Circular No. 02/2009/TT-BKH guides the preparation of bidding plans.

CIRCULAR

Guidelines for preparing bidding plans

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Pursuant to the Law on Bidding No. 61/2005/QH11 dated November 29, 2005;

Pursuant to Clause 1, Article 67 of Decree No. 58/2008/NĐ-CP dated May 5, 2008 of the Government guiding the implementation of the Law on Bidding and the selection of 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 hereby issues guidelines for preparing bidding plans as follows:

I. APPLICABLE OBJECTS

The applicable objects are agencies and organizations responsible for approving bidding plans (hereinafter referred to as the project owner) for projects that have been approved within the scope of application of the Law on Bidding.

In cases where consultancy service packages are implemented before the approval decision of the project, when preparing the bidding plan, they may refer to this Circular.

II. GENERAL PROVISIONS

1. Preparing bidding plans shall be carried out in accordance with the principles stipulated in Article 6 of the Law on Bidding and Article 10 of Decree No. 58/2008/NĐ-CP dated May 5, 2008 of the Government, specifically as follows:

a) The bidding plan must be approved in writing by the competent authority after the investment decision has been approved or simultaneously with the investment decision in cases where conditions are met to serve as a legal basis for the project owner to organize the selection of contractors.

b) The bidding plan must be prepared for the entire project; in cases where it is not possible to prepare for the entire project due to urgent needs, it is permissible to prepare bidding plans for some packages to implement first.

c) In the bidding plan, the number of packages and the contents of each package must be clearly stated. The content of each package includes: name of the package, price of the package, source of funds, method of selecting contractors and bidding method, time for selecting contractors, form of contract, and time for implementing the contract.

d) The division of the project into packages must be based on technical characteristics, sequence of implementation, ensuring the synchronization of the project, and reasonable scale of the package (the scale of the package must be appropriate to the conditions and circumstances of the project, the capacity of current contractors, and consistent with the development of the domestic market). Each package only has one tender dossier and is conducted once. One package is executed under one contract; in cases where the package consists of several independent parts, it can be executed under one or more contracts.

2. When preparing the bidding plan, the project owner must base on the Model specified in Part III of this Circular.

3. Submitting the bidding plan for approval

The project owner is responsible for submitting the bidding plan to the investment decision maker or the person authorized to make the investment decision (hereinafter collectively referred to as the investment decision maker) for review and approval; at the same time, sending it to the agency or organization for examination. In cases where the bidding plan is submitted to the Prime Minister, the project owner must also send it to the sector management ministry for comments in writing to be presented to the Prime Minister for review and approval.

The document for submitting the bidding plan for approval includes the project's work items such as: completed work items, work items not subject to contractor selection methods, bidding plan section, work items not yet meeting the conditions for preparing the bidding plan. The total value of these work items must not exceed the total investment amount of the project.

The document for submitting the bidding plan for approval is established as a request for approval of the bidding plan according to the provisions in Part III of this Circular.

4. Examination and Approval of the Bidding Plan

Based on the document for submitting the bidding plan for approval submitted by the project owner, the relevant agency or organization examining the bidding plan must conduct an examination and prepare an examination report to submit to the investment decision maker for approval within a maximum period of 20 days (for cases where the package falls within the approval authority of the Prime Minister, the maximum period is 30 days).

The investment decision maker is responsible for approving the bidding plan within a maximum period of 10 days from the date of receipt of the examination report from the agency or organization conducting the examination. The approval of the bidding plan falling within the responsibility of the Prime Minister is carried out in accordance with the Government's Working Regulations.

III. MODEL OF BIDDING PLAN

The model of the bidding plan issued together with this Circular includes the following contents:

A. Model Request for Approval of the Bidding Plan

I. Summary Description of the Project

II. Completed Work Items

III. Work Items Not Subject to Contractor Selection Methods

IV. Bidding Plan Section

1. Bidding Plan Table

2. Explanation of the Content of the Bidding Plan

V. Work Items Not Yet Meeting Conditions for Preparing the Bidding Plan (if any)

VI. Recommendations

B. Appendices

Appendix 1. Legal Documents Attached to the Submission Document

Appendix 2. Tables, Forms, and Other Documents Attached to the Submission Document (if any)

Appendix 3. Example of a Request for Approval of the Bidding Plan

IV. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect 45 days from the date of signature.

2. During the implementation process, if there are difficulties, please send your opinions to the Ministry of Planning and Investment for timely consideration and revision.

                                                                              MINISTER

                                                                          (Signed)

                                                                              Vo Hong Phuc