The list of goods for the construction of a bidding package within the scope of the EVFTA Agreement and the UKVFTA Agreement according to the law in Vietnam

What are included in the list of goods for the construction of a bidding package within the scope of the EVFTA Agreement and the UKVFTA Agreement according to the law in Vietnam?

Pursuant to Section 6, Appendix III issued together with Decree 09/2022/ND-CP stipulating as follows:

The EVFTA Agreement and the UKVFTA Agreement apply to all goods, except for the goods listed in Clause 6, Appendix I to this Decree and the following goods:

CPC code	Describe
84.71	Automatic data processing machines and their function blocks; a magnetic or optical reader, a machine that transmits data onto data transmission media in an encrypted form and a machine that processes these data, not elsewhere specified or included

What are regulations on the Vietnam Electricity Group, VNR Corporation with the package of consulting, non-consulting services, construction, and goods procurement in Vietnam?

Pursuant to Section 7 and 8, Appendix III issued together with Decree 09/2022/ND-CP stipulating as follows:

7. For Vietnam Electricity Group, this Decree only applies to bidding packages of consulting services, non-consulting services, construction services, and goods procurement as prescribed in Articles 1 and 3 of the Procurement Law No. 43/2013/QH13 dated 26 November 2013 or any corresponding provisions in the successor laws relating to electricity transmission and distribution activities.

8. For the Vietnam Railways Corporation, this Decree only applies to bidding packages for consulting services, non-advisory services, construction services, and goods procurement as prescribed in Articles 1 and 3 of the Procurement Law No. 43/2013/QH13 dated 26 November 2013 or any corresponding provisions in the successor laws relating to railway construction and operation.

What are regulations on the bidding package not covered by the EVFTA Agreement and the UKVFTA Agreement in Vietnam?

Pursuant to Section 9, Appendix III issued together with Decree 09/2022/ND-CP stipulating as follows:

9. Bidding packages are not covered by the EVFTA Agreement and the UKVFTA Agreement

a) Bidding packages mentioned in Clause 8 of Appendix I to this Decree;

b) Bidding packages for procurement of goods for the purpose of breeding and sowing of the Ministry of Agriculture and Rural Development;

c) Bidding packages for site preparation, site clearance and infrastructure repair and maintenance services by local procurement agencies listed in Clause 3 of this Appendix;

d) Bidding package for procurement of goods and provision of services related to the martyrs cemetery of the Department of Labor - War Invalids and Social Affairs of Hanoi city; Department of Labor - War Invalids and Social Affairs of Ho Chi Minh City;

dd) Bidding package of Vietnam Electricity Group related to electricity transmission and distribution activities when forming a competitive electricity market;

e) Bidding packages of Vietnam Electricity Group other than electricity transmission and distribution purposes; tenders for resale or lease to third parties, provided that the procuring entity does not enjoy a special or exclusive right to sell or lease such contracts and other agencies are free to sell or leased under the same conditions as the purchasing agency;

g) Bidding packages of Vietnam Railways Corporation related to railway construction and operation when forming a competitive market;

h) Bidding packages of Vietnam Railways Corporation other than the purpose of railway construction and operation; tenders for resale or rental to third parties, provided that the procuring entity does not enjoy a special or exclusive right to sell or lease such contracts and that other agencies are free to sale or lease under the same conditions as the procuring agency;

i) For bidding packages with package prices of SDR 260,000 or less, except for construction services bidding packages, the procuring agency may give incentives to small and medium enterprises with no more than 500 full-time regular employees. ;

k) Bidding packages for construction services in extremely difficult areas, mountainous and remote areas according to Vietnam's regulations and in the islands of Vietnam;

l) Bidding packages for hosting or hosting government data servers and related services;

m) Bidding packages for procurement of goods or services classified as national security, including state secrets;

n) Bidding package necessary to protect personal information collected under conditions of confidentiality or confidential business information.

Best regards!