Vietnam: The selection of contractors is only organized when the bidding package is arranged with sufficient capital

According to Article 7 of the Circular No. 39/2015/TT-BNNPTNT of the Ministry of Agriculture and Rural Development of Vietnam, project owners and investors organize contractor selection, appraise and approve contractor selection results in accordance with Articles 11, 14, 20, 26, 31, 36, 41, 43, 45 , 46, 48, 50, 51, 55, 56, 58, 59, 60, 62 and 106 of the Decree No. 63/2014/NĐ-CP, the Donor's regulations and comply with the following regulations:

- Only organize the selection of contractors when the bidding package is allocated with sufficient capital as prescribed and there is a construction site according to the implementation schedule. In case the bidding package has been approved for the plan on selecting bidders but the conditions for capital and premises have not yet been met, the investor must report to the investment decision level before organizing the selection of the contractor;

- In the notice of invitation for bids, it must specify the place and method of issuing the Request for Proposals, EOI requests, Prequalification Documents, Bid Documents, including direct issuance at the bid solicitor and by post (notice the account number of the investor, the bid solicitor, the estimated parcel delivery fee posted together with the bid invitation notice);

- In addition to the place of missing of Request for Proposals, EOI requests, Prequalification Documents, Bid Documents mentioned in Clause 2 of this Article, based on the actual situation or after consulting the appraisal agency of the Ministry (for domestic projects) or the project owner (for ODA projects), the investor may specify a number of additional locations for issuance to ensure the issuance is convenient and transparent. In this case, the investor must publish additional bidding information and extend the bid closing time in the Bidding newspaper;

- The notice of invitation for bids and in the Request for Proposals, EOI requests, Prequalification Documents, Bid Documents must specify the locations for submission and opening of EOI responses, Applications, Bids and Proposals. The location for submission and opening of dossiers may be at a single location specified by the investor, or at the address of the project owner (for ODA projects), or at the address of the appraisal agency under the Ministry (for domestic projects) or at the same time at the location specified by the investor and at the address of the project owner (for ODA projects), at the address of the appraisal agency under the Ministry (for domestic projects);

- The investor only evaluates the EOI responses, Applications, Bids and Proposals of bidders that satisfy the provisions of Clause 1 Article 15 of this Circular (does not evaluate the Bids of bidders that do not satisfy the provisions of Clause 1 Article 15 of this Circular and document announcing the contractor's violations according to the contractor's capacity assessment according to the regulations of the Ministry);

- The investor is responsible for handling the bidding situations in accordance with Article 117 of the Decree No. 63/2014/NĐ-CP and the Donor's regulations. In complicated cases, the investor shall decide to handle the situation after consulting a competent person.

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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