Decree No. 04/2026/NĐ-CP stipulates the assignment of tasks, placing orders, and criteria for selecting Vietnamese organizations and enterprises to be assigned tasks and placed orders to provide railway industrial goods and services using state budget funds.

3. Agency or organization assigning tasks and placing orders to provide railway industrial goods and services is the project sponsor or agency or organization allocated funds to implement procurement and construction investment programs for railways (hereinafter referred to as the task assigner or order placer).

4. Vietnamese organization or enterprise providing railway industrial goods and services is an organization or enterprise established and operating in accordance with Vietnamese laws, assigned tasks or placed orders to provide railway industrial goods and services (hereinafter referred to as the supplier).

5. Assignment of tasks to provide railway industrial goods and services is a form where the task assigner or order placer directly assigns tasks by decision to a supplier that is an organization or enterprise under the task assigner or order placer.

6. Placing orders to provide railway industrial goods and services is a form where the task assigner or order placer directly places orders through contracts with Vietnamese organizations or enterprises.

Article 4. List of Railway Industrial Goods and Services to be Assigned Tasks or Placed Orders for Vietnamese Organizations and Enterprises

2. The Prime Minister decides to adjust and supplement the List of Railway Industrial Goods and Services to be Assigned Tasks or Placed Orders for Vietnamese Organizations and Enterprises (when necessary).

Chapter II

CRITERIA FOR SELECTING SUPPLIERS; CONTENT AND PROCEDURE FOR ASSIGNING TASKS AND PLACING ORDERS TO PROVIDE RAILWAY INDUSTRIAL GOODS AND SERVICES

Article 5. Criteria for Selecting Suppliers

Suppliers of railway industrial goods and services must meet the following criteria simultaneously:

1. Have functions and tasks for organizations or registered business fields and operating licenses for enterprises consistent with the assigned tasks or orders.

2. Not currently undergoing dissolution procedures or having had their business registration certificates revoked; not in a situation of insolvency as defined by bankruptcy laws.

3. Regarding financial capacity:

a) The net asset value of the supplier in the most recent fiscal year must be non-negative; have sufficient ability to arrange equity capital, borrow funds, and other legitimate sources of funding to fulfill the assigned tasks or orders;

b) Average annual revenue over the last three fiscal years must be at least 80,000 billion VND for enterprises established for three years or more, or have a minimum charter capital of 30,000 billion VND for enterprises established for less than three years;

c) For suppliers with foreign investment, they must ensure that there is at least one domestic investor holding more than 35% of the charter capital.

4. Regarding material facilities: have sufficient capacity in workshops, warehouses, machinery, equipment, production lines, and testing facilities to meet the requirements of the assigned tasks or orders, prioritizing suppliers with modern training bases, research and development facilities for railway industrial goods and services that align with the assigned tasks or orders.

5. Regarding human resources: have sufficient staff, experts, technical officers, and workers with management, research, professional, and vocational skills to meet the requirements of the assigned tasks or orders.

6. Regarding capability and experience in performing tasks:

a) Have advanced technical solutions, production processes, and technologies capable of customization and change; commit to and have specific plans to localize products, ensuring an increasing localization rate over time in line with the announced roadmap by the Ministry of Industry and Trade;

b) Have completed at least one task or project in a similar field or demonstrate experience in operating in a similar field or industry, or have agreements to cooperate with partners experienced in providing railway industrial goods and services assigned or ordered. If the partner is a foreign organization or enterprise, they must commit to transferring technology fully or partially to the supplier in accordance with laws on technology transfer;

c) Have the capability and plan to receive technology transfers to perform the assigned tasks or orders to provide railway industrial goods and services;

d) Commit to completing the tasks on schedule; have plans to mobilize resources to meet the requirements of the assigned tasks or orders;

đ) Have clear and long-term policies for warranty, maintenance, and customer support.

7. Regarding product quality: must meet technical standards and regulations according to the requirements of the task assigner or order placer; have a product quality control process; have conformity certification or compliance certification (for previously produced goods) or commit to providing conformity certification or compliance certification when delivering new products (for newly produced goods) in accordance with the technical standards and regulations required by the task assigner or order placer certified by conformity assessment organizations in accordance with laws on product and commodity quality, where the costs of testing, conformity certification, compliance certification, and other related costs are borne by the supplier.

8. Regarding cost and price: ensure competitive, transparent prices without exceeding the approved budget for railway industrial goods and services authorized by competent authorities.

Article 6. Content of assigning tasks and ordering provision of railway industrial services and goods

2. Content of assigning tasks:

a) Quantity and volume of railway industrial services and goods to be provided;

b) Quality of railway industrial services and goods;

c) Implementation time and completion time;

d) Budget estimate for assigning tasks to provide railway industrial services and goods approved by the competent authority in accordance with the laws on railways, construction laws, resolutions of the National Assembly, and other relevant laws;

đ) Advance payment, payment, settlement of costs;

g) Handover of railway industrial service products and goods;

h) Responsibilities of the provider;

i) Other contents as prescribed by law (if any);

k) In addition, the agency or organization assigning tasks may supplement other contents but not contrary to the provisions of law.

3. Content of ordering:

a) Quantity and volume of railway industrial services and goods to be provided;

b) Quality of railway industrial services and goods;

c) Implementation time and completion time;

d) Unit price, ordered price according to the decision of the competent authority in accordance with the laws on pricing and other relevant laws (if any), or budget estimate for ordering provision of railway industrial services and goods approved by the competent authority in accordance with the laws on railways, construction laws, resolutions of the National Assembly, and other relevant laws;

đ) Contract value;

e) Payment method, settlement;

g) Acceptance method for completed products, contract liquidation (according to Model No. 03, Model No. 04 Appendix II attached to this Decree);

h) Handover method for railway industrial service products and goods;

i) Responsibilities of the provider;

k) Responsibilities of the agency or organization placing orders;

l) Other contents as prescribed by law (if any);

m) In addition, the parties may supplement other contents but not contrary to the provisions of law.

Article 7. Procedure for assigning tasks and ordering provision of railway industrial services and goods

1. Based on the scale and nature of railway industrial services and goods of the program or project, the program or project sponsor organizes the preparation and submission to the investment decision-maker for approval of the plan to assign tasks and order provision of railway industrial services and goods.

2. The plan to assign tasks and order provision of railway industrial services and goods includes: task name; name of the agency assigning tasks and placing orders; unit price, ordered price in case of ordering (if any) or budget estimate; implementation form; time to organize selection of providers; time to provide services and goods, including:

a) The task name must reflect the nature, content, and scope of providing railway industrial services and goods. In cases where the task consists of several separate parts, the corresponding part task name and basic content of each part should be stated;

b) The budget estimate is the total cost to implement the provision of railway industrial services and goods, including contingency costs, taxes, fees, and determined within the total budget of the program, total investment level of the project established and approved in accordance with the laws on railways, construction laws, resolutions of the National Assembly, and other relevant laws;

c) Implementation form: each railway industrial service and good must clearly specify the implementation form as either assigning tasks or ordering;

d) Time to organize selection of providers includes: time for providers to submit proposal documents; time to evaluate and select providers; time to handle situations (if any); time to review and approve the results of selecting providers;

đ) Time to provide railway industrial services and goods is calculated from the date the task assignment decision or ordering contract becomes effective until the acceptance completion date of providing railway industrial services and goods, excluding warranty period (if any).

3. Based on the plan to assign tasks and order provision of railway industrial services and goods approved by the competent authority:

b) The provider prepares and sends a set of documents requesting participation in providing railway industrial services and goods to the agency assigning tasks and placing orders. The documents include: a request letter to participate in providing railway industrial services and goods (including a commitment to bear legal responsibility for the accuracy and legality of the submitted documents and materials); documents and materials proving compliance with the criteria required by the agency assigning tasks and placing orders as stipulated at point a of this clause; other related documents (if any).

4. The agency assigning tasks and placing orders establishes a Selection Committee as follows:

a) Composition of the Committee: The Chairman of the Committee is the leader of the agency assigning tasks and placing orders; members of the Committee are decided by the agency assigning tasks and placing orders, including representatives of the Ministry of Construction, the Ministry of Industry and Trade, and the Ministry of Science and Technology;

b) Tasks of the Committee: check the capability of the provider, and recommend the agency assigning tasks and placing orders to decide on the selection of providers.

5. The agency assigning tasks and placing orders decides to assign tasks to the provider that is an affiliated organization or enterprise, or negotiates and signs a contract with the selected or designated Vietnamese organization or enterprise.

6. In cases where the Government or Prime Minister designates the provider of railway industrial services and goods serving railway programs or projects, the agency assigning tasks and placing orders decides to assign tasks or negotiate and sign contracts according to the provisions of clauses 1, 2, and 5 of this Article.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of the agency assigning tasks and placing orders

1. To prepare the plan to assign tasks and order provision of railway industrial services and goods for submission to the investment decision-maker for approval; to prepare the task budget based on principles of thrift, efficiency, and suitability with actual conditions and market.

2. To determine specific requirements for the criteria prescribed in this Decree, suitable for the railway industrial services and goods assigned tasks and orders to select providers.

3. To establish a Selection Committee; to decide on the selection of providers; to prioritize the selection of providers who own intellectual property rights for railway industrial services and goods or have successfully completed similar or larger-scale tasks compared to the task under consideration.

4. To inspect, supervise, and evaluate the effectiveness of the provider's task performance.

5. To announce the results of selecting providers on the electronic portal of the agency assigning tasks and placing orders within five working days from the date of the decision to select providers.

6. To proactively study, develop, or propose the development of economic-technical norms and unit prices for railway industrial services and goods after having sufficient data from practical implementation as a basis for assigning tasks and ordering in subsequent stages.

Article 9. Rights and responsibilities of suppliers

1. Rights of suppliers

a) Enjoy preferential policies and support as prescribed by laws on railways, laws on science and technology and innovation, laws on technology transfer, and other relevant laws.

b) Place orders for other organizations or enterprises with sufficient capacity to provide one or several components of railway industrial services or goods assigned or ordered.

2. Responsibilities of suppliers

a) Report fully and truthfully on meeting the criteria as required by the agency assigning tasks or placing orders and bear legal responsibility for the accuracy and legality of submitted files and documents;

b) Provide and bear full responsibility for railway industrial services or goods according to the requirements of the assigned tasks or orders; report periodically or urgently as required by the agency assigning tasks or placing orders;

c) Be subject to inspection, examination, audit, and supervision by the agency assigning tasks or placing orders and competent state agencies regarding the implementation of assigned tasks or orders;

d) Provide conformity certification and compliance certification (for first-time produced goods) from conformity assessment organizations as prescribed by laws on product and commodity quality when delivering railway industrial service products or goods; costs for conformity certification and compliance certification shall be borne by the supplier. The conformity assessment organization must be inspected and approved by the agency assigning tasks or placing orders in accordance with laws on product and commodity quality;

đ) In case the supplier uses another organization or enterprise to provide one or several components of railway industrial services or goods, it must ensure that such organization or enterprise has sufficient capacity to perform the task, and the supplier must bear full responsibility for the quality and integration of the final product of the railway industrial service or goods according to the assigned task or order;

Article 10. Responsibilities of ministries, ministerial-level agencies, and provincial People's Committees

2. Ministry of Industry and Trade: based on the List of railway industrial services and goods assigned tasks or orders to Vietnamese organizations and enterprises and the criteria for suppliers stipulated in this Decree, publish and update the list of core organizations and enterprises providing railway industrial services and goods; develop and publish localization rates according to timelines for each assigned task or ordered railway industrial service or good as a basis for the agency assigning tasks or placing orders to refer to and select suppliers;

3. Ministry of Construction, Ministry of Industry and Trade, Ministry of Science and Technology have the responsibility to send representatives to participate in the Evaluation Council for selecting suppliers upon request of the agency assigning tasks or placing orders;

4. Ministries, ministerial-level agencies, and provincial People's Committees have the responsibility to direct, inspect, examine, and evaluate the assignment of tasks and placement of orders for the provision of railway industrial services and goods within their functions, duties, and scope of responsibility, ensuring that the assignment of tasks and placement of orders are carried out economically, effectively, and meet anti-corruption, waste, and negative practices requirements;

5. Agencies, organizations, heads, and civil servants involved in formulating, promulgating, and implementing policies stipulated in this Decree may be considered for exemption, reduction, or exemption from liability as prescribed by law;

Article 11. Effectiveness of Implementation

1. This Decree takes effect from the date of issuance.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees, and heads of related agencies and organizations are responsible for implementing this Decree;