On January 12, 2022, the Government issued Decree 09/2022/ND-CP amending Decree 95/2020/ND-CP guiding the implementation of procurement under the CPTPP, EVFTA, and UKVFTA Agreements. Accordingly, some regulations on procurement under CPTPP and EVTFA are added as follows:
Article table of contents
New regulations on procurement under CPTPP, EVFTA (Artwork)
1. Supplementing regulations on internal bidding and international bidding
Clause 3, Article 1 of Decree 09/2022 clearly stipulates:
- In case of organizing internal bidding for service provision bidding packages, the procurement agency shall do the following:
+ For the bidding package specified in Appendix I to Decree 09/2022 , the procurement agency allows internal contractors to participate in the bidding;
+ For the bidding package specified in Appendix II to Decree 09/2022 , the procuring agency shall decide whether to allow intra-regional contractors to participate in the bid or only to allow contractors from CPTPP member countries to participate. contractor;
+ For the bidding package specified in Appendix III to Decree 09/2022 , the procuring agency shall decide whether to allow intra-regional contractors to participate in the bid or only to allow contractors from EU Member States and the United Kingdom. , Northern Ireland to bid;
+ For the bidding package for providing services under code CPC 75231 (data network services), CPC 75232 (information services and electronic messages), CPC 84 (computer services and related services) ) specified in Appendix II to Decree 09/2022, the procuring agency decides to allow contractors of CPTPP member countries to participate in the bid or only to allow domestic contractors to participate in the bidding.
- In case of organizing internal bidding for bidding packages for goods supply, the procurement agency shall do the following:
+ For bidding packages for the supply of goods specified in Appendix I to Decree 09/2022 , the procuring entity shall only allow intra-regional contractors to offer goods originating from the participating Member States;
+ For the bidding package to supply goods specified in Appendix II to Decree 09/2022 , the procuring agency decides to allow intra-regional contractors to offer goods originating from CPTPP member countries. , EU Member States, the United Kingdom, Northern Ireland participate in the bid or only allow contractors from CPTPP Member States to offer goods originating from CPTPP Member States to participate in the bid;
+ For the bidding package to supply goods specified in Appendix III to Decree 09/2022 , the procuring agency decides to allow intra-regional contractors to offer goods originating from CPTPP member countries. , EU Member States, United Kingdom, Northern Ireland to bid or only allow bidders from EU Member States, United Kingdom, Northern Ireland to offer goods originating from Member States EU, United Kingdom, Northern Ireland participate in the bid.
Previously, only intra-regional bidding was provided for bidding packages for the procurement of goods, allowing only intra-regional contractors to offer goods originating from participating Member States.
2. Additional conditions on eligibility of procurement contractors
According to Clause 5, Article 1 of Decree 09/2022 stipulating:
- Adding 02 conditions on the eligibility of the contractor being an organization:
+ Not subject to the final judgment of the court on committing serious crimes or other serious violations within 03 years before the time of bid closing.
+ There is no evidence that the contractor has committed serious violations of professional ethics within 03 years before the time of bid closing.
- Adding 02 conditions on the eligibility of individual contractors:
+ Not subject to the final judgment of the court on committing serious crimes or other serious violations within 03 years before the time of bid closing.
+ There is no evidence that the contractor has committed serious violations of professional ethics within 03 years before the time of bid closing.
3. Supplementing regulations on ensuring competition in bidding
Specifically, additional regulations: In the case of a state-owned economic group of Vietnam, if the products and services included in the bidding package are the main business lines of the group and the output of this company. , and is the input of the other company in the group, the group and its subsidiaries are allowed to participate in each other's contractor selection process. Bidding contractors are not required to satisfy the requirements of being legally and financially independent for that bidding package if the consulting contractor is also a subsidiary of the group.
4. Supplement regulations on measures in the transition period
According to Clause 8, Article 1 of Decree 09/2022 supplementing the provisions:
- For the bidding package mentioned in Appendix I and Appendix III to Decree 09/2022 , the conversion period is as follows:
+ From August 1, 2020 to January 13, 2029, the procurement agency shall apply domestic preferential measures as prescribed in Clause 6, Article 15 of Decree 95/2020 .
The competent person is responsible for determining the total value of domestic incentives in a year, not exceeding 40% of the total contract price of the bidding packages under the scope of this Decree within the scope of his/her management;
+ From January 14, 2029 to July 31, 2038, the procurement agency shall apply domestic preferential measures as prescribed in Clause 6, Article 15 of Decree 95/2020 .
The competent person is responsible for determining the total value of domestic incentives in a year, not exceeding 30% of the total contract price of the bidding packages under the scope of this Decree within the scope of his/her management;
+ From August 1, 2038 onward, procuring agencies may not apply domestic preferential measures to bidding packages under the scope of this Decree within the scope of their management.
- For the bidding package mentioned in Appendix II to Decree 09/2022 , the conversion period shall comply with the provisions of Clauses 2, 3, 4, 6 and 7, Article 15 of Decree 95/2020 .
See more at Decree 09/2022/ND-CP effective from January 12, 2022.
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