Which packages shall be applied for selection of contractors in special cases in Vietnam?
Which packages shall be applied for selection of contractors in special cases in Vietnam?
Based on Article 29 of the Law on Bidding 2023 (amended by Clause 8, Article 4 of the Law Amending the Planning Law, Investment Law, Public-Private Partnership Investment Law, and Bidding Law 2024) stipulating the selection of contractors in special cases:
Article 29. Selection of contractors in special cases
- The selection of contractors in special cases is applied to the packages under projects or procurement estimates with one or several unique conditions regarding processes, procedures, contractor selection criteria, contract signing and implementation conditions, or when implementation requires ensuring national defense, security, foreign relations, territorial boundaries, fulfilling national political tasks that cannot apply any of the contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of this Law.
- The Government of Vietnam shall detail this Article.
According to the above regulation, contractor selection in special circumstances is applied to packages under projects or procurement estimates with one or several unique conditions regarding processes, procedures, contractor selection criteria, contract signing and execution conditions, or when execution requires ensuring national defense, security, foreign relations, territorial boundaries, fulfilling national political tasks that cannot apply one of the following contractor selection methods:
- Open bidding
- Limited bidding
- Direct contracting
- Competitive quotation
- Direct procurement
- Self-implementation
- Community participation
- Price negotiation
Which packages shall be applied for selection of contractors in special cases in Vietnam? (Image from the Internet)
What are forms of contractor selection in Vietnam?
Based on Article 20 of the Law on Bidding 2023 stipulating the forms of contractor selection:
Article 20. Forms of contractor selection
- The forms of contractor selection include:
a) Open bidding;
b) Limited bidding;
c) Direct contracting;
d) Competitive quotation;
dd) Direct procurement;
e) Self-implementation;
g) Community participation;
h) Price negotiation;
i) Selection of contractors in special cases.
- In case of arising other forms of contractor selection as stipulated in Clause 1 of this Article, with superior characteristics, using advanced modern electronic means, the Government of Vietnam shall stipulate the form, process, and appropriate subjects with the new features of the National Bidding Network System, ensuring the objectives of competition, fairness, transparency, and economic efficiency in bidding.
Thus, there are 9 forms of contractor selection as follows:
- Open bidding
- Limited bidding
- Direct contracting
- Competitive quotation
- Direct procurement
- Self-implementation
- Community participation
- Price negotiation
- Selection of contractors in special cases
What information about contractor selection is the bid solicitor in Vietnam responsible for posting?
Based on Clause 1, Article 8 of the Law on Bidding 2023 stipulating the provision and publication of information on bidding:
Article 8. Provision and publication of information on bidding
- Responsibilities for publishing information about contractor selection are stipulated as follows:
a) The investor is responsible for publishing the information stipulated in points a, g, h, i, and k of Clause 1, Article 7 of this Law;
b) The bid solicitor is responsible for publishing the information stipulated in points b, c, d, and dd of Clause 1, Article 7 of this Law. For packages organized for international bidding, the bid solicitor must publish the information stipulated in points b, c, and d of Clause 1, Article 7 of this Law in both Vietnamese and English; for the information stipulated in point dd of Clause 1, Article 7 of this Law, the bid solicitor publishes in English or both Vietnamese and English;
c) The contractor is responsible for updating and publishing information about their capacity and experience in the contractor database, including the information stipulated in point k of Clause 1, Article 7 of this Law.
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According to the above regulation, the bid solicitor has the responsibility to publish the following information about contractor selection:
- Notice of interest, notice of pre-qualification
- Bidding invitation notice
- Shortlist
- Filing invitation of interest, filing pre-qualification invitation, bidding invitation filing, and contents modifying or clarifying the file (if any)
For packages organized for international bidding, the bid solicitor must publish the following information in Vietnamese and English:
- Notice of interest, notice of pre-qualification
- Bidding invitation notice
- Shortlist
For filing invitations of interest, filing pre-qualification invitations, bidding invitations, and the contents modifying or clarifying the file (if any), the bid solicitor publishes in English or both Vietnamese and English.
