Are individual contractors qualified to participate in the bidding process in Vietnam?

Are individual contractors qualified to participate in the bidding process in Vietnam?

Based on Clause 3 Article 5 of the 2023 Bidding Law, the qualifications of contractors and investors are as follows:

The qualifications of contractors and investors

1. Contractors and investors are considered to have valid qualifications when they meet the following conditions:

a) For domestic contractors and investors: they are enterprises, cooperatives, cooperative alliances, cooperative groups, public career units, or economic organizations with foreign investment capital registered and operating according to the laws of Vietnam. For foreign contractors and investors: they are registered and operating according to foreign laws.

b) Have independent financial accounting.

c) Not undergoing dissolution procedures or having their business registration certificates, cooperative registration certificates, cooperative alliance registration certificates, or cooperative group registration certificates revoked; not being unable to pay debts according to the provisions of bankruptcy laws.

d) Have their names listed in the National Bidding Network System before the approval of the contractor or investor selection results.

e) Ensure competition in bidding as stipulated in Article 6 of this Law.

f) Not being prohibited from participating in bidding according to decisions of authorized persons, Ministers, Heads of equivalent agencies, Government agencies, other central agencies, or Provincial People's Committee Chairpersons as stipulated in Clause 3, Article 87 of this Law.

g) Not being subject to criminal liability.

h) Have their names in the shortlist in cases where a shortlist has been selected.

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3. Individual contractors and investors have valid qualifications when they meet the following conditions:

a) Have full capacity for civil conduct as prescribed by the laws of the country of which they are citizens.

b) Have the appropriate professional certificates if required by law.

c) Meet the conditions stipulated in points e and g of Clause 1 of this Article.

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As regulated above, an individual contractor has a valid qualification to participate in the bidding process when they meet the following conditions:

- Have full capacity for civil conduct as prescribed by the laws of the country of which they are citizens.

- Have the appropriate professional certificates if required by law.

- Not being prohibited from participating in bidding according to decisions of authorized persons, Ministers, Heads of equivalent agencies, Government agencies, other central agencies, or Provincial People's Committee Chairpersons as stipulated in Clause 3, Article 87 of the 2023 Bidding Law.

- Not being subject to criminal liability.

Are individual contractors qualified to participate in the bidding process in Vietnam? - image from internet

What are forms of contractor selection in Vietnam?

According to Article 20 of the 2023 Bidding Law, the forms of contractor selection are as follows:

Forms of contractor selection:

1. The forms of contractor selection include:

a) Open bidding;

b) Restricted bidding;

c) Direct appointment;

d) Competitive quotation;

e) Direct procurement;

f) Self-performance;

g) Community participation;

h) Price negotiation;

i) Contractor selection in special cases.

2. In case there are other forms of contractor selection that are not specified in Clause 1 of this Article but have advantages and utilize advanced electronic means, the Government shall regulate the forms, procedures, and appropriate subjects in accordance with the new features of the National Bidding Network System, ensuring competitiveness, fairness, transparency, and economic efficiency in the bidding process.

As regulated above, there are 9 forms of contractor selection.

What documents are included in the bidding invitation dossier for contractor selection in Vietnam?

According to Article 44 of the 2023 Bidding Law, the bidding invitation dossier for contractor selection includes:

- Contractor instructions, optional additional purchases (if applicable).

- Bidding data sheet.

- Evaluation criteria for the validity of the bidding documents, contractor's capacity, experience, technical aspects, financial and commercial aspects, and contractor's reputation based on participation in bidding, previous contract performance, and quality of similar goods used.

- In the case of using a special subcontractor, the bidding invitation dossier must specify the scope of work and requirements for the capacity and experience of the special subcontractor.

- Bidding and tender forms.

- Supply scope, technical requirements, reference terms.

- Contract conditions and templates.

- Other documents, drawings, and content (if applicable).

*Note: The bidding invitation dossier must not include any conditions that restrict the participation of contractors or create advantages for one or a few contractors that cause unequal competition.