08:15 | 02/01/2024

Vietnam: What is the comprehensive report form on contractor selection results for packages under the framework of the CPTPP and EVFTA agreements?

Vietnam: What is the comprehensive report form on contractor selection results for packages under the framework of the CPTPP and EVFTA agreements? H.Q - Sa Dec.

Vietnam: What is the comprehensive report form on contractor selection results for packages under the framework of the CPTPP and EVFTA agreements?

In Appendix 2 attached to Official Dispatch 10681/BKHDT-QLDT 2023, comprehensive report form instructions on contractor selection results for projects using state capital are as follows:

Download report form here.

Vietnam: What is the comprehensive report form on contractor selection results for packages under the framework of the CPTPP and EVFTA agreements?

Vietnam: What are the regulations for preparation of bidding documentsfor packages under the framework of the CPTPP and EVFTA agreements?

In Article 4, Circular 20/2022/TT-BKHDT regulates the preparation of bidding documents for packages in Vietnam which is under the framework of the CPTPP and EVFTA agreements as follows:

- Preparation, evaluation and approval of bidding documents:

+ Depending on the scale and nature of each contract package, the procuring entity may impose reasonable requirements that ensure competitiveness, fairness, transparency and economic efficiency; Bidding documents must contain adequate information necessary for bidders’ preparation of their bids;

+ The procuring entity may not impose any requirement aimed at limiting participation of bidders or giving advantage to one or some bidders, thereby causing unfair competition; and any requirement that, in order for a bidder to participate in a procurement, the bidder has previously been awarded one or more contracts by a procuring entity of a given country or territory or that the bidder has prior work experience in that country or territory;

+ Provisions of the form of bidding documents may be modified provided that all such modifications will make the bidding documents stricter, and not be contrary to the provisions of CPTPP, EVFTA and UKVFTA Agreements. Such modifications and reasons thereof must be clearly specified in the request for approval of bidding documents submitted to the investor.

- Contract:

Bidding documents must include the contract form, and terms and conditions of the contract as the basis for bidders’ submission of their bids as well as negotiation, completion and conclusion of contract. The contract shall contain general conditions, particular conditions and contract forms. Depending on the scale and nature of each contract package, the investor shall decide to make reasonable modifications to the contract provided that they shall not be contrary to the provisions of the Law on Bidding, the provisions of CPTPP, EVFTA and UKVFTA Agreements, and other relevant laws.

What are the procedures for submitting the report on the implementation of bidding activities in Vietnam?

In Appendix 4 attached to the Official Dispatch 10681/BKHDT-QLDT 2023, the instructions for submitting the report on the implementation of procurement activities in 2023 are as follows:

According to the regulations stated in point b, clause 3 of Article 11 of Circular 06/2017/TT-BKHDT, the reporting of the implementation of procurement activities in 2023 will be carried out on the National e-procurement System. Therefore, the requesting agencies and units are advised to submit the report according to the following method:

- Send the report file with signatures and stamps in PDF format and enter the aggregated data on the results of contractor selection, land use by investors, and socialization on the National e-procurement System (referred to as the System) at the address https://muasamcong.mpi.gov.vn.

- In order to facilitate the direct data entry on the System, the requesting agencies and units need to complete the registration procedures for participating in the System and the user registration process as prescribed in Article 7 of the Circular 08/2022/TT-BKHDT dated May 31, 2022, issued by the Minister of Planning and Investment. Additionally, to learn how to enter data on the System and download soft files of the Forms, the agencies and units can access the website at https://muasamcong.mpi.gov.vn, select the link "Tra cứu" (Search) at the top of the page, and go to the section "Biểu mẫu công tác đấu thầu hàng năm" (Forms for annual procurement activities).

- The agencies and units should use the same accounts used to upload the procurement reports for 2022 to upload the reports for 2023. In case there is a change in the account used for uploading the reports in 2023, the requesting agencies and units are required to provide a written document with information about the new identification code to be granted the authorization (including information about the old identification code used for uploading the reports in 2022).

If there is a change in the mentioned identification code, please send the information to the Procurement Management Department - Ministry of Planning and Investment before January 10, 2024.

Thus, for the convenience of data consolidation, the requesting agencies and units are requested to send the entire Word file (report content according to Appendix 1 of the Official Dispatch 10681/BKHDT-QLDT 2023) and the Excel file (statistical data according to Appendix 2 from Table 2.1 to Table 2.6 of the Official Dispatch 10681/BKHDT-QLDT 2023) to the email address baocaodauthau@mpi.gov.vn. The decimal point and comma should be in accordance with the regulations of Vietnam, with the unit of measurement in million dong. The subject line of the email should include the name of the sending unit and the document reference number (For example, if Department of Planning and Investment of Province A sends report number 01/BC-SKHDT, the subject line should be SKHA_01_BC_SKHDT)./

LawNet

EVFTA
EVFTA Agreement
Legal Grounds
The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}