Circular No. 01/2010/TT-BKH provides detailed guidelines on the model Tender Documents for Construction Works applicable to projects within the scope of the Bidding Law, for entities and individuals responsible for preparing such documents. The model Tender Document consists of three main parts: instructions to bidders, requirements for construction works, and contract requirements.
适用范围
Entities and individuals responsible for preparing Tender Documents for construction work packages of projects within the scope of the Bidding Law must prepare such documents when implementing open bidding, restricted domestic bidding, and international bidding.
要点
- Entities and individuals preparing Tender Documents must base their requirements on the scale and nature of the tender package to ensure fair competition; they shall not create advantages for one or several bidders that would result in unequal competition.
- The model Tender Document for Construction Works includes three main parts: instructions to bidders, requirements for construction works, and contract requirements, divided into specific chapters.
- This Circular takes effect from March 1, 2010, replacing Decision No. 731/2008/QĐ-BKH of the Ministry of Planning and Investment.
- Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels are responsible for implementing this Circular.
- During implementation, if there are any difficulties, relevant entities and individuals must submit their opinions to the Ministry of Planning and Investment for review and adjustment.
🌐 本文件的社会影响
- Positive impact: Helps ensure fairness in the bidding process for construction works, enhancing the economic efficiency of projects.
- Negative impact: May impose additional administrative burdens on entities and individuals preparing Tender Documents.
❓ 常见问题
What parts does the model Tender Document for Construction Works include?
The model Tender Document for Construction Works includes three main parts: instructions to bidders, requirements for construction works, and contract requirements.
What should entities and individuals preparing Tender Documents pay attention to?
Entities and individuals preparing Tender Documents must base their requirements on the scale and nature of the tender package to ensure fair competition; they shall not create advantages for one or several bidders that would result in unequal competition.
When does this Circular take effect?
This Circular takes effect from March 1, 2010.
What responsibilities do Ministries, ministerial-level agencies, and government agencies have in implementing this Circular?
Ministries, ministerial-level agencies, and government agencies are responsible for implementing this Circular.
If there are any difficulties during implementation, what should entities and individuals do?
During implementation, if there are any difficulties, relevant entities and individuals must submit their opinions to the Ministry of Planning and Investment for review and adjustment.
全文
CIRCULAR
Detailed regulations on preparing tender documents for construction works
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Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005;
Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009;
Pursuant to Decree No. 68/2012/NĐ-CP dated September 12, 2012 amending and supplementing certain provisions of Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law;
Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;
The Ministry of Planning and Investment stipulates in detail the preparation of tender documents for construction works as follows:
Article 1. Scope of Regulation and Applicability
1. The subjects to which this applies are organizations and individuals responsible for preparing tender documents for construction work packages of projects within the scope of application of the Law on Bidding when implementing open bidding, restricted bidding domestically and internationally.
2. For construction work packages of projects using ODA funds, if approved by the financier, they shall apply the Model Tender Documents issued together with this Circular or may modify or supplement certain contents according to the bidding regulations in international treaties to which the Socialist Republic of Vietnam is a member or international agreements concluded by competent authorities of the Socialist Republic of Vietnam.
Article 2. Model Tender Documents for Construction Works
The Model Tender Documents for Construction Works issued together with this Circular include the following basic contents:
Part One: Instructions to Bidders
Chapter I: Requirements for Bidding Procedures
Chapter II. Tender Data Sheet
Chapter III: Evaluation Criteria and Content of Evaluation Price
Chapter IV: Bid Forms
Part Two: Requirements for Construction Works
Chapter V: Project and Package Introduction
Chapter VI: Projections Table
Chapter VII: Requirements for Implementation Schedule
Chapter VIII: Technical Requirements
Chapter IX: Drawings
Part Three: Contract Requirements
Chapter X: General Conditions of the Contract
Chapter XI: Specific Conditions of the Contract
Chapter XII: Model Contract
When applying this Model, organizations and individuals preparing tender documents must base their requirements on the scale and nature of the package, ensuring principles of competition, fairness, transparency, and economic efficiency; they may not impose conditions that limit bidder participation or create advantages for one or several bidders leading to unfair competition.
In this Model, italicized text represents guiding and illustrative content that will be concretized based on the scale and nature of the package by the user. If modifications or supplements are made to the standing text of this Model, organizations and individuals preparing tender documents must provide written explanations and ensure compliance with relevant laws on bidding; the project owner must bear legal responsibility for the modified or supplemented content.
Article 3. Implementation Organization
1. This Circular takes effect from March 1, 2010. This Circular replaces Decision No. 731/2008/QĐ-BKH dated June 10, 2008 of the Ministry of Planning and Investment promulgating the Model Tender Documents for Construction Works.
2. Ministries, ministerial-level agencies, government agencies, other central agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.
Ministries, ministerial-level agencies, government-affiliated agencies, other central agencies, and provincial People's Committees within their respective management scopes shall provide detailed guidance on certain contents of this Circular (if necessary), but must ensure compliance with its provisions.
3. During implementation, if there are any difficulties, please send comments to the Ministry of Planning and Investment for timely review and adjustment by the relevant ministries, ministerial-level agencies, government-affiliated agencies, central agencies, and local People's Committees at all levels, and related organizations and individuals.
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