What is bidding in advance according to the law in Vietnam? Which packages can be subjected to bidding in advance in Vietnam?
What is bidding in advance according to the law in Vietnam? Which packages can be subjected to bidding in advance in Vietnam?
Pursuant to Article 42 of the Law on Bidding 2023 (amended by Clause 14, Article 4 of the Law on Amendments to the Law on Planning, the Law on Investment, the Law on Public-Private Partnership, and the Law on Bidding 2024), bidding in advance is defined as follows:
Article 42. Bidding in advance
- Bidding in advance is the process of executing certain procedures before international treaties, foreign loan agreements are signed for projects using ODA capital, foreign concessional loans, or before the project investment is approved, in order to expedite project implementation, except for packages that need to be executed before project approval.
- Packages eligible for bidding in advance include:
a) Packages for the procurement of goods with clearly defined supply scope and technical requirements;
b) Packages for the provision of consulting, non-consulting services, goods, construction serving compensation work, site clearance, relocation of infrastructure, technical works, bomb and mine clearance, planning, resettlement;
c) Packages for project management consulting for works carried out after project approval, preparation of technical design dossiers, construction drawing design dossiers, construction supervision;
d) Packages under projects using ODA capital, foreign concessional loans requiring bidding in advance as mandated by donor requirements. If the donor does not specify, packages under projects using ODA capital, foreign concessional loans may proceed with bidding in advance as per the provisions of items a, b, and c of this clause.
- For packages stipulated in Clause 2 of this Article, the procedures conducted prior to project approval or before signing international treaties, foreign loan agreements include:
a) Development, appraisal, and approval of contractor selection plans;
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According to the above regulations, bidding in advance involves performing certain procedures before international treaties, foreign loan agreements are signed for projects using ODA capital, foreign concessional loans, or before project investment approval to accelerate project implementation, except for packages that need to be executed before project approval.
Packages eligible for bidding in advance include:
(1) Packages for procuring goods with clearly defined supply scope and technical requirements;
(2) Packages for providing consulting, non-consulting services, goods, construction serving compensation work, site clearance, infrastructure relocation, technical works, bomb, and mine clearance, planning, resettlement;
(3) Packages for project management consulting for works performed after project approval, preparation of technical design dossiers, construction drawing design dossiers, construction supervision;
(4) Packages under projects using ODA capital, foreign concessional loans that require bidding in advance as mandated by donors.
If the donor does not specify, packages under projects using ODA capital, foreign concessional loans may proceed with bidding in advance according to provisions (1), (2), (3).
What is bidding in advance according to the law in Vietnam? Which packages can be subjected to bidding in advance in Vietnam? (Image from the Internet)
What is the time to prepare a contractor selection plan for an bidding in advance package in Vietnam?
Pursuant to Clause 2, Article 128 of Decree 24/2024/ND-CP (amended by Clause 28, Article 2 of Decree 17/2025/ND-CP) on the appraisal of contractor selection plans:
Article 128. Appraisal of Contractor Selection Plans
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- The content of the appraisal includes:
Appraisal of the contractor selection plan involves reviewing, evaluating, and providing opinions based on the legal regulations on bidding and related laws on the following contents:
a) Legal basis for preparing the contractor selection plan:
Consider the appropriateness, completeness of the legal basis for preparing the contractor selection plan and any necessary notes (if any).
For bidding in advance packages, the preparation of the contractor selection plan is conducted before the signing of international treaties, foreign loan agreements for projects using ODA capital, foreign concessional loans, or before project investment approval as stipulated in Article 42 of the Law on Bidding.
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According to the regulation above, the timing for preparing the contractor selection plan for bidding in advance packages is before the signing of international treaties, foreign loan agreements for projects using ODA capital, foreign concessional loans, or before project investment approval.
What are principles for preparation of contractor selection plan in Vietnam?
Pursuant to Article 37 of the Law on Bidding 2023, the contractor selection plan is prepared based on the following principles:
- The contractor selection plan is prepared for the entire project, procurement estimate. For procurement estimates, the plan may be based on the annual budget procurement estimate and the projected procurement estimate for the following budget years. If conditions do not permit the preparation of the plan for the entire project, procurement estimate, then the plan is prepared for one or several packages to be implemented in advance.
- For packages with a duration longer than one year, the plan must clearly state the implementation period of the package, and the package price based on the entire implementation period.
- The contractor selection plan must clearly state the number of packages and the content of each package.
- Approval of the contractor selection plan must be based on technical nature, implementation sequence; ensuring the project's, procurement estimate's synchronicity and it aligns with the approved overall contractor selection plan (if any).
- The contractor selection plan is prepared after the procurement estimate, project approval decision, or simultaneously with the project preparation, procurement estimate, or before the project approval decision for packages that need to be executed before project approval.
