DECREE

Amending and supplementing certain articles of Decree No. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the CPTPP Agreement), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (hereinafter referred to as the EVFTA Agreement), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (hereinafter referred to as the UKVFTA Agreement).

^___________ 

||| Pursuant to the Law on Organization of the Government dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

Pursuant toLaw on International Treaties dated April 9, 2016;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to Resolution No. 102/2020/QH14 dated June 8, 2020 of the National Assembly approving the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union;

To implement the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union which took effect from August 1, 2020, The Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland which took effect from May 1, 2021;

At the proposal of the Minister of Planning and Investment;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland.

Article 1. Amending and supplementing certain articles of Decree No. 95/2020/NĐ-CP dated August 24, 2020 of the Government guiding the implementation of procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

1. Amending and supplementing certain points and clauses of Article 1 as follows:

a) Amend and supplement Clause 1 as follows:

"1. This Decree stipulates on public procurement for the supply of goods, consulting services, non-consulting services, construction services within the scope regulated by the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the CPTPP Agreement), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (hereinafter referred to as the EVFTA Agreement), and the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland (hereinafter referred to as the UKVFTA Agreement) set out in Appendices I, II, and III attached to this Decree."

b) Amending and supplementing Point e Clause 2 as follows:

"e) The cases provided for in Clause 8 of Appendix I, Clause 7 of Appendix II, and Clause 9 of Appendix III attached to this Decree."

2. Amending and supplementing Clause 1, Clause 2, and adding Clause 9 to Article 3 as follows:

a) Amend and supplement Clause 1 and Clause 2 as follows:

"1. The procuring entity is an agency or organization listed in Appendices I, II, and III attached to this Decree that is assigned to be the project owner, tender inviter of the procurement budget.

2. Member State means a country or territory satisfying one of the following conditions:

a) Signing the CPTPP Agreement on March 8, 2018 and at the time of approval of the notice of interest, prequalification notice, request for proposal, tender notice of the tender package, the CPTPP Agreement is effective with that country (hereinafter referred to as the CPTPP Agreement Member State);

b) Applying the Treaty Establishing the European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as the EU Member State);

c) The United Kingdom, Northern Ireland."

b) Adding Clause 9 as follows:

"9. Public procurement is the process of selecting contractors who have sufficient capacity, experience, and feasible solutions to enter into and perform contracts for the supply of goods and services for public purposes and not for commercial sale or resale or use in the production and supply of goods and services for commercial sale or resale based on ensuring competition, fairness, transparency, and economic efficiency."

3. Amend and supplement Article 4 as follows:

"Article 4. Intra-block tendering, international tendering
1. When organizing the selection of contractors for tender packages within the scope regulated by this Decree, the procuring entity must organize intra-block tendering in accordance with the provisions of Clauses 2 and 3 of this Article, except where the authorized person considers it necessary to organize international tendering to achieve higher effectiveness for the project or tender package.
2. In the case of organizing intra-block tendering for tender packages supplying services, the procuring entity shall proceed as follows:
a) For tender packages specified in Appendix I attached to this Decree, the procuring entity allows domestic contractors to participate in the tender;
b) For tender packages specified in Appendix II attached to this Decree, the procuring entity decides to allow domestic contractors to participate in the tender or only allow contractors from CPTPP Agreement Member States to participate in the tender;
c) For tender packages specified in Appendix III attached to this Decree, the procuring entity decides to allow domestic contractors to participate in the tender or only allow contractors from EU Member States, the United Kingdom, and Northern Ireland to participate in the tender;
d) For tender packages supplying services under CPC code 75231 (data network services), CPC code 75232 (information and electronic message services), CPC code 84 (computer services and related services) specified in Appendix II attached to this Decree, the procuring entity decides to allow contractors from CPTPP Agreement Member States to participate in the tender or only allow domestic contractors to participate in the tender.

3. In the case of organizing intra-block tendering for tender packages supplying goods, the procuring entity shall proceed as follows:
a) For tender packages supplying goods specified in Appendix I attached to this Decree, the procuring entity only allows domestic contractors to bid on goods of origin from member states to participate in the tender;

b) For tender packages supplying goods specified in Appendix II attached to this Decree, the procuring entity decides to allow domestic contractors to bid on goods of origin from CPTPP Agreement Member States, EU Member States, the United Kingdom, and Northern Ireland to participate in the tender or only allow contractors from CPTPP Agreement Member States to bid on goods of origin from CPTPP Agreement Member States to participate in the tender;

c) For packages of goods procurement as specified in Appendix III attached to this Decree, the purchasing agency decides to allow contractors within the bloc to bid on goods with origin from CPTPP Member States, EU Member States, the United Kingdom, and Northern Ireland to participate in the tender, or only allows contractors from EU Member States, the United Kingdom, and Northern Ireland to bid on goods with origin from EU Member States, the United Kingdom, and Northern Ireland to participate in the tender.

4. Amend and supplement Clause 3 of Article 5 as follows:

"3. Domestic preference measuresFor packages of procurement within the scope of this Decree, the purchasing agency may apply domestic preference measures according to the schedule prescribed in Clauses 1, 1a, 1b, 2, 3, and 4 of Article 15 of this Decree. After the period stipulated in Article 15 of this Decree, the purchasing agency shall not apply domestic preference measures."

5. Supplement some points to Article 6 as follows:

a) Supplement Point h and Point i to Clause 1 as follows:

"h) Not subject to a final court judgment for serious crimes or other serious violations within three years prior to the tender closing date;

i) No evidence of serious breaches of professional ethics by the contractor within three years prior to the tender closing date.";

b) Supplement Point đ and Point e to Clause 2 as follows:

"đ) Not subject to a final court judgment for serious crimes or other serious violations within three years prior to the tender closing date;

e) No evidence of serious breaches of professional ethics by the contractor within three years prior to the tender closing date."

6. Supplement Clause 7 to Article 7 as follows:

"7. In the case of state-owned economic groups of Vietnam, if the products or services in the tender package are the main production and business activities of the group and are the outputs of one company and inputs of another company within the group, then the group and subsidiaries of the group are permitted to participate in each other's selection process of contractors. The contractor participating in the tender does not have to meet the independent legal and financial requirements for the consultant contractor for that tender package if the consultant contractor is also a subsidiary of the group."

7. Supplement Point k to Clause 1 of Article 9 as follows:

"k) Summary content in English of the notice of prequalification, notice of interest, and tender notice of the tender package as specified in Appendix I and Appendix III attached to this Decree. The posting shall be carried out after the European Union completes technical and financial support for building and maintaining an automatic translation and posting system for summary notices on the National Public Procurement Network System."

8. Supplement Clause 1a and Clause 1b after Clause 1 of Article 15 and amend Clause 5 of Article 15 as follows:

a) Supplement Clause 1a and Clause 1b after Clause 1 as follows:

"1a. For tender packages as specified in Appendix I and Appendix III attached to this Decree, the transition period is as follows:

a) From August 1, 2020 to January 13, 2029, the purchasing agency applies domestic preference measures as prescribed in Clause 6 of this Decree. The authorized person is responsible for determining the total value of domestic preferences in one year, not exceeding 40% of the total contract price of tender packages within the scope of this Decree under their management;

b) From January 14, 2029 to July 31, 2038, the purchasing agency applies domestic preference measures as prescribed in Clause 6 of this Decree. The authorized person is responsible for determining the total value of domestic preferences in one year, not exceeding 30% of the total contract price of tender packages within the scope of this Decree under their management;

c) From August 1, 2038 onwards, the purchasing agency shall not apply domestic preference measures for tender packages within the scope of this Decree under their management.

1b. For tender packages as specified in Appendix II attached to this Decree, the transition period shall be implemented according to the provisions of Clauses 2, 3, 4, 6, and 7 of this Decree."

b) Amend Clause 5 as follows:

"5. The purchasing agency is responsible for determining tender packages eligible for domestic preference measures within its management scope, ensuring compliance with the provisions of Clauses 1a, 1b, 2, and 3 of this Decree."

9. Amend Point d of Clause 2 and supplement Point e to Clause 2 of Article 29 as follows:

a) Amend Point d of Clause 2 as follows:

"d) When calculating the tender package price to determine whether the tender package falls within the scope of this Decree, the total estimated maximum value of the tender package throughout the entire contract period must be calculated, including all types of fees, charges, commissions, returns, or other revenues that may be paid under the contract; in cases where the tender package applies additional purchase options as prescribed in Clause 3 of this Decree, the value of the additional purchase option must be added to the tender package price for comparison with the threshold price of tender packages as specified in Appendices I, II, and III attached to this Decree;"

b) Supplement Point e to Clause 2 as follows:

"e) For centralized procurement packages, tender packages divided into parts to purchase recurring goods and services annually, the determination of the tender package price is based on the following contents:

- Annual demand to avoid splitting the tender package;

- Results of online contractor selection for similar goods and services within twelve months before the approval of the contractor selection plan, based on compatibility with the procurement volume and market prices. In cases where there are no results of online contractor selection, reference is made to the results of non-online contractor selection or at least three quotations based on compatibility with the procurement volume and market prices or prices referenced from official information published by suppliers through the Internet."

10. Supplement Clause 5 to Article 39 as follows:

"5. Except for tender packages for the provision of consultancy services, tender documents that do not meet the requirements regarding key personnel and main construction equipment specified in the tender invitation will not be immediately disqualified during the evaluation of capacity and experience. The tenderer must request the contractor to propose alternative personnel and equipment within a suitable period for the tenderer to review and assess. If the contractor does not propose alternative personnel and equipment that meet the requirements, the tender document of the contractor will be disqualified."

11. Add Clause 3 to Article 79 as follows:

"3. In cases stipulated in Points c, đ, and g of Clause 2 of Article 21 of this Decree, the procedures set forth in Articles 77 and 78 of this Decree shall be applied if deemed necessary."

12. Amend Clause 16 and add Clause 18 to Article 97 as follows:

a) Amend Clause 16 as follows:

"16. In the case of renaming, splitting, or dividing procurement entities listed in Appendices I, II, and III attached to this Decree, the new entity after renaming, splitting, or dividing shall be considered to belong to these appendices.

In the case of merger or consolidation of procurement entities listed in Appendices I, II, and III attached to this Decree, the tender package of the entity after merger or consolidation aimed at performing the functions and tasks of the entity before merger or consolidation must be carried out in accordance with this Decree.

In the case where a subordinate unit of a procurement entity listed in Appendices I, II, and III attached to this Decree is transferred to another entity's management, such unit still belongs to these appendices."

b) Add Clause 18 to Article 97 as follows:

"18. In the case where tender packages or projects have special conditions that cannot apply the tender selection methods prescribed in Articles 20 and 21 of this Decree, the authorized person shall submit to the Prime Minister for consideration and decision on the tender selection plan based on compliance with the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. The Ministry of Planning and Investment shall be responsible for reviewing the tender selection plan in special cases decided upon by the Prime Minister in accordance with this clause.”

13. Amend and supplement Article 102 as follows:

"Article 102. Transitional Provisions
1. For tender packages within the scope of application of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement which have approved tender selection plans, tender notices, prequalification documents, request for proposals, tender invitations but have not issued tender notices, prequalification documents, request for proposals, tender invitations by the date this Decree takes effect, in cases where the contents are inconsistent with the provisions of this Decree, they must be revised to comply with the tender selection plans, tender notices, prequalification documents, request for proposals, tender invitations.

2. For tender packages within the scope of application of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement which have issued tender notices, prequalification documents, request for proposals, tender invitations before the date this Decree takes effect but have closing dates after the Decree takes effect and have not yet reached their closing dates, in cases where the contents are inconsistent or contrary to the provisions of this Decree, they must be amended to comply. In this case, the project owner or tenderer must provide contractors with a reasonable period to prepare tender notices, prequalification documents, proposal requests, tender documents.

3. For tender packages within the scope of application of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement which opened tenders before the date this Decree takes effect, the evaluation of tender notices, prequalification documents, proposal requests, tender documents and awarding of contracts shall be carried out according to the provisions in the tender notices, prequalification documents, request for proposals, tender invitations, but must ensure compliance with the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement."

Article 2. Supplement, replace, and abolish certain provisions and Appendices of Decree No. 95/2020/NĐ-CP

1. Add the phrase ", the EVFTA Agreement, the UKVFTA Agreement" after the phrase "the CPTPP Agreement" in Clause 2, Article 8, Point a, Clause 2, Article 10, Clause 1, Article 27, Clause 5, Article 81, Points b and d, Clause 1, Article 100, Clause 2, Article 100, and Article 101.

2. Replace Appendices I, II, and III.

3. Abolish Appendices IV, V, VI, and VII.

Article 3. Effectiveness

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

 

 

 

Appendix I

TENDER PACKAGE WITHIN THE SCOPE OF REGULATION OF THE CPTPP AGREEMENT, THE EVFTA AGREEMENT AND THE UKVFTA AGREEMENT

(Attached to Decree No. 09/2022/NĐ-CP

dated January 12, 2022 of the Government)

^___________ 

1. A tender package within the scope of regulation of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement shall be a tender package that meets all of the following conditions:

a) The tender package value is at or above the threshold value specified in Clause 2 of this Appendix;

b) It belongs to a project or budget of the purchasing entity listed in Clause 3 of this Appendix;

c) It is a consulting service tender package, non-consulting service tender package, construction service tender package, or goods procurement tender package as specified in Clauses 4, 5, and 6 of this Appendix;

d) It does not fall under the exclusion cases specified in Clause 8 of this Appendix.

2. Tender Package Threshold Value

2.1. The threshold value for consulting service tender packages, non-consulting service tender packages, and goods procurement tender packages of central purchasing entities listed in Clause 3.1 of this Appendix is as follows:

a) From August 1, 2020 to July 31, 2025: 1,500,000 SDR;

b) From August 1, 2025 to July 31, 2030: 1,000,000 SDR;

c) From August 1, 2030 to January 13, 2034: 500,000 SDR;

d) From January 14, 2034 to July 31, 2035: 260,000 SDR;

đ) From August 1, 2035 onwards: 130,000 SDR.

2.2. The threshold value for construction service tender packages of central purchasing entities listed in Clause 3.1 of this Appendix is as follows:

a) From August 1, 2020 to January 13, 2024: 40,000,000 SDR;

b) From January 14, 2024 to July 31, 2025: 32,600,000 SDR;

c) From August 1, 2025 to January 13, 2029: 20,000,000 SDR;

d) From January 14, 2029 to July 31, 2030: 16,300,000 SDR;

đ) From August 1, 2030 to January 13, 2034: 10,000,000 SDR;

e) From January 14, 2034 to July 31, 2035: 8,500,000 SDR;

g) From August 1, 2035 onwards: 5,000,000 SDR.

2.3. The threshold value for consulting service tender packages, non-consulting service tender packages, and goods procurement tender packages of other purchasing entities listed in Clause 3.2 of this Appendix is as follows:

a) From August 1, 2020 to January 13, 2024: 3,000,000 SDR;

b) From January 14, 2024 to July 31, 2030: 2,000,000 SDR;

c) From August 1, 2030 to July 31, 2035: 1,500,000 SDR;

d) From August 1, 2035 onwards: 1,000,000 SDR.

2.4. The threshold value for construction service tender packages of other purchasing entities listed in Clause 3.2 of this Appendix is as follows:

a) From August 1, 2020 to July 31, 2025: 40,000,000 SDR;

b) From August 1, 2025 to July 31, 2030: 25,000,000 SDR;

c) From August 1, 2030 to July 31, 2035: 20,000,000 SDR;

d) From August 1, 2035 onwards: 15,000,000 SDR.

2.5. For drug procurement tender packages of hospitals listed in Clause 3.2 of this Appendix, the threshold value for tender packages is as follows:

a) For drug procurement tender packages of each hospital with a contract duration of one year or more, centralized drug procurement tender packages organized by the Ministry of Health on behalf of the hospitals: apply the threshold value for tender packages as stipulated in Clause 2.3 of this Appendix;

b) For drug procurement tender packages of each hospital with a contract duration of less than one year, except for the case provided for in point c of this clause: the threshold value for tender packages is 500,000 SDR;

c) For tender packages consisting solely of a single type of drug: the threshold value for tender packages is 130,000 SDR.

3. List of Purchasing Entities Within the Scope of Regulation of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement

3.1. Central Purchasing Entities

The entities and units listed below are within the scope of regulation of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. This Decree only applies to tender packages of entities and units listed below directly under ministries, ministerial-level agencies, government agencies listed in this Appendix, and administrative units at the central level of those entities and units.

a) Ministry of Justice:

- Criminal Law and Administrative Law Department;

- Civil Law and Economic Law Department;

- International Law Department;

- Legal Education and Popularization Department;

- Judicial Assistance Bureau;

- Cadre and Organization Department;

- Ministry Inspectorate;

- Awards and Honors Department;

- International Cooperation Department;

- General Issues on Legislative Development Department;

- Legal Aid Agency;

- Child Adoption Bureau;

- Planning and Finance Department (now the Planning and Finance Bureau);

- Civil Enforcement General Department;

- Legal Normative Documents Inspection Bureau;

- National Registry of Security Interests;

- Information Technology Bureau;

- Ministry Office;

- State Compensation Bureau;

- Southern Operations Bureau;

- Administrative Procedure Supervision Bureau (now part of the Government Office);

- Registry, Citizenship, Notarization Bureau.

The list above includes Project Management Units directly under the Ministry of Justice and those under the aforementioned units of the Ministry of Justice.

b) Ministry of Planning and Investment:

- Cadre and Organization Department;

- Legal Affairs Department;

- Ministry Inspectorate;

- Awards and Honors Department (now the Awards and Honors and Communication Department);

- Cooperative Economy Department (now the Cooperative Development Bureau);

- Financial and Monetary Affairs Department;

- National Economy Synthesis Department;

- Bidding Management Bureau;

- Industrial Economy Department;

- Agricultural Economy Department;

- Service Economy Department;

- Infrastructure and Urban Development Department;

- Economic Zone Management Department;

- Investment Monitoring and Appraisal Department;

- Planning Management Department;

- Local and Territorial Economy Management Department;

- Foreign Economy Department;

- Labor, Culture, and Social Affairs Department;

- Science, Education, Natural Resources, and Environment Department;

- Enterprise Development Bureau;

- Foreign Investment Bureau;

- Business Registration Management Bureau;

- Ministry Office;

- Defense and Security Department;

- General Statistics Office.

The list above includes the Project Management Boards under the Ministry of Planning and Investment and those under the units mentioned above of the Ministry of Planning and Investment.

- Guide methods for establishing salary regulations; methods for establishing standards for enterprise management officials, professional standards, technical grade standards so that state-owned companies can establish and promulgate standards as a basis for grading and paying salaries;

- Cadre and Organization Department;

- Legal Affairs Department;

- Ministry Inspectorate;

- Department of Social Insurance;

- Department of Gender Equality;

- Department of Labor - Wages (now the Directorate of Labor Relations and Wages);

- International Cooperation Department;

- Directorate of Overseas Labor Management;

- Directorate of Occupational Safety and Health;

- Directorate of Employment;

- Directorate of Child Protection and Care (now the Directorate of Children);

- Department of Planning and Finance;

- Directorate of War Invalids and Martyrs;

- Directorate of Prevention and Control of Social Evils;

- Directorate of Social Assistance;

- Ministry Office;

- General Department of Vocational Training (now the General Department of Vocational Education and Training).

The list above includes the Project Management Boards under the Ministry of Labor, Invalids and Social Affairs and those under the units mentioned above of the Ministry of Labor, Invalids and Social Affairs.

d) Ministry of Culture, Sports and Tourism:

- Cadre and Organization Department;

- Legal Affairs Department;

- Ministry Inspectorate;

- Department of Science, Technology and Environment;

- Directorate of International Cooperation;

- Directorate of Cultural Heritage;

- Department of Training;

- General Department of Tourism;

- Department of Mobilization and Awards;

- Directorate of Fine Arts, Photography and Exhibitions;

- Department of Family;

- Department of Ethnic Culture;

- Department of Libraries;

- Department of Planning and Finance;

- Ministry Office;

- Southern Operations Bureau;

- Directorate of Performing Arts;

- Directorate of Cinema;

- Directorate of Copyright;

- Directorate of Grassroots Cultural Activities;

- General Department of Physical Culture and Sports;

- Board of Management of Ethnic Cultural Villages and Tourism.

The list above includes the Project Management Boards under the Ministry of Culture, Sports and Tourism and those under the units mentioned above of the Ministry of Culture, Sports and Tourism.

đ) Ministry of Science and Technology:

- Cadre and Organization Department;

- Legal Affairs Department;

- Inspectorate of the Ministry;

- International Cooperation Department;

- Department of Social Sciences and Natural Sciences (now the Department of Social Sciences, Humanities and Natural Sciences);

- Department of Science and Technology for Economic and Engineering Industries;

- Department of High Technology;

- Department of Evaluation, Appraisal and Technical Inspection;

- Department of Planning and General Affairs; Department of Finance (now merged into the Department of Planning and Finance);

- Directorate of Technology Application and Development;

- Directorate of Intellectual Property;

- Ministry Office;

- Southern Operations Bureau;

- General Department of Standardization, Metrology and Quality;

- Awards and Honors Department;

- Department of Local Science and Technology Development;

- Directorate of Market and Enterprise Development for Science and Technology;

- Directorate of National Information on Science and Technology;

- Directorate of Radiation and Nuclear Safety;

- Directorate of Atomic Energy;

- Board of Management of Hoa Lac High-Tech Park.

The list above includes the Project Management Boards under the Ministry of Science and Technology and those under the units mentioned above of the Ministry of Science and Technology.

e) Ministry of Finance:

- Directorate of Price Management;

- Directorate of Corporate Finance;

- Directorate of Debt and Foreign Financial Management;

- Directorate of State Asset Management;

- Department of State Budget;

- Department of Investment;

- Department I (Department of Defense, Security and Special Finance);

- Department of Administrative and Public Finance;

- Department of Tax Policy;

- Department of Banking and Financial Organization Finance;

- Department of Accounting and Auditing Systems (now the Directorate of Accounting and Auditing Supervision);

- International Cooperation Department;

- Legal Affairs Department;

- Cadre and Organization Department;

- Awards and Honors Department;

- Ministry Inspectorate;

- Directorate of Insurance Supervision;

- Directorate of Planning and Finance;

- Ministry Office;

- Securities Commission;

- State Reserve Administration General Department.

The list above includes the Project Management Boards under the Ministry of Finance and those under the units mentioned above of the Ministry of Finance.

g) Ministry of Construction:

- International Cooperation Department;

- Department of Science, Technology and Environment;

- Cadre and Organization Department;

- Legal Affairs Department;

- Department of Planning and Architecture;

- Ministry Inspectorate;

- Department of Construction Economy (now the Directorate of Construction Economy);

- Directorate of Urban Development;

- Department of Building Materials;

- Department of Planning and Finance;

- Directorate of Construction Activities Management;

- Directorate of Technical Infrastructure;

- Directorate of State Quality Inspection of Construction Projects;

- Directorate of Housing and Real Estate Market Management;

- Ministry Office;

- Southern Operations Bureau;

- Department of Enterprise Management.

The list above includes the Project Management Boards under the Ministry of Construction and those under the units mentioned above of the Ministry of Construction.

h) Ministry of Information and Communications:

- Department of Posts and Telecommunications;

- Department of Information Technology;

- Department of Science and Technology;

- Department of International Cooperation;

- Legal Affairs Department;

- Cadre and Organization Department;

- Department of Planning and Finance;

- Ministry Inspectorate;

- Ministry Office;

- Directorate of Radio Frequency Management;

- Directorate of Telecommunications;

- Directorate of E-Government;

- Directorate of Press;

- Directorate of Publishing, Printing and Distribution;

- Directorate of Broadcasting, Television and Electronic Information;

- Department of Enterprise Management;

- Department of Mobilization and Awards;

- Department of Basic Information (now the Directorate of Basic Information).

The list above includes the Project Management Boards under the Ministry of Information and Communications and those under the units mentioned above of the Ministry of Information and Communications.

i) Vietnam Social Security:

- Fund Investment Board (now the Department of Fund Investment Management);

- Office, with representation in Ho Chi Minh City;

- Board of Social Insurance Policy Implementation;

- Board of Medical Insurance Policy Implementation;

- Board of Registers - Cards;

- Propaganda Board (now the Communication Center);

- International Cooperation Board (now the Department of International Cooperation);

- Board of Motivation and Awards (now the Department of Motivation and Awards);

- Legal Affairs Board (now the Department of Legal Affairs);

- Cadre and Civil Servant Organization Board (now the Department of Cadre and Civil Servant Organization);

- Revenue Board;

- Finance and Accounting Board (now the Department of Finance and Accounting);

- Planning and Investment Board (now the Department of Planning and Investment);

- Board of Drugs and Medical Supplies;

- Audit Board (now the Department of Audit and Inspection);

- Internal Audit Board (now the Department of Internal Audit).

The list above includes the Project Management Boards under Vietnam Social Security and those under the units mentioned above of Vietnam Social Security.

k) Government Inspectorate:

- Department of Cadre and Civil Servant Organization;

- Legal Affairs Department;

- Department of International Cooperation;

- Department of Economic Sector Inspection (Department I) (now the Department of Economic Sector Inspection, Complaints and Petitions Resolution (Department I));

- Department of Internal Affairs and Comprehensive Economic Sector Inspection (Department II) (now the Department of Internal Affairs and Comprehensive Economic Sector Inspection, Complaints and Petitions Resolution (Department II));

- Department of Cultural and Social Sector Inspection (Department III) (now the Department of Cultural and Social Sector Inspection, Complaints and Petitions Resolution (Department III));

- First Region Complaints and Petitions Resolution and Inspection Bureau (Bureau I) (now the First Region Inspection, Complaints and Petitions Resolution Bureau (Bureau I));

- Second Region Complaints and Petitions Resolution and Inspection Bureau (Bureau II) (now the Second Region Inspection, Complaints and Petitions Resolution Bureau (Bureau II));

- Third Region Complaints and Petitions Resolution and Inspection Bureau (Bureau III) (now the Third Region Inspection, Complaints and Petitions Resolution Bureau (Bureau III));

- Anti-Corruption Bureau (Bureau IV) (now the Bureau of Anti-Corruption (Bureau IV));

- Office;

- Department of Citizen Reception and Letter Handling (now the Central Citizen Reception Office);

- Department of Post-Inspection Monitoring, Evaluation and Handling;

- Department of Planning, Finance and General Affairs (now the Department of Planning and General Affairs).

The list above includes the Project Management Boards under the Government Inspectorate and those under the units mentioned above of the Government Inspectorate.

l) Ministry of Industry and Trade:

- Department of Planning;

- Cadre and Organization Department;

- Legal Affairs Department;

- International Cooperation Department (now separated into functions and tasks for units: Africa-Europe Market Department; America-Europe Market Department; Planning Department);

- Ministry Inspectorate;

- Department of Science and Technology;

- Heavy Industry Department (now merged into the Industry Bureau);

- Energy General Administration (now separated into: Oil and Coal Department; Energy Saving and Sustainable Development Department; Electricity and Renewable Energy Bureau);

- Light Industry Department (now merged into the Industry Bureau);

- Import-Export Bureau;

- Domestic Market Department;

- Border and Mountainous Area Trade Department (now separated into functions and tasks for units: Import-Export Bureau; Domestic Market Department);

- Asia-Pacific Market Department (now merged with Africa-West Asia-South Asia Market Department to form the Asia-Africa Market Department);

- European Market Department (now merged with American Market Department to form the Europe-America Market Department);

- American Market Department (now merged with European Market Department to form the Europe-America Market Department);

- Africa-West Asia-South Asia Market Department (now merged with Asia-Pacific Market Department to form the Asia-Africa Market Department);

- Multilateral Trade Policy Department;

- Competition and Awards Department (now merged into the Ministry's Office);

- Finance Department (now renamed as Finance and Corporate Reform Department);

- Southern Operations Bureau;

- Electricity Regulatory Bureau;

- Competition Management Bureau (now renamed as Competition and Consumer Protection Bureau and Trade Defense Bureau);

- Market Management Bureau (now renamed as General Market Management Administration);

- Trade Promotion Bureau;

- Local Industry Bureau (now renamed as Local Industry and Commerce Bureau);

- Industrial Safety and Environment Bureau;

- E-commerce and Information Technology Bureau (now renamed as E-commerce and Digital Economy Bureau);

- Chemicals Bureau;

- Human Resources Development Department (now renamed as Cadre Organization and Planning Department);

- Ministry Office.

The list above includes all project management boards directly under the Ministry of Industry and Trade and directly under the units mentioned above of the Ministry of Industry and Trade.

m) Ministry of Health:

- Cadre and Organization Department;

- Legal Affairs Department;

- Ministry Inspectorate;

- International Cooperation Department;

- Drug Administration Bureau;

- Health Insurance Department;

- Maternal and Child Health Department;

- Traditional Medicine Administration Bureau;

- Medical Equipment and Construction Department;

- Department of Planning and Finance;

- Ministry Office;

- Preventive Health Bureau;

- HIV/AIDS Prevention and Control Bureau;

- Medical Examination and Treatment Management Bureau;

- Food Safety Bureau;

- Population and Family Planning General Administration (now renamed as Population General Administration);

- Communication and Awards Department;

- Information Technology Bureau;

- Environmental Health Management Bureau;

- Science, Technology and Training Bureau.

The list above includes all project management boards directly under the Ministry of Health and directly under the units mentioned above of the Ministry of Health.

n) Ministry of Natural Resources and Environment:

- Legal Affairs Department;

- Planning Department; Finance Department (now merged into Planning and Finance Department);

- Cadre and Organization Department;

- International Cooperation Department;

- Awards, Publicity and Mobilization Department;

- Ministry Inspectorate;

- Department of Science and Technology;

- Land Management General Administration;

- Water Resources Management Bureau;

- Meteorology, Hydrology and Climate Change Bureau (now separated into Meteorology and Hydrology General Administration and Climate Change Bureau);

- National Geodetic Survey Bureau (now renamed as National Geodetic Survey, Mapping and Geographic Information Bureau);

- Ministry Office;

- Environment General Administration;

- Geological and Mineral Resources General Administration (now renamed as Geological and Mineral Resources General Administration of Vietnam);

- Technology and Information Bureau (now renamed as Information Technology and Resource Environment Data Bureau).

The list above includes all project management boards directly under the Ministry of Natural Resources and Environment and directly under the units mentioned above of the Ministry of Natural Resources and Environment.

o) Ministry of Education and Training:

- Ministry Inspectorate;

- Legal Affairs Department;

- Cadre and Organization Department;

- Early Childhood Education Department;

- Primary Education Department;

- Secondary Education Department;

- Professional Education Department (now merged into Regular Training Department under the Vocational Education General Administration of the Ministry of Labor, Invalids and Social Affairs);

- Higher Education Department;

- Ethnic Education Department;

- Continuing Education Department;

- Student and Youth Work Department (now renamed as Political Education and Student and Youth Work Department);

- National Defense Education Department (now renamed as National Defense and Security Education Department);

- Science, Technology and Environment Department;

- International Cooperation Department (now merged with Foreign Training Bureau to form International Cooperation Bureau);

- Department of Planning and Finance;

- Educational Testing and Quality Assurance Bureau (now renamed as Quality Management Bureau);

- Teacher and Educational Manager Bureau;

- Information Technology Bureau;

- School Facilities and Children's Toys Bureau (now renamed as School Facilities Bureau);

- Foreign Training Bureau (now merged with International Cooperation Department to form International Cooperation Bureau);

- Ministry Office.

The list above includes all project management boards directly under the Ministry of Education and Training and directly under the units mentioned above of the Ministry of Education and Training.

p) Ministry of Home Affairs:

- Cadre and Organization Department;

- Organization and Establishment Department;

- Salary Department;

- Civil Servant and Officer Department;

- Local Government Department;

- International Cooperation Department;

- Non-Governmental Organizations Department;

- Administrative Reform Department;

- Cadre Training and Development Department (now renamed as Cadre Training and Development Department for Civil Servants and Officers);

- Legal Affairs Department;

- General Department;

- Ministry Inspectorate;

- Ministry Office;

- State Archives and Records Bureau;

- Government Religious Affairs Board;

- Central Awards and Mobilization Board;

- Department of Planning and Finance;

- Youth Work Department.

The list above includes all project management boards directly under the Ministry of Home Affairs and directly under the units mentioned above of the Ministry of Home Affairs.

q) Ministry of Foreign Affairs:

- ASEAN Department;

- Southeast Asia-South Asia-Southern Pacific Department;

- Northeast Asia Department;

- Europe Department;

- America Department;

- West Asia-Africa Department (now renamed as Middle East-Africa Department);

- Foreign Policy Department;

- International Organizations Department;

- International Law and Treaties Department;

- Multilateral Economic Cooperation Department;

- Comprehensive Economic Department;

- Cultural Diplomacy and UNESCO Department (now renamed as Cultural Diplomacy and UNESCO Department);

- Information and Press Department;

- Department of Cadre and Civil Servant Organization;

- Ministry Inspectorate;

- Ministry Office;

- Consular Bureau;

- State Reception Bureau;

- Financial Management Bureau;

- State Committee on Overseas Vietnamese;

- Ho Chi Minh City Foreign Affairs Bureau;

- Awards and Diplomatic Tradition Department.

The list above includes all project management boards directly under the Ministry of Foreign Affairs and directly under the units mentioned above of the Ministry of Foreign Affairs.

r) Committee for Ethnic Minorities:

- Cadre and Organization Department;

- Legal Affairs Department;

- Inspection;

- Ethnic Policy Department;

- Region I Department;

- Region II Department;

- Region III Department;

- Propaganda Department;

- International Cooperation Department;

- General Department;

- Department of Planning and Finance;

- Office;

- Ethnic Minority Department.

The list above includes all project management boards directly under the Committee for Ethnic Minorities and directly under the units mentioned above of the Committee for Ethnic Minorities.

s) Ministry of Agriculture and Rural Development:

- International Cooperation Department;

- Department of Science, Technology and Environment;

- Department of Planning;

- Finance Department;

- Cadre and Organization Department;

- Legal Affairs Department;

- Ministry Inspectorate;

- Livestock Breeding Bureau;

- Crop Production Bureau;

- Processing, Forestry, Fisheries and Salt Industry Bureau (now renamed as Agricultural Product Processing and Market Development Bureau);

- Ministry Office;

- Plant Protection Bureau;

- Irrigation General Administration;

- The Forest Management Department;

- Fisheries General Administration;

- Animal Health Bureau;

- Construction Management Bureau;

- Cooperative Economic and Rural Development Bureau;

- Quality Management Bureau for Forestry, Agricultural, and Aquatic Products;

- Department of Enterprise Management.

The list above includes project management boards under the Ministry of Agriculture and Rural Development and under the units mentioned above of the Ministry of Agriculture and Rural Development.

t) Ministry of Transport:

- Legal Affairs Department;

- Cadre and Organization Department;

- Transport Department;

- Environment Department;

- International Cooperation Department;

- Traffic Safety Department;

- Infrastructure Construction Department;

- Science and Technology Department;

- Finance Department;

- Planning and Investment Department;

- Department of Enterprise Management;

- Ministry Inspectorate;

- Ministry Office;

- Bureau of Construction Management and Transportation Project Quality;

- Vietnam Vehicle Inspection Center;

- Vietnam Inland Waterways Administration;

- Vietnam Maritime Administration;

- Vietnam Railway Administration;

- Civil Aviation Administration of Vietnam;

- Vietnam Highway Administration;

- Health Department of the Ministry of Transport.

The list above includes project management boards under the Ministry of Transport and under the units mentioned above of the Ministry of Transport.

u) Ministry of National Defense:

- Economic Department;

- Rescue and Relief Department.

3.2. Other Procurement Agencies

The agencies and units listed below fall within the scope of adjustment of both the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement. Tender packages of procurement agencies listed in this clause are not open to organizations established under the laws of Mexico or individuals holding Mexican citizenship.

a) Vietnam News Agency:

- Organizational and Cadre Management Department;

- Supervisory Board;

- Editorial Board Secretariat (now the Editorial Board Secretariat and International Relations Department);

- Planning and Finance Department;

- Foreign News Editing Department;

- Domestic News Editing Department;

- Economic News Editing Department;

- World News Editing Department;

- Information and Documentation Center (now the Information and Documentation and Graphics Center);

- Computing Center;

- Training Center for News Agency Staff;

- Southern Region Branch of Vietnam News Agency;

- Central Highlands-Western Highlands Region Branch of Vietnam News Agency;

- Photo Editing Department;

- Office.

The list above includes project management boards under the Vietnam News Agency and under the units mentioned above of the Vietnam News Agency.

b) Ho Chi Minh National Academy of Politics:

- Cadre and Organization Department;

- Scientific Management Department;

- Supervision Board;

- International Cooperation Department;

- Training Management Department;

- Political School Department;

- Institute of International Relations;

- Institute of State and Law;

- Institute of Philosophy;

- Institute of Political Science;

- Institute of Culture and Development;

- Institute of Human Rights Research (now the Institute of Human Rights);

- Economics Institute;

- Political Theory Journal;

- Institute of Party History;

- Ho Chi Minh and Party Leaders Institute;

- Institute of Scientific Socialism;

- Institute of Sociology (now the Institute of Sociology and Development);

- Planning and Finance Department.

The list above includes project management boards under the Ho Chi Minh National Academy of Politics and under the units mentioned above of the Ho Chi Minh National Academy of Politics.

c) Vietnam Academy of Social Sciences:

- Social Science Publishing House;

- Institute of Indian and Southwest Asian Studies;

- Analysis and Forecasting Center;

- Vietnam Social Science Journal;

- Institute of Human Studies;

- Institute of Religious Studies;

- Institute of Northeast Asia Studies;

- Institute of American Studies;

- Vietnam Museum of Ethnology;

- Institute of African and Middle East Studies;

- Institute of Chinese Studies;

- Information Technology Application Center;

- Institute of Cultural Studies;

- Historical Institute;

- Institute of State and Law;

- Institute of Ethnic Studies;

- Southeast Asian Studies Institute;

- Institute of Philosophy;

- Institute of Sociology;

- European Studies Institute;

- Psychology Institute;

- Literature Institute;

- Vietnam Institute of Economics;

- Vietnamese Dictionary and Encyclopedia Institute;

- Institute of World Economy and Politics;

- Han-Nom Studies Institute;

- Social Sciences Academy;

- Archaeological Institute;

- Social Sciences Information Institute;

- Cadre and Civil Service Management Board;

- Planning and Finance Department;

- Science Management Board;

- International Cooperation Board;

- Office.

The list above includes project management boards under the Vietnam Academy of Social Sciences and under the units mentioned above of the Vietnam Academy of Social Sciences.

d) Vietnam Academy of Science and Technology:

- Institute of Mathematics;

- Natural Science and Technology Publishing House;

- Institute of Applied Physics and Scientific Equipment;

- Institute of Mechanics and Applied Informatics;

- Chemical Technology Institute;

- Applied Materials Science Institute;

- Tropical Biology Institute;

- Energy Science Institute;

- Office;

- Information Technology Institute;

- Mechanics Institute;

- Geophysics Institute;

- Ecology and Biological Resources Institute;

- Marine Resources and Environment Institute;

- Northwest Tropical Biology Institute;

- Oceanography Institute;

- Nha Trang Institute of Science and Technology Research and Application;

- Physics Institute;

- Marine Geology and Geophysics Institute;

- Environmental Technology Institute;

- Materials Science Institute;

- Chemistry Institute;

- Natural Product Chemistry Institute;

- Biotechnology Institute;

- Geography Institute;

- Geology Institute;

- Tropical Engineering Institute;

- Space Technology Institute;

- Computing and Calculation Center;

- Marine Biochemistry Institute.

The list above includes project management boards under the Vietnam Academy of Science and Technology and under the units mentioned above of the Vietnam Academy of Science and Technology.

đ) Central hospitals:

- Bach Mai Hospital;

- Cho Ray Hospital;

- Hue Central General Hospital;

- Thai Nguyen Central General Hospital;

- Can Tho Central General Hospital;

- Quang Nam Central General Hospital;

- Vietnam-Sweden Uong Bi Hospital;

- Vietnam-Cuba Dong Hoi Friendship Hospital;

- Vietnam-Germany Friendship Hospital;

- Hospital E;

- Vietnam-Friendly Hospital;

- Thong Nhat Hospital;

- Da Nang C Hospital;

- Hospital K;

- National Children's Hospital;

- National Obstetrics and Gynecology Hospital;

- National Eye Hospital;

- National Otorhinolaryngology Hospital;

- National Endocrine Hospital;

- National Dental and Maxillofacial Hospital in Hanoi;

- National Dental and Maxillofacial Hospital in Ho Chi Minh City;

- Central Hospital 71;

- Central Hospital 74;

- National Pulmonary Hospital;

- National Mental Hospital 1;

- National Mental Hospital 2;

- National Leprosy and Skin Hospital Quy Hoa;

- National Leprosy and Skin Hospital Quynh Lap;

- National Rehabilitation Hospital;

- National Tropical Diseases Hospital;

- National Dermatology Hospital;

- National Geriatric Hospital;

- National Traditional Medicine Hospital;

- National Acupuncture Hospital.

The list above includes project management boards under the hospitals mentioned above.

4. List of Consulting Services and Non-Consulting Services

a) The services listed below fall within the scope of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement (in the case of intra-bloc tendering as provided for in Article 4 of this Decree, bidders from all Member States may participate in the tender):

 

b) The services listed below fall within the scope of the CPTPP Agreement (in the case of intra-bloc tendering as provided for in Article 4 of this Decree, the purchasing authority decides to allow bidders from all Member States to participate in the tender or only allows bidders from CPTPP Member States to participate in the tender):

c) The services listed below fall within the scope of the EVFTA Agreement and the UKVFTA Agreement (in the case of intra-bloc tendering as provided for in Article 4 of this Decree, the purchasing authority decides to allow bidders from all Member States to participate in the tender or only allows bidders from EU Member States, the United Kingdom, and Northern Ireland to participate in the tender):

5. Construction Services List

The CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement apply to all construction services listed under Section 51 of the United Nations Temporary Central Product Classification (CPC) system available at:

https://www.wto.org/english/tratop_e/serv_e/cpc_provisional_complete_e.pdf

6. Goods List

The CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement apply to all goods, except for the following goods:

 

When preparing tender plans, the purchasing authority is responsible for converting the HS2012 code to the corresponding HS code according to current regulations.

7. For the Ministry of Defense

Tender selection organizations shall comply with this Decree's provisions for tenders listed in Appendix 15 of the CPTPP Agreement, Chapter 9 of the EVFTA Agreement, and the UKVFTA Agreement.

8. Tenders not falling within the scope of the CPTPP Agreement, the EVFTA Agreement, and the UKVFTA Agreement:

a) Tenders for consultancy services and non-consultancy services attached to the management and operation of government works and private works used for public purposes;

b) Tenders for the construction of main offices of agencies as stipulated in Clause 3.1 of this Appendix;

c) Tenders aimed at developing, protecting, and conserving artistic, historical, archaeological, or cultural heritage values;

d) Tenders for national reserve goods procurement and accompanying services as prescribed by the National Reserve Law;

đ) Tenders aimed at enhancing the health, welfare, economic development, and social progress of ethnic minorities;

e) Tenders related to national commemorative events and religious purposes;

g) The selection of service providers for transportation services when such transportation services are part of a tender;

h) Tenders by a purchasing agency from another state-owned agency;

i) Tenders organized by a purchasing agency on behalf of another agency not covered by this Decree;

k) Tenders for goods procurement and service provision related to the Vietnam Veterans' Cemetery managed by the Ministry of Labor, Invalids, and Social Affairs;

l) Tenders for investment management, investment advisory, securities custody, and securities holding services to manage and invest the assets of the Vietnam Social Insurance Fund.

m) Package of services for restoration of the National Academy of Political Science Ho Chi Minh;

n) Package related to news production and documentary film production of Vietnam News Agency;

o) Package using non-repayable aid and grants from organizations or individuals not listed in the procurement agencies under Clause 3 of Appendix I, Clause 3 of Appendix II, and Clause 3 of Appendix III attached to this Decree.

9. The service construction package of the Ministry of Transport within the scope of adjustment of this Decree shall not be open to Member States of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

 

 

 

 

 

Seal Registration Certificate

BID PACKAGE BELONGS TO THE SCOPE OF ADJUSTMENT OF THE CPTPP AGREEMENT

Article AMENDMENT OF THE CPTPP AGREEMENT

(Attached to Decision No. 09/2022/ND-CP)

dated January 12, 2022 of the Government)

^___________

 

1. A bid package that only falls within the scope of adjustment of the CPTPP Agreement is a package that meets all of the following conditions:

a) The tender package value is at or above the threshold value specified in Clause 2 of this Appendix;

b) It belongs to a project or budget of the purchasing entity listed in Clause 3 of this Appendix;

c) Consulting service packages, non-consulting service packages, construction service packages, and goods procurement mentioned in Clauses 4, 5, and 6 of this Appendix;

d) Not falling under the exclusion cases mentioned in Clause 7 of this Appendix.

2. Tender Package Threshold Value

2.1. The threshold value for consulting service tender packages, non-consulting service tender packages, and goods procurement tender packages of central purchasing entities listed in Clause 3.1 of this Appendix is as follows:

a) From January 14, 2019 to January 13, 2024: 2,000,000 Special Drawing Rights (SDR);

b) From January 14, 2024 to January 13, 2029: 1,500,000 SDR;

c) From January 14, 2029 to January 13, 2034: 1,000,000 SDR;

d) From January 14, 2034 to January 13, 2039: 260,000 SDR;

đ) From January 14, 2039 to January 13, 2044: 190,000 SDR;

e) From January 14, 2044 onwards: 130,000 SDR.

2.2. The threshold price for construction service bid packages of central-level procurement agencies listed in Clause 3.1 of this Appendix is specified as follows:

a) From January 14, 2019 to January 13, 2024: 65,200,000 SDR;

b) From January 14, 2024 to January 13, 2029: 32,600,000 SDR;

c) From January 14, 2029 to January 13, 2034: 16,300,000 SDR;

d) From January 14, 2034 onwards: 8,500,000 SDR.

2.3. The threshold value for consulting service tender packages, non-consulting service tender packages, and goods procurement tender packages of other purchasing entities listed in Clause 3.2 of this Appendix is as follows:

a) From January 14, 2019 to January 13, 2024: 3,000,000 SDR;

b) From January 14, 2024 onwards: 2,000,000 SDR.

2.4. The threshold value for construction service tender packages of other purchasing entities listed in Clause 3.2 of this Appendix is as follows:

a) From January 14, 2019 to January 13, 2024: 65,200,000 SDR;

b) From January 14, 2024 to January 13, 2029: 55,000,000 SDR;

c) From January 14, 2029 to January 13, 2034: 40,000,000 SDR;

d) From January 14, 2034 to January 13, 2039: 25,000,000 SDR;

đ) From January 14, 2039 onwards: 15,000,000 SDR.

3. List of procurement agencies within the scope of adjustment of the CPTPP Agreement

3.1. Central Purchasing Entities

The agencies and units listed below only fall within the scope of adjustment of the CPTPP Agreement. This Decree applies only to bid packages of the agencies and units listed below directly subordinate to ministries and ministerial-level agencies listed in this Appendix and administrative units at the central level of those agencies and units.

a) Ministry of Science and Technology:

Office of national key programs, including project management boards directly subordinate;

b) The Ministry of Finance:

- State Treasury;

- General Department of Customs;

- General Department of Taxation;

- Department of Information Technology and Financial Statistics.

The list above includes project management boards directly subordinate to the units mentioned above of the Ministry of Finance;

c) Ministry of Information and Communications:

- Department of External Information;

- Central Post Office;

- Department of Cybersecurity.

The list above includes project management boards directly subordinate to the units mentioned above of the Ministry of Information and Communications;

d) Ministry of Natural Resources and Environment:

- National Space Center;

- General Department of Sea Islands.

The list above includes project management boards directly subordinate to the units mentioned above of the Ministry of Natural Resources and Environment;

đ) Ministry of Foreign Affairs:

Department of Foreign Affairs, including project management boards directly subordinate;

e) Ministry of Public Security:

- Police General Corps (now the Environmental Police Department; Traffic Police Department);

- Fire Prevention and Fighting Department;

- Health Department - Logistics and Technical General Corps (now the Health Department).

3.2. Other Procurement Agencies

The agencies and units listed below only fall within the scope of adjustment of the CPTPP Agreement. Bid packages of procurement agencies listed in this clause shall not be open to entities established under Mexican law or individuals holding Mexican nationality:

Institute for Sustainable Development of the Central Highlands (now the Institute of Social Sciences of the Central Highlands) under the Vietnam Academy of Social Sciences, including project management boards directly subordinate.

4. List of consulting services, non-consulting services

In addition to the consulting services and non-consulting services listed in Point a, Clause 4 of Appendix I attached to this Decree, the CPTPP Agreement also applies to the services listed below:

 

5. Construction Services List

The CPTPP Agreement applies to all construction services listed in Section 51 of the United Nations Central Product Classification (CPC) system available at:

https://www.wto.org/english/tratop_e/serv_e/cpc_provisional_complete_e.pdf

6. Goods List

a) For procurement agencies listed in Clause 3.1 and Clause 3.2 of this Appendix, except for the Ministry of Public Security, this Decree applies to all goods, except for the goods listed in Clause 6 of Appendix I attached to this Decree;

b) For the Ministry of Public Security, the organization selecting contractors according to the provisions of this Decree shall apply to the bid packages in the list attached to Chapter 15 of the CPTPP Agreement.

7. Bid packages not within the scope of adjustment of the CPTPP Agreement

a) Bid packages listed in Clause 8 of Appendix I attached to this Decree;

b) Bid package providing dredging services;

c) Construction service bid packages in particularly difficult areas, mountainous regions, remote areas, and islands outside the territorial waters of Vietnam;

d) Bid packages reserved for small and medium-sized enterprises.

 

 

 

 

 

ANNEX III

BID PACKAGE BELONGS TO THE SCOPE OF ADJUSTMENT OF THE EVFTA AND UKVFTA AGREEMENTS

(Attached to Decree No. 09/2022/NĐ-CP

dated January 12, 2022 of the Government)

^___________

 

1. A bid package within the scope of adjustment of the EVFTA and UKVFTA Agreements is a package that meets all of the following conditions:

a) The tender package value is at or above the threshold value specified in Clause 2 of this Appendix;

b) It belongs to a project or budget of the purchasing entity listed in Clause 3 of this Appendix;

c) Consulting service packages, non-consulting service packages, construction service packages, and goods procurement mentioned in Clauses 4, 5, and 6 of this Appendix;

d) Not falling under the exclusion cases mentioned in Clause 9 of this Appendix.

2. Tender Package Threshold Value

2.1. The threshold price for consulting service, non-consulting service, and goods procurement bid packages of local-level procurement agencies listed in Clause 3.1 of this Appendix is specified as follows:

a) From August 1, 2020 to July 31, 2025: 3,000,000 SDR;

b) From August 1, 2025 to July 31, 2030: 2,000,000 SDR;

c) From August 1, 2030 to July 31, 2035: 1,500,000 SDR;

d) From August 1, 2035 onwards: 1,000,000 SDR.

2.2. The threshold value for construction service tender packages of local procurement agencies listed in Clause 3.1 of the Appendix attached hereto shall be defined as follows:

a) From August 1, 2020 to July 31, 2025: 40,000,000 SDR;

b) From August 1, 2025 to July 31, 2030: 25,000,000 SDR;

c) From August 1, 2030 to July 31, 2035: 20,000,000 SDR;

d) From August 1, 2035 onwards: 15,000,000 SDR.

2.3. The threshold value for consulting service tender packages, non-consulting service tender packages, and goods procurement tender packages of other purchasing entities listed in Clause 3.2 of this Appendix is as follows:

a) From August 1, 2020 to July 31, 2025: 3,000,000 SDR;

b) From August 1, 2025 to July 31, 2030: 2,000,000 SDR;

c) From August 1, 2030 to July 31, 2035: 1,500,000 SDR;

d) From August 1, 2035 onwards: 1,000,000 SDR.

2.4. The threshold value for construction service tender packages of other purchasing entities listed in Clause 3.2 of this Appendix is as follows:

a) From August 1, 2020 to July 31, 2025: 40,000,000 SDR;

b) From August 1, 2025 to July 31, 2030: 25,000,000 SDR;

c) From August 1, 2030 to July 31, 2035: 20,000,000 SDR;

d) From August 1, 2035 onwards: 15,000,000 SDR.

3. List of procurement agencies within the scope of application of the EU-Vietnam Free Trade Agreement (EVFTA) and the UK-Vietnam Free Trade Agreement (UKVFTA)

3.1. Local procurement agencies

The agencies and units listed below fall within the scope of application of the EVFTA and the UKVFTA. This Decree applies only to tender packages of administrative units directly under the local procurement agencies listed in the Appendix attached hereto and administrative units directly under those units.

a) Hanoi City:

- Office of the People's Committee of Hanoi City;

- Department of Information and Communications;

- Department of Home Affairs;

- Department of Agriculture and Rural Development;

- Department of Industry and Trade;

- Department of Planning and Investment;

- Department of Finance;

- Department of Construction;

- Department of Transport;

- Department of Science and Technology;

- Department of Labor, Invalids and Social Affairs;

- Departments of Education and Training;

- Department of Health;

- Department of Culture, Sports and Tourism (now Department of Culture and Sports; Department of Tourism);

- Department of Justice;

- Department of Foreign Affairs;

- Department of Natural Resources and Environment;

- Department of Urban Planning and Architecture.

The list above includes project management boards directly under Hanoi City and those directly under the units mentioned above of Hanoi City.

b) Ho Chi Minh City:

- Office of the People's Committee of Hanoi City;

- Department of Information and Communications;

- Department of Home Affairs;

- Department of Agriculture and Rural Development;

- Department of Industry and Trade;

- Department of Planning and Investment;

- Department of Finance;

- Department of Construction;

- Department of Transport;

- Department of Science and Technology;

- Department of Labor, Invalids and Social Affairs;

- Departments of Education and Training;

- Department of Health;

- Department of Culture, Sports and Tourism;

- Department of Justice;

- Department of Natural Resources and Environment;

- Department of Urban Planning and Architecture.

The list above includes project management boards directly under Ho Chi Minh City and those directly under the units mentioned above of Ho Chi Minh City.

3.2. Other Procurement Agencies

The agencies and units listed below fall within the scope of application of the EVFTA and the UKVFTA. This Decree does not apply to tender packages of agencies and units with independent legal personality that are not listed herein.

a) Vietnam News Agency:

- Editorial Production Board for Press Photography;

- Center for Communication Development;

- International Cooperation Center;

- Television Center;

- Technical Center.

The list above includes project management boards directly under the units mentioned above of Vietnam News Agency;

b) Ho Chi Minh National Academy of Politics:

Academy Office (including project management boards directly under);

c) Vietnam Academy of Social Sciences:

- Institute of Family and Gender Studies;

- Institute of Linguistics;

- Research Center for Imperial City;

- Reward and Commendation Board;

- Institute of Human Geography;

- Research Center for Sustainable Development Policy;

- Research and Advisory Center on Development.

The list above includes project management boards directly under the units mentioned above of the Vietnam Academy of Social Sciences;

d) Vietnam Academy of Science and Technology:

- Cadre and Civil Service Management Board;

- Planning and Finance Department;

- International Cooperation Board;

- Supervisory Board;

- Board for Application and Implementation of Technology.

The list above includes project management boards directly under the units mentioned above of the Vietnam Academy of Science and Technology;

d) Vietnam Electricity Corporation:

- Northern Power Corporation;

- Central Power Corporation;

- Southern Power Corporation;

- Hanoi Power Corporation;

- Ho Chi Minh City Power Corporation;

- National Transmission Corporation.

The list above includes project management boards directly under the units mentioned above of Vietnam Electricity Corporation;

e) Vietnam Railway Corporation:

- Vietnam Railway Corporation, including: Vietnam Railway Office; Internal Audit Board; Security - Defense - National Defense Board; Board for Preparation of Railway Projects; Transportation and Locomotive Carriage Board; Planning and Business Board; International Cooperation and Science and Technology Board; Investment and Construction Management Board; Financial Accounting Board; Organization and Personnel - Labor Board; Infrastructure Management Board; Vietnam Railway Corporation Representative Office in Da Nang;

- Hanoi Passenger Railway Transport Company;

- Saigon Passenger Railway Transport Company;

- Ha Hai Limited Liability Company for Railway Management;

- Ha Thai Limited Liability Company for Railway Management;

- Yen Lao Limited Liability Company for Railway Management;

- Ha Lang Limited Liability Company for Railway Management.

The list above includes project management boards directly under Vietnam Railway Corporation and those directly under the units mentioned above of Vietnam Railway Corporation;

g) Hanoi National University, including project management boards directly under;

h) Ho Chi Minh City National University, including project management boards directly under.

4. List of Consulting Services and Non-Consulting Services

In addition to consultancy services and non-consultancy services listed at Point a, Clause 4, Appendix I attached to this Decree, the EVFTA and the UKVFTA also apply to the following services:

 

5. Construction Services List

The EVFTA and the UKVFTA apply to all construction services listed in Section 51 of the United Nations Temporary Central Product Classification System (CPC) available at:

https://www.wto.org/english/tratop_e/serv_e/cpc_provisional_complete_e.pdf

6. Goods List

The EVFTA and the UKVFTA apply to all goods, except for goods listed in Clause 6, Appendix I attached to this Decree and the following goods:

 

7. For Vietnam Electricity Corporation, this Decree applies only to tender packages of consultancy services, non-consultancy services, construction services, and procurement of goods as stipulated in Article 1 and Article 3 of the Bidding Law No. 43/2013/QH13 dated November 26, 2013, or any corresponding provisions in subsequent laws related to electricity transmission and distribution activities.

8. For Vietnam Railway Corporation, this Decree applies only to tender packages of consultancy services, non-consultancy services, construction services, and procurement of goods as stipulated in Article 1 and Article 3 of the Bidding Law No. 43/2013/QH13 dated November 26, 2013, or any corresponding provisions in subsequent laws related to railway construction and operation activities.

9. Tender packages not within the scope of application of the EVFTA and the UKVFTA

a) Bid packages listed in Clause 8 of Appendix I attached to this Decree;

b) Tender packages for the procurement of goods for breeding and planting purposes of the Ministry of Agriculture and Rural Development;

c) Tender packages for land clearance and preparation, and maintenance and repair services of infrastructure of local procurement agencies listed in Clause 3 of the Appendix attached hereto.

d) Tender package for procurement of goods and provision of services related to烈士陵园 of the Department of Labor - Invalids and Social Affairs of Hanoi City; Department of Labor - Invalids and Social Affairs of Ho Chi Minh City;

đ) Tender package of Vietnam Electricity Group related to transmission and distribution of electricity when a competitive electricity market is formed;

e) Tender package of Vietnam Electricity Group for purposes other than transmission and distribution of electricity; tender package for the purpose of reselling or leasing to a third party, provided that the procuring entity does not enjoy special benefits or monopoly rights to sell or lease such contracts and other entities are free to sell or lease under similar conditions as the procuring entity;

g) Tender package of Vietnam Railway Corporation related to construction and operation of railways when a competitive market is formed;

h) Tender package of Vietnam Railway Corporation for purposes other than construction and operation of railways; tender package for the purpose of reselling or leasing to a third party, provided that the procuring entity does not enjoy special benefits or monopoly rights to sell or lease such contracts and other entities are free to sell or lease under similar conditions as the procuring entity;

i) For tender packages with a tender value of up to 260,000 SDR, except for construction service tender packages, the procuring entity may grant preferential treatment to small and medium-sized enterprises with no more than 500 full-time regular employees;

k) Construction service tender packages in particularly difficult areas, mountainous regions, remote areas, and islands as defined by Vietnam;

l) Tender package for government data storage or server hosting services and related services;

m) Tender package for procurement of goods or services classified as national security, including state secrets;

n) Tender package necessary to protect personal information collected under confidentiality conditions or business secrets.