According to the law in Vietnam, what conditions must be met to be a bidding package under the EVFTA Agreement and the UKVFTA Agreement?

According to the law in Vietnam, what conditions must be met to be a package under the EVFTA Agreement and the UKVFTA Agreement?

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

1. Bidding package within the scope of EVFTA and UKVFTA Agreement is a bidding package that fully meets 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) Have 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 9 of this Appendix.

What are included in the list of agencies bidding packages within the scope of the EVFTA Agreement and the UKVFTA Agreement?

Pursuant to Section 3 Appendix III issued together with the Decree 09/2022/NĐ-CP stipulating as follows:

3. List of procuring agencies covered by the EVFTA Agreement and the UKVFTA Agreement

3.1. Local level procurement agency

The agencies and units listed below are covered by the EVFTA Agreement and the UKVFTA Agreement. This Decree only applies to bidding packages of administrative units affiliated to local procurement agencies listed in this Appendix and administrative units affiliated to such units.

a) Hanoi city:

- Office of the City People's Committee;

- Information and communication facilities;

- Department of Home Affairs;

- Department of Agriculture and Rural Development;

- Industrial and commercial facilities;

- Department of Planning and investment;

- Financial Department;

- Facility construction;

- Transportation facilities;

- Department of Science and Technology;

- Department of Labor - Invalids and Social Affairs;

- Education and training;

- Health service Dept;

- Department of Culture, Sports and Tourism (now Department of Culture and Sports; Department of Tourism);

- Department of Justice;

- Foreign Service;

- Resource base and environment;

- Department of Planning and Architecture.

The above list includes both the Project Management Boards under Hanoi City and under the above-mentioned units of Hanoi City.

b) Ho Chi Minh City:

- Office of the City People's Committee;

- Information and communication facilities;

- Department of Home Affairs;

- Department of Agriculture and Rural Development;

- Industrial and commercial facilities;

- Department of Planning and investment;

- Financial Department;

- Facility construction;

- Transportation facilities;

- Department of Science and Technology;

- Department of Labor - Invalids and Social Affairs;

- Education and training;

- Health service Dept;

- Department of Culture, Sports and Tourism;

- Department of Justice;

- Resource base and environment;

- Department of Planning and Architecture.

The above list includes both the Project Management Units affiliated to Ho Chi Minh City and the above units of Ho Chi Minh City.

3.2. Other shopping agency

The agencies and units listed below are covered by the EVFTA Agreement and the UKVFTA Agreement. This Decree does not apply to bidding packages of agencies and units with independent legal status not listed in this Clause.

a) Vietnam News Agency:

- Editorial Board - Production of press photos;

- Center for media development;

- Center for international cooperation in media;

- Center for television and news;

- Technical center for media.

The above list includes the Project Management Boards under the above-mentioned units of the Vietnam News Agency;

b) Ho Chi Minh National Academy of Politics:

Academy Office (including affiliated Project Management Boards);

c) Vietnam Academy of Social Sciences:

- Institute of Family and Gender;

- Institute of Linguistics;

- Citadel Research Center;

- Board of Emulation and Reward;

- Institute of Human Geography;

- Research Center for Sustainable Development Policy;

- Center for research and development consulting.

The above list includes the Project Management Boards under the above-mentioned units of the Vietnam Academy of Social Sciences;

d) Vietnam Academy of Science and Technology:

- Organization and Personnel Committee;

- Planning - Finance Department;

- International Cooperation Department;

- Inspection Committee;

- Technology application and deployment board.

The above list includes the Project Management Boards under the above-mentioned units of the Vietnam Academy of Science and Technology;

dd) Vietnam Electricity Corporation:

- Northern Power Corporation;

- Central Power Corporation;

- Southern Power Corporation;

- Hanoi City Electricity Corporation;

- Ho Chi Minh City Electricity Corporation;

- National Power Transmission Corporation.

The above list includes the Project Management Boards under the above-mentioned units of the Electricity of Vietnam;

e) Vietnam Railways Corporation:

- Vietnam Railway Corporation, including: Vietnam Railways Office; Internal Control Board; Protection - Security - Defense Committee; Board of preparation for investment in railway projects; Department of Transportation and rolling stock; Business Planning Department; Department of International Cooperation and Science and Technology; Investment and Construction Management Board; Finance and accounting department; Department of Organization and Personnel - Labor; Railway Infrastructure Management Board; Representative Office of Vietnam Railways Corporation in Da Nang;

- Hanoi Railway Passenger Transport Company;

- Saigon Railway Passenger Transport Company;

- Ha Hai Railway Management One Member Limited Liability Company;

- Ha Thai Railway Management One Member Limited Liability Company;

- Yen Lao Railway Management One Member Limited Liability Company;

- Ha Lang Railway Management One Member Limited Liability Company.

The above list includes the Project Management Boards under the Vietnam Railways Corporation and under the above-mentioned units of the Vietnam Railways Corporation;

g) Hanoi National University, including its affiliated Project Management Units;

h) National University of Ho Chi Minh City, including the affiliated Project Management Units.

What are included in the list of consulting services and non-advisory services for bidding packages within the scope of the EVFTA Agreement and the UKVFTA Agreement?

Pursuant to Section 4 Appendix III issued together with the Decree 09/2022/NĐ-CP stipulating as follows:

4. List of consulting services, non-consulting services

In addition to the consulting and non-consulting services listed at Point a, Clause 4, Appendix I to this Decree, the EVFTA Agreement and the UKVFTA Agreement also apply to the services listed below:

Best regards!