Contractor selection process in Vietnam according to the Law on Bidding 2023

Contractor selection process in Vietnam according to the Law on Bidding 2023 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Contractor selection process in Vietnam according to the Law on Bidding 2023

Procedures for selecting contractors according to Article 43 of the Law on Bidding Law 2023 are as follows:

- The contractor selection process in case of competitive bidding or limited bidding includes the following steps:

+ Preparation for contractor selection;

+ Organization of contractor selection;

+ Bid evaluation;

+ Contract negotiation for a consulting service package.

With regard to procurement, construction or non-consulting service package to be executed adopting the international bidding method or a package with high technical requirements, the procuring entity may conduct contract negotiation with the first-ranked bidder if it is deemed necessary;

+ Submission, appraisal, approval and disclosure of contractor selection result and provision of explanations for bidders as to why they were not successful (if any);

+ Completion, signing and management of execution of contract.

- The contractor selection process in case of direct contracting includes the following steps:

+ Preparation for contractor selection;

+ Organization of contractor selection;

+ Evaluation of proposals and negotiation on one or some proposals (if any);

+ Submission, appraisal, approval and disclosure of contract selection result;

+ Completion, signing and management of execution of contract;

In the case specified in Point m Clause 1 Article 23 of the Law on Bidding Law 2023, the competent person may decide to adopt the simplified process, consisting of the following steps: preparing and sending the draft contract to the successful bidder; submitting for approval, approving and disclosing the contractor selection result; signing the contract and managing the contract execution.

- The contractor selection process in case of shopping includes the following steps:

+ Preparation for contractor selection;

+ Organization of contractor selection;

+ Bid evaluation;

+ Submission, appraisal, approval and disclosure of contractor selection result and provision of explanations for bidders as to why they were not successful (if any);

+ Completion, signing and management of execution of contract.

- The contractor selection process in case of direct procurement includes the following steps:

+ Preparation for contractor selection;

+ Organization of contractor selection;

+ Evaluation of proposals and negotiation on the proposal of the selected bidder;

+ Submission, appraisal, approval and disclosure of contract selection result;

+ Completion, signing and management of execution of contract.

- The contractor selection process in case of self-execution includes the following steps:

+ Preparation of the self-execution plan, including drafting of the written assignment of tasks;

+ Completion of the self-execution plan;

+ Approval and disclosure of contractor selection result;

+ Signing of the written assignment of tasks; management of the package execution.

- Individual consultants may be employed in case the tasks of a package can be performed by one or some capable and experienced experts without the participation of any organizations and without imposing execution conditions as those imposed on institutional contractors. Process of individual consultant selection includes the following steps:

+ Preparation for contractor selection;

+ Organization of contractor selection;

+ Evaluation of scientific CVs of bidders that are individual consultants;

+ Contract negotiation;

+ Submission, approval and disclosure of contract selection result;

+ Signing and management of execution of contract.

- The contractor selection process in case of community participation includes the following steps:

+ Preparation of the plan for selection of residential community, group or team of local skilled workers to execute the package;

+ Organization of selection process;

+ Approval and disclosure of selection result;

+ Completion, signing and management of execution of contract.

2. Bidding documents used for contractor selection in Vietnam

Bidding documents used for contractor selection according to Article 44 of the Law on Bidding Law 2023 is as follows:

- Bidding documents include:

+ Instructions to bidders, additional purchase option (if any);

+ Bidding Data Sheet (BDS);

+ Criteria for evaluation of validity of bids; capacity and experience of bidders; technical proposals; financial - commercial proposals; bidders’ reputation acquired from participation in bidding and execution of previous similar contracts, and quality of used similar goods.

If specialist contractors are employed, bidding documents must also indicate the scope of tasks and capacity and experience requirements to be satisfied by specialist contractors;

+ Invitation for bid and bidding forms;

+ Scope of supply, technical requirements, terms of reference;

+ Conditions of contract and contract forms;

+ Documents, drawings and other contents (if any).

- Bidding documents may impose requirements regarding countries or territories of origin. In the case of a package prescribed in Point dd Clause 1 Article 23 where all direct contracting requirements laid down in Clause 3 Article 23 of this Law are satisfied but the competent person decides to apply the competitive bidding, limited bidding or shopping method to the contractor selection, bidding documents may impose requirements regarding origin and brands of goods.

- Bidding documents shall not impose any conditions that limit the participation of a bidder or give advantage for one or some bidders resulting in unfair competition.

- In case the bidding documents contain any contents in breach of the provisions of Clause 3 of this Article, these contents shall be considered invalid and shall not be used as the basis for bid evaluation.

- The contractor selection process in case of direct procurement includes the following steps:

+ Preparation for contractor selection;

+ Organization of contractor selection;

+ Evaluation of proposals and negotiation on the proposal of the selected bidder;

+ Submission, appraisal, approval and disclosure of contract selection result;

+ Completion, signing and management of execution of contract.

- The contractor selection process in case of self-execution includes the following steps:

+ Preparation of the self-execution plan, including drafting of the written assignment of tasks;

+ Completion of the self-execution plan;

+ Approval and disclosure of contractor selection result;

+ Signing of the written assignment of tasks; management of the package execution.

- Individual consultants may be employed in case the tasks of a package can be performed by one or some capable and experienced experts without the participation of any organizations and without imposing execution conditions as those imposed on institutional contractors. Process of individual consultant selection includes the following steps:

+ Preparation for contractor selection;

+ Organization of contractor selection;

+ Evaluation of scientific CVs of bidders that are individual consultants;

+ Contract negotiation;

+ Submission, approval and disclosure of contract selection result;

+ Signing and management of execution of contract.

- The contractor selection process in case of community participation includes the following steps:

+ Preparation of the plan for selection of residential community, group or team of local skilled workers to execute the package;

+ Organization of selection process;

+ Approval and disclosure of selection result;

+ Completion, signing and management of execution of contract.

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