09:12 | 30/12/2022

Vietnam: If the time for sending a document to modify bidding dossiers fails to meet provisions, can the Procuring Entity extend deadline for submission of bids time?

If the time for sending a document to modify bidding dossiers fails to meet provisions, can the Procuring Entity extend deadline for submission of bids time? - Question from Mr. Tu (Cao Bang)

What are the regulations on the time limit for approval of plan on bidder selection in Vietnam?

According to the provisions of Clause 1, Article 12 of the 2013 Law on Procurement in Vietnam on the timelines in the bidder selection process, in which:

Time limits applicable during selection of bidders/investors
1. Time limits applicable during selection of bidders:
a) The maximum time for approval of plan on bidder selection in Vietnam shall be 05 working days after receiving report on appraisal;
b) EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals shall be issued after 03 working days from the first day of publishing notice of invitation for submission of EOI responses, notice of prequalification invitation, Invitation to Bid, Notice of Proposed Procurement, sending of Invitation to Bid before deadline for submission of bids;
c) Duration for preparing EOI responses shall be at least 10 days for domestic bidding and 20 days for international bidding, from the first day when EOI requests are issued until deadline for submission of bids; Bidders must submit EOI responses before deadline for submission of bids;
d) Duration for preparing Applications shall be at least 10 days for domestic bidding and 20 days for international bidding, from the first day when Prequalification Documents are issued until deadline for submission of bids. Bidders must submit Applications before deadline for submission of bids;
dd) Duration for preparing Proposals shall be at least 05 working days, from the first day when Requests for Proposals are issued until deadline for submission of bids. Bidders must submit Proposals before deadline for submission of bids;
e) Duration for preparing the Bids shall be at least 20 days for domestic bidding and 40 days for international bidding, from the first day when Bidding Documents are issued until deadline for submission of bids. Bidders must submit the Bids before deadline for submission of bids;
g) The maximum time allowed for assessment of EOI responses, Applications shall be 20 days, for Proposals shall be 30 days, for Bids shall be 45 days in the case of domestic bidding, as from the deadline for submission of bids until the date the Procuring Entity submits to investor for approving the results of contractor selection. The maximum time allowed for assessment of EOI responses, Applications shall be 30 days, for Proposals shall be 40 days, for Bids shall be 60 days in the case of international bidding, as from the deadline for submission of bids until the date the Procuring Entity submits to investor for approving the results of contractor selection. In necessary case, time for assessment of dossiers of Bid, Proposal may be prolonged but not exceed 20 days and must ensure time for performance of project;
h) The maximum time for appraisal shall be 20 days for each content of appraisal: plan on selection of bidder, EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals, result of selection of bidder after receiving full the submitted documents;
i) The maximum time for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents shall be 10 days, as from the date of receiving the written request for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents of the Procuring Entity or the appraisal report in case of having appraisal requirement;
k) The maximum time for approving or giving the handling opinion on result of bidder selection shall be 10 days, as from the date of receiving the written request for approving the result of bidder selection of the Procuring Entity or the appraisal report in case of having appraisal requirement;
l) The maximum period of validity of a Bid, Proposal shall be 180 days as from the deadline for submission of bids; in case of package with bid scale, complex nature, package under two-stage bidding method, the maximum period of validity of a Bid shall be 210 days, as from the deadline for submission of bids. In necessary cases a bidder may request extension of the period of validity of his Bid, Proposals, and must ensure progress of project;
m) Time for sending a document to modify a Bid to bidders already received Bid shall be 10 days minimally for domestic bidding and 15 days minimally for international bidding before day of deadline for submission of bids; for modification of dossier of invitation for expression of interest, Prequalification Document, Request for Proposals, it shall be 03 working days minimally before day of deadline for submission of bids. If time for sending a document to modify dossiers fail to meet provision at this point, the Procuring Entity shall perform extension of deadline for submission of bids time respectively in order to ensure provision on time for sending a document to modify a dossier of invitation for expression of interest, dossier of prequalification invitation, Bid or Request for Proposals;
n) Time-limit for sending notice of contractor selection result to bidders bidding via post, facsimile shall be 05 working days, as from the date of approving the result of bidder selection.

Thus, the maximum time for approval of plan on bidder selection shall be 05 working days after receiving report on appraisal.

Vietnam: If the time for sending a document to modify bidding dossiers fails to meet provisions, can the Procuring Entity extend deadline for submission of bids time?

Vietnam: If the time for sending a document to modify bidding dossiers fails to meet provisions, can the Procuring Entity extend deadline for submission of bids time?

What is the maximum time for approving bidding documents in Vietnam?

According to the provisions of Point i, Clause 1, Article 12 of the 2013 Law on Procurement in Vietnam, the time for approving bidding documents in Vietnam is recorded as follows:

Time limits applicable during selection of bidders/investors
1. Time limits applicable during selection of bidders:
i) The maximum time for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents shall be 10 days, as from the date of receiving the written request for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents of the Procuring Entity or the appraisal report in case of having appraisal requirement;

Thus, the maximum time for approving the bidding documents shall be 10 days, as from the date of receiving the written request for approving Bidding Documents or the appraisal report in case of having appraisal requirement.

If the time for sending a document to modify bidding dossiers fails to meet provisions, can the Procuring Entity extend deadline for submission of bids time?

According to the provisions of Point m, Clause 1, Article 12 of the 2013 Law on Procurement in Vietnam, the extension of deadline for submission of bids time when modifying the bidding documents is as follows:

Time limits applicable during selection of bidders/investors
1. Time limits applicable during selection of bidders:
m) Time for sending a document to modify a Bid to bidders already received Bid shall be 10 days minimally for domestic bidding and 15 days minimally for international bidding before day of deadline for submission of bids; for modification of dossier of invitation for expression of interest, Prequalification Document, Request for Proposals, it shall be 03 working days minimally before day of deadline for submission of bids. If time for sending a document to modify dossiers fail to meet provision at this point, the Procuring Entity shall perform extension of deadline for submission of bids time respectively in order to ensure provision on time for sending a document to modify a dossier of invitation for expression of interest, dossier of prequalification invitation, Bid or Request for Proposals;

Thus, when time for sending a document to modify dossiers fail to meet provision specified at Point m, Clause 1, Article 12 of the 2013 Law on Procurement in Vietnam, the Procuring Entity shall perform extension of deadline for submission of bids time respectively in order to ensure provision on time for sending a document to modify the bidding documents.

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