Circular No. 01/2015/TT-BKHĐT provides detailed regulations on the preparation of Tender Invitation Documents, Bid Invitation Documents, and Request for Proposal Documents for consultancy services.

CIRCULAR

Detailed regulations on the preparation of Expression of Interest Documents, Tender Documents,

Request for Proposal for consultancy services

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Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;

Pursuant to Clause 2, Article 127 of Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing the implementation of certain provisions of the Law on Bidding regarding the selection of contractors;

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 details the preparation of Expression of Interest Documents, Tender Documents, and Request for Proposal for consultancy services as follows:

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular specifies the detailed preparation of Expression of Interest Documents, Tender Documents, and Request for Proposal for consultancy service packages within the scope regulated by the Law on Bidding No. 43/2013/QH13. For consultancy service packages under projects using official development assistance funds, preferential loans arising from international treaties, or agreements between Vietnam and sponsors, if approved by the sponsor, the Model Expression of Interest Documents, Tender Documents, and Request for Proposal issued together with this Circular may be applied, or some contents may be modified or supplemented according to the bidding regulations stipulated in international treaties or agreements.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Organizations and individuals participating in or related to the contractor selection activities for consultancy service packages as specified in Clause 1 of this Article.

Article 2. Application of Model Expression of Interest Documents, Tender Documents, and Request for Proposal for consultancy services

1. In cases of open tendering with shortlisting, apply the Model Expression of Interest Document and the Model Tender Document issued together with this Circular.

2. In cases of open tendering without shortlisting or selective tendering, apply the Model Tender Document issued together with this Circular.

3. In cases of direct contracting, apply the Model Request for Proposal issued together with this Circular.

4. When applying the Model Expression of Interest Document and the Model Tender Document, organizations and individuals preparing the Expression of Interest Document and Tender Document shall base their requirements on the scale, nature of the package, and market conditions to ensure principles of competition, fairness, transparency, and economic efficiency; they must not impose conditions that limit the participation of contractors or create advantages for one or several contractors leading to unfair competition.

In the Model Expression of Interest Document, Tender Document, and Request for Proposal, the words italicized indicate guiding and illustrative content that will be concretized based on the scale and nature of the package. If modifications or supplements are made to the printed parts of this Model, organizations and individuals preparing the Expression of Interest Document, Tender Document, and Request for Proposal must ensure compliance with legal regulations on bidding; the project owner must bear legal responsibility for the content of modifications or supplements.

5. When applying the Model Tender Document and Request for Proposal, in special cases where fixed unit price contracts or adjustable unit price contracts need to be applied, the project owner and the tenderer shall refer to the provisions of the Law on Bidding No. 43/2013/QH13 and Decree No. 63/2014/NĐ-CP to apply appropriately.

6. For consultancy service packages using state funds aimed at maintaining the regular operations of state agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, units under the people's armed forces, public service units as stipulated in Point d, Clause 1, Article 1 of the Law on Bidding No. 43/2013/QH13, when applying the Model Expression of Interest Document, Tender Document, and Request for Proposal, the term "project owner" should be replaced with "tenderer" as appropriate.

Article 3. Contracts

The contracts signed between the project owner and the contractor must comply with the Contract Model specified in the Tender Documents and Request for Proposal. Based on the scale and nature of the tender package, the project owner may supplement relevant clauses in the contract according to the specialized laws, but must ensure the logical consistency and coherence of the entire contract, avoiding restrictions on the rights of the project owner and reduction of the obligations of the consulting contractor.

Article 4. Organization of Implementation

1. This Circular takes effect from April 15, 2015. This Circular replaces Circular No. 06/2010/TT-BKH dated March 9, 2010 of the Ministry of Planning and Investment detailing the preparation of Tender Documents for consultancy services and Circular No. 09/2011/TT-BKHĐT dated September 7, 2011 of the Ministry of Planning and Investment detailing the preparation of Request for Proposal for designated consultancy tenders.

2. Ministries, ministerial-level agencies, government agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. In the course of implementation, if there are any difficulties, the ministries, ministerial-level agencies, government agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely review and amendment./.