What is the roadmap for online contractor according to the Law on Bidding in 2023 in Vietnam? What bidding information are published on the Vietnam E-Procurement System (VNEPS)?

What is the roadmap for online contractor according to the Law on Bidding in 2023 in Vietnam?

Pursuant to Clause 1 Article 50 of the Law on Bidding in 2023 stipulating the roadmap for online contractor:

- From the effective date of this Law to December 31, 2024 inclusively, the Government shall decide whether to adopt online bidding method or not;

- From January 01, 2025, the online bidding method shall apply to all packages, except cases where the bidding is not conducted on VNEPS as prescribed in Clause 5 of the Law on Bidding in 2023.

Note: The above roaadmap is applied to the domestic competitive bidding, limited bidding and shopping conducted on VNEPS.

What is the roadmap for online contractor according to the Law on Bidding in 2023 in Vietnam? - image from internet

What bidding information are published on the Vietnam E-Procurement System (VNEPS)?

Pursuant to Article 7 of the Law on Bidding in 2023 stipulating bidding information published on the Vietnam E-Procurement System (VNEPS):

- Information on contractor selection includes:

+ Information on the contractor selection plan or project;

+ Invitation for EOIs or invitation for prequalification applications;

+ Invitation for bid;

+ Shortlist;

+ EOI request, prequalification document, bidding documents, and any addenda or responses to requests for clarification thereof;

+ Bid opening results in case of online bidding;

+ Contractor selection result;

+ Main contents of the contract;

+ Actions against violations of the bidding law;

+ Information on the contractor’s performance;

+ Other relevant information.

- Information on investor selection includes:

+ Information on the investment project as prescribed in Clause 2 Article 47 of this Law;

+ Invitation for EOIs, EOI request; EOI selection results;

+ Invitation for bid, bidding documents and any addenda or responses to requests for clarification thereof;

+ Investor selection results;

+ Main contents of the contract;

+ Actions against violations of the bidding law;

+ Other relevant information.

Note: The information on contractor selection and investor selection must be published on the VNEPS, except the information on projects, investment projects or packages classified as state secrets.

What are requirements for a bidder or investor that is an individual shall be deemed to be eligible in Vietnam?

Pursuant to Article 5 of the Law on Bidding in 2023 stipulating eligibility of bidders or investors:

Eligibility of bidders or investors

1. A bidder or investor that is an organization shall be deemed to be eligible if meeting the following requirements:

a) A domestic bidder or investor must be an enterprise, cooperative, cooperative union, artel, public sector entity or foreign-invested business organization that is duly established and operating under the law of Vietnam. A foreign bidder or investor must be duly established and operating under the law of a foreign country;

b) It must keep independent accounting records;

c) It is not undergoing dissolution process or subject to revocation of enterprise registration certificate, cooperative/cooperative union/ artel registration certificate; is not facing insolvency as prescribed by the law on bankruptcy;

c) Its name is registered on VNEPS before the grant of approval for contractor or investor selection result;

dd) It must ensure competitiveness in bidding as prescribed in Article 6 of this Law;

e) It is not being prohibited from participating in bidding according to a decision issued by a competent person, Minister, head of ministerial agency, Governmental agency or another central-government agency, or Chairperson of the provincial-level People’s Committee as prescribed in Clause 3 Article 87 of this Law;

g) It is not liable to criminal prosecution;

h) Its name is included in the shortlist in case the shortlist has been made available;

i) A foreign bidder is requested to enter into a consortium with a domestic bidder or will subcontract domestic bidders, unless domestic bidders are incapable of performing any tasks of the package.

2. A bidder that is a household business shall be deemed to be eligible if meeting the following requirements:

a) It has a valid certificate of household business registration issued in accordance with regulations of law;

b) It is not undergoing the process of operation termination or subject to revocation of certificate of household business registration; the owner of the household business is not liable to criminal prosecution;

c) It meets the requirements laid down in Points d, dd, e and h Clause 1 of this Article.

3. A bidder or investor that is an individual shall be deemed to be eligible if meeting the following requirements:

a) He/she has full capacity for civil acts in accordance with regulations of the law of the country whose citizenship he/she is holding;

b) He/she possesses appropriate professional certificate(s) if required by laws;

c) He/she meets the requirements laid down in Points e and g Clause 1 of this Article.

4. A bidder or investor that meets the eligibility requirements laid down in Clause 1, 2 or 3 of this Article may participate in the bidding as an independent bidder or consortium bidder.

As regulated above, a bidder or investor that is an individual shall be deemed to be eligible if meeting the following requirements:

- He/she has full capacity for civil acts in accordance with regulations of the law of the country whose citizenship he/she is holding;

- He/she possesses appropriate professional certificate(s) if required by laws;

- He/she is not being prohibited from participating in bidding according to a decision issued by a competent person, Minister, head of ministerial agency, Governmental agency or another central-government agency, or Chairperson of the provincial-level People’s Committee.

- He/she is not liable to criminal prosecution.

Best regards!