What are details of the Law on Bidding 2024 and its guiding documents in Vietnam?
What are details of the Law on Bidding 2024 and its guiding documents in Vietnam?
On June 23, 2024, the National Assembly issued the Law on bidding 2023, which regulates state management over bidding activities, the authority and responsibilities of agencies, organizations, and individuals involved in bidding activities, contractor selection for project packages, and investor selection for business investment projects in Vietnam.
The Law on bidding 2023, which comes into force in Vietnam from January 1, 2024, comprises 96 Articles within 10 Chapters. Hence, the latest Law on bidding of 2024 is the Law on bidding 2023 and will be used until a replacement document is issued.
Currently, the Law on bidding 2023 has 11 guiding documents still in effect as of October 10, 2024, and will continue to be updated (if any):
[1] Circular 69/2024/TT-BTC stipulates the list of goods and services subject to national centralized purchasing.
[2] Circular 15/2024/TT-BKHT specifies bidding dossier templates for selecting investors to implement investment projects under the public-private partnership method and business investment projects; providing and posting investment information under the public-private partnership method, investor selection bidding on the National Bidding Network System.
[3] Decree 115/2024/ND-CP guides the Law on bidding on selecting investors for land utilization projects.
[4] Decision 1667/QD-BYT of 2024 concerning the application of contractor selection in special cases as stipulated at Point d, Clause 1, Article 29 of the Law on bidding 22/2023/QH15.
[5] Circular 05/2024/TT-BYT delineates the list of medicines, medical equipment, and testing supplies subject to price negotiation procedures, and the processes, procedures for selecting contractors for packages applying the price negotiation method.
[6] Circular 06/2024/TT-BKHT guides the provision and posting of information on contractor selection and bidding dossier templates on the National Bidding Network System.
[7] Circular 04/2024/TT-BYT stipulates the list of medicines subject to national centralized purchasing.
[8] Circular 03/2024/TT-BYT regarding the list of medicines with at least three domestically produced brands on production lines meeting EU-GMP standards or equivalent, and satisfying technical criteria as defined by the Ministry of Health regarding quality, price, and supply capability.
[9] Circular 02/2024/TT-BKHT specifies training activities, knowledge enhancement and examination, issuance, revocation of professional certificates in bidding.
[10] Decree 23/2024/ND-CP guides the Law on bidding on selecting investors for projects that must conduct bidding as stipulated by law managing specific sectors or fields.
[11] Decree 24/2024/ND-CP guides the Law on bidding on contractor selection.
What are details of the Law on Bidding 2024 and its guiding documents in Vietnam? (Image from Internet)
Who is entitled to incentives in contractor selection in Vietnam?
According to Article 10 of the Law on bidding 2023, entities entitled to incentives in contractor selection in Vietnam include:
- Goods originating from Vietnam
- Environmentally friendly products and services as per environmental protection laws.
- Domestic contractors providing goods originating from Vietnam consistent with bidding documents.
- Foreign contractors partnering with domestic contractors where domestic contractors account for at least 25% of the contract package value.
- Domestic contractors participating independently or in partnership with other domestic contractors in international bidding.
- Contractors classified as micro-enterprises or small enterprises in accordance with laws supporting small and medium-sized enterprises.
- Contractors classified as innovative start-up enterprises as specified by law.
- Contractors utilizing a workforce consisting of at least 25% women, at least 25% war veterans or individuals with disabilities, or at least 25% ethnic minorities.
What language is used in bidding in Vietnam?
According to Article 12 of the Law on bidding 2023, the languages used in bidding in Vietnam are:
Article 12. Language used in bidding
- The language used for domestic bidding is Vietnamese.
- The language used for international bidding is English or both Vietnamese and English. In cases where the language used in invitation for expression of interest, prequalification bid documents, bidding documents, or request for proposals is both Vietnamese and English, the contractor or investor may choose either Vietnamese or English to participate in the bidding.
Therefore, the language used in bidding is Vietnamese. In the case of international bidding, the language is English or both Vietnamese and English.
