What are regulations on shopping method applying to PC packages of which construction tasks from 01/01/2024 in Vietnam?

What packages shall be applied with price negotiation in Vietnam?

Pursuant to Article 28 of the Law on Bidding in 2023 stipulating price negotiation as follows:

Price negotiation

1. Price negotiation applies to the following packages:

a) Purchase of original brand-name drugs or reference biologicals;

b) Purchase of drugs, medical devices or test equipment of a type which can only be manufactured by 01 or 02 manufacturers.

2. The price negotiation method shall be adopted according to a decision issued by the Minister of Health of Vietnam who shall also issue the list of drugs, medical devices and test equipment to be procured through price negotiation and specific contractor selection procedures and process for packages executed adopting price negotiation method.

As regulations above, price negotiation applies to the following packages:

- Purchase of original brand-name drugs or reference biologicals;

- Purchase of drugs, medical devices or test equipment of a type which can only be manufactured by 01 or 02 manufacturers.

What are requirements for direct procurement in Vietnam?

Pursuant to Article 25 of the Law on Bidding in 2023, direct procurement applies to packages for purchase of similar goods of projects or procurement cost estimates of the same employer or another employer provided that the following requirements must be satisfied:

- The contractor has won the bid through competitive bidding or limited bidding and has signed a contract for executing a previous package;

- The employer may only make one direct procurement of goods for the current package of which the quantity of each procurement item must be smaller than 130% of that of the corresponding procurement item of the previous package, excluding quantities of additional purchase (if any);

- Unit prices of component tasks of the package applying the direct procurement do not exceed those of corresponding tasks of the previous package and must be also conformable with the market price at the time of contract completion;

- The previous contract has been signed no more than 12 months before the date of approval of the direct procurement result.

Note: If the previous contractor is no longer capable of executing the direct procurement contract, another contractor who satisfies all capacity, experience, technology and price requirements laid down in the bidding documents and according to the previous contractor selection result may be awarded the contract.

What are regulations on shopping method applying to PC packages of which construction tasks from 01/01/2024 in Vietnam?

Pursuant to Article 24 of the Law on Bidding in 2023 stipulating shopping as follows:

Shopping

The shopping method applies to the following packages whose price does not exceed VND 05 billion:

1. Common and uncomplicated non-consulting service packages;

2. Packages for procurement of normal goods which are available on the market, have standardized technical properties and equivalent quality;

3. Simple construction packages for which approved building drawing designs are available;

4. PC packages of which construction tasks meet the requirements laid down in Clause 3 of this Article.

As regulations above, from 01/01/2024, PC packages of which construction tasks whose price does not exceed VND 05 billion. The packages shall also meet the requirements that simple construction packages for which approved building drawing designs are available.

Best regards!