10:16 | 17/02/2025

What are forms and methods for selecting investors in Vietnam in 2025?

What are forms for selecting investors in Vietnam in 2025? What are methods for selecting investors in Vietnam in 2025? What information is the project owner responsible for publishing regarding bidding in Vietnam?

What are forms for selecting investors in Vietnam in 2025?

Pursuant to Article 34 of the Law on Bidding 2023 (supplemented by Clause 11, Article 4 of the Law Amending the Law on Planning, Law on Investment, Law on Investment in the form of Public-Private Partnership, and Law on Bidding 2024), the forms of investor selection include:

[1] Open Bidding: Open bidding is applied to investment projects in business with no restriction on the number of participating investors.

[2] Limited Bidding: Limited bidding is applied to investment projects in business with high requirements on technology, techniques, or specific characteristics as per sectoral legal management regulations, where only certain investors meeting the project's requirements are invited to bid.

[3] Selection of investors in special cases

How many types and methods of investor selection will there be in 2025?

What are forms and methods for selecting investors in Vietnam in 2025?​ (Image from the Internet)

What are methods for selecting investors in Vietnam in 2025?

Pursuant to Article 35 of the Law on Bidding 2023 on methods of investor selection:

Article 35. Methods of Investor Selection

  1. One-stage, one-envelope procedure:

a) The one-stage, one-envelope procedure is applied in cases of open bidding and limited bidding for investor selection;

b) Investors submit bidding documents including technical proposals and financial proposals as required by the bidding documents;

c) Bid opening is conducted once for all bids.

  1. One-stage, two-envelope procedure:

a) The one-stage, two-envelope procedure is applied in open bidding for business investment projects requiring architectural works with value as prescribed by law on architecture;

b) Investors submit technical and financial proposal documents separately as required by the bidding documents;

c) Bid opening is conducted twice. The technical proposals are opened immediately after the bid submission deadline. Investors meeting the technical requirements will have their financial proposals opened for evaluation.

[...]

According to the above regulations, the methods of investor selection are as follows:

- One-stage, one-envelope procedure

- One-stage, two-envelope procedure

- Two-stage, one-envelope procedure

What information is the project owner responsible for publishing regarding bidding in Vietnam?

Pursuant to Article 7 of the Law on Bidding 2023 regulating information regarding bidding:

Article 7. Information on Bidding

  1. Information on bidder selection includes:

a) Information about the project, plan for selecting bidders;

b) Expression of interest announcement, prequalification announcement;

c) Bid invitation announcement;

d) Shortlist;

dd) Request for expression of interest, request for prequalification, bidding document, and amendments, clarifications to documents (if any);

e) Bidding results for online bidding;

g) Bid selection results;

h) Main information of the contract;

[...]

Pursuant to Article 8 of the Law on Bidding 2023 regulating the provision and publication of information on bidding:

Article 8. Provision and Publication of Information on Bidding

  1. Responsibilities for publishing information on bidder selection are as follows:

a) The investor is responsible for publishing information stipulated at points a, g, h, i, and k, Clause 1, Article 7 of this Law;

b) The bidder inviter is responsible for publishing information stipulated at points b, c, d, and dd, Clause 1, Article 7 of this Law. For packages organized for international bidding, the bidder inviter must publish the information stipulated at points b, c, and d, Clause 1, Article 7 of this Law in both Vietnamese and English; regarding the information stipulated at point dd, Clause 1, Article 7 of this Law, the bidder inviter publishes in English or both Vietnamese and English;

c) The bidder is responsible for updating and publishing information regarding their capacity and experience into the bidder database, which includes information stipulated at point k, Clause 1, Article 7 of this Law.

[...]

According to the above regulations, the investor is responsible for publishing the following information regarding bidding:

- Information about the project, plan for selecting bidders

- Results of bidder selection

- Main information of the contract

- Information on dealing with legal violations concerning bidding

- Information on the performance results of the bidder's contract

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