On September 18, 2020, the Ministry of Planning and Investment promulgated Circular 04/2011/TT-BGDDT guiding the implementation of Decree 25/2020/ND-CP dated February 28, 2020, of the Government of Vietnam detailing the implementation of certain provisions of the Law on Bidding regarding investor selection in Vietnam.
Modification of bidding capacity requirements must be submitted 10 days before expiration in Vietnam (Illustrative photo)
Article 8 of Circular 06/2020/TT-BKHDT stipulates regulations on the revision and clarification of preliminary requirements regarding the capability and experience for investment projects using land in Vietnam as follows:
- Revision of Preliminary Requirements on Capability and Experience: In the event of a revision of the preliminary requirements on capability and experience, the Department of Planning and Investment must post the revision decision along with the revised contents on the System at least 10 days before the deadline for submitting registration dossiers for project implementation in Vietnam.
- Clarification of Preliminary Requirements on Capability and Experience:
- In case of a need to clarify the preliminary requirements on capability and experience, the investor must send the clarification request to the Department of Planning and Investment either in writing or through the System at least 5 working days before the deadline for submitting registration dossiers for project implementation to be considered and handled.
- The Department of Planning and Investment will clarify according to the investor's request and post the clarification document on the System at least 2 working days before the deadline for submitting registration dossiers for project implementation.
- The clarification content must not contradict the approved contents. If the clarification leads to a revision of the preliminary requirements on capability and experience, it should be carried out according to this clause's point a.
Regarding the Revision and Clarification of Prequalification and Bidding Documents, it is specifically stipulated as follows:
- Revision of Prequalification and Bidding Documents: In the case of revision of prequalification and bidding documents, the procuring entity must post the revision decision along with the revised contents on the System at least 10 days before the bid closing date for prequalification, 15 days for domestic bidding, and 25 days for international bidding.
For PPP group C projects in Vietnam, the procuring entity must post the revision decision along with the revised contents of prequalification and bidding documents on the System at least 3 working days before the bid closing date.
- Clarification of Prequalification and Bidding Documents:
- In case of a need to clarify prequalification and bidding documents, the investor must send the clarification request to the procuring entity either in writing or through the System at least 5 working days before the bid closing date for prequalification, 7 working days for domestic bidding, and 15 days for international bidding to be considered and handled.
- The procuring entity will clarify according to the investor's request and post the clarification document on the System at least 2 working days before the bid closing date.
- The clarification content must not contradict the approved contents. If the clarification leads to a revision of prequalification and bidding documents, it should be carried out according to this clause's point a.
Details can be found in Circular 06/2020/TT-BKHDT, which comes into effect in Vietnam from November 1, 2020.
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