Are originating goods of Vietnam eligible for incentives in contractor selection?

Are originating goods of Vietnam eligible for incentives in contractor selection?

Pursuant to Clause 1 Article 10 of the Law on Bidding in 2023' onclick="vbclick('8CB6C', '407520');" target='_blank'>Law on Bidding in 2023:

Incentives in contractor and investor selection

1. Subjects eligible for incentives in contractor selection:

a) Originating goods of Vietnam;

b) Eco-friendly products and services as prescribed by the Law on environmental protection;

c) Domestic bidders that produce originating goods of Vietnam meeting the requirements laid down in bidding documents;

d) Foreign bidders and domestic bidders coming together under a consortium agreement in which the domestic bidders take charge of at least 25% of total value of tasks of the package;

dd) A domestic bidder that submits a bid as an independent bidder or forms a consortium with other domestic bidders to participate in an international bidding;

e) Bidders that are microenterprises or small enterprises as prescribed in the Law on assistance for small and medium-sized enterprises;

g) Bidders that are startups as prescribed by laws;

h) A bidder that employs the number of female workers, wounded soldiers and people with disabilities, or ethnics, each accounting for at least 25% of their total employees.

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As regulated above, originating goods of Vietnam are eligible for incentives in contractor selection.

Are originating goods of Vietnam eligible for incentives in contractor selection? - image from internet

What are incentives in contractor selection in Vietnam?

Pursuant to Clause 2 Article 10 of the Decree 24/2024/ND-CP' onclick="vbclick('94723', '407520');" target='_blank'>Decree 24/2024/ND-CP stipulating incentives in contractor and investor selection:

Incentives in contractor and investor selection

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2. Incentives in contractor selection:

a) In case where bidders are equally evaluated, the bidder eligible for incentives (eligible bidder) shall be ranked higher than those ineligible for incentives (ineligible bidder);

b) Extra points shall be given to the eligible bidder in case bidders are evaluated and ranked adopting the fixed-price method, technical-based evaluation method, or combined technical and price method;

c) An amount of money shall be added to the bid price or evaluated price of the ineligible bidder in case bidders are evaluated and ranked adopting the lowest-price method or lowest-evaluated price method;

d) Evaluation of capacity, experience and other criteria of eligible bidders shall be given priority during the evaluation of bids;

dd) Bidders that are microenterprises or small enterprises shall be given priority in bidding for construction packages whose price does not exceed VND 05 billion. Upon completion of the bidding process, if none of microenterprises and small enterprises meets the requirements of the package, a new bidding process shall be organized with the participation of other enterprises.

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As regulated above, incentives in contractor selection are stipulated as follows:

- In case where bidders are equally evaluated, the bidder eligible for incentives (eligible bidder) shall be ranked higher than those ineligible for incentives (ineligible bidder);

- Extra points shall be given to the eligible bidder in case bidders are evaluated and ranked adopting the fixed-price method, technical-based evaluation method, or combined technical and price method;

- An amount of money shall be added to the bid price or evaluated price of the ineligible bidder in case bidders are evaluated and ranked adopting the lowest-price method or lowest-evaluated price method;

- Evaluation of capacity, experience and other criteria of eligible bidders shall be given priority during the evaluation of bids;

- Bidders that are microenterprises or small enterprises shall be given priority in bidding for construction packages whose price does not exceed VND 05 billion.

Upon completion of the bidding process, if none of microenterprises and small enterprises meets the requirements of the package, a new bidding process shall be organized with the participation of other enterprises.

What are included in the information on contractor selection in Vietnam?

Pursuant to Clause 1 Article 7 of the Law on Bidding in 2023' onclick="vbclick('8CB6C', '407520');" target='_blank'>Law on Bidding in 2023, information on contractor selection includes:

- Information on the contractor selection plan or project;

- Invitation for EOIs or invitation for prequalification applications;

- Invitation for bid;

- Shortlist;

- EOI request, prequalification document, bidding documents, and any addenda or responses to requests for clarification thereof;

- Bid opening results in case of online bidding;

- Contractor selection result;

- Main contents of the contract;

- Actions against violations of the bidding law;

- Information on the contractor’s performance;

- Other relevant information.

Best regards!