Instructions for preparation, submission, appraisal of, and approval for the overall contractor selection plan for the project in Vietnam

Instructions for preparation, submission, appraisal of, and approval for the overall contractor selection plan for the project in Vietnam (Internet image)

1. Instructions for preparation, submission, appraisal of, and approval for the overall contractor selection plan for the project in Vietnam

According to Article 14 of Decree 24/2024/ND-CP, the regulations on preparation, submission, appraisal of, and approval for the overall contractor selection plan for the project in Vietnam are as follows:

- Depending on the project bidding's scale and nature, the employer (if appointed) can request the competent person to consider developing an overall contractor selection plan. If the employer has not been appointed yet, the agency assigned to prepare the project can request the competent person to consider developing an overall contractor selection plan.

- If the competent person approves the development of an overall contractor selection plan, the employer (or the agency assigned to prepare the project if the employer is not yet determined) (hereinafter referred to as employer) will use the following documents to create the plan:

+ Decision on investment policy for programs and projects;

+ Project approval (if any);

+ International treaties and loan agreements for ODA-funded projects or concessional loans from foreign sponsors (if any);

+ Project financing plan or project funding source plan (if any);

+ Relevant legal documents (if any).

The overall contractor selection plan includes the contents specified in Article 15 of Decree 24/2024/ND-CP.  The employer may hire a consultant to make an overall contractor selection plan for the project in case the employer's personnel are not qualified to do that.

- The employer is responsible for submitting the overall contractor selection plan to the competent person for review and approval.

- Agencies, organizations, and units specified in Article 126 of Decree 24/2024/ND-CP shall appraise the overall contractor selection plan.

- The competent person approves the overall contractor selection plan after approving the project itself. This approval is based on both the request for approval for the overall contractor selection plan and its accompanying appraisal report. The approved overall plan then serves as the foundation for the employer to develop and secure approval for a specific contractor selection plan. The specific contractor selection plan must align with the approved overall contractor selection plan. If there are any deviations, the employer can report them to the competent person for consideration and decision without resubmitting and reapproving the overall plan.

- The employer is responsible for posting the overall contractor selection plan on VNEPS no later than 5 working days from the date the document is issued.

2. Regulations on appraisal of overall contractor selection plan in Vietnam

Article 127 of Decree 24/2024/ND-CP stipulates the appraisal of overall contractor selection plan as follows:

* Documents submitted for appraisal and approval include:

- Request for approval for the overall contractor selection plan;

- Draft overall contractor selection plan;

- Supporting documents for formulating the overall contractor selection plan;

- Other relevant documents.

* Matters to be appraised include:

- Check the conformity of the contents of the overall contractor selection plan specified in Article 15 of Decree 24/2024/ND-CP;

- Other related contents.

* Contents of the appraisal report include:

- Overview of the main contents of the overall contractor selection plan, the legal grounds for preparing the overall contractor selection plan;

- Comments and opinions of the appraisal team on the contents of the overall contractor selection plan;

- Proposals and recommendations of the appraisal team on the contents of the overall contractor selection plan. For contents inconsistent with the draft overall contractor selection plan, the appraisal team must give specific reasons and propose solutions to submit to the competent person for consideration and decision;

- Other opinions (if any).

* Before signing the appraisal report, the appraisal team may convene a meeting with the parties involved to discuss the report’s content if necessary.

To Quoc Trinh

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