02:24 | 05/12/2022

What is the form of Decision on approval for contractor selection plan in Vietnam? When will the contractor selection plan be posted?

What is the form of Decision on approval for contractor selection plan in Vietnam? - Question from Mr. Thai in Gia Lai.

What is the form of Decision on approval for contractor selection plan in Vietnam?

Currently, the Form of Decision on approval for contractor selection plan in Vietnam is specified in Form No. 3 attached to Circular 10/2015/TT-BKHDT as follows:

Download the Form of Decision on approval for contractor selection plan in Vietnam: Click here.

Instructions on how to write the Decision on approval for contractor selection plan in Vietnam:

- Removed if the appraising organization does not require supervision.

- The Appendix must include the contents in Article 5 of this Circular. If the contractor selection plan has only 01 procurement, its content may be written in the Decision on approval for contractor selection plan instead of the Appendix.

- Removed if the contractor selection plan does not require supervision of the bidding process.

- Write full name, address, phone number, fax number of the entity appointed to supervise the bidding process. Remove this column if supervision is not required.

What is the form of Decision on approval for contractor selection plan in Vietnam? When will the contractor selection plan be posted?

What are the regulations on approval of plan on contractor selection plan in Vietnam?

Pursuant to Clause 2, Article 37 of the Law on Bidding 2013 has the following provisions:

Evaluation and approval of plan on bidder selection
...
2. The approval for plan on bidder selection:
a) Based on the evaluation report, the competent person shall approve the plan on bidder selection in writing in order to do as basis for selection of bidder after project or estimate of procurement has been approved or concurrently with decision on approving of project, estimate of procurement in eligible case;
b) Based on the evaluation report, the head of investor or the head of unit assigned to perform task of preparation of project shall approve plan on bidder selection in case where package needs to be performed prior to decision on approval for project.

More specifically about the approval of the contractor selection plan in Article 7 of Circular 10/2015/TT-BKHDT detailing as follows:

- According to the appraisal report, the competent person shall issue a written approval for the contractor selection plan, which is the basis for contractor selection as soon as or after the project is approved.

The decision on approval for contractor selection plan is made according to form No. 3 enclosed herewith.

- Bidding supervision:

+ In necessary cases at the request of the appraising organization, the competent person shall decide whether to supervise the bidding process if the investor that regularly receives enquiries or complaints, the procurement applies direct contracting; the procurement has a high value, high or special technical requirements. If supervision is requested, the decision on approval for the contractor selection plan must specify whether the supervision is a task that requires contractor selection, the procurements that need supervising, and supervising entities;

+ The competent person shall appoint qualified individuals or units to supervise the investor’s performance during the contractor selection process to ensure conformity with regulations of law on bidding.

- The contractor selection plan shall be approved within 05 working days from the day on which the appraisal report is received.

Vietnam: When will the contractor selection plan be posted?

Pursuant to Article 8 of Circular 10/2015/TT-BKHDT stipulating the posting of contractor selection plans on the national bidding network system as follows:

Posting the contractor selection plan
1. The procuring entity has the responsibility to post the approved contractor selection plan to national bidding network within 07 working days from the day on which it is issued. If the investor has not established or selected the procuring entity, the investor shall post the plan.
2. Disclosure of information about projects, procurements classified as state secrets shall comply with regulations of law on protection of state secrets.

Accordingly, the procuring entity has the responsibility to post the approved contractor selection plan to national bidding network from the day on which it is issued.

Disclosure of information about projects, procurements classified as state secrets shall comply with regulations of law on protection of state secrets.

Thư Viện Pháp Luật

The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}