Circular No. 04/2010/TT-BKH provides detailed regulations on the preparation of Tender Request Documents for construction works under direct award, applicable to organizations and individuals responsible for preparing such documents when using the domestic direct award method. This Circular guides the structure and content of the Model Tender Request Document for construction works under direct award.
适用范围
Organizations and individuals responsible for preparing Tender Request Documents for construction works packages subject to this Circular shall apply the domestic direct award method. In cases where foreign contractors are awarded construction works packages, the contents specified in the Model Tender Request Document for construction works under direct award may be modified or supplemented.
要点
- Organizations and individuals preparing Tender Request Documents for construction works packages subject to this Circular shall apply the domestic direct award method. In cases where foreign contractors are awarded construction works packages, the contents specified in the Model Tender Request Document for construction works under direct award may be modified or supplemented.
- The Model Tender Request Document for construction works under direct award includes eight chapters: Instructions to Bidders; Requirements for Direct Award; Evaluation Criteria for Bid Proposals; Forms; Project and Package Description; Forecast Table; Requirements for Implementation Schedule; Technical Requirements; Drawings; Contract Requirements; Contract Conditions; Sample Contract.
- In this Model, italicized text represents guidance and illustrative content that will be concretized based on the scale and nature of the construction works package. If modifications or supplements are made to the non-italicized parts of this Model, the organization or individual preparing the Tender Request Document must provide a written explanation and ensure compliance with legal provisions on bidding; the project sponsor shall bear legal responsibility for any modifications or supplements.
- This Circular takes effect from March 25, 2010. Ministries, ministerial-level agencies, agencies under the Government, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular.
- During implementation, if there are any difficulties, ministries, ministerial-level agencies, agencies under the Government, 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 adjustment.
🌐 本文件的社会影响
- Positive impact: This Circular helps ensure transparency and economic efficiency in the process of direct award for construction works, contributing to improving the quality of construction projects.
- Negative impact: It may increase costs for organizations and individuals required to comply with regulations on preparing Tender Request Documents for direct award. Additionally, modifying or supplementing the Model Tender Request Document for direct award may create legal risks if not implemented in accordance with regulations.
- The organizations and individuals most affected are construction contractors and project sponsors. They need to comply with regulations on preparing Tender Request Documents for direct award to ensure transparency and efficiency in the bidding process.
❓ 常见问题
Which organizations and individuals are responsible for preparing Tender Request Documents for construction works under direct award?
Organizations and individuals responsible for preparing Tender Request Documents for construction works packages subject to this Circular shall apply the domestic direct award method.
What contents does the Model Tender Request Document for construction works under direct award include?
The Model Tender Request Document for construction works under direct award includes eight chapters: Instructions to Bidders; Requirements for Direct Award; Evaluation Criteria for Bid Proposals; Forms; Project and Package Description; Forecast Table; Requirements for Implementation Schedule; Technical Requirements; Drawings; Contract Requirements; Contract Conditions; Sample Contract.
How can organizations and individuals modify or supplement the Model Tender Request Document for construction works under direct award?
In this Model, italicized text represents guidance and illustrative content that will be concretized based on the scale and nature of the construction works package. If modifications or supplements are made to the non-italicized parts of this Model, the organization or individual preparing the Tender Request Document must provide a written explanation and ensure compliance with legal provisions on bidding; the project sponsor shall bear legal responsibility for any modifications or supplements.
When does this Circular take effect?
This Circular takes effect from March 25, 2010.
What actions should organizations and individuals take during the implementation of this Circular?
Ministries, ministerial-level agencies, agencies under the Government, central-level agencies, People's Committees at all levels, and related organizations and individuals are responsible for implementing this Circular. During implementation, if there are any difficulties, organizations and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely review and adjustment.
全文
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MINISTRY OF PLANNING AND INVESTMENT |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
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Number: 04/2010/TT-BKH |
Hanoi, February 1, 2010 |
CIRCULAR
Detailed regulations on preparing the Tender Request Document for construction procurement
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/NĐ-CP dated November 14, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment,
The Ministry of Planning and Investment provides detailed regulations on preparing the Tender Request Document for construction procurement as follows:
Article 1. Scope of application
The subjects to which this Circular applies are organizations and individuals responsible for preparing the Tender Request Document for construction procurement packages subject to the scope of application of this Circular when applying domestic selective tendering procedures. In cases where foreign contractors are selected to undertake construction procurement packages, the contents prescribed in the Model Tender Request Document for construction procurement may be modified or supplemented as appropriate.
Article 2. Scope of Regulation
1. Construction procurement packages as stipulated in point b, Clause 1, Article 20 of the Bidding Law, Clause 4, Article 2 of the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment, Article 101 of the Construction Law, point a, Clause 1 and Clause 2, Article 40 of Government Decree No. 85/2009/NĐ-CP dated October 15, 2009 guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law.
Construction procurement packages as stipulated in point a, Clause 1, Article 20 of the Bidding Law and construction procurement packages with a contract value not exceeding five hundred million dong are not within the scope of application of this Circular.
2. For construction procurement packages of projects using ODA funds, if approved by the donor, they shall apply the Model Tender Request Document issued together with this Circular or may modify or supplement certain contents according to bidding regulations in international treaties to which the Socialist Republic of Vietnam is a party or international agreements that competent authorities of the Socialist Republic of Vietnam have signed.
Article 3. Model Tender Request Document for construction procurement
The Model Tender Request Document for construction procurement issued together with this Circular includes the following basic contents:
Part I. Instructions to bidders
Chapter I. Requirements for selective tendering
Chapter II. Criteria for evaluating proposals
Chapter III. Forms
Chapter IV. Project and package description
Chapter V. Forecast table
Chapter VI. Requirements for progress
Chapter VII. Technical requirements
Chapter VIII. Drawings
Part II. Contract requirements
Chapter IX. Contract conditions
Chapter X. Model contract
When applying this Model, organizations and individuals preparing the Tender Request Document shall base their requirements on the scale and nature of the package while ensuring transparency and economic efficiency.
In this Model, the characters 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 part of this Model, the organization or individual preparing the Tender Request Document must provide a written explanation and ensure compliance with bidding laws; the project owner shall bear legal responsibility for the modified or supplemented contents.
Article 4. Implementation
1. This Circular takes effect from March 25, 2010.
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, 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, the relevant ministries, ministerial-level agencies, government agencies, central 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 adjustment./.
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Place of Receipt: - Ministries, agencies equivalent to ministries, and government agencies; - Office of the Central Steering Committee for Anti-Corruption; - Provincial People's Councils, Provincial People's Committees; - Central Party Office and Party Committees; - President's Office; ||| - National Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Government Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - Central Agencies of Mass Organizations; - Government website; Official Gazette; - Departments of Science and Technology and Industry of provinces and centrally-administered cities; - Units under the Ministry of Planning and Investment; - Department of Legal Drafting - Ministry of Justice; - To be filed: VT, State Bid Management Agency (DA.235). |
THE MINISTER (Signed) Vo Hong Phuc |
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