Vietnam: Documents for contractors must be stamped by the investor of the construction investment project

According to Article 6 of the Circular No. 39/2015/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, project owners and investors prepare, appraise and approve Request for Proposals, EOI requests, Prequalification Documents and Bid Documents as prescribed in Articles 12, 13, 23, 25, 34, 35, 42, 44, 46, 49, 51, 55, 56, 58, 59, 60, 62 and 105 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government and complying with the form approved by the Ministry of Planning and Investment, the approved Donor's form of Bid Documents and comply with the following provisions:

1. Regulations on instructions for contractors and general conditions of contracts must comply with the form of Bid Documents issued by the Ministry of Planning and Investment of Vietnam and cannot be modified. As for other contents, the project owner and investor shall prepare according to the scale and nature of the bidding package, but must ensure that it is not contrary to the provisions of law on contractor selection.

2. Bid Documents must clearly specify detailed criteria for determining similarity in terms of scale, nature and complexity for each item or bidding package. The decision to approve the Request for Proposals, EOI requests, Prequalification Documents and Bid Documents must include details of the criteria for evaluating the EOI responses, Applications, Bids and Proposals. Documents issued to contractors must be stamped by the investor (including border seal).

3. The prognosis table in the Bid Documents, the Request for Proposals must describe in detail the job title, volume, and unit of calculation (corresponding to each specific job code).

4. In the Bid Documents of the bidding package, the investor must clearly state the applicable costs according to the respective type of contract applicable to that bidding package. For a package contract, the investor must require the contractor to set a bid price that includes all costs for risk factors and slippage costs that may occur during contract performance.

5. Order of appraisal and approval:

The bid solicitor (Project Management Board of the investor or a consulting organization hired by the investor) submits 02 sets of documents for approval directly at the office or one-stop shop or sent by post to the investor; components of the dossier for submission are specified in Clause 1 Article 105 of the Decree No. 63/2014/NĐ-CP. The investor assigns an affiliated organization or individual or selects a qualified consulting organization to appraise, prepare an appraisal report and draft decision and submit it to the investor for approval of the Request for Proposals, EOI requests, Prequalification Documents and Bid Documents as prescribed in Clauses 2, 3, 4 Article 105 of the Decree No. 63/2014/NĐ-CP;

- For ODA projects: Investors and project owners shall comply with the Donor's regulations;

- The time limit for settlement is as prescribed at Points h, i, Clause 1 Article 12 of the Law on Procurement No. 43/2013/QH13 of Vietnam. The decision to approve the above dossiers shall be sent in person or sent by post to the bid solicitor. Fees and charges are prescribed in Clauses 2 and 3 Article 9 of the Decree No. 63/2014/NĐ-CP.

View more details at the Circular No. 39/2015/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, effective from December 10, 2015.

Le Vy

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