What are conditions for issuing bidding documents used for investor selection in Vietnam?
What are conditions for issuing bidding documents used for investor selection in Vietnam?
Pursuant to Article 16 of Decree 115/2024/ND-CP which stipulates the conditions for issuing bidding documents in Vietnam:
Article 16. Conditions for issuing bidding documents
Bidding documents shall only be issued to select investors when the following conditions are met:
- The project has been approved for investment policy (for projects requiring investment policy approval) or the information on the investment project using land has been approved (for projects not requiring investment policy approval);
- The investment project using land has been announced according to the provisions of Article 10 or Article 11 of this Decree;
- The bidding documents have been approved;
- Other conditions as stipulated by sectoral and field management laws (if any).
Thus, the bidding documents are issued to select investors when the following conditions are met:
- The project has been approved for investment policy (for projects requiring investment policy approval) or the information on the investment project using land has been approved (for projects not requiring investment policy approval)
- The investment project using land has been announced according to the provisions of Article 10 or Article 11 of this Decree
- The bidding documents have been approved
- Other conditions as stipulated by sectoral and field management laws (if any)
What are conditions for issuing bidding documents used for investor selection in Vietnam? (Image from the Internet)
What are the contents of the bidding document used for investor selection in Vietnam?
Pursuant to Article 48 of Bidding Law 2023 which stipulates the contents of the bidding document used for investor selection:
Article 48. Contents of the bidding document used for investor selection
1. The bidding document includes:
a) Instructions to investors;
b) Bidding data sheet;
c) Contents for checking and evaluating the validity of bid documents;
d) Methods and standards for assessing the capacity and experience of investors; business investment plans; efficiency of land use or efficiency of sectoral, local development investment;
dd) Bid and invitation forms;
e) Information and requirements for implementing the business investment project;
g) Draft contract, contract forms;
h) Other related contents.
2. The bidding document shall not specify any condition aimed at restricting the participation of investors or creating advantages for one or several investors causing unfair competition.
Thus, the bidding document used for investor selection in Vietnam has the following contents:
- Instructions to investors
- Bidding data sheet
- Contents for checking and evaluating the validity of bid documents
- Methods and standards for assessing the capacity and experience of investors; business investment plans; efficiency of land use or efficiency of sectoral, local development investment
- Bid and invitation forms
- Information and requirements for implementing the business investment project
- Draft contract, contract forms
- Other related contents
How long is the preparation time for bid documents in domestic bidding to select investors in Vietnam?
Pursuant to Article 49 of Bidding Law 2023 which stipulates the investor selection duration in Vietnam:
Article 49. Investor selection duration
- For domestic bidding, the minimum time for preparing bid documents is 45 days from the first day of issuing the bidding document to the deadline for bid submission.
- For international bidding, the minimum time for preparing bid documents is 60 days from the first day of issuing the bidding document to the deadline for bid submission.
- For other tasks not specified in Clauses 1 and 2 of this Article, the authorized person and the inviting party are responsible for deciding on the time based on ensuring the progress of the business investment project.
Thus, the minimum preparation time for bid documents in domestic bidding to select investors is 45 days from the first day of issuing the bidding document to the deadline for bid submission.
