Legal Counselling

Vietnam: Important notes on packages under scope of regulation of CPTPP

11:15, 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.

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

According to Article 7 of the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, provisions on contracts applied for packages of procurement of goods are as follows:

1. Regarding packages under scope of regulation of CPTPP in which the bids have been opened before the effective date of Circular No. 09/2020/TT-BKHĐT, the bid evaluation and consideration for contract award shall be done in accordance with the bidding documents and not in contravention with CPTPP.

2. Regarding packages under scope of regulation of CPTPP in which the bidding documents have been approved and issued before effective date of Circular No. 09/2020/TT-BKHĐT but the deadline for submission of bids after the effective date of Circular No. 09/2020/TT-BKHĐT and the deadline has not reached, any information inappropriate or in contravention with the forms of bidding documents issued herewith must be modified. If the bidding documents are modified after issued, the investor and procuring entity must give the bidders a reasonable given time for the bidders to prepare their bids.

3. Regarding packages under scope of regulation of CPTPP in which the bidding documents have been approved before the effective date of Circular No. 09/2020/TT-BKHĐT but the bidding documents have not been issued, these bidding documents shall be adjusted in order to conform to forms issued herewith.

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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