According to the law in Vietnam, what bidding package are not under CPTPP Agreement, EVFTA Agreement and UKVFTA Agreement?

According to the law in Vietnam, what bidding package are not under CPTPP Agreement, EVFTA Agreement and UKVFTA Agreement?

Pursuant to Section 8 and 9, Appendix I issued together with the Decree 09/2022/NĐ-CP stipulating as follows:

8. Bidding packages not covered by the CPTPP, EVFTA and UKVFTA Agreements:

a) Bidding packages for consulting and non-consulting services associated with the management and operation of Government works and privately owned works used for public purposes;

b) Bidding packages for construction services of the headquarters of the agencies mentioned in Clause 3.1 of this Appendix;

c) Bidding packages for the purpose of developing, protecting and preserving artistic, historical, archaeological or cultural values ​​of the country;

d) Bidding packages for procurement of goods and accompanying services related to national reserves in accordance with the Law on National Reserves;

dd) Bidding packages with the aim of enhancing the health, welfare, economic development and social progress of ethnic minorities;

e) Bidding packages related to national celebrations and religious purposes;

g) The selection of a contractor to provide transport services in case such transportation service is part of the bidding package;

h) Bidding packages of a procurement agency purchased from another state agency;

i) Bidding packages organized by a procurement agency to select contractors instead of another agency are not regulated by this Decree;

k) Bidding packages for procurement of goods and provision of services related to the martyrs cemetery of the Ministry of Labor, War Invalids and Social Affairs;

l) Bidding packages for provision of investment management services, investment consulting, depository and securities custody services for the purpose of managing and investing assets of the Social Insurance Fund of Vietnam Social Security;

m) Bidding package for restoration services of Ho Chi Minh National Academy of Politics;

n) Bidding packages related to the production of news and documentaries of the Vietnam News Agency;

o) Bidding packages using non-refundable aid and grants from organizations or individuals that are not on the list of procuring agencies in Clause 3 of Appendix I, Clause 3 of Appendix II and Clause 3 of Appendix III enclosed herewith. under this Decree.

9. Construction services bidding packages of the Ministry of Transport under the scope of this Decree are not open to CPTPP member countries.

What are conditions of bidding package to be included in the CPTPP Agreement?

Pursuant to Section 1, Appendix II issued together with the Decree 09/2022/NĐ-CP stipulating as follows:

1. Bidding packages only under the scope of the CPTPP Agreement are bidding packages that fully satisfy the following conditions:

a) Have a bid package price from the price threshold specified in Clause 2 of this Appendix or higher;

b) Belong to the project, the cost estimate of the procuring agency listed in Clause 3 of this Appendix;

c) Bidding packages for consulting services, non-consulting services, construction services, and goods procurement mentioned in Clauses 4, 5 and 6 of this Appendix;

d) Not fall into the exclusion mentioned in Clause 7 of this Appendix.

What are regulations on the price threshold of the bidding package under the CPTPP Agreement?

Pursuant to Section 2, Appendix II issued together with the Decree 09/2022/NĐ-CP stipulating as follows:

2. Bid package price threshold

2.1. The bidding package price thresholds for bidding packages of consulting services, non-advisory services and goods procurement of central-level procurement agencies listed in Clause 3.1 of this Appendix are prescribed as follows:

a) From January 14, 2019 to the end of January 13, 2024: SDR 2,000,000;

b) From January 14, 2024 to the end of January 13, 2029: SDR 1,500,000;

c) From January 14, 2029 to the end of January 13, 2034: SDR 1,000,000;

d) From January 14, 2034 to the end of January 13, 2039: SDR 260,000;

dd) From January 14, 2039 to the end of January 13, 2044: SDR 190,000;

e) From January 14, 2044 onwards: SDR 130,000.

2.2. The bidding package price thresholds for construction service bidding packages of central-level procurement agencies listed in Clause 3.1 of this Appendix are prescribed as follows:

a) From January 14, 2019 to the end of January 13, 2024: SDR 65,200,000;

b) From January 14, 2024 to the end of January 13, 2029: SDR 32,600,000;

c) From January 14, 2029 to the end of January 13, 2034: SDR 16,300,000;

d) From January 14, 2034 onwards: SDR 8,500,000.

2.3. The bidding package price thresholds for bidding packages of consulting services, non-advisory services and goods procurement of other procuring agencies listed in Clause 3.2 of this Appendix are prescribed as follows:

a) From January 14, 2019 to the end of January 13, 2024: SDR 3,000,000;

b) From January 14, 2024 onwards: SDR 2,000,000.

2.4. The bidding package price thresholds for construction service bidding packages of other procuring agencies listed in Clause 3.2 of this Appendix are prescribed as follows:

a) From January 14, 2019 to the end of January 13, 2024: SDR 65,200,000;

b) From January 14, 2024 to the end of January 13, 2029: SDR 55,000,000;

c) From January 14, 2029 to the end of January 13, 2034: SDR 40,000,000;

d) From January 14, 2034 to the end of January 13, 2039: SDR 25,000,000;

dd) From January 14, 2039 onwards: SDR 15,000,000.

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