14:02 | 03/12/2022

Vietnam: Regulations on the contractor selection plan document? What is the text of the contractor selection plan document? 

How is the contractor selection plan text template regulated according to Vietnamese regulations? - Tung from Hanoi.

How is the contractor selection plan document regulated in Vietnam?

Currently, the written form of approval of the contractor selection plan is prescribed Form No. 1 attached to Circular 10/2015/TT-BKHDT as follows:

Mẫu văn bản trình duyệt kế hoạch lựa chọn nhà thầu được quy định như thế nào? Văn bản trình duyệt kế hoạch lựa chọn nhà thầu gồm nội dung gì?

Download the Contractor Selection Plan document: Here.

Vietnam: Regulations on the contractor selection plan document? What is the text of the contractor selection plan browser?

Vietnam: Regulations on the contractor selection plan document? What is the text of the contractor selection plan document?

What should the text of the contractor selection plan include in Vietnam?

Pursuant to Clause 3, Article 4 of Circular 10/2015/TT-BKHDT stipulates that the written approval of the contractor selection plan includes the following contents:

- Completed tasks including tasks related to preparation of project and procurements to be completed first with corresponding values and legal basis;

- Tasks that do not apply any contractor selection method include: operation of project management board, provision of compensation for land clearance, loan interest payment, tasks performed by the investor including making, appraising the request for expression of interest, pre-qualification documents, bidding documents, request for proposals; assessing expressions of interest, pre-qualification applications , bid-envelopes, proposals; appraising the contractor selection result, and other tasks that do not apply contractor selection with corresponding values;

- The tasks that require the contractor selection must specify the quantity of procurements, content of each procurement, according to Article 5 of this Circular, and explanation for such contents. This part must specify the basis for dividing the project into smaller procurements. It is prohibited to divide the project into procurements against regulations of the Law on Bidding for the purpose of direct contracting or restricting participation of bidders. Provision of explanation for procurements competitive bidding and all-inclusive contracts is not required;

- If there are tasks that do not require contractor selection (if any), contents and values of such tasks must be specified.

- Total value of the tasks mentioned in Point a, Point b, Point c, and Point d of this Clause. The total value must not exceed the approved total investment in the project;

- Request.

When planning the selection of contractors, what principles must be ensured in Vietnam?

Pursuant to Article 33 of the Law on Bidding 2013 of Vietnam, it is stipulated that when planning the selection of contractors, the following principles must be implemented:

- The plan on bidder selection shall be formulated for the entire project, estimate of procurement. In case where there are inadequate conditions to formulate a plan on bidder selection for the entire project, estimate of procurement, it shall be permitted to formulate a plan on bidder selection for one or a number of packages to be performed in advance.

- A plan on bidder selection must set out clearly the number of packages and the contents of each procurement.

- Division of the project, estimate of procurement into different packages shall be based on the technical nature and the sequence for its implementation, ensuring unity within the project, estimate of procurement and an appropriate size of procurement.

What is the basis for planning the selection of contractors in Vietnam?

Pursuant to Article 34 of the Law on Bidding 2013 (Point c, Clause 1 of this Article is amended by Clause 2, Article 5 of the Law amending and supplementing a number of articles of the Law on Public Investment, the Law on Investment in the form of public-private partnership, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, The Law on Enterprises, the Law on Excise Tax and the Law on Civil Judgment Enforcement 2022 provide for the following grounds for planning the selection of contractors:

- Bases to formulate plan on bidder selection for project:

+ Decision on approving project or certificate of investment and relevant documents. For packages which must be performed prior to a decision on approving project, based on decision of head of investor or head of unit assigned to perform task of preparation of project, in case the investor has not yet been identified;

+ Capital sources for project;

+ International treaties, international agreements regarding projects using official development assistance, concessional loans, except as provided in Article 33a of this Law;

+ Relevant legal documents.

- Bases to formulate plan on bidder selection for recurrent procurement:

+ Standards, norms of equipment, means of working of agencies, organizations, units and cadres, civil servants, public employees; equipment, means of working existing which need to be replaced, purchased for supplementation, procured new ones to serve for work;

+ The approved decision on procurement;

+ The approved capital sources and estimate for recurrent procurement;

+ Scheme on procurement, equipping for entire branch which has been approved by the Prime Minister (if any);

+ Result of price evaluation of agencies and organizations with function providing service of price or quotation evaluation (if any).

- Plan on bidder selection may be formulated after decision on approving project, estimate of procurement or concurrently with process of formulating project, estimate of procurement or before decision on approving project for procurement which need to be performed before decision on approving project.

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