as bidding agents, bidding consultancies, or organizations in charge of bidding.
- Their personnel have professional ethics, honesty and impartiality during their work.
- They use procedures for management and control of the quality of their work.
To be recognized as a professional procurement organizer, what does an organization need to do?
According to the provisions of Article 114 of Decree 63/2014/ND-CP as follows:
Consideration, recognition and announcement of professional bidding organizers’ information
1. Any organization meeting all of the requirements prescribed in Article 113 of this Decree shall send an application for recognition as professional bidding organizer to the Ministry of Planning and Investment.
2. The Ministry of Planning and Investment shall form a Council in charge of verifying such application.
3. The organization approved by the verifying Council shall be recognized as a professional bidding organizer and announced in the national bidding system.
Thus, according to the above provisions, an organization that wants to be recognized as a professional bidding organizer must comply with the following provisions:
- Any organization meeting all of the requirements prescribed in Article 113 of Decree 63/2014/ND-CP shall send an application for recognition as professional bidding organizer to the Ministry of Planning and Investment.
- The Ministry of Planning and Investment shall form a Council in charge of verifying such application.
- The organization approved by the verifying Council shall be recognized as a professional bidding organizer and announced in the national bidding system.
What are the conditions for issuance of bidding documents in Vietnam?
Pursuant to Article 7 of the 2013 Law on Procurement stipulating the conditions for issuance of bidding documents in Vietnam.
- The Bidding Documents, Request for Proposals of a package may be only issued to select bidders when having full the following conditions:
+ The approved plan on selection of bidders;
+ The approved Bidding Documents, Request for Proposals include contents of requirements on procedures for bidding, Bid Data Sheet; criteria for evaluation, forms of bidding, volume table of bid invitation; requirements on progress, techniques, quality; general conditions, particular conditions of contracts, model contracts and other necessary contents;
+ Invitation to Bid, Notice of Proposed Procurement or short list must be published as prescribed by this Law;
+ Capital sources for package are allocated under the time for performance of package;
+ Content, list of goods, services and estimates already been approved by competent person in case of recurrent procurement and centralized procurement;
+ Ensuring the handing over of construction ground under time for performance of package.
- Bidding Documents, Request for Proposals of a project may be only issued to select investors when having full the following conditions:
+ Project under list of projects announced by Ministries, Ministerial agencies, Governmental agencies, the People’s Committees of provinces or central-affiliated cities as prescribed by law or projects proposed by investors;
+ The approved plan on selection of bidders;
+ The approved Bidding Documents, Request for Proposals;
+ Invitation to Bid, or short list must be published as prescribed.
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