14:38 | 02/02/2024

What are cases of no-bid contract awarding according to shortened process in Vietnam?

What are cases of no-bid contract awarding according to shortened process in Vietnam? What are the expenses incurred by the composition of the Request for EOI and Prequalification in Vietnam? What is the time limit of safe custody for bid packages during the selection of contractors in Vietnam?

What are cases of no-bid contract awarding according to shortened process in Vietnam?

What are cases of no-bid contract awarding according to shortened process in Vietnam? Thank you!

Answer:

Pursuant to Article 56 of the Decree 63/2014/ND-CP stipulating provisions of the law on bidding regarding the selection of contractors as follows:

The procurement package needs to be implemented to promptly overcome or deal with the consequences caused by force majeure events; the procurement package needs to be implemented to ensure state secrets; the procurement package needs to be implemented immediately to avoid direct harm to the lives, health, and properties of the community in the area or to prevent serious impacts on adjacent works; the procurement package for purchasing drugs, chemicals, medical supplies, and equipment is to carry out urgent epidemic prevention and control measures (except for the procurement package needed to ensure state secrets).

The procurement package with a value within the prescribed limit is applicable for restricted procurement of goods or services, while the procurement package with a value exceeding the prescribed limit is applicable for restricted procurement according to the government's regulations, which are suitable for the economic and social conditions of each period.

+ Contracts for consulting services, non-consulting services, and public services: VND 500 million; contracts for goods procurement, construction, installation, procurement of medicines, medical equipment, public procurement, mixed contracts: VND 01 billion;

What are cases of no-bid contract awarding according to shortened process in Vietnam? - Image from Internet

What are the expenses incurred by the composition of the Request for EOI and Prequalification in Vietnam?

What are the expenses incurred by the composition of the Request for EOI and Prequalification in Vietnam? Thank you!

Answer:

Pursuant to Clause 2 Article 9 of the Decree 63/2014/ND-CP stipulating provisions of the law on bidding regarding the selection of contractors as follows:

Expenses incurred by the composition and evaluation of the Request for EOI and Prequalification:

- Expenses incurred by the composition of the Request for EOI and Prequalification account for 0.05% of the bid price but are identified at the minimum price of VND 1,000,000 and the maximum price of VND 30,000,000;

- Expenses incurred by the evaluation of the Request for EOI and Prequalification account for 0.03% of the bid price but are identified at the minimum price of VND 1,000,000 and the maximum price of VND 30,000,000;

As regulations above, expenses incurred by the composition of the Request for EOI is calculated as a percentage of the package value. The minimum price of VND 1,000,000 and the maximum price of VND 30,000,000.

What is the time limit of safe custody for bid packages during the selection of contractors in Vietnam?

What is the time limit of safe custody for bid packages during the selection of contractors in Vietnam? Thank you!

Answer:

Pursuant to Article 10 of the Decree 63/2014/ND-CP stipulating provisions of the law on bidding regarding the selection of contractors as follows:

Article 10. Safe custody for bid packages during the selection of contractors

1. All of documents regarding the selection of contractors shall be kept to a minimum of 03 years after the contract finalization, except for those prescribed in Clause 2, 3 and 4 of this Article.

...

3. In case of the bid cancellation, all of relevant documents shall be kept within the period of 12 months from the date on which the decision on the bid cancellation is made.

4. Financial statements, as-built dossiers and other documents regarding the selected bidders shall be kept in a safe manner according to legal regulations on the document custody.

According to the regulation mentioned above, all documents related to the contractor selection process are required to be retained for a minimum of 3 years, with no maximum limit. This applies except for the settlement documents, completion documents, and any related documents pertaining to the winning contractor of the procurement package and cases of contract cancellation.

Best regards!

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