02 Decrees providing Guidance on the 2023 Law on Bidding in Vietnam are available (Decree 23/2024/ND-CP and Decree 24/2024/ND-CP)

02 Decrees providing Guidance on the 2023 Law on Bidding in Vietnam are available (Decree 23/2024/ND-CP and Decree 24/2024/ND-CP)​ (Image from the Internet)

Regarding this issue, LawNet provides the following explanation:

02 Decrees providing Guidance on the 2023 Law on Bidding in Vietnam are available (Decree 23/2024/ND-CP and Decree 24/2024/ND-CP

On February 27, 2024, the Government of Vietnam issued Decree 23/2024/ND-CP detailing a number of articles and measures for the implementation of the 2023 Bidding Law on the selection of investors to implement projects subject to bidding as prescribed by law on sectoral and field management.

On February 27, 2024, the Government of Vietnam issued Decree 24/2024/ND-CP detailing a number of articles and measures for the implementation of the 2023 Bidding Law on the selection of contractors.

* Decree 23/2024/ND-CP details a number of articles of the 2023 Bidding Law on the selection of investors to implement projects subject to bidding as prescribed by law on sectoral and field management, including:

- Clause 6 Article 6 on ensuring competition in selecting investors;

- Clause 6 Article 10 on preferences in selecting investors;

- Clause 3 Article 15 on costs in selecting investors;

- Clause 4 Article 35 on methods for selecting investors;

- Clause 3 Article 46 on procedures for selecting investors;

- Clause 5 Article 50 and Point c Clause 2 Article 84 on bidding procedures, costs, and timelines for selecting investors online; national database on selecting investors; cases where investor selection is not conducted online;

- Clause 5 Article 62 on evaluation method and criteria for bidding documents;

- Clause 2 Article 73 on contents of investment business project contracts;

- Clause 4 Article 86 on monitoring and supervising bidding activities;

- Clause 4 Article 88 on handling situations in selecting investors;

- Clause 2 Article 96 on transitional provisions.

* Decree 24/2024/ND-CP details a number of articles of the 2023 Bidding Law on the selection of contractors, including:

- Clause 6 Article 6 on ensuring competition in bidding;

- Clause 6 Article 10 on preferences in selecting contractors;

- Clause 3 Article 15 on costs in selecting contractors;

- Clause 4 Article 19 on the capacity and experience of members of the expert group or appraisal group;

- Clause 2 Article 20 on other forms of selecting contractors;

- Clause 7 Article 23 on contractor designation;

- Clause 4 Article 29 on selecting contractors in special cases;

- Clause 4 Article 36 on the overall plan for selecting contractors for a project;

- Clause 2 Article 39 on the contents of the contractor selection plan;

- Clause 8 Article 43 on procedures for selecting contractors;

- Clauses 1 and 5 Article 50 on selecting contractors online;

- Clause 7 Article 53 on centralized procurement;

- Clauses 3 and 4 Article 55 on selecting contractors to supply drugs, chemicals, testing materials, and medical equipment;

- Clause 4 Article 67 on signing contracts with selected contractors;

- Clause 6 Article 70 on contract amendments;

- Clause 2 Article 84 on state management responsibilities in bidding;

- Clause 4 Article 86 on inspection, supervision, and monitoring of bidding activities;

- Clause 5 Article 87 on handling violations;

- Clause 4 Article 88 on handling situations in bidding.

More details can be found in Decree 23/2024/ND-CP effective from February 27, 2024.

As of the effective date of Decree 23/2024/ND-CP, Point c Clause 1 Article 1 and Article 16 of Decree 25/2020/ND-CP detailing and guiding the implementation of a number of articles of the 2023 Bidding Law on investor selection, Clause 7 Article 108 Decree 31/2021/ND-CP detailing and guiding the implementation of a number of articles of the 2023 Bidding Law, are no longer in effect.

In the case that sector-specific legal regulations require that projects organize bidding after the effective date of Decree 23/2024/ND-CP, the selection of investors to implement business investment projects shall follow the procedures prescribed in the 2023 Bidding Law and Decree 23/2024/ND-CP; the methods and criteria for evaluating project proposal documents, bidding documents, and other contents (if any) shall comply with sector-specific legal regulations, ensuring the objectives of competition, fairness, transparency, economic efficiency, and accountability.

See also Decree 24/2024/ND-CP effective from February 27, 2024.

As of the effective date of Decree 24/2024/ND-CP, the following Government Decrees, Prime Minister Decisions, and the following articles are no longer in effect:

- Decree 63/2014/ND-CP;

- Articles 69, 70, 71, 72, 73, 75, 76, 77, and 78 of Decree 151/2017/ND-CP;

- Points b, c Clause 2 and Points b, c Clause 3 Article 5 of Decree 70/2018/ND-CP;

- Decision 17/2019/QD-TTg.

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