Circular No. 09/2011/TT-BKHĐT detailing the preparation of tender request documents for advisory services designation

CIRCULAR

Detailed regulations on preparing tender request documents for advisory services designation

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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 stipulates detailed regulations on preparing Tender Request Documents for Designation to select organizations as contractors for advisory services as follows:

Article 1. Scope of Regulation and Applicability

1. The scope of application includes advisory service packages as specified in Clause 1 of Article 20 of the Law on Bidding, Clause 4 of Article 2 of the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment, and Clauses 1 and 2 of Article 40 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.

Advisory service packages with a value not exceeding 500 million Vietnamese dong are not within the scope of application of this Circular.

2. The subjects applying this regulation are organizations and individuals responsible for preparing Tender Request Documents for Designation for advisory service packages within the scope of application mentioned in Clause 1 when applying the designation method to select organizational advisory service contractors.

3. For advisory service packages of projects using ODA funds, if approved by the financier, they may apply the Model Tender Request Document for Designation for Advisory Services 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 member or international agreements that competent authorities of the Socialist Republic of Vietnam have signed.

Article 2. Model Tender Request Document for Designation for Advisory Services

The Model Tender Request Document for Designation for Advisory Services issued together with this Circular includes the following basic contents:

Part One. Instructions to Contractors

Chapter I. Requirements for Designation

Chapter II. Technical Evaluation Criteria for Proposal Documents

Chapter III. Forms

Chapter IV. Reference Clauses

Part Two. Contract Requirements

Chapter V. Contract Conditions

Chapter VI. Model Contract

When applying this Model, organizations and individuals preparing Tender Request Documents for Designation shall base their requirements on the scale and nature of the package to ensure transparency and economic efficiency.

In this Model, italicized text is guidance and illustrative content that will be concretized based on the scale and nature of the package. If modifying or supplementing the standing text in this Model, organizations and individuals preparing Tender Request Documents for Designation must ensure compliance with bidding laws; the project owner shall bear legal responsibility for modified or supplemented contents.

Article 3. Implementation Organization

1. This Circular takes effect from November 1, 2011.

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-affiliated agencies, central-level 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 this Circular and bidding laws.

3. During implementation, if there are any difficulties, please send comments to the Ministry of Planning and Investment for timely review and adjustment by relevant ministries, ministerial-level agencies, government-affiliated agencies, central-level agencies, People's Committees at all levels, and related organizations and individuals./.