When shall limited bidding be adopted in Vietnam?

When shall limited bidding be adopted in Vietnam?

Pursuant to Article 22 of the Law on Bidding in 2023 stipulating limited bidding:

Limited bidding

Limited bidding is a contractor selection method whereby only bidders meeting the requirements of the package are invited to submit bids, and is adopted in the following cases:

1. Packages have high technical requirements or involve special techniques that can only be satisfied by some bidders;

2. The limited bidding method is adopted at the request of the donor that finances the project or package under an international convention or loan agreement.

As regulations above, limited bidding is adopted in the following cases:

- Packages have high technical requirements or involve special techniques that can only be satisfied by some bidders;

- The limited bidding method is adopted at the request of the donor that finances the project or package under an international convention or loan agreement.

When shall limited bidding be adopted in Vietnam? - image from internet

Is it permissible to apply the single-stage one-envelope procedure to the limited bidding in Vietnam?

Pursuant to Article 30 of the Law on Bidding in 2023 stipulating single-stage one-envelope procedure:

Single-stage one-envelope procedure

1. Single-stage one-envelope procedure shall be adopted in the following cases:

a) Competitive bidding or limited bidding for non-consulting service, procurement, construction or mixed packages, except the cases specified in Point b Clause 1 Article 31 of this Law;

b) Shopping for non-consulting service, procurement, construction or PC packages;

c) Direct contracting for consulting service, non-consulting service, procurement, construction, or mixed packages;

d) Direct procurement for procurement packages.

2. Bidders submit bids or proposals in one envelope containing both the technical proposal and the financial proposal in accordance with the requirements laid down in the bidding documents or RFP.

3. All bids or proposals shall be opened at the same bid opening.

As regulations above, it is permissible to apply the single-stage one-envelope procedure to the limited bidding for non-consulting service, procurement, construction or mixed packages, except the cases of competitive bidding or limited bidding for non-consulting service, procurement, construction, or mixed packages with high technical requirements as prescribed by the law on science and technology.

In addition, single-stage one-envelope procedure shall be adopted in the following cases:

- Shopping for non-consulting service, procurement, construction or PC packages;

- Direct contracting for consulting service, non-consulting service, procurement, construction, or mixed packages;

- Direct procurement for procurement packages.

Who are responsible for publishing information on contractor selection in Vietnam?

Pursuant to Clause 1 Article 8 of the Law on Bidding in 2023 stipulating provision and publishing of bidding information:

Provision and publishing of bidding information

1. Responsibility to publish information on contractor selection:

a) The employer shall publish the information specified in Points a, g, h, i and k Clause 1 Article 7 of this Law;

b) The procuring entity shall publish the information specified in Points b, c, d and dd Clause 1 Article 7 of this Law; In case of international bidding, the procuring entity shall publish the information specified in Points b, c and d Clause 1 Article 7 of this Law in both Vietnamese and English; the information specified in Point dd Clause 1 Article 7 of this Law may be published in either English or both Vietnamese and English;

c) The contractor shall update and publish information on their capacity and experience on the contractor database, including the information specified in Point k Clause 1 Article 7 of this Law.

2. Responsibility to publish information on investor selection:

a) The competent authority shall publish the information specified in Points a, b and e Clause 2 Article 7 of this Law;

b) The procuring entity shall publish the information specified in Points c, d and dd Clause 2 Article 7 of this Law. In case of international bidding, the procuring entity shall publish such information in both Vietnamese and English.

3. The organizations and individuals that provide and publish the information specified in Clauses 1 and 2 of this Article shall assume legal responsibility for the accuracy and truthfulness of the information registered and published on VNEPS as well as the consistency of documents published with those approved.

4. The information specified in Points a, d, g, h, I Clause 1 and Points a, d, dd, e Clause 2 Article 7 of this Law must be published on VNEPS within 05 working days from the day on which the relevant document is issued or the contract becomes effective.

As regulations above, followiing entities are responsible for publishing information on contractor selection in Vietnam:

- The employer;

- The procuring entity;

- The contractor.

Best regards!

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