08:42 | 04/09/2024

Regulation on the Maximum Number of Investors when Participating in Open Bidding

Regulations on the maximum number of investors participating in an open bidding process?Can a contractor who has not registered on the national bidding network system be rejected for the application?Is there a currency limit for bids in international bidding?

Regulations on the maximum number of investors in open bidding?

According to the provisions of the law on bidding, is there a limit on the number of investors participating in open bidding?

Based on Clause 1, Article 20 of the Bidding Law 2013, it is stipulated as follows:

Open bidding:

Open bidding is a form of selecting contractors and investors where there is no limit on the number of contractors and investors participating.

Thus, according to the above regulations, there is no limit on the number of contractors or investors in the form of open bidding. Therefore, participation is unlimited depending on the practical situation, conditions, and needs of the investors.

Can a contractor be denied if not registered on the national bidding network system?

Our company conducts e-bidding, but the participating contractor has not registered their information on the national bidding network system. Can we reject their documents due to invalid status?

According to Clause 1, Article 5 of the Bidding Law 2013, the eligibility of contractors and investors is stipulated as follows:

A contractor or investor is considered eligible when meeting the following conditions:

- Registered establishment and operation certified by the competent authority of the country where the contractor or investor is operating;- Independent financial accounting;- Not in the process of dissolution; not concluded to be in a state of bankruptcy or insolvent according to the law;- Registered on the national bidding network system;- Ensure competition in bidding according to Article 6 of this Law;- Not in the period of being banned from bidding;

...

Based on the above stipulations, a contractor is considered eligible when they meet all the listed conditions. However, since this contractor has not registered on the national bidding network system, they will be deemed ineligible to participate in the bidding. Therefore, your company can reject their documents.

Is there a limit on the bidding currency in international bidding?

According to the provisions of the bidding law, is there a limit to the bidding currency in international bidding?

Based on Point a, Clause 2, Article 10 of the Bidding Law 2013, the bidding currency is stipulated as follows:

For domestic bidding, contractors can only bid in Vietnamese Dong.

For international bidding:

The bidding documents and request documents must stipulate the bidding currency, but not more than three currencies; for a specific work item, only one currency is allowed...

Thus, according to the provisions of the above law, for international bidding, the bidding documents have a limit on the bidding currency, specifically no more than 03 currencies.

Respectfully!

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