Which entity has the authority to supervise bidding activities in projects where the Prime Minister of Vietnam is a competent person?
- Which packages shall the Prime Minister of Vietnam decide the selection of contractors?
- Which entity has the authority to supervise bidding activities in projects where the Prime Minister of Vietnam is a competent person?
- What are documents and procedures for contractor selection in projects where the Prime Minister of Vietnam is a competent person?
Which packages shall the Prime Minister of Vietnam decide the selection of contractors?
Pursuant to Point c Clause 1, Point a Clause 2 Article 29 of the Law on Bidding 2023:
Contractor selection in special circumstances
1. Contractor selection in special circumstances shall apply to the following packages which cannot be executed adopting any of the contractor selection methods prescribed in Articles 21 through 28 of this Law, including:
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c) Packages with strict national defense and security, external affairs, border and territorial security requirements;
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2. Power to decide the contractor selection in special circumstances:
a) The Prime Minister of Vietnam shall decide the selection of contractors for the packages in Point c Clause 1 of this Article;
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Therefore, the Prime Minister of Vietnam shall decide the selection of contractors for the packages with strict national defense and security, external affairs, border and territorial security requirements.
Which entity has the authority to supervise bidding activities in projects where the Prime Minister of Vietnam is a competent person? (Image from the Internet)
Which entity has the authority to supervise bidding activities in projects where the Prime Minister of Vietnam is a competent person?
Pursuant to Clause 1, Article 123 of Decree 24/2024/ND-CP:
Supervision of bidding activities by competent persons
1. Authority to supervise bidding activities:
a) In projects where the Prime Minister is a competent person, the Prime Minister may designate a lead supervisory agency, based on the project's or package’s scale and nature.
b) The competent person will designate individuals or affiliated agencies with expertise in independent bidding with the employer, procuring entity, and expert team to supervise bidding activities for packages of the project and procurement estimates within their scope of management when necessary.
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In projects where the Prime Minister is a competent person, the Prime Minister may designate a lead supervisory agency, based on the project's or package’s scale and nature.
Note:
The competent person will designate individuals or affiliated agencies with expertise in independent bidding with the employer, procuring entity, and expert team to supervise bidding activities for packages of the project and procurement estimates within their scope of management when necessary.
What are documents and procedures for contractor selection in projects where the Prime Minister of Vietnam is a competent person?
Pursuant to Clause 2, Article 82 of Decree 24/2024/ND-CP on documents, procedures for contractor selection in projects where the Prime Minister of Vietnam is a competent person:
- Ministers, Heads of ministerial-level agencies, Governmental agencies, other central agencies (hereinafter referred to as heads of central agencies), President of the Provincial People's Committee prepare documents to submit to the Prime Minister and to the Ministry of Planning and Investment for appraisal;
- Documents submitted to the Prime Minister include the request for approval and related documents. The request for approval for contractor selection in special case includes the following contents: basic information about the project, procurement estimate, package (name of the project, procurement estimate, package); capital sources, total investment of the project, estimated value of procurement, package price of package; expected performance duration; other necessary matters); explanation of the project’s or package’s necessity and specific conditions in terms of national defense, security, foreign affairs, and territorial borders leading to the inability to meet the conditions for contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Bidding Law; opinions of the Ministry of National Defense, Ministry of Public Security, and Ministry of Diplomacy on factors that need to ensure national defense, security, foreign affairs, and territorial borders for the package, project, and procurement estimate; opinions of other relevant agencies (if necessary);
- Within 5 working days of receiving valid documents as prescribed in Point b of this Clause, the Ministry of Planning and Investment shall forward them to seek opinions from relevant ministries and agencies on the matters within their scope of management (if necessary). Within 7 working days of receiving the request from the Ministry of Planning and Investment, the consulted agency must send their opinions to the Ministry of Planning and Investment;
- Within 10 days of receiving valid documents as prescribed in Point b of this Clause, the Ministry of Planning and Investment shall prepare an appraisal report and Prime Minister's draft decision on the contractor selection in special case (if qualified), and then submit them to the Prime Minister for decision. The appraisal report evaluates the following: the project’s or package’s necessity; if they meet special conditions in terms of national defense, security, foreign affairs, territorial borders; reasons for being unable to meet the conditions for contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Bidding Law;
- The Prime Minister shall consider applying the contractor selection in special case based on the documents submitted by the head of central agency, President of the Provincial People's Committee, and the appraisal report of the Ministry of Planning and Investment;
The Prime Minister's decision on application of contractor selection in special case includes: the package of the project or procurement estimate that applies the contractor selection in special case; responsibilities of the competent person, employer, procuring entity, and relevant agencies in the process of organizing contractor selection; other requirements during the performance of package or project (if any).
- Based on the decision of the Prime Minister, the head of central agency, President of the Provincial People's Committee shall develop and approve a contractor selection plan in special case including the main contents following: procedures for contractor selection; conditions for signing and performing the contract and other related contents to meet the specific conditions of the packages or project, ensuring the selection of contractors with sufficient capacity, experience and feasible and effective solutions.
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