What are the contents of contractor selection master plan for projects? What are the rules for preparing contractor selection plan in Vietnam?
What are the contents of contractor selection master plan for projects in Vietnam?
Pursuant to Article 36 of the Law on Bidding 2023, the contractor selection master plan for projects is as follows:
Contractor selection master plan for projects
1. Depending on the scale and nature of bidding activities of the project, the employer or the body that prepares the project shall request the competent person to consider and decide the preparation and approval of the contractor selection master plan.
2. The contractor selection master plan may be prepared as the same time as or independently of the feasibility study report but shall only be approved after the feasibility study report has been approved.
3. A contractor selection master plan shall, inter alia, include the following information:
a) Consideration of the context of the project with bidding activities;
b) Assessment of conformity of the employer’s capacity, resources and experience with bidding activities of the project;
c) Market analysis and determination of risks in bidding;
d) Specific objectives of the bidding;
dd) Proposals included in the contractor selection master plan, including: division of the project into multiple packages; contractor selection method and procedure; type of contract; risk management rules; schedule for executing the main tasks and the package; other contents to be put into consideration during the drafting of the bidding documents, management of contract execution.
4. The Government shall elaborate this Article.
Accordingly, a contractor selection master plan shall, inter alia, include the following information:
- Consideration of the context of the project with bidding activities;
- Assessment of conformity of the employer’s capacity, resources and experience with bidding activities of the project;
- Market analysis and determination of risks in bidding;
- Specific objectives of the bidding;
- Proposals included in the contractor selection master plan
What are the contents of contractor selection master plan for projects? What are the rules for preparing contractor selection plan in Vietnam?
What are the rules for preparing contractor selection plan in Vietnam?
Pursuant to the provisions of Article 37 of the Law on Bidding 2023 as follows:
Rules for preparing contractor selection plan
1. A contractor selection plan shall cover the entire project or procurement cost estimate. In case of a procurement cost estimate, the contractor selection plan may be prepared on the basis of the procurement cost estimate of the current budget year and expected procurement cost estimates of the following budget years. If there are not sufficient grounds for preparing a contractor selection plan for the entire project or procurement cost estimate, the contractor selection plan shall be prepared for one or some packages.
2. If a package is to be executed within duration of exceeding 01 year, the contractor selection plan must clearly indicate the package execution duration and the package’s price determined for the entire execution duration.
3. The number of packages and contents of each package must be specified in the contractor selection plan.
4. Approval of the contractor selection plan shall be given on the basis of technical properties and execution process, and in a manner that ensures the uniformity of the project or procurement cost estimate, and must be conformable with the approved contractor selection master plan (if any).
5. The contractor selection plan may be prepared after the procurement cost estimate or the project has been approved, or as the same time as the project or the procurement cost estimate, or before the project approval decision has been issued in case the package needs to be executed before the project is approved.
Thus, the contractor selection plan is made based on the above five principles.
Vietnam: When will the Law on Bidding officially take effect?
Pursuant to the provisions of Article 95 of the Law on Bidding 2023, the implementation effect is as follows:
Effect
1. This Law comes into force from January 01, 2024.
2. The Law on Bidding No. 43/2013/QH13, as amended by the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14, the Law No. 64/2020/QH14 and the Law No. 03/2022/QH15, (hereinafter referred to as “Law on Bidding No. 43/2013/QH13") shall cease to have effect from the effective date of this Law, except provisions of Article 96 of this Law.
3. Contracts signed according to the provisions of Point a Clause 1 Article 55 of this Law shall be valid for a validity period specified therein which shall not exceed 05 years from the effective date of this Law.
Accordingly, the Law on Bidding 2023 takes effect from January 1, 2024.
The Law on Bidding 2013 ceases to be effective from the effective date of the Law on Bidding 2023, except for the provisions in Article 96 of this Law.
In addition, the contract signed under Point a, Clause 1, Article 55 of the Law on Bidding 2023 shall be performed within the time limit specified in the contract but not exceeding 05 years from January 1, 2024.
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