What is the fee for appraising the contractor selection result in Vietnam? Which subjects are eligible for incentives in contractor selection in Vietnam?

What is the fee for appraising the contractor selection result in Vietnam?

Pursuant to Clause 6 Article 12 of the Decree 24/2024/ND-CP stipulating fees associated with contractor selection:

Fees associated with contractor selection

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6. The fee for appraising the contractor selection result, including cases where no bidder is selected, is 0.1% of the fixed budget, capped at a minimum of 3,000,000 VND and a maximum of 60,000,000 VND.

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As regulated above, The fee for appraising the contractor selection result is 0.1% of the fixed budget, capped at a minimum of 3,000,000 VND and a maximum of 60,000,000 VND.

Note: The fee for appraising the contractor selection result includes cases where no bidder is selected.

What is the fee for appraising the contractor selection result in Vietnam? Which subjects are eligible for incentives in contractor selection in Vietnam? - image from internet

Which subjects are eligible for incentives in contractor selection in Vietnam?

Pursuant to Article 10 of the Law on Bidding in 2023 stipulating incentives in contractor and investor selection:

Incentives in contractor and investor selection

1. Subjects eligible for incentives in contractor selection:

a) Originating goods of Vietnam;

b) Eco-friendly products and services as prescribed by the Law on environmental protection;

c) Domestic bidders that produce originating goods of Vietnam meeting the requirements laid down in bidding documents;

d) Foreign bidders and domestic bidders coming together under a consortium agreement in which the domestic bidders take charge of at least 25% of total value of tasks of the package;

dd) A domestic bidder that submits a bid as an independent bidder or forms a consortium with other domestic bidders to participate in an international bidding;

e) Bidders that are microenterprises or small enterprises as prescribed in the Law on assistance for small and medium-sized enterprises;

g) Bidders that are startups as prescribed by laws;

h) A bidder that employs the number of female workers, wounded soldiers and people with disabilities, or ethnics, each accounting for at least 25% of their total employees.

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As regulated above, subjects eligible for incentives in contractor selection include:

- Originating goods of Vietnam;

- Eco-friendly products and services as prescribed by the Law on environmental protection;

- Domestic bidders that produce originating goods of Vietnam meeting the requirements laid down in bidding documents;

- Foreign bidders and domestic bidders coming together under a consortium agreement in which the domestic bidders take charge of at least 25% of total value of tasks of the package;

- A domestic bidder that submits a bid as an independent bidder or forms a consortium with other domestic bidders to participate in an international bidding;

- Bidders that are microenterprises or small enterprises as prescribed in the Law on assistance for small and medium-sized enterprises;

- Bidders that are startups as prescribed by laws;

- A bidder that employs the number of female workers, wounded soldiers and people with disabilities, or ethnics, each accounting for at least 25% of their total employees.

What are conditions for international bidding for contractor selection in Vietnam?

Pursuant to Clause 1 Article 11 of the Law on Bidding in 2023, international bidding may be organized if one of the following conditions is satisfied:

- The international bidding is requested by the donor that finances the project or package under an international convention or loan agreement;

- In case of a package for consulting services, non-consulting services, construction or mixed package, none of the domestic bidders meets the requirements of the package, or the domestic prequalification or EOI procedure or competitive bidding for the package has been held but none of prequalification applications, EOIs or bids is received;

- In case of a consulting service package in which the competent person believes that the participation of foreign bidders is necessary for improving the quality of the package or project, the competent person decides to organize international bidding and assumes responsibility for his/her decision;

- In case of a procurement package, the good to be procured cannot be domestically manufactured or none of domestic manufacturers of such a good satisfies all technical, quality and price requirements.

If the good to be procured is a common good which has been imported and sold in Vietnam, the organization of international bidding is not allowed.

Best regards!