Vietnam: What is the sale permit of producers according to CPTPP?

According to Article 4 of the Circular No. 09/2020/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, sale permit of producers are specified as follows:

1. Regarding common and available-on-market goods which are standardized and under warranty as recommended by the producer, the bidder is not required to submit a sale permit or sale authorization issued by the producer or a certification of joint venture relationship or any other equivalent documents (hereinafter referred to as sale permit).

2. Regarding complex good that needs the confirmation of the producer or supplier to ensure the feasibility in supply of the good in a case where the bidder wins the bid and for which the producer have liability in terms of provision of after-sale services such as warranty, maintenance, repair, provision of spare parts, and other related services, the bidding documents may require the bidder to submit a sale permit. 

If the bidder fails to enclose a sale permit together with the bid, the bid may still be considered further for contract award. The failure to enclose a sale permit as required by the bidding documents does not constitute a ground for disqualification of the bidder. If the bidder wins the bid, the bidder must present the sale permit before signing the contract and be liable for the accuracy of any document or information provided. If the bidder fails to present a sale permit to sign the contract, the next ranked bidder shall be invited to enter into negotiation of the contract.

3. If the content of the sale permit does not meet the requirements in the bidding documents, the procuring entity must require the bidder to clarify it as the ground for the contract award and also authorize the bidder to replace or supplement information in the sale permit.

4. If any producer or distributor in Vietnam’s territory knowingly refuses to provide a sale permit the a bidder without justifiable reasons and not in accordance with regulations of law on trade and competition, which brings advantage or monopoly to another bidder, the former bidder may report it to the Ministry of Industry and Trade for further actions.

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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