09 cases of contractor selection in special circumstances in Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. What are the latest contractor selection methods in Vietnam?

According to the provisions of Article 20 of the Bidding Law 2023, Contractor selection methods include:

- Competitive bidding;

- Limited bidding;

- Direct contracting;

- Shopping;

- Direct procurement;

- Self-execution;

- Community participation;

- Price negotiation;

- Contractor selection in special circumstances.

In addition, the Government shall adopt specific regulations on contractor selection methods other than 9 methods specified above which are preeminent and use advanced and modern electronic equipment and facilities, procedures and subjects of such methods in conformity with new features of VNEPS and in a manner that ensures competitiveness, fairness, transparency and economic efficiency in bidding.

2. 09 cases of contractor selection in special circumstances in Vietnam

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 the Bidding Law 2023, including:

(1) Packages for procurement of drugs or vaccines under trials that can only be purchased under their manufacturers’ specific purchase, payment, guarantee, security requirements and other conditions imposed during the contract execution;

(2) Packages for procurement of drugs, vaccines and medical devices through international organizations;

(3) Packages with strict national defense and security, external affairs, border and territorial security requirements;

(4) Selection of lawyers or solicitors providing legal services for protection of legitimate rights and interests of the State of Vietnam and regulatory authorities at foreign or international jurisdictional bodies;

(5) Packages for direct provision of intensive training for regulatory authorities and public sector entities by foreign training institutions in foreign countries; purchase of plane tickets for domestic and international delegations; packages for provision of professional training courses in specific areas for officials which need the participation of authorities or units that are competent or in charge of performing professional training tasks assigned by competent authorities;

(6) Packages for performance of political tasks assigned by the Communist Party or the State of Vietnam, including: dissemination of information on printed newspapers, online newspapers, radio and television stations, and other means of mass media in case such information dissemination activities are performed under contracts signed directly by the authorities or units that are granted information dissemination funding with these organizations; organization of special art programs; cooperation in film production;

(7) Packages for design, construction and installation of stages used in production of broadcasting programs; leasing of spaces for production or recording of highly artistic programs;

(8) Packages for provision of printing services, stamps, receipts and seals in accordance with regulations of laws on tax administration and customs; packages for purchase of police dogs, police dog training, purchase of drugs, explosives, drug or explosive scent pads used in police dog training;

(9) In case of a project or package requiring specific requirements regarding contractor selection criteria and procedures, and contract signing and execution other than those specified in Points a, b, c, d, dd, e, g and h of Clause 1 of Article 29 of the Bidding Law 2023, the Government shall request the Standing Committee of National Assembly to decide the selection of contractor for this project or package as a special circumstance.

Thus, currently there are 09 cases of contractor selection in special circumstances in Vietnam, ensuring competitiveness, fairness, transparency and economic efficiency, including packages for procurement of drugs or vaccines, medical devices through international organizations, packages with strict national defense and security, legal services, professional training courses in specific areas, performance of political tasks and other cases requiring specific requirements.

3. Who has the power to decide the contractor selection in special circumstances in Vietnam?

According to Clause 2, Article 29 of the Bidding Law 2023, the power to decide the contractor selection in special circumstances is as follows:

- The Prime Minister of Vietnam shall decide the selection of contractors for the packages in Point c Clause 1 of Article 29 of the Bidding Law 2023;

- The Minister of Health of Vietnam shall issue and assume responsibility for his/her decisions on selection of contractors for the packages in Points a and b Clause 1 of Article 29 of the Bidding Law 2023;

- Ministers, heads of ministerial agencies, Governmental agencies, and other central-government agencies, Chairperson of provincial People’s Committees shall issue and assume responsibility for their decisions on selection of contractors for the packages in Points d, dd, e, g and h Clause 1 of Article 29 of the Bidding Law 2023.

Thus, the applications for approval of plans for contractor selection in special circumstances must provide reasons for failure to adopt the contractor selection methods specified in Articles 21 through 28 of the Bidding Law 2023.

Best regards!

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