09:02 | 03/12/2022

Vietnam: What is the Sample Appraisal Report of the Contractor Selection Plan? Who has the authority to appraise the contractor selection plan?

How is the sample of the Appraisal Report of the contractor selection plan prepared according to Vietnamese reulations? - asked Mr. Tri from Hanoi.

How is the sample appraisal report of the contractor selection plan prepared in Vietnam?

Currently, the Form of appraisal report on contractor selection plan is specified in Form No. 2 attached to Circular 10/2015/TT-BKHDT as follows:

Download the Contractor Selection Plan Appraisal Report Form: Here.

Vietnam: What is the Sample Appraisal Report of the Contractor Selection Plan? Who has the authority to appraise the contractor selection plan?

Vietnam: What is the Sample Appraisal Report of the Contractor Selection Plan? Who has the authority to appraise the contractor selection plan?

How is the process of appraisal of the contractor selection plan carried out in Vietnam?

Pursuant to Article 6 of Circular 10/2015/TT-BKHDT, there are regulations on the order of approval and appraisal of the contractor selection plan as follows:

- The investor shall submit the contractor selection plan to the competent persons for consideration and approval.

- The competent persons shall appoint an organization to appraise the contractor selection plan.

- Appraisal of the contractor selection plan involves inspection, evaluation, and provision of opinions according to regulations of law on bidding and relevant regulations of law about:

+ Division of the project into procurements:

The project is divided into procurements according to the technical characteristics, procedures, consistency of the project, and rationality of the procurement scale.

+ Legal basis for making the contractor selection plan:

Legal basis for making the contractor selection plan and notes (if any).

+ Contents of the application for contractor selection plan approval:

++ The contents mentioned in Clause 3 Article 4 of this Circular, conformity with regulations of law on bidding and relevant regulations of law, requirements of the project, notes (if any) with regard to the tasks that require contractor selection including the contents in Article 5 of this Circular;

++ Conformity of total value of completed tasks, tasks that do not apply contractor selection method, tasks that require contractor selection, and tasks that do not require contractor selection compared to total investment of the project.

- Bidding supervision:

If the bidding process must be supervised, the applicant shall request the competent person to appoint a person or unit mentioned in Clause 2 Article 7 of this Circular to supervise the bidding process.

- The appraising organization shall give general remarks about the contractor selection plan, express agreement or disagreement with the investor’s contractor selection plan, request the competent person approve the contractor selection plan if it is accepted, or provide explanation and propose solutions to the competent person of the contractor selection plan is not accepted.

- The appraising organization shall make an appraisal report according to Form No. 2 enclosed herewith and submit it to the competent person for approval.

- Individuals participating in the appraisal must have suitable capacity, experience, foreign language skills, and bidding qualifications.

- The appraisal report shall be sent to the competent person within 20 days from the day on which the appraising organization receives sufficient documents.

- In case of direct contracting prescribed in Point a Clause 1 Article 22 of the Law on Bidding, unless the procurement is necessary for protection of state secrets, within 07 working days from the day on which the investor or supervisory authority of the procurement selects a qualified contractor, the investor must submit the contractor selection plan to the competent person for approval. In this case, appraisal of the plan is not required.

Who has the authority to appraise the contractor selection plan in Vietnam?

Pursuant to the provisions of Article 104 of Decree 63/2014/ND-CP, the competent entities to appraise the contractor selection plan are:

- The Ministry of Planning and Investment shall assess:

- The provincial Departments of Planning and Investment shall assess:

- The provincials Departments of Health shall evaluate the plans to select the contractors regarding the contracts for purchase of medicines and medical materials that are approved by the Presidents of the People’s Committees of provinces.

- The authorities and organizations that is assigned by the Ministers, Heads of ministerial-level authorities, Governmental authorities, other central authorities and Chiefs of enterprises to assess:

- Divisions of districts in charge of plans and finance shall evaluate the plans to select the contracts regarding the projects within the authority of the Presidents of the People’s Committees of districts.

- Relevant assisting bodies shall evaluate the plans to select the contractors regarding the projects within the authority of the Presidents of the People’s Committees of communes, heads of other local authorities, Boards of Directors of joint ventures, joint-stock companies and legal representatives of the parties to the business agreements.

- The investors shall assign the organizations and individuals under their management to evaluate the EOI requests, invitations for prequalification, invitation for bid, EOI request, result of the evaluation of EOIs, applications for prequalification, result of the selection of contractors other than the cases prescribed in Clause 2 this Article.

In case such assigned organizations or individuals are ineligible, the investors shall appoint qualified advisory organizations to conduct assessment. In any case, the investors must be responsible for assessing the EOI requests, invitations for prequalification, invitation for bid, request for proposals, results of the evaluation of EOI response, evaluation of applications for prequalification and the selection of contractors.

Thư Viện Pháp Luật

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