Bidding plan for construction projects in the People's Public Security Forces in Vietnam

Bidding plan for construction projects in the People's Public Security Forces in Vietnam (Internet image) 

Article 13 of Circular 65/2011/TT-BCA stipulates the bidding plan for construction works within the People's Public Security in Vietnam as follows:

1. The bidding plan must be established for the entire construction investment project. In cases where conditions are not yet adequate and it is truly necessary, a bidding plan for several packages may be established for prior implementation.

2. Time for contractor selection

- The time in the bidding process shall be carried out in accordance with Article 31 of the Bidding Law and Article 8 of Decree No. 85/2009/ND-CP;

- For projects managed by the Ministry of Public Security, the time from the issuance date of the bidding documents to the contract signing date: not exceeding 75 days for open bidding and restricted bidding; 70 days for the selection of consultants; 60 days for competitive bidding; 45 days for direct appointment of contractors; 90 days for complex and large-scale packages.

3. Construction contract

Depending on the nature of the package, determining the form of contracts for each package shall be performed according to the provisions from Article 49 to Article 53 of the Bidding Law; Article 107 of the Construction Law; from Article 48 to Article 52 of Decree No. 85/2009/ND-CP and Article 3 of Decree No. 48/2010/ND-CP.

4. Contract implementation period

The contract implementation period must ensure the timely execution of the package in accordance with the project schedule and the volume of the package. For packages executed under the form of direct appointment of contractors, the implementation period shall not exceed 18 months.

5. Price of the construction package

- The package price must be determined based on the total investment or total capital, approved estimates (if any), and relevant regulations. For packages applying the direct appointment method to select contractors, the package price is based on the design document and approved estimate. The investor and consulting unit must set precise quantities; the unit price to set the package price follows the local basic construction price, published prices by the Joint Departments of Finance-Construction, and guiding Circulars at the time of the package price determination;

In cases where material prices are not available in the price announcement, the constituent price is taken from the appraisal results of permitted valuation units according to the Ministry of Finance regulations, prices of packages from other concurrently implemented projects (excluding transportation costs and specific local factors, or quotes from suppliers).

- For packages that need to be implemented before the investment decision, the package price is determined according to Point b, Clause 2, Article 10 of Decree No. 85/2009/ND-CP.

6. Lump-sum contract and unit price contract forms apply to construction packages.

- For packages with adequate conditions to clearly determine quantities, the investor applies the lump-sum form to sign the contract. The contract is paid following the principles set out in Article 48 of Decree No. 85/2009/ND-CP;

- For packages lacking adequate conditions to clearly determine quantities, the investor applies the unit price form to sign the contract. The contract is paid following the principles set out in Article 49 of Decree No. 85/2009/ND-CP;

- In cases where the package includes work items that cannot clearly determine quantities, the unit price form applies for these items in the contract. For other sufficient condition items, the lump sum form applies in the contract.

- For adjustable contracts, beyond the regulatory adjustments (no contract binding requirements or not within the contract adjustment scope), other adjustments must be within the contractual adjustment scope (or adjustment framework) and contract binding conditions.

More details can be found in Circular 65/2011/TT-BCA, which comes into effect in Vietnam from November 18, 2011.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE