Can an individual be the Procuring Entity in Vietnam? If plan on selection of bidders is approved, will Bid Documents be issued in Vietnam?

Can an individual be the Procuring Entity in Vietnam? 

According to the law on bidding, can an individual be the Procuring Entity? Or does it have to be another company or organization? Specific legal basis?

Answer: Pursuant to Clause 3, Clause 4, Article 4 of the 2013 Bidding Law stipulates:

3. Procuring Entity means a professional agency or organization with sufficient capability to perform bidding activities, including:

a) Investor or organization which is decided for establishment or selected by the investor;

b) Budget estimate unit directly using capital source for recurrent procurement;

c) The centralized procurement unit;

d) Competent regulatory agencies or the affiliated organizations which are selected by the competent regulatory agencies.

4. Investor means the entity owning the financing capital or the entity assigned responsibility to represent such owner, or the borrower directly managing and implementing project.

Thus, individuals are not allowed to participate as Procuring Entity in Vietnam according to the law on bidding.

If plan on selection of bidders is approved, will Bid Documents be issued in Vietnam?

Please ask, according to the law on bidding, when the plan on selection of bidders is approved, bid documents will be issued, right?

Answer : Pursuant to Clause 1, Article 7 of the 2013 Bidding Law stipulates as follows:

1. The Bidding Documents, Request for Proposals of a package may be only issued to select bidders when having full the following conditions:

a) The approved plan on selection of bidders;

b) The approved Bidding Documents, Request for Proposals include contents of requirements on procedures for bidding, Bid Data Sheet; criteria for evaluation, forms of bidding, volume table of bid invitation; requirements on progress, techniques, quality; general conditions, particular conditions of contracts, model contracts and other necessary contents;

c) Invitation to Bid, Notice of Proposed Procurement or short list must be published as prescribed by this Law;

d) Capital sources for package are allocated under the time for performance of package;

dd) Content, list of goods, services and estimates already been approved by competent person in case of recurrent procurement and centralized procurement;

e) Ensuring the handing over of construction ground under time for performance of package.

Thus, the issuance of bid documents to select bidders must fully meet the various conditions above, not just the approved bidder selection plan in Vietnam.

What is time for sending a document to modify a Bid to bidders already received Bid for international bidding in Vietnam?

What is time for sending a document to modify a Bid to bidders already received Bid for international bidding in Vietnam?

Answer: Pursuant to Point m, Clause 1, Article 12 of the 2013 Bidding Law, time limits applicable during selection of bidders/investors are specified as follows:

m) Time for sending a document to modify a Bid to bidders already received Bid shall be 10 days minimally for domestic bidding and 15 days minimally for international bidding before day of deadline for submisison of bids; for modification of dossier of invitation for expression of interest, Prequalification Document, Request for Proposals, it shall be 03 working days minimally before day of deadline for submisison of bids. If time for sending a document to modify dossiers fail to meet provision at this point, the Procuring Entity shall perform extension of deadline for submisison of bids time respectively in order to ensure provision on time for sending a document to modify a dossier of invitation for expression of interest, dossier of prequalification invitation, Bid or Request for Proposals;

Thus, according to the above regulations in Vietnam, the time for sending a document to modify a Bid to bidders already received Bid is at least 15 days for international bidding before day of deadline for submisison of bids. 

Best regards!