Vietnam: What is the latest form of proposal for appointment of contractor in 2022? In which cases is the appointment of contractor applicable to contractors?
In which cases is the appointment of a contractor applicable to contractors in Vietnam?
Pursuant to the provisions of Clause 1, Article 22 of the Law on Bidding 2013 (The phrase "or are selected" is abolished by Clause 4, Article 39 of the Law on Architecture 2019) stipulates the cases of application of contractor appointment as follows:
Direct Contracting
1. Direct Contracting for contractor shall apply in the following cases:
a) Bidding contract need to be performed to immediately overcome or timely handle consequences caused by force majeure event; bidding contract need to be performed to ensure national secret; bidding contract need to be carried out immediately to not cause damages directly to life, health and assets of population communities on geographical areas or to not severely affect to adjacent projects; procurement of purchasing drugs, chemicals, supplies, and health equipment in order to carry out the work of prevention and fighting of epidemics in urgent cases;
b) Urgent bidding contract need to be carried out aiming to protect national sovereignty, national borders, and islands;
c) Bidding contract of provision of consulting services, non-consulting services, procurement of goods which must buy from contractors performed previously due to ensuring the compatibility of technologies, copyright which not able to buy from other contractors; bidding contract with nature of research, test; purchase of intellectual property copyright;
d) Bidding contract provide consulting service for making feasible study reports, construction designs which have been appointed for authors of designs of works architectures who won in selection when authors have full conditions and capability in accordance with regulations; bidding contract of construction of statues, reliefs, monumental paintings, art works in association with author right from the creation stage to stage of construction of the works;
dd) Bidding contract of relocation of technical infrastructure works managed directly by a specialized unit in order to serve the work of ground clearance; bidding contract of detection and disposal of bombs, mines, explosives in order to prepare construction of works;
e) Bidding contract of providing public products and services, bidding contract with package price in the limitation allowed to apply Direct Contracting as prescribed by Government in line with economic-social conditions in each period.
Accordingly, bidding contracts for the provision of public products and services, and bidding contracts with bidding package prices within the limits may be subject to direct appointment of contractors according to the Government's regulations in accordance with socio-economic conditions in each period. including:
- Not more than 500 million VND for bidding contract to provide consulting services, non-advisory services, public services; no more than 01 billion dong for bidding contract for goods procurement, construction and installation, mixtures, drugs, medical supplies and public products;
- Not more than 100 million VND for the bidding package included in the regular procurement estimate.
Vietnam: What is the latest form of proposal for appointment of contractor in 2022? In which cases is the appointment of a contractor applicable to contractors? (Image from the internet)
What are the conditions for appointing contractors in Vietnam?
Pursuant to the provisions of Clauses 2, 3, 4, Article 22 of the Law on Bidding 2013, the conditions that must be met when appointing contractors are as follows:
Direct Contracting
…
2. Implementation of Direct Contracting for bidding contract defined at points b, c, d, dd and e Clause 1 this Article must satisfy all the following conditions:
a) Having an approved decision on investment, except for consulting bidding contract for project preparation;
b) Having an approved plan on selection of bidders;
c) Having been allocated capital at the request of the time for performance of procurement;
d) Having an approved estimate in accordance with regulation, except for case of EP, EC, EPC bidding contract, turnkey bidding contract;
dd) Having time for implementation of Direct Contracting as from the day of approving Request for Proposals to day of signing contract not exceeding 45 days, case of bidding contract with big scale, complex content not exceeding 90 days;
e) Contractor who is suggested for Direct Contracting must have name in the database on contractors of regulatory bodies on bidding operation.
3. For bidding contract under cases of Direct Contracting specified at Clause 1 this Article and satisfy conditions for Direct Contracting specified at Clause 2 this Article but still able to apply other forms of selection of bidder defined at Articles 20, 21, 23 and 24 of this Law, encouraging to apply other forms of selection of bidder.
4. Direct Contracting for investor shall apply in the following cases:
a) There is only one investor registering bidding;
b) There is only one investor able to perform due to concerning intellectual property, commercial secret, technologies or capital arrangement;
c) Investor proposing project satisfy requirements of implementation project with feasibility and highest efficiency in accordance with regulations of Government.
Accordingly, the appointment of contractors for bidding contract specified at Points b, c, d, dd and e, Clause 1 of this Article must fully satisfy the following conditions:
- Having an approved decision on investment, except for consulting bidding contract for project preparation;
- Having an approved plan on selection of bidders;
- Having been allocated capital at the request of the time for performance of procurement;
- Having an approved estimate in accordance with regulation, except for case of EP, EC, EPC bidding contract, turnkey bidding contract;
- Having time for implementation of Direct Contracting as from the day of approving Request for Proposals to day of signing contract not exceeding 45 days, case of bidding contract with big scale, complex content not exceeding 90 days;
- Contractor who is suggested for Direct Contracting must have a name in the database on contractors of regulatory bodies on bidding operation.
What is the application form for appointing contractors in Vietnam?
Pursuant to form No. 01, Chapter III, Dossier of request for appointment of a construction contractor issued together with Circular 11/2015/TT-BKHDT stipulating the application for appointment of contractor as follows:
View the entire application for appointment of contractors: Click here.
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