Official promulgation of the Law on Bidding 2023 in Vietnam

What is official promulgation of the Law on Bidding 2023 in Vietnam?

Recently, the National Assembly passed the Law on Bidding 2023.

According to this regulation, the Law on Bidding 2023 takes effect from January 1, 2024, except for the provisions in Article 96 of the Law on Bidding 2023.

- Bidding packages for selection of contractors that have been approved and issued dossiers of invitation for expression of interest, dossiers of invitation for pre-qualification, bidding dossiers and dossiers of requirements before January 1, 2024, shall continue to organize the selection of short list, selection of bidders/investors, contract signing and management according to the provisions of the Law on Bidding 2013 and documents detailing and guiding the implementation.

- Business investment projects that have been approved and issued bidding documents before January 1, 2024, continue to organize investor selection, sign and manage contract performance in accordance with the Law on Bidding 2013 and documents detailing and guiding the implementation. The Government shall detail the application of transitions to business investment projects.

- During the period from January 1, 2024 to the effective date of the amended Land Law, the selection of investors to implement investment projects using land shall continue to comply with the provisions of Law on Bidding 2013 and documents detailing and guiding its implementation.

- Contracts in which the winning contractor for materials and chemicals is responsible for providing medical equipment for the use of such supplies and chemicals signed before January 1, 2024, may continue to be performed for a period of time specified in the contract but not exceeding 05 years from 01/01/2024.

What are regulations on application of the Bidding Law, relevant laws and international treaties, agreements on official development assistance (ODA) capital, concessional loans from foreign donors from January 1, 2024 in Vietnam?

Article 3 of the Law on Bidding 2023 stipulates application of Law on procurement, International treaties and international agreements official development assistance (ODA) capital, concessional loans from foreign donors from January 1, 2024 as follows:

1. Bidding activities governed by this Law must comply with the provisions of this Law and other relevant laws. In case there are different provisions on bidding between this Law and other laws promulgated before the effective date of this Law, the provisions of this Law shall apply, except for the cases specified in Clauses 2, 3, 4, 5, 6 and 7 of this Article.

2. The selection of contractors to sign oil and gas contracts shall comply with the provisions of the law on oil and gas.

3. The selection of investors to implement investment projects under the public-private partnership (PPP) method, and the selection of contractors to implement bidding packages under the PPP investment projects shall comply with the provisions of investment law under the mode of public-private partnership.

4. The selection of overseas contractors to perform overseas bidding packages of overseas Vietnamese representative missions shall comply with the provisions of law on representative agencies of the Socialist Republic of Vietnam.

5. The selection of contractors for projects funded with official development assistance (ODA) or concessional loans from foreign donors according to international treaties to which the Socialist Republic of Vietnam is a member (hereinafter referred to as an international treaty) and a foreign loan agreement, the provisions of such international treaty or loan agreement shall apply. If an international treaty or loan agreement does not stipulate or stipulate that Vietnamese law must be applied, the provisions of this Law shall apply.

Before negotiating or deciding to sign a loan agreement that is not an international treaty with other procurement provisions or not yet provided for in this Law, the Government shall submit it to the National Assembly Standing Committee for comments.

6. Where the bidding package includes procurement contents governed by this Law and procurement contents governed by international treaties, the competent person may decide on the selection of contractors for the part of procurement covered by this Law in accordance with the provisions of international treaties.

7. Agencies, organizations and enterprises may decide on the selection of contractors on the basis of ensuring publicity, transparency, economic efficiency and accountability in the following cases:

a) Selecting a contractor to perform a bidding package using capital sponsored by a domestic organization or individual but the sponsor requests not to select a contractor in accordance with this Law; bidding packages of public non-business units using borrowed capital, except for investment credit capital of the State, on-loan capital from ODA, concessional loans from foreign donors;

b) Organizing the selection of overseas contractors of state agencies, public non-business units, state enterprises, wholly state-owned enterprises, except for the case specified in Clause 4 of this Article;

c) Leasing, purchasing, leasing-purchasing of houses, headquarters and properties attached to land;

d) Selecting contractors to provide goods, consulting services and non-advisory services to ensure the continuity of production, business and procurement activities in order to maintain regular operations using production capital, business of state-owned enterprises, enterprises in which wholly state-owned enterprises;

Selection of contractors to perform bidding packages under business investment projects specified in Clause 3, Article 2 of the Law on Bidding 2023.

Selection of contractors providing consulting services, raw materials, fuel, materials, supplies and non-consulting services directly serving the bidding package that the public non-business unit has won;

đ) The determination of the mediator, member of the dispute arbitration panel or the arbitration council to handle disputes arising during the performance of the contract shall be decided by the parties themselves according to the provisions of the contract;

e) Procurement of goods and services with a specific selling price determined by the State in accordance with the law on prices;

g) Select contractors to provide petroleum services and goods in service of petroleum activities in accordance with petroleum contracts approved by competent authorities in accordance with the provisions of the Petroleum Law.

Where will bidding information be posted?

Article 7 of the Law on Bidding 2023 provides information on bidding as follows:

1. Information on contractor selection includes:

a) Information on the project, the contractor selection plan;

b) Notice of invitation for interest, notice of invitation for prequalification;

c) Notice of invitation for bids;

d) Short list;

dd) Dossier of invitation for expression of interest, dossier of invitation for pre-qualification, bidding dossier and contents of modification and clarification of dossier (if any);

e) Bid opening results for online bidding;

g) Result of contractor selection;

h) Key information of the contract;

i) Information on handling of violations of the law on bidding;

k) Information on the contractor's contract performance results;

l) Other relevant information.

2. Information on investor selection includes:

a) Information about the business investment project as prescribed in Clause 2, Article 47 of this Law;

b) Notice of invitation for expression of interest, dossier of invitation for expression of interest; results inviting interest;

c) Notice of invitation for bids, bidding documents and contents of modification and clarification of dossiers (if any);

d) Investor selection results;

dd) Key information of the contract;

e) Information on handling of violations of the law on bidding;

g) Other relevant information.

3. The information specified in Clauses 1 and 2 of this Article shall be posted on the national bidding network system, except for projects, business investment projects, and bidding packages containing information on the list of state secrets. 

Thus, bidding information will be posted on the National Procurement Network, except for projects, business investment projects, and bidding packages containing information on the list of state secrets.

Note: The Law on Bidding 2023 takes effect from January 1, 2024.

Best regards!