Guidance on the contents of the bidding documents for the contractor selection in Vietnam

1. Guidance on the contents of the bidding documents for the contractor selection in Vietnam

According to Article 44 of the Bidding Law 2023, the contents of the bidding document for contractor selection in Vietnam are stipulated as follows:

- The bidding document includes:

+ Instructions to bidders, optional purchase add-ons (if any);

+ Bidding data sheet;

+ Evaluation criteria for the validity of the bidding document; the contractor’s capacity and experience; technical, financial, and commercial aspects; the contractor’s reputation through participation in bidding, execution of previous similar contracts, and the quality of similar goods used.

In cases where special subcontractors are used, the bidding document must clearly specify the scope of work and the requirements for the capacity and experience of the special subcontractor;

+ Forms for bidding invitation and bidding submission;

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

+ Contract conditions and contract form templates;

+ Other documents, drawings, and contents (if any).

- The bidding document specifies the origin by group of countries or territories. In the case of bidding packages subject to the provisions of point đ clause 1 Article 23 of the Bidding Law 2023 and meeting the conditions for applying the form of direct appointment according to clause 3 Article 23, but the authorized person decides to apply wide, restricted, or competitive bidding to select the contractor, the bidding document must specify the origin, brand of the goods.

- The bidding document must not specify any conditions aimed at limiting the participation of bidders or creating advantages for one or a few bidders, leading to unequal competition.

- In the event that the bidding document contains any contents violating the provisions of clause 3 Article 44 of the Bidding Law 2023, these contents will be considered invalid and not be used as a basis for evaluating the bidding document.

2. Time for organizing contractor selection in Vietnam

The time for organizing contractor selection in Vietnam as per Article 45 of the Bidding Law 2023 is as follows:

- Timing for organizing contractor selection is stipulated as follows:

+ The preparation time for the expression of interest dossier and prequalification dossier is at least 09 days for domestic bidding and 18 days for international bidding from the first day the expression of interest dossier, prequalification dossier is issued until the bid closing date;

+ The preparation time for the bidding document for open bidding and restricted bidding is at least 18 days for domestic bidding and 35 days for international bidding from the first day the bidding document is issued until the bid closing date; for construction and mixed packages with a package price not exceeding 20 billion VND, goods procurement and non-consulting service packages with a package price not exceeding 10 billion VND, the minimum preparation time is 09 days for domestic bidding and 18 days for international bidding;

+ The preparation time for the bidding document for competitive offers is at least 05 working days from the first day the bidding document is issued until the bid closing date;

+ In case of bidding packages eligible for direct appointment as per points a, b, and c of clause 1 Article 23 of the Bidding Law 2023 but the authorized person decides to use the open bidding form to select the contractor, the minimum preparation time for the bidding document is 09 days from the first day the bidding document is issued until the bid closing date;

+ Amendments to the bidding document must be made at least 10 days before the bid closing date; for construction and mixed packages with a package price not exceeding 20 billion VND, goods procurement and non-consulting service packages with a package price not exceeding 10 billion VND, amendments must be made at least 03 working days before the bid closing date. Amendments to the expression of interest dossier or prequalification dossier must be made at least 03 working days before the bid closing date.

- The expression of interest dossier, prequalification dossier, and bidding document must be issued simultaneously with the notice of interest, notice of prequalification, and invitation to bid.

- For tasks not stipulated in clauses 1 and 2 Article 45 of the Bidding Law 2023, the authorized person or the investor is responsible for deciding the implementation time based on ensuring the progress of the project or package.

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