Dispatch 4454/BKHĐT-QLĐT on the guidance on the bidding package for planning consulting services specifies the two cases that do not violate competitiveness in bidding in Vietnam
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Specifically, Clause 4, Article 2 of Vietnam's Decree No. 63/2014/ND-CP stipulates that a contractor is a non-business unit that shall be considered legally and financially independent from other contractors and the bid solicitor when "not under the same agency or directly managing organization" in Vietnam.
Pursuant to the above regulations, the following cases do not violate regulations on the guarantee of competition in bidding in Vietnam:
- The investor, the bid solicitor, is a unit directly under the Ministry, the Provincial People's Committee of Vietnam (for example, Department A is under the Ministry of X). The contractor is a non-business unit affiliated to another level 1 unit (for example, the contractor is Center C under Institute B, Institute B under Ministry X). If Center C participates in the bidding package invested by Department A, the bid solicitor will not violate the guarantee of competition in bidding (Center C can mobilize personnel from Institute B, but Center C does not have to Only those who have experience in the field of planning can participate in the bid, but the experts proposed by Center C must have the capacity and experience in the field of planning).
- The investor, the bid solicitor, is Center C. The contractor participating in the bid is Institute Y directly under the Ministry of X.
For details, see Official Dispatch 4454/BKHDT-QLD dated July 1, 2022, Vietnam
Diem My
