Circular No. 19/2015/TT-BKHĐT detailing the preparation of evaluation reports during the process of selecting contractors

CIRCULAR

Detailed regulations on the preparation of evaluation reports during the process of organizing the selection of contractors

organization selecting the bidder under the Bidding Lawu

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Pursuant to the Bidding LawNo. No. 43/2013/QH13 dated November 26, 2013;

Pursuant to the Government Decree No. 63/2014/NĐ-CP dated June 26, 2014 detailing certain provisions of the Bidding Law relating to the selection of contractors;onon selecting the bidderon selection of the bidder;

Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Minister of Planning and Investment issues this Circular detailing the preparation of evaluation reports during the process of organizing the selection of contractorsầquarantine upon import.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular details the preparation of evaluation reports for tender invitation documents, prequalification documents, tender documents, request for proposal documents, results of interest evaluation, results of prequalification evaluation, technical proposal evaluation results, and contractor selection results for bidding packages within the scope regulated by the Bidding Law No. 43/2013/QH13.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to organizations and individuals participating in or related to the activities of selecting contractors as stipulated in Clause 1 of Article 1 herein.

Article 2. Application of Evaluation Report Templates

1. For bidding packages within the regular procurement budget, the approval of tender invitation documents, prequalification documents, tender documents, request for proposal documents, results of interest evaluation, results of prequalification evaluation, technical proposal evaluation results, and contractor selection results shall be the responsibility of units established or selected by the tenderer.

2. In cases where an evaluation report for tender invitation documents and prequalification documents is prepared, Template No. 01 issued together with this Circular shall be applied.

3. In cases where an evaluation report for tender documents is prepared, Template No. 02 issued together with this Circular shall be applied.

4. In cases where an evaluation report for request for proposal documents is prepared, Template No. 03 issued together with this Circular shall be applied.

5. In cases where an evaluation report for results of interest evaluation and prequalification evaluation is prepared, Template No. 04 issued together with this Circular shall be applied.

6. In cases where an evaluation report for contractor selection results for bidding packages applying the one-stage one-envelope method is prepared, Template No. 05 issued together with this Circular shall be applied.

7. In cases where an evaluation report for technical proposal evaluation results and contractor selection results for bidding packages applying the two-stage two-envelope method is prepared, Template No. 06 issued together with this Circular shall be applied.

8. For bidding packages under projects using official development assistance funds, preferential loans arising from international treaties, and agreements between Vietnam and sponsors, if the sponsor agrees, the templates of evaluation reports issued together with this Circular may be used; if necessary, the contents of these templates can be modified to comply with bidding regulations in those international treaties and agreements.

9. For bidding packages applying online contractor selection methods, the contents stipulated in this Circular shall be applied appropriately.

10. For bidding packages applying the two-stage method and mixed methods, in cases where an evaluation report for first stage tender document evaluation results, technical proposal evaluation results, and contractor selection results is prepared, the templates issued together with this Circular may be adapted and modified appropriately.

11. If modifications and supplements are made to the contents of the templates issued together with this Circular, the organizations and individuals conducting the evaluations must ensure that such modifications are more appropriate, scientific, and rigorous than the guidance provided in the templates issued together with this Circular and do not contravene bidding laws.

12. For simplified competitive bidding and simplified direct contracting, it is not mandatory to conduct an evaluation of the Request for Quotation and Draft Contract.

Article 3. Time for Review

The maximum time for review is twenty days from the date the review organization receives all complete files submitted to the date of issuance of the review report. For the review of the selection results of contractors, in cases where the tender package applies a two-envelope method in a single-stage process, the review period shall be the total time for reviewing the technical proposal evaluation results and the contractor selection results.

Article 4. Requirements for Members of the Review Team

1. Members of the review team must meet the following conditions:

a) Hold a bidding training certificate and a certificate for practicing bidding activities in accordance with the laws on bidding;

b) Have expertise related to the tender package;

c) Have at least three years of work experience in fields related to the assigned tasks; in cases where the tender package is implemented in remote, mountainous, or particularly difficult areas, only one year of work experience is required;

d) Possess language proficiency meeting the requirements for international bidding tender packages;

đ) Not be in a period during which they are prohibited from participating in bidding activities according to the law;

e) Provide a commitment in the Appendix issued together with this Circular.

2. Individuals may not participate in reviewing the invitation to show interest documents, prequalification invitation documents, tender invitation documents, and request documents for a tender package if such individuals or their parents, parents-in-law, spouses, children, adopted children, daughters-in-law, sons-in-law, or full siblings have participated in preparing the invitation to show interest documents, prequalification invitation documents, tender invitation documents, and request documents.

3. Individuals may not participate in reviewing the evaluation results of the invitation to show interest documents, prequalification evaluation results, technical proposal evaluation results, and contractor selection results for a tender package if such individuals or their parents, parents-in-law, spouses, children, adopted children, daughters-in-law, sons-in-law, or full siblings have participated in evaluating the invitation to show interest documents, prequalification documents, tender documents, and technical proposal documents.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. This Circular takes effect from January 15, 2016. This Circular replaces Circular No. 21/2010/TT-BKH dated October 28, 2010 of the Ministry of Planning and Investment detailing the review of tender invitation documents and request documents, and Circular No. 08/2010/TT-BKH dated April 21, 2010 of the Ministry of Planning and Investment detailing the preparation of reports on the review of tendering results.

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. In the course of implementation, if there are any difficulties, the relevant ministries, ministerial-level agencies, government agencies, other central agencies, People's Committees at all levels, and organizations and individuals are requested to send their opinions to the Ministry of Planning and Investment for timely guidance./.