Dependent Accounting Branch Allowed to Participate in E-bidding?
According to Clause 13, Article 1 of the 2013 Law on Bidding, it is stipulated:
E-bidding is bidding conducted through the utilization of the national e-procurement system.
And Clause 1, Article 5 of the 2013 Law on Bidding.
Contractors and investors are considered legally eligible organizations when they meet the following conditions:
- Registered establishment and operation by the competent authority of the country where the contractor or investor is operating;
- Independent financial accounting;
- Not in the process of dissolution; not declared in bankruptcy or unable to pay debts under the law;
- Registered in the national e-procurement system;
- Ensuring competition in bidding according to the provisions of Article 6 of this Law;
- Not currently disqualified from participation in bidding;
- Listed in the shortlist in cases where a shortlist has been selected;
- Must associate with domestic contractors or use domestic subcontractors for foreign contractors when participating in international bidding in Vietnam, except in cases where domestic contractors do not have sufficient capacity to participate in any part of the bidding package.
Thus, according to the aforementioned provisions, to be recognized as a contractor, all the stated conditions must be met. A branch with dependent accounting does not qualify as a contractor or investor and therefore cannot participate in e-bidding.
Respectfully.