Eligibility of bidders or investors in Vietnam

Eligibility of bidder or investor being an organization in Vietnam

Pursuant to Clause 1, Article 5 of the Law on Bidding 2013, a bidder or investor being an organization shall be deemed to be eligible when it satisfies the following conditions:

- Having registration for establishment and operation issued by the competent authority of country where it is operating;

- Keeping independent accounting records;

- Not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

- Having registered on National E-procurement System;

- Ensuring the competitiveness in bidding as prescribed in Article 6 hereof;

- Not being banned from bidding;

- Its name is stated in short list for case where the short list has been selected;

- Being in a joint venture with domestic contractors or employment of domestic subcontractors in case of a foreign contractor making an international bidding in Vietnam, unless the domestic contractor cannot acquire the competencies necessary to perform any portion of the package.

Bidders and investors with eligibility may make a bid as an independent bidder/investor or in a joint venture; in case of joint venture, it must have written agreement among members, in which clearly stating responsibilities of the leading JV's Party and general responsibilities, particular responsibilities of each JV’s Party.

Eligibility of bidders or investors in Vietnam (Internet image)

Eligibility of bidder or investor being an individual in Vietnam

Pursuant to Clause 2, Article 5 of the Law on Bidding 2013, a bidder or investor being an individual shall be deemed to be eligible when it satisfies the following conditions:

- Having full legal capacity as per the law of the country of which such individual is a citizen;

- Having an appropriate professional certificate as prescribed by law;

- Having lawful registration for operation as prescribed by law;

- Not facing a criminal prosecution;

- Not being banned from bidding.

Bidders and investors with eligibility may make a bid as an independent bidder/investor or in a joint venture; in case of joint venture, it must have written agreement among members, in which clearly stating responsibilities of the leading JV's Party and general responsibilities, particular responsibilities of each JV’s Party.

Regulations on ensuring competitiveness in bidding in Vietnam

- Bidders submitting EOI responses, Applications must be legally and financially independent with consulting bidders for making EOI requests, Prequalification Documents; assessment of EOI responses, Applications; appraisal for results of invitation for interest, results of prequalification.

- Bidders making a bid must be legally and financially independent with the following parties:

+ Investor, Procuring Entity;

+ The consulting bidders for the making, verification, and appraisal of dossiers of design and estimate; the making, verification of Bidding Documents, Request for Proposals; assessment of Bids, Proposals; appraisal of results of selecting bidder of such package;

+ Other bidders that participate in same package for limited bidding.

- A consulting bidder who supervises execution of a contract must be legally and financially independent from the bidder who performs the contract, the consulting bidder who verifies such package.

- Investors making a bid must be legally and financially independent with the following parties:

+ The consulting bidders for bidding for investment projects in form of public-private partnership (PPP), investment projects with land use, until day of signing the project contract;

+ The consulting bidder that verifies the investment project in form of public-private partnership (PPP), investment project with land use, until day of signing the project contract;

+ Competent regulatory agencies, and the Procuring Entity.

Pursuant to: Article 6 of the Law on Bidding 2013

Mai Thanh Loi

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