What conditions must be met in order to issue bidding documents in Vietnam? When is the bidding document issued?
What is a bidding document?
According to the provisions of Clause 29, Article 4 of the 2013 Law on Procurement in Vietnam, bidding documents mean all of the documents used for open or limited bidding stipulating the requirements for a project, package and providing the legal basis for bidders/investors to prepare their Bids and for the Procuring Entity to assess Bids aimed at selection of a winning bidder/investor.
Thus, the bidding documents prescribed in Clause 1, Article 218 of the 2005 Commercial Law of Vietnam include:
- Tendering notice;
- Requirements related to goods or services subject to bidding;
- Methods of evaluation, comparison, grading and selection of bidders;
- Other instructions related to bidding.
In which, the tendering notice is specified in Article 219 of the 2005 Commercial Law of Vietnam as follows:
Tendering notice
1. A tendering notice comprises the following principal contents:
a/ Name and address of the bid solicitor;
b/ Brief description of bidding contents;
c/ Time limit, place and procedures for receipt of tendering dossiers;
d/ Time limit, place and procedures for submission of bid dossiers;
e/ Instructions for reading tendering dossiers.
2. Bid solicitors shall have to notify on the mass media in case of open bidding or send notices on invitation to register for bidding participation to qualified bidders in case of restricted bidding.
Methods of selection of bidders according to the provisions of the 2013 Law on Procurement in Vietnam include:
- Single-stage one-envelope bidding procedure
- Single-stage two-envelope bidding procedure
- Two-stage one-envelope bidding procedure
- Two-stage two-envelope bidding procedure
What conditions must be met in order to issue bidding documents in Vietnam? When is the bidding document issued?
What conditions must be met in order to issue bidding documents in Vietnam?
According to the provisions of Article 7 of the 2013 Law on Procurement in Vietnam, in order to issue bidding documents, the following conditions must be met:
- The Bidding Documents, Request for Proposals of a package may be only issued to select bidders when having full the following conditions:
+ The approved plan on selection of bidders;
+ The approved Bidding Documents include:
Contents of requirements on procedures for bidding, Bid Data Sheet; criteria for evaluation, forms of bidding, volume table of bid invitation;
Requirements on progress, techniques, quality; general conditions, particular conditions of contracts, model contracts and other necessary contents;
+ Invitation to Bid, Notice of Proposed Procurement or short list must be published as prescribed by this Law;
+ Capital sources for package are allocated under the time for performance of package;
+ Content, list of goods, services and estimates already been approved by competent person in case of recurrent procurement and centralized procurement;
+ Ensuring the handing over of construction ground under time for performance of package.
- Bidding Documents, Request for Proposals of a project may be only issued to select investors when having full the following conditions:
+ Project under list of projects announced by Ministries, Ministerial agencies, Governmental agencies, the People’s Committees of provinces or central-affiliated cities as prescribed by law or projects proposed by investors;
+ The approved plan on selection of bidders;
+ The approved Bidding Documents, Request for Proposals;
+ Invitation to Bid, or short list must be published as prescribed by the 2013 Law on Procurement in Vietnam.
When is the bidding document issued?
Pursuant to the provisions of Point b, Clause 1, Article 12 of the 2013 Law on Procurement in Vietnam, the time of issuance of bidding documents is as follows:
EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals shall be issued after 03 working days from the first day of publishing notice of invitation for submission of EOI responses, notice of prequalification invitation, Invitation to Bid, Notice of Proposed Procurement, sending of Invitation to Bid before deadline for submission of bids.
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