Vietnam: Bidders are not required to supply samples in following cases according to CPTPP

10:50, 04/12/2020

Recently, the Ministry of Planning and Investment of Vietnam has issued the Circular No. 09/2020/TT-BKHĐT on guidelines for preparation of bidding documents for procurement of goods under Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Guidance on application of form of bidding documents for procurements of goods according to CPTPP in Vietnam / Vietnam: What is the sale permit of producers according to CPTPP?

Hiệp định CPTPP, Thông tư 09/2020/TT-BKHĐT

According to Article 5 of the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, requirement for supply of samples is as follows:

1. Regarding common and available-on-market goods which are standardized, the bidder is not required to supply samples.

2. Regarding particular or complex goods that the investor or procuring entity may not identify the shape, model of the good and it needs individual and separate manufacture, the bidders may be required to supply samples to prove the specifications of the good. If the bidders are required to supply samples, the request for approval for bidding documents must specify reasons for the investor to consider. The investor and procuring entity must ensure the supply of samples will not cause an increase in the costs of the package, limit the participation of the bidders or bring an advantage to one or certain bidders, which causes an unfair competition.

3. If the bidding documents require supply of samples, the bidder may supply samples after the deadline for submission of the bids.

Thus, in case of common and available-on-market goods which are standardized, the bidder is not required to supply samples.

View more details at the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, effective from January 15, 2021.

Thuy Tram

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