Circular No. 03/2010/TT-BKH provides detailed regulations on Tender Invitation Documents for prequalification of construction works for projects within the scope of the Bidding Law, applicable to organizations and individuals responsible for preparing such documents. The Tender Invitation Document consists of two parts: guidelines for contractors and requirements for construction works, with specific contents depending on the scale and nature of the tender package.
Scope of application
Organizations and individuals responsible for preparing Tender Invitation Documents for construction works packages of projects within the scope of the Bidding Law must do so when implementing open bidding procedures both domestically and internationally. Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels also bear responsibility for implementation.
Key points
- Organizations and individuals preparing Tender Invitation Documents for construction works must base their requirements on the scale and nature of the tender package to ensure fair competition; they may not limit contractor participation or create advantages for certain contractors.
- The Tender Invitation Document consists of two parts: guidelines for contractors and requirements for construction works, with specific contents depending on the scale and nature of the tender package.
- This Circular takes effect from March 15, 2010, replacing Decision No. 937/2008/QĐ-BKH of the Ministry of Planning and Investment.
- Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels shall provide detailed guidance on some provisions of this Circular if necessary.
- Any difficulties encountered during implementation shall be reported to the Ministry of Planning and Investment for review and amendment.
🌐 Social impact of this document
- Positive impact: Helps organizations and individuals better understand the process of preparing Tender Invitation Documents for prequalification of construction works, ensuring fairness in the bidding process.
- Negative impact: May impose additional burdens on organizations and individuals required to comply with new regulations.
❓ Frequently asked questions
What parts does the Tender Invitation Document for prequalification of construction works include?
The Tender Invitation Document consists of two parts: guidelines for contractors and requirements for construction works.
What conditions must organizations and individuals consider when formulating requirements for the Tender Invitation Document?
Requirements must be based on the scale and nature of the tender package to ensure fair competition, without limiting contractor participation or creating advantages for certain contractors.
When does this Circular take effect?
This Circular takes effect from March 15, 2010.
What responsibilities do Ministries, ministerial-level agencies, and government agencies have in implementing this Circular?
Ministries, ministerial-level agencies, and government agencies shall provide detailed guidance on some provisions of this Circular if necessary.
If there are difficulties during implementation, who will review and amend them?
Difficulties encountered during implementation shall be reported to the Ministry of Planning and Investment for review and amendment.
Full text
CIRCULAR
Article 1. Scope of Regulation and Applicability
1. The subjects to which this applies are organizations and individuals responsible for preparing tender invitation documents for prequalification for construction work packages of projects within the scope regulated by the Bidding Law when implementing open bidding domestically and internationally.
2. For construction work packages of projects using ODA funds, if approved by the donor, they shall apply the Model Tender Invitation Documents for Prequalification issued together with this Circular or may modify or supplement certain contents according to the bidding provisions 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 Invitation Documents for Prequalification
The Model Tender Invitation Documents for Prequalification issued together with this Circular include the following basic contents:
Part One. Instructions for Bidders
Chapter I. Requirements for Prequalification Procedures
Chapter II. Evaluation Criteria
Chapter III. Application Forms for Prequalification
Part Two. Construction Work Requirements
Chapter IV. Summary of Construction Work Requirements
When applying this Model, organizations and individuals preparing tender invitation documents must base their requirements on the scale and nature of the tender package, ensuring principles of competition, fairness, transparency, and economic efficiency; they must not set 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 tender package. If modifications or supplements are made to the non-italicized part of this Model, organizations and individuals preparing tender invitation documents must provide written explanations and ensure compliance with legal provisions 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 15, 2010. This Circular replaces Decision No. 937/2008/QD-BKH dated July 23, 2008 of the Ministry of Planning and Investment issuing the Model Tender Invitation for Prequalification of Construction Work Packages.
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 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 from relevant ministries, ministerial-level agencies, government agencies, other central agencies, and local People's Committees at all levels and related organizations and individuals for timely review and adjustment.
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