What are procedures for selecting procurement contractors in special cases in Vietnam?

What are procedures for selecting procurement contractors in special cases in Vietnam? - image from internet

The process of selecting contractors in special cases is regulated in Article 4 of Decision 17/2019/QD-TTg as follows:

1. For procurement packages specified in Clauses 1 to 13 of this Decision, the selection process is as follows:

a) Develop, appraise, and approve the contractor selection plan.

b) Negotiate the contract with the contractor determined to have sufficient capacity and experience.

c) Approve the contractor selection results.

d) Finalize and sign the contract with the contractor, ensuring that the contract includes all relevant requirements regarding scope, work content, implementation timeline, quality standards, and contract value.

For the procurement package specified in Clause 13 of this Decision, the selected contractor must meet the requirements of sufficient capacity, experience, credibility, and the ability to appraise the investigation and trial costs accurately.

2. For the procurement package specified in Clause 14 of this Decision, the selection process is as follows:

a) Develop, appraise, and approve the plan for selecting imported sports weapons contractors.

b) Negotiate the contract with the selected imported sports weapons contractor.

c) The investor approves the selection results for the imported sports weapons contractor. The selected contractor must be an organization or business licensed to produce and trade weapons, with credibility, sufficient capacity, experience in trading sports weapons, and reasonable import bidding prices.

d) Finalize and sign the contract with the selected imported sports weapons contractor. The contract must include all relevant information regarding scope, work content, imported weapons types, models, labels, country of production, year of production, key technical specifications, implementation timeline, work quality, and contract value. The import license, equipment license, and sports weapon usage license are implemented according to current regulations on the management and usage of sports weapons.

3. For the procurement package specified in Clause 15 of this Decision, the selection process for purchasing air tickets is as follows:

a) For international business trips:

- Based on the approved work plan and flight itinerary, the agency or unit obtains at least two quotations from different air ticket agencies (or one quotation from at least two different airlines, including at least one official agent of the national airline of Vietnam) with the same flight itinerary to consider, compare, and select the air ticket provider based on the following requirements: Direct flights that are suitable for the work schedule; the lowest total ticket cost (including taxes and fees), travel expenses, and waiting time at the airport.

- The head of the agency or unit signs a contract with the selected provider, ensuring the principles of economy, efficiency, and taking responsibility for their decision. In case of changing the flight itinerary abroad due to work needs, the head of the delegation decides on purchasing the tickets.

b) For domestic business trips:

The head of the agency or unit signs a contract with the provider, ensuring the principles of economy, efficiency, and taking responsibility for their decision.

The purchase of air tickets for domestic and international business trips does not require the development, appraisal, and approval of a contractor selection plan.

4. For the package specified in Article 16 of this Decision, the implementation process is as follows:

a) The project investor submits and presents the content of the research plan, research group, and film production according to the annual plan to the competent authority for approval.

b) The project investor sends a notification to the film production units (hereinafter referred to as the film production contractors) about the approved research plan and research group and publishes the information according to the regulations on procurement.

c) The Script Appraisal Council (established by the project investor according to regulations) reviews and selects the best script in terms of content, artistry, and suitability with the approved research plan and research group sent by the film production contractors.

d) Based on the "Script Appraisal" results, the project investor makes a decision or submits to the competent authority to make a decision to include the selected script in the film production plan and notifies the film production contractors with the selected script to prepare the production plan and documents according to the current regulations.

dd) The Film Production Project Selection Council (established by the project investor according to regulations) evaluates the overall production plan submitted by the film production contractors and prepares a report on the evaluation results, selection, and recommendation of contractors to advise the project investor.

e) Based on the report on the evaluation results, selection, and recommendation of contractors by the Film Production Project Selection Council, the project investor approves the selection results of the film production contractors, approves or submits to the competent authority for approval the maximum state cooperation production price. Based on the selection results of the film production contractors, the project investor signs a contract to implement the film production project according to the current regulations.

g) After completing the film production process, the project investor conducts product acceptance, performs inspections, makes decisions or submits to the competent authority to approve the project cost settlement (including production, promotion, and distribution costs) and contract liquidation according to the current regulations.

5. For the package specified in Article 17 of this Decision, the implementation process is as follows:

a) The competent authority responsible for resolving construction disputes establishes criteria, work assignment provisions, and control mechanisms for legal professional organizations and lawyers, determines a list (not less than 03) of anticipated legal professional organizations and lawyers to be hired, and selects from the list reputable and experienced legal professional organizations and lawyers, with priority given to those who have participated in and won many international lawsuits.

b) The competent authority responsible for resolving construction disputes negotiates the legal service contract with the most advantageous legal professional organization or lawyer based on the criteria, work assignment provisions, and control mechanisms for legal professional organizations and lawyers in the lawsuit.

c) The competent authority responsible for resolving construction disputes approves the selection results of the legal professional organization or lawyer.

d) The competent authority responsible for resolving construction disputes finalizes and signs the legal service contract with the legal professional organization or lawyer.

6. For the package specified in Article 18 of this Decision, the implementation process is as follows:

The head of the agency or unit directly signs the contract with the supplier to carry out the project (without the need to develop, appraise, or approve the contractor selection plan).

7. For the package specified in Article 19 of this Decision, the implementation process is as follows:

The head of the agency or unit deciding the procurement ensures the principles of economy, efficiency, and takes responsibility for their decisions; it is not mandatory to sign a contract with the supplier, but the invoice and supporting documents must be in accordance with the provisions of the law (without the need to develop, appraise, or approve the contractor selection plan).

8. For the package specified in Article 20 of this Decision, the implementation process is as follows:

a) The contractor selection plan must clearly state the contract implementation time, the package price (budgeted cost for the entire contract), and the expected payment value for the contractor in each year (first year, second year, third year, etc.).

b) The person with the authority to approve the contractor selection plan and is responsible for ensuring sufficient funds for contract payment in each year.

c) When preparing the bidding documents, the requirements must clearly state the contract implementation time and payment conditions for the contractor (payment by year, after the annual budget is approved by the competent authority).

In cases where the selection of contractors for the above-mentioned services has been carried out through open bidding or restricted bidding, at the end of the contract implementation period, the inviting party may negotiate to continue the contract based on transparency and economic efficiency. The contract implementation period (including the period for the old package and any extensions) must not exceed 05 years.

Best regards!