07:49 | 02/10/2024

Vietnam: Evaluation of pre-qualification applications for PPP projects applying the competitive bidding

Regarding the public-private partnership investment, what are the regulations on evaluation of pre-qualification applications for PPP projects applying the competitive bidding in Vietnam?

Under Article 41 of Decree 35/2021/ND-CP, the evaluation of pre-qualification applications in Vietnam are stipulated as follows:

1. Evaluation of validity of a pre-qualification application

A pre-qualification application shall be considered valid when:

a) There is the original copy of the pre-qualification application;

b) There is a valid prequalification application form;

c) There is a valid partnership agreement in case of a partnership;

d) The effect of the pre-qualification application is conformable with regulations of the pre-qualification documents;

dd) The investor does not submit more than one pre-qualification application as independent investor or partnership member;

e) The investor is not being banned from PPP investment as prescribed by PPP laws; not being banned from bidding as prescribed by bidding laws;

g) The investor has lawful status as prescribed in Article 29 of PPP Law.

2. Evaluation of capacity and experience

a) The investor’s capacity and experience shall be evaluated according to the criteria and method specified in the pre-qualification documents;

b) The score of an investor must not be smaller than the passing score for shortlisting; Investors shall be ranked according to their scores. The investor with the highest score shall be ranked first. In case 03 or more investors receive the passing scores, 3 – 6 investors with the highest ranks shall be shortlisted.

3. During evaluation, if a pre-qualification application lacks documents or information proving the investor’s capacity and experience, it shall be clarified, revised, supplemented by the deadline specified in the pre-qualification documents. The clarification and supplementation of the pre-qualification application does not change the bidding investor’s status and name.

Sincerely!

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