Law on Bidding number 43/2013/QH13

LAW

PUBLIC PROCUREMENT

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Public Procurement Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates state management of public procurement; responsibilities of related parties and public procurement activities, including:

1. Selecting contractors to provide consulting services, non-consulting services, goods, and construction works for:

a) Development projects using state capital of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units under the people's armed forces, and public service units;

b) Development projects of state-owned enterprises;

c) Development projects not covered by points a and b of this clause that use state capital, state-owned enterprise capital at 30% or more, or less than 30% but over 5 trillion VND in total project investment;

d) Purchasing using state capital to maintain the regular operation of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, social organizations, units under the people's armed forces, and public service units;

đ) Purchasing using state capital to provide products and public services;

e) Purchasing national strategic reserves using state capital;

g) Purchasing medicines and medical supplies using state capital; health insurance funds, revenue from medical examination and treatment services, and other lawful revenues of public healthcare facilities;

2. Selecting contractors to provide consulting services, non-consulting services, and goods within the territory of Vietnam for direct foreign investment projects of Vietnamese enterprises that use state capital at 30% or more, or less than 30% but over 5 trillion VND in total project investment;

3. Selecting investors to implement projects under the public-private partnership (PPP) model or projects involving land use;

4. Selecting contractors in the oil and gas sector, except for selecting contractors providing oil and gas services directly related to exploration, development, and extraction activities according to laws on oil and gas.

Article 2. Applicability

1. Organizations and individuals participating in or related to public procurement activities as specified in Article 1 of this Law.

2. Organizations and individuals conducting public procurement activities outside the scope of regulation of this Law may choose to apply the provisions of this Law. If they choose to apply, they must comply with relevant provisions of this Law, ensuring fairness, transparency, and economic efficiency.

Article 3. Application of the Public Procurement Law, international treaties, and international agreements

1. Public procurement activities within the scope of regulation of this Law must comply with the provisions of this Law and other relevant laws.

2. In cases where public procurement is conducted to ensure continuity in production and business operations and to maintain regular operations of state-owned enterprises; implementing tender packages in PPP projects or projects involving land use by selected investors, enterprises must issue regulations on contractor selection to be uniformly applied within the enterprise based on ensuring objectives of fairness, transparency, and economic efficiency.

3. For the selection of contractors and investors in projects using official development assistance (ODA) capital or preferential loans arising from international treaties and agreements between Vietnam and sponsors, the provisions of those international treaties and agreements shall apply.

4. Where an international treaty to which the Socialist Republic of Vietnam is a party provides different provisions on contractor and investor selection compared to this Law, the provisions of that international treaty shall apply.

Article 4. Definitions

In this Law, the following terms shall be understood as follows:

1. Tender Guarantee is the act of contractors or investors implementing one of the measures of depositing a bond, securing a guarantee, or submitting a letter of credit issued by a financial institution or a foreign bank branch established under Vietnamese law to ensure the bidding responsibility of contractors or investors during the period determined by the tender documents or request for proposal.

2. Contract Performance Guarantee is the act of contractors or investors implementing one of the measures of depositing a bond, securing a guarantee, or submitting a letter of credit issued by a financial institution or a foreign bank branch established under Vietnamese law to ensure the contract performance responsibility of contractors or investors.

3. INVITING PARTY is an agency or organization with expertise and capacity to conduct public procurement activities, including:

a) Project owner or an organization established or selected by the project owner;

b) Direct budgetary unit using regular purchasing funds;

c) Centralized purchasing unit;

d) State agency with authority or an affiliated organization selected by such state agency.

4. Project sponsors is an organization owning capital or an organization entrusted to represent the capital owner or directly manage the implementation process of the project.

5. Digital certificate is an electronic certificate provided by a digital signature service provider to conduct online public procurement on the national public procurement network system.

6. Competent State Agency is the agency contracting with the investor.

7. Shortlist is a list of contractors or investors who pass the prequalification stage in open tenders with prequalification; a list of contractors invited to bid in restricted tenders; a list of contractors whose interest proposals meet the requirements of the request for interest.

8. Consulting Services includes one or several activities such as: planning, designing general development schemes, architectural designs; surveying, preparing feasibility studies, environmental impact assessments; surveying, designing, estimating; preparing requests for interest, prequalification, tender, and request for proposal; evaluating interest proposals, prequalification applications, tender submissions, and proposal submissions; auditing, supervising, managing projects, arranging finance, auditing, training, technology transfer, and other consulting services.

9. Non-Consulting Services includes one or several activities such as: logistics, insurance, advertising, installation not covered by Clause 45 of this Article, trial acceptance, organizing training, maintenance, repair, mapping, and other activities not being consulting services as defined in Clause 8 of this Article.

10. Project Enterprise is a business established by investors to implement a project according to the public-private partnership model or a project that uses land.

11. Investment development project (hereinafter referred to collectively as the project) includes: new investment construction programs and projects; renovation, upgrading, and expansion projects of existing investments; procurement projects for assets, including equipment and machinery that does not require installation; repair and upgrade projects for assets and equipment; planning projects and research topics; scientific research, technology development, technology application, technical assistance, and basic investigation projects; other investment development programs and projects.

12. BIDDING is the process of selecting contractors to sign and implement contracts for consulting services, non-consulting services, goods procurement, and construction; selecting investors to sign and implement investment project contracts under the public-private partnership model or projects using land based on ensuring competition, fairness, transparency, and economic efficiency.

13. Online Bidding is tendering conducted through the use of the national electronic bidding system.

14. INTERNATIONAL BIDDING is tendering where domestic and foreign contractors and investors are eligible to participate.

15. DOMESTIC BIDDING is tendering where only domestic contractors and investors are eligible to participate.

16. Tender Package Value is the approved value of the tender package in the plan for selecting contractors.

17. Bid Price is the price stated by the contractor in the bid proposal or quotation, including all costs required to fulfill the tender package as specified in the tender invitation or request for proposal.

18. Evaluation Price is the bid price after corrections and adjustments according to the requirements of the tender invitation or request for proposal, minus any discount value (if applicable), plus factors to standardize the cost over the entire lifecycle of the goods or works. The evaluation price is used to rank bid proposals for procurement packages and mixed packages applying open tendering or selective tendering.

19. Proposed Winning Bid Price is the bid price of the proposed winning contractor after corrections and adjustments according to the requirements of the tender invitation or request for proposal, minus any discount value (if applicable).

20. Winning Bid Price is the price recorded in the decision approving the selection results of the contractor.

21. Contract price is the value recorded in the contract document serving as the basis for advance payment, payment, termination, and final settlement of the contract.

22. Tender Package is a part or the entirety of a project or procurement budget; a tender package may include similar procurement contents from multiple projects or a single procurement volume for a period, for regular procurement or centralized procurement.

23. Mixed Tender Package is a tender package including design and supply of goods (EP); design and construction (EC); supply of goods and construction (PC); design, supply of goods, and construction (EPC); project preparation, design, supply of goods, and construction (turnkey).

24. Small-scale Tender Package is a tender package with a value within the limit set by the Government.

25. Goods includes machinery, equipment, raw materials, fuel, materials, supplies, spare parts; consumables; medicines, medical supplies for healthcare facilities.

26. The National E-Government Procurement System is the information technology system managed by the state agency responsible for tendering activities and management, aimed at unifying information management and conducting tendering online.

27. Expression of Interest Documents, Prequalification Documents is the complete set of documents containing requirements regarding the capacity and experience of contractors and investors, serving as the basis for the tenderer to select prequalified contractor and investor lists, and lists of interested contractors whose proposals meet the requirements of the expression of interest documents.

28. Expression of Interest Proposals, Prequalification Proposals is the complete set of documents prepared and submitted by contractors and investors to the tenderer according to the requirements of the expression of interest documents or prequalification documents.

29. INVITATION FOR BID DOCUMENTS is the complete set of documents used for open tendering and selective tendering, including requirements for a project or tender package, serving as the basis for contractors and investors to prepare bid proposals and for the tenderer to organize the evaluation of bid proposals to select contractors and investors.

30. Request for Proposal is the complete set of documents used for direct award, competitive bidding, and sole-source procurement, including requirements for a project or tender package, serving as the basis for contractors and investors to prepare proposal submissions and for the tenderer to organize the evaluation of proposals to select contractors and investors.

31. Bid Proposals, Proposal Submissions is the complete set of documents prepared and submitted by contractors and investors to the tenderer according to the requirements of the tender invitation or request for proposal.

32. Contract is the agreement between the project sponsor and the selected contractor in implementing the tender package within the project; between the tenderer and the selected contractor in regular procurement; between the centralized procurement unit or between the procurement unit and the selected contractor in centralized procurement; between the competent state authority and the selected investor or between the competent state authority and the selected investor and the project company in selecting investors.

33. (Attached with Report No. ... /BC- ... dated ... month ... year ... of ...). is the action of a contractor or investor participating in the tender requesting a review of the selection results of contractors or investors and related issues during the selection process when their rights and interests are affected.

34. AUTHORIZED PERSON is the person authorized to approve the project or procurement according to the law. In the case of selecting investors, the person with authority is the head of the competent state authority according to the law.

35. The main contractor is the contractor responsible for participating in the tender, submitting the bid proposal, and directly signing and implementing the contract if selected. The main contractor can be an independent contractor or a member of a consortium.

36. Subcontractor is a subcontractor participating in the implementation of the tender package under the contract signed with the main contractor. A special subcontractor is a subcontractor performing important work in the tender package proposed by the main contractor in the bid proposal or proposal submission based on the requirements in the tender invitation or request for proposal.

37. FOREIGN CONTRACTOR is an organization established under foreign law or a foreign citizen participating in the tender in Vietnam.

38. DOMESTIC CONTRACTOR is an organization established under Vietnamese law or a Vietnamese citizen participating in the tender.

39. Public Products, Services is essential products and services for the economic and social life of the country, community, or to ensure national defense and security, which the State must organize to implement in fields such as healthcare, education and training, culture, information, communication, science and technology, natural resources and environment, transportation and other fields as prescribed by the Government. Public products and services include public utility products and services and public service activities.

40. Evaluation during the selection of contractors or investors is the examination and assessment of the plan for selecting contractors or investors, the notice of interest invitation, the prequalification notice, the tender notice, the request for proposal, and the results of the notice of interest, prequalification, contractor selection, and investor selection to serve as the basis for reviewing and deciding on approval in accordance with this Law.

41. Tender closing time is the deadline for receiving notices of interest, prequalification submissions, tender submissions, and proposal submissions.

42. Validity period of tender submissions and proposals is the number of days specified in the tender notice or request for proposal, calculated from the tender closing time to the last day of validity as stipulated in the tender notice or request for proposal. The period from the tender closing time to 24 hours of the closing day is counted as one day.

43. Expert team consists of individuals with competence and experience established by the tenderer or bidding consultant to evaluate notices of interest, prequalification submissions, tender submissions, and proposal submissions, and to perform other tasks during the contractor and investor selection process.

44. STATE CAPITAL includes state budget capital; national bonds, government bonds, local government bonds; official development assistance capital, preferential loans from sponsors; capital from the fund for developing public service activities; state credit investment development capital; credit guaranteed by the Government; loans secured by state assets; domestic enterprise investment development capital; value of land use rights.

45. Construction and Installation includes works within the construction and installation process of projects and project components.

Article 5. Legitimacy of Contractors and Investors

1. A contractor or investor organization has legitimacy when it meets the following conditions:

a) It has been registered for establishment and operation by the competent authority of the country where the contractor or investor operates;

b) It maintains independent financial accounting;

c) It is not currently undergoing liquidation; it has not been concluded to be in a state of bankruptcy or insolvency according to the law;

d) It has registered on the national bidding network system;

đ) Ensures competition in bidding as provided for in Article 6 of this Law;

e) It is not currently prohibited from participating in bids;

g) It is included in the shortlist for cases where a shortlist has already been selected;

h) Must form a consortium with a domestic contractor or use a domestic subcontractor when participating in international bids in Vietnam, except in cases where domestic contractors lack the capacity to participate in any part of the bid package.

2. A contractor or investor individual has legitimacy when it meets the following conditions:

a) It has full civil capacity according to the laws of the country of which it is a citizen;

b) It holds a relevant professional certificate as required by law;

c) It has legally registered its activities according to the law;

d) It is not currently under criminal prosecution;

đ) It is not currently prohibited from participating in bids.

3. A contractor or investor with legitimacy as prescribed in Clause 1 and Clause 2 of this Article may participate in bids independently or as a consortium; in the case of a consortium, there must be an agreement among members specifying the responsibilities of the lead member of the consortium and the common and individual responsibilities of each member in the consortium.

Article 6. Ensuring Competition in Bidding

1. Contractors submitting tender interest forms and prequalification forms must be legally independent and financially independent from consulting contractors preparing the tender invitation forms and prequalification forms; evaluating tender interest forms and prequalification forms; and reviewing the results of tender invitations and prequalification results.

2. Contractors participating in bidding must be legally independent and financially independent from the following parties:

a) Project owner, tender inviter;

b) Consulting contractors preparing, auditing, and reviewing design documents and budgets; preparing and reviewing tender invitation forms and request forms; evaluating tender forms and proposal forms; and reviewing the selection results of the bidding package;

c) Other contractors participating in the bidding for the same bidding package in limited bidding.

3. Supervision consulting contractors must be legally independent and financially independent from the implementing contractors and testing contractors of the same bidding package.

4. Investors participating in bidding must be legally independent and financially independent from the following parties:

a) Bidding consulting contractors for public-private partnership projects and investment projects using land until the project contract is signed;

b) Project evaluation consulting contractors for public-private partnership projects and investment projects using land until the project contract is signed;

c) State agencies with authority, tender inviter.

5. The Government shall provide detailed regulations on this matter.

Article 7. Conditions for Issuing Tender Invitation Documents and Request Forms

1. Tender invitation documents and request forms for a bidding package may only be issued to select contractors when the following conditions are met:

a) The bidding plan has been approved;

b) The tender invitation documents and request forms have been approved, including requirements on bidding procedures, bidding data tables, evaluation criteria, tender form templates, tender quantity tables; requirements on schedule, technology, quality; general and specific contract conditions, contract document templates, and other necessary contents;

c) Tender announcements, bid invitation announcements, or shortlisted lists are published according to the provisions of this Law;

d) Funds for the bidding package are arranged according to the implementation schedule;

đ) Content, list of goods and services, and budget are approved by authorized persons in cases of regular procurement and centralized procurement;

e) Construction site handover is ensured according to the implementation schedule of the bidding package.

2. Tender invitation documents and request forms for a project may only be issued to select investors when the following conditions are met:

a) The project belongs to the list of projects announced by ministries, ministerial-level agencies, government agencies, provincial people's committees, or centrally-administered city people's committees according to the law or proposed by investors;

b) Investor selection plans have been approved;

c) Tender invitation documents and request forms have been approved;

d) Tender announcements or shortlisted lists are published according to the provisions of this Law.

Article 8. Information on Bidding

1. Information that must be published on the national bidding network system and the Bidding Newspaper includes:

a) Contractor and investor selection plans;

b) Tender interest announcements, prequalification announcements;

c) Bid invitation announcements, tender invitation announcements;

d) Shortlist;

đ) Selection results of contractors and investors;

e) Opening bid results for online bidding;

g) Information on handling violations of bidding laws;

h) Legal regulations on bidding;

i) List of public-private partnership projects and projects using land;

k) Databases on contractors, investors, bidding experts, bidding lecturers, and bidding training institutions;

l) Other related information.

2. Information specified in Clause 1 of this Article is encouraged to be published on the electronic information websites of ministries, sectors, localities, or other mass media.

3. The Government shall provide detailed regulations on this Article.

Article 9. Language used in tendering

The language used in tendering shall be Vietnamese for domestic tenders; English or Vietnamese and English for international tenders.

Article 10. Tender currency

1. For domestic tenders, bidders may only submit bids in Vietnamese Dong.

2. For international tenders:

a) The tender documents and request for proposal must specify the tender currency in the bid documents and proposal documents, but not exceeding three currencies; for a specific project item, bidding can only be done in one currency;

b) In cases where the tender documents and request for proposal allow bidders to bid in two or three currencies, when evaluating the bid documents and proposal documents, they must be converted to one currency; if among these currencies there is Vietnamese Dong, it must be converted to Vietnamese Dong. The tender documents and request for proposal must specify the conversion currency, the time point, and the basis for determining the exchange rate for conversion;

c) For domestic costs related to the implementation of the tender package, bidders must bid in Vietnamese Dong;

d) For foreign costs related to the implementation of the tender package, bidders may bid in foreign currency.

Article 11. Tender guarantee

1. Tender guarantees shall apply in the following cases:

a) Open tendering, restricted tendering, and competitive bidding for service provision contracts other than consultancy services, procurement of goods, construction works, and mixed tender packages;

b) Open tendering and direct award for investor selection.

2. Bidders and investors must implement tender guarantees before the bid submission deadline for bid documents and proposal documents; in cases where two-stage tendering is applied, bidders must implement tender guarantees in the second stage.

3. The value of the tender guarantee shall be determined as follows:

a) For contractor selection, the value of the tender guarantee shall be specified in the tender documents and request for proposal at a level from 1% to 3% of the contract value based on the scale and nature of each specific contract;

b) For investor selection, the value of the tender guarantee shall be specified in the tender documents and request for proposal at a level from 0.5% to 1.5% of the total investment amount based on the scale and nature of each specific project.

4. The validity period of the tender guarantee shall be specified in the tender documents and request for proposal equal to the validity period of the bid documents and proposal documents plus thirty days.

5. In cases where the validity period of the bid documents and proposal documents is extended after the bid submission deadline, the tenderer must require bidders and investors to extend the validity period of the tender guarantee accordingly. In this case, bidders and investors must extend the validity period of the tender guarantee and may not change the contents in the submitted bid documents and proposal documents. If bidders and investors refuse to extend, the bid documents and proposal documents will lose their value and be disqualified; the tenderer must refund or release the tender guarantee to bidders and investors within twenty days from the date of receipt of the refusal extension notice.

6. In cases where a consortium participates in the tender, each member of the consortium may implement separate tender guarantees or agree that one member will be responsible for implementing the tender guarantee for itself and for other members of the consortium. The total value of the tender guarantee shall not be less than the required value specified in the tender documents and request for proposal. In cases where a member of the consortium violates the provisions of Clause 8 of this Article, the tender guarantee of all members of the consortium shall not be refunded.

7. The tenderer has the responsibility to refund or release the tender guarantee to non-selected bidders and investors within the time limit specified in the tender documents and request for proposal, but not exceeding twenty days from the date the contractor and investor selection results are approved. For selected bidders and investors, the tender guarantee shall be refunded or released after the bidder and investor implements the performance guarantee measures as stipulated in Articles 66 and 72 of this Law.

8. The tender guarantee shall not be refunded in the following cases:

a) Bidders and investors withdraw bid documents and proposal documents after the bid submission deadline and during the validity period of the bid documents and proposal documents;

b) Bidders and investors violate tendering laws leading to the cancellation of the tender as stipulated in Clause 4 of Article 17 of this Law;

c) Bidders and investors fail to implement the performance guarantee measures as stipulated in Articles 66 and 72 of this Law;

d) Bidders do not proceed or refuse to proceed with contract completion within twenty days from the date of receiving the winning bid notification from the tenderer or have completed the contract but refuse to sign the contract, except in cases of force majeure;

đ) Investors do not proceed or refuse to proceed with contract completion within thirty days from the date of receiving the winning bid notification from the tenderer or have completed the contract but refuse to sign the contract, except in cases of force majeure.

Article 12. Time periods during the process of selecting contractors and investors

1. Time periods during the process of selecting contractors:

a) The maximum time for approving the tender selection plan is 05 working days from the date of receiving the report on the examination of the plan.

b) Tender invitation documents, prequalification documents, tender documents, and request for proposal documents shall be issued at least 03 working days after the first day of posting the notice to submit tender interest forms, prequalification notices, tender notices, quotation requests, and tender invitations sent to contractors before the tender closing date.

c) The minimum preparation time for tender interest forms is 10 days for domestic tenders and 20 days for international tenders, from the first day the tender invitation documents are issued until the tender closing date. Contractors must submit their tender interest forms before the tender closing date.

d) The minimum preparation time for prequalification application forms is 10 days for domestic tenders and 20 days for international tenders, from the first day the prequalification invitation documents are issued until the tender closing date. Contractors must submit their prequalification application forms before the tender closing date.

đ) The minimum preparation time for proposal submission forms is 05 working days from the first day the request for proposal documents are issued until the tender closing date. Contractors must submit their proposal submission forms before the tender closing date.

e) The minimum preparation time for tender submission forms is 20 days for domestic tenders and 40 days for international tenders, from the first day the tender invitation documents are issued until the tender closing date. Contractors must submit their tender submission forms before the tender closing date.

g) The maximum time for evaluating tender interest forms, prequalification application forms is 20 days, proposal submission forms is 30 days, and tender submission forms is 45 days for domestic tenders, from the tender closing date until the tenderer submits the results of the contractor selection to the project owner for approval. The maximum time for evaluating tender interest forms, prequalification application forms is 30 days, proposal submission forms is 40 days, and tender submission forms is 60 days for international tenders, from the tender closing date until the tenderer submits the results of the contractor selection to the project owner for approval. In necessary cases, the evaluation period for tender submission forms and proposal submission forms may be extended up to 20 additional days while ensuring the project schedule.

h) The maximum review period is 20 days for each review content: the tender selection plan, tender invitation documents, prequalification invitation documents, tender invitation documents, request for proposal documents, and the results of the contractor selection, from the date of receiving all submitted documents.

i) The maximum time for approving tender invitation documents, prequalification invitation documents, request for proposal documents, and tender invitation documents is 10 days from the date of receiving the proposal requesting approval of the tender invitation documents, prequalification invitation documents, tender invitation documents, and request for proposal documents from the tenderer or the review report when a review is required.

k) The maximum time for approving or providing comments on the results of the contractor selection is 10 days from the date of receiving the proposal requesting approval of the results of the contractor selection from the tenderer or the review report when a review is required.

l) The validity period of tender submission forms and proposal submission forms is a maximum of 180 days from the tender closing date; for large-scale and complex tenders, two-stage bidding tenders, the validity period of tender submission forms is a maximum of 210 days from the tender closing date. In necessary cases, the validity period of tender submission forms and proposal submission forms can be extended while ensuring the project schedule.

m) The minimum time for sending amended tender invitation documents to contractors who have received the tender invitation documents is 10 days for domestic tenders and 15 days for international tenders before the tender closing date; for amended tender interest invitation documents, prequalification invitation documents, and request for proposal documents, it is a minimum of 03 working days before the tender closing date. If the time for sending amended tender invitation documents does not meet the requirements set out in this point, the tenderer must extend the tender closing date accordingly to comply with the requirements for sending amended tender interest invitation documents, prequalification invitation documents, tender invitation documents, and request for proposal documents.

n) The deadline for sending a written notification of the results of the contractor selection to participating contractors via postal mail or fax is 05 working days from the date the results of the contractor selection are approved.

2. The Government shall provide detailed regulations on time periods during the process of selecting contractors for small-scale tenders and community-involved tenders; time periods during the process of selecting investors; and time periods during the process of selecting contractors and investors through online platforms.

Article 13. Costs in Tendering

1. Costs in selecting contractors include:

a) Costs related to preparing tender interest documents, prequalification documents, tender documents, proposal documents, and participating in tenders, which are the responsibility of the contractor;

b) Costs related to the selection process of contractors determined within the total investment ceiling or procurement budget;

c) Tender invitation interest documents and prequalification invitation documents are provided free of charge to contractors;

d) Tender invitation documents and request for proposal documents are sold or provided free of charge to contractors.

2. Costs in selecting investors include:

a) Costs related to preparing prequalification documents, tender documents, proposal documents, and participating in tenders, which are the responsibility of the investor;

b) Costs related to the selection process of investors allocated from state capital, other lawful sources, and determined within the total investment ceiling;

c) The selected investor must pay the costs in selecting investors;

d) Prequalification invitation documents, tender invitation documents, and request for proposal documents are sold to investors.

3. Costs in online tendering include:

a) Costs for joining the national online tendering system, costs for posting tender information, and other related costs;

b) Costs for participating in tenders and organizing tenders as stipulated in Clause 1 and Clause 2 of this Article.

4. The Government shall provide detailed regulations on this matter.

Article 14. Preferences in Selecting Contractors

1. Contractors are entitled to preferences when participating in domestic or international tenders to provide goods where the cost of domestic production accounts for 25% or more;

2. The entities entitled to preferences when participating in international tenders to provide consulting services, non-consulting services, construction works, and mixed packages include:

a) Domestic contractors participating in tenders independently or as part of a consortium;

b) Foreign contractors participating in tenders as part of a consortium with domestic contractors, where the domestic contractors undertake at least 25% of the value of the tender package.

3. The entities entitled to preferences when participating in domestic tenders to provide consulting services, non-consulting services, construction works, and mixed packages include:

a) Contractors having at least 25% of their workforce composed of female workers;

b) Contractors having at least 25% of their workforce composed of disabled veterans or persons with disabilities;

c) Contractors being small enterprises.

4. The calculation of preferences shall be carried out during the evaluation of tender documents and proposal documents for comparison and ranking of tender documents and proposal documents according to one of the following methods:

a) Adding points to the evaluation score of contractors eligible for preferences;

b) Adding an amount to the bid price or the evaluated price of contractors not eligible for preferences.

5. The entities and contents of preferences in selecting contractors as prescribed in this Article shall not apply in cases where international treaties to which the Socialist Republic of Vietnam is a member or international agreements between Vietnam and sponsors have different provisions on preferences in selecting contractors.

6. The Government shall provide detailed regulations for this Article.

Article 15. International Tenders

1. Organizing international tenders to select contractors can only be implemented if one of the following conditions is met:

a) The sponsor of the tender package requires the organization of an international tender;

b) The tender package for purchasing goods that cannot be produced domestically or can be produced but do not meet technical, quality, or price requirements. In the case of commonly available goods that have been imported and offered for sale in Vietnam, international tenders shall not be organized;

c) The tender package for providing consulting services, non-consulting services, construction works, and mixed packages where domestic contractors are unable to meet the requirements of the tender package.

2. Public-private partnership investment projects and investment projects using land, except in cases restricted by laws on investment.

3. The Government shall provide detailed regulations on this Article.

Article 16. Conditions for individuals participating in bidding activities

1. Individuals participating in bidding activities must have a bidding training certificate and possess the appropriate professional qualifications, capabilities, experience, and language skills in accordance with the requirements of the tender package, project, except for individuals belonging to contractors or investors.

2. Individuals directly involved in preparing the notice of interest invitation, prequalification bid invitation, tender invitation, request for proposal; evaluating the notice of interest, prequalification bid, tender bid, proposal submission under professional bidding organizations, enterprises, units engaged in bidding consultancy, and professional project management boards must hold a professional practice certificate for bidding activities.

Article 17. Cases for Tender Cancellation

1. All tender bids and proposal submissions do not meet the requirements of the tender invitation or request for proposal.

2. Changes in investment objectives and scope recorded in the tender invitation or request for proposal.

3. The tender invitation or request for proposal does not comply with the bidding laws or other relevant laws, leading to the selected contractor or investor not meeting the requirements to implement the tender package or project.

4. Evidence of bribery giving or receiving, brokering, colluding, fraud, or abusing positions or powers to illegally interfere with bidding activities, resulting in the distortion of the selection results of contractors or investors.

Article 18. Liability for Tender Cancellation

Organizations or individuals violating bidding laws leading to tender cancellation as stipulated in Clause 3 and Clause 4 of Article 17 of this Law must compensate related parties for their expenses and be subject to legal penalties.

Article 19. Training and Capacity Building on Bidding

1. Institutions organizing training and capacity building for individuals specified in Article 16 of this Law must satisfy the following conditions:

a) Established and operating in accordance with the law;

b) Possessing facilities and teaching materials that meet the standards set by the state management agency for bidding activities;

c) Having a team of lecturers on bidding with professional practice certificates for bidding activities;

d) Being listed in the national bidding network system's list of training institutions for bidding.

2. Training institutions for bidding shall have the following responsibilities:

a) Ensuring the quality of training and capacity building; providing information about their training institution to the state management agency for bidding activities;

b) Conducting training and capacity building based on the bidding training framework program and issuing bidding certificates to trainees in accordance with regulations;

c) Storing records of bidding training and capacity building courses they organize in accordance with regulations;

d) Annually reporting or reporting as required by the state management agency for bidding activities on the situation of bidding training and capacity building activities.

3. The Government shall provide detailed regulations on this Article.

Chapter II

FORMS AND METHODS OF SELECTING CONTRACTORS AND INVESTORS AND ORGANIZING PROFESSIONAL BIDDING

Section 1

FORMS OF SELECTING CONTRACTORS AND INVESTORS

Article 20. Open Bidding

1. Open bidding is a method of selecting contractors and investors where there is no limit on the number of contractors and investors participating.

2. Open bidding is applicable to tender packages and projects within the scope regulated by this Law, except for cases stipulated in Articles 21, 22, 23, 24, 25, 26, and 27 of this Law.

Article 21. Restricted Tendering

Restricted tendering shall be applied in cases where the tender package has high technical requirements or technical characteristics that are unique, and only a limited number of contractors can meet the requirements of the tender package.

Article 22. Direct Assignment

1. Direct assignment for contractors shall be applied in the following cases:

a) The tender package needs to be implemented immediately to address or promptly handle consequences caused by unforeseen incidents; the tender package needs to be implemented to ensure state secrets; the tender package needs to be carried out immediately to avoid direct harm to the lives, health, and property of residents in the area or to prevent serious impact on adjacent works; the tender package for purchasing medicines, chemicals, materials, medical equipment to implement disease prevention and control work in urgent situations;

b) The urgent tender package needed to be implemented with the aim of protecting national sovereignty, border areas, and islands;

c) The tender package providing consulting services, non-consulting services, procurement of goods that must be purchased from previous contractors due to the need to ensure technological compatibility and copyright, which cannot be obtained from other contractors; research and testing tender packages; purchase of intellectual property rights;

d) The tender package providing consulting services for preparing feasibility study reports, construction design to be assigned to the author of the winning architectural design or selected when the author meets the required capacity conditions; construction tender packages for monuments, sculptures, grand paintings, artistic works tied to copyright from creation to construction;

đ) The tender package for relocating infrastructure works directly managed by specialized units to serve land clearance work; tender package for clearing bombs, mines, and explosive devices to prepare the construction site;

e) The tender package for supplying public products and services, tender packages with tender values within the limit applicable for direct assignment according to the Government's regulations, suitable with economic and social conditions at each period.

2. The implementation of direct assignment for tender packages specified in points b, c, d, đ, and e of Clause 1 of this Article must satisfy the following conditions:

a) There is an approved investment decision, except for tender packages for project preparation consulting;

b) There is an approved plan for selecting contractors;

c) Funds have been allocated according to the tender package's progress requirements;

d) There is an approved budget estimate, except in cases of tender packages EP, EC, EPC, turnkey tender packages;

đ) The time for implementing direct assignment from the date of approving the request document to signing the contract does not exceed 45 days; in cases of large and complex tender packages, it does not exceed 90 days;

e) The contractor proposed for direct assignment must be listed in the database of contractors of the State management agency for tendering activities.

3. For tender packages falling under the direct assignment cases stipulated in Clause 1 of this Article and meeting the direct assignment conditions stipulated in Clause 2 of this Article but still able to apply other forms of contractor selection prescribed in Articles 20, 21, 23, and 24 of this Law, it is encouraged to apply other forms of contractor selection.

4. Direct assignment for investors shall be applied in the following cases:

a) Only one investor registers to implement;

b) Only one investor has the ability to implement due to intellectual property, trade secrets, technology, or financing arrangements;

c) The investor's proposed project meets the highest feasible and effective requirements according to the Government's regulations.

Article 23. Competitive Bidding

1. Competitive bidding shall be applied to tender packages with values within the limit prescribed by the Government and falling under one of the following cases:

a) Tender packages for common non-advisory services that are simple;

b) Tender packages for commonly available goods on the market with standardized technical characteristics and equivalent quality;

c) Simple construction works tender packages that already have approved construction design drawings.

2. Competitive bidding shall be carried out when the following conditions are met:

a) There is an approved tender selection plan;

b) There is an approved budget estimate in accordance with regulations;

c) Funds have been allocated according to the implementation schedule of the tender package.

Article 24. Direct Purchase

1. Direct purchase shall be applied to tender packages for purchasing similar goods belonging to the same project or procurement budget, or to another project or procurement budget.

2. Direct purchase shall be carried out when the following conditions are met:

a) The contractor has won the bid through open tendering or restricted tendering and has signed a contract to implement the previous tender package;

b) The tender package has contents, nature similar to and a scale smaller than 130% of the previous tender package for which a contract was signed;

c) The unit price of the work items in the direct purchase tender package does not exceed the unit price of corresponding work items in the similar tender package for which a contract was previously signed;

d) The period from signing the contract of the previous tender package to the date of approving the direct purchase result does not exceed twelve months.

3. In case the contractor implementing the previous contract is unable to continue implementing the direct purchase tender package, direct purchase may be applied to another contractor if they meet the requirements regarding capacity, experience, technology, and price based on the tender documents and the previous contractor selection results.

Article 25. Self-Execution

Self-execution shall be applied to tender packages belonging to projects or procurement budgets where the organization directly managing and using the tender package has the technical, financial capacity, and experience to meet the requirements of the tender package.

Article 26. Selection of Contractors, Investors in Special Cases

In cases where tender packages or projects present special, unique conditions that cannot apply the forms of contractor or investor selection prescribed in Articles 20, 21, 22, 23, 24, and 25 of this Law, the person with authority shall submit to the Prime Minister for consideration and decision on the method of selecting contractors or investors.

Article 27. Community Participation

Communities, organizations, groups, or teams of workers at the location of the tender package may undertake the entire or part of the tender package in the following cases:

1. Tender packages under national target programs, poverty reduction support programs for mountainous districts, remote areas, islands, and particularly difficult economic and social regions;

2. Small-scale tender packages that local communities, organizations, groups, or teams of workers can undertake.

Section 2

METHODS OF SELECTING CONTRACTORS AND INVESTORS

Article 28. One-stage Single-envelope Method

1. The one-stage single-envelope method shall be applied in the following cases:

a) Open tendering or restricted tendering for tender packages providing non-advisory services; small-scale tender packages for purchasing goods, construction, or mixed services;

b) Competitive bidding for tender packages providing non-advisory services, purchasing goods, or construction;

c) Direct assignment for tender packages providing advisory services, non-advisory services, purchasing goods, construction, or mixed services;

d) Direct purchase for tender packages for purchasing goods;

e) Direct assignment for selecting investors.

2. Contractors and investors shall submit tender documents or proposal documents including technical proposals and financial proposals in accordance with the tender documents or request documents.

3. The opening of tenders shall be conducted once for all tender documents and proposal documents.

Article 29. Two-stage two-envelope method

1. The two-stage two-envelope method shall be applied in the following cases:

a) Open tendering and selective tendering for consultancy services, non-consultancy services, procurement of goods, construction works, and mixed packages;

b) Open tendering for selecting investors.

2. Bidders and investors shall submit technical proposal envelopes and financial proposal envelopes separately at the same time as required by the tender invitation document.

3. The opening of tenders shall be conducted in two stages. Technical proposals shall be opened immediately after the closing time of the tender. Bidders and investors meeting the technical requirements shall have their financial proposals opened for evaluation.

Article 30. Two-stage single-envelope method

1. The two-stage single-envelope method shall be applied in cases of open tendering and selective tendering for large and complex procurement of goods, construction works, and mixed packages.

2. In the first stage, bidders shall submit technical proposals and financial plans according to the requirements of the tender invitation document but without bidding prices. Based on exchanges with each bidder participating in this stage, the tender invitation document for the second stage will be determined.

3. In the second stage, bidders who participated in the first stage shall be invited to submit tender documents. Tender documents shall include technical proposals and financial proposals according to the requirements of the tender invitation document for the second stage, including bidding prices and bid guarantees.

Article 31. Two-stage two-envelope method

1. The two-stage two-envelope method shall be applied in cases of open tendering and selective tendering for procurement of goods, construction works, and mixed packages that involve new technology, complex, and specialized characteristics.

2. In the first stage, bidders shall submit technical proposal envelopes and financial proposal envelopes separately according to the requirements of the tender invitation document. Technical proposals shall be opened immediately after the closing time of the tender. Based on the evaluation of technical proposals from bidders in this stage, technical adjustments compared to the tender invitation document and a list of bidders meeting the requirements will be determined to invite participation in the second stage. Financial proposals shall be opened in the second stage.

3. In the second stage, bidders meeting the requirements in the first stage shall be invited to submit tender documents. Tender documents shall include technical proposals and financial proposals according to the requirements of the tender invitation document for the second stage corresponding to technical adjustments. In this stage, financial proposals submitted in the first stage shall be opened simultaneously with second-stage tender documents for evaluation.

Section 3

PROFESSIONAL PROCUREMENT ORGANIZATION

Article 32. Professional Procurement Organization

1. Professional procurement organizations include procurement agents and public institutions established with the function of conducting professional procurement.

2. The establishment and operation of procurement agents shall be carried out in accordance with the laws on enterprises.

3. The Government shall provide detailed regulations on this Article.

Chapter III

PLAN AND PROCEDURE FOR SELECTING CONTRACTORS

Article 33. Principles for Establishing a Plan to Select Contractors

1. A plan to select contractors shall be established for the entire project or procurement budget. If conditions are not yet sufficient to establish a plan to select contractors for the entire project or procurement budget, then a plan to select contractors for one or several packages shall be established to implement first.

2. The number of packages and the contents of each package must be clearly stated in the plan to select contractors.

3. The division of projects or procurement budgets into packages must be based on technical characteristics and implementation sequence; ensuring the synchronization of the project or procurement budget and reasonable scale of packages.

Article 34. Preparation of the Plan for Selection of Contractors

1. Basis for preparing the plan for selection of contractors for projects:

a) Decision approving the project or Investment Certificate and related documents. For packages that need to be implemented before the decision approving the project is issued, the basis shall be the decision of the head of the project owner or the head of the unit tasked with preparing the project in cases where the project owner has not yet been determined;

b) Sources of funding for the project;

c) International treaties and agreements for projects using official development assistance funds and preferential loans;

d) Relevant legal documents.

2. Basis for preparing the plan for selection of contractors for regular procurement:

a) Standards and quotas for equipment and working tools of agencies, organizations, units, and officials, civil servants, and public servants; existing equipment and working tools that need to be replaced, supplemented, or newly purchased to serve work;

b) Procurement approval decision;

c) Sources of funding and approved regular procurement budget;

d) Equipment procurement program for the entire sector approved by the Prime Minister (if applicable);

đ) The valuation results provided by organizations with valuation service functions or quotation services (if applicable).

3. The plan for selection of contractors shall be prepared after the decision approving the project or procurement budget is issued, or simultaneously with the preparation of the project or procurement budget, or prior to the issuance of the decision approving the project for packages that need to be implemented before the decision approving the project is issued.

Article 35. Contents of the Plan for Selection of Contractors for Each Package

1. Name of the package:

The name of the package reflects the nature, content, and scope of work of the package, consistent with the content stated in the project and procurement budget. In cases where the package consists of several separate parts, the plan for selection of contractors must specify the name reflecting the basic content of each part.

2. Price of the package:

a) The price of the package is determined based on the total investment ceiling or budget estimate (if available) for the project; procurement budget for regular procurement. The price of the package includes all costs necessary to implement the package, including contingency costs, fees, charges, and taxes. If necessary, the price of the package is updated within 28 days before the tender opening date;

b) For packages providing consultancy services for pre-feasibility study reports, feasibility study reports, the price of the package is determined based on average price information from completed projects during a specified period; estimated total investment according to investment unit cost standards; preliminary total investment;

c) In cases where the package consists of several separate parts, the estimated price for each part must be clearly stated in the package price.

3. Sources of funds:

For each package, the source of funding or method of arranging funds and the funding disbursement time for payment to the contractor must be clearly stated; in cases where official development assistance funds or preferential loans are used, the name of the financier and the capital structure, including grant capital and domestic counterpart capital, must be clearly stated.

4. Form and method of selecting contractors:

For each package, the form and method of selecting contractors must be clearly stated; whether the selection is for domestic or international contractors.

5. Time to start organizing the selection of contractors:

The time to start organizing the selection of contractors is calculated from the date of issuance of the tender documents or request for proposal, clearly recorded by month or quarter in the year. In cases of open tendering with shortlist procedures applied, the time to start organizing the selection of contractors is calculated from the date of issuance of the notice of interest or prequalification documents.

6. Type of contract:

The plan for selection of contractors must clearly determine the type of contract as prescribed in Article 62 of this Law to serve as the basis for preparing notices of interest, prequalification documents, tender documents, and requests for proposal; signing contracts.

7. Contract implementation period:

The contract implementation period is the number of days from the effective date of the contract to the completion date of obligations stipulated in the contract, excluding the warranty period (if applicable).

Article 36. Submitting for Approval the Procurement Plan

1. Responsibilities for submitting for approval the procurement plan:

a) The project owner shall submit the procurement plan to the authorized person for review and approval for projects; the tender inviter shall submit the procurement plan for regular purchases to the authorized person for review and approval.

b) For tenders that need to be implemented before the project approval decision is made, if the project owner can be identified, the unit under the project owner shall submit the procurement plan to the head of the project owner for review and approval. If the project owner cannot be identified, the unit assigned the task of preparing the project shall submit the procurement plan to its own head for review and approval.

2. The document for submitting for approval the procurement plan shall include the following contents:

a) The work already completed, including the content of the work related to project preparation, tenders implemented beforehand with corresponding values, and the legal basis for implementation;

b) The work not applicable to any of the procurement methods, including activities of the project management board, organization of compensation and land clearance, groundbreaking, inauguration, interest repayment, and other works not applicable to procurement methods;

c) The work included in the procurement plan, including the content of the work and corresponding value forming tenders carried out according to one of the procurement methods prescribed in Articles 20, 21, 22, 23, 24, 25, 26, and 27 of this Law. In this section, the basis for dividing the project and procurement budget into tenders must be clearly stated. For each tender, all contents prescribed in Article 35 of this Law must be ensured. For tenders not applying open bidding, the reason for applying another procurement method must be clearly stated in the document for submitting for approval the procurement plan;

d) The work not yet meeting the conditions for planning procurement (if any), specifying the content and value of this part of the work;

đ) The total value of the parts of work specified in points a, b, c, and d of this clause. The total value of this part may not exceed the total investment limit of the project or the approved procurement budget.

3. Documents attached to the document for submitting for approval the procurement plan:

When submitting for approval the procurement plan, copies of the documents serving as the basis for formulating the procurement plan as stipulated in Article 34 of this Law must be submitted.

Article 37. Reviewing and Approving the Procurement Plan

1. Reviewing the procurement plan:

a) Reviewing the procurement plan involves checking and evaluating the contents as prescribed in Articles 33, 34, 35, and 36 of this Law;

b) The organization entrusted with reviewing the procurement plan shall prepare a review report to submit to the authorized person for approval;

c) The organization entrusted with reviewing the procurement plan shall prepare a review report to submit to the head of the project owner or the head of the unit entrusted with preparing the project for approval of the procurement plan in cases where tenders need to be implemented before the project approval decision is made.

2. Approving the procurement plan:

a) Based on the review report, the authorized person shall approve the procurement plan in writing to serve as the basis for organizing the selection of contractors after the project or procurement budget has been approved, or simultaneously with the project approval decision when conditions are met;

b) Based on the review report, the head of the project owner or the head of the unit entrusted with preparing the project shall approve the procurement plan for tenders that need to be implemented before the project approval decision is made.

Article 38. Procurement Process for Contractors

1. The procurement process for contractors in open tendering and selective tendering shall be carried out as follows:

a) Preparation for selecting contractors;

b) Organizing the selection of contractors;

c) Evaluating tender documents and negotiating contracts;

d) Submitting, reviewing, approving, and publicly announcing the results of contractor selection;

đ) Completing and signing contracts.

2. The procurement process for contractors in direct assignment shall be carried out as follows:

a) For the standard procedure of direct assignment including the following steps: preparation for selecting contractors; organizing the selection of contractors; evaluating proposal documents and negotiating with contractors' proposals; submitting, reviewing, approving, and publicly announcing the results of contractor selection; completing and signing contracts;

b) For the simplified procedure of direct assignment including the following steps: preparing and sending draft contracts to contractors; negotiating and completing contracts; submitting, approving, and publicly announcing the results of contractor selection; signing contracts.

3. The procurement process for contractors in competitive bidding shall be carried out as follows:

a) For the standard procedure of competitive bidding including the following steps: preparation for selecting contractors; organizing the selection of contractors; evaluating proposal documents and negotiating contracts; submitting, reviewing, approving, and publicly announcing the results of contractor selection; completing and signing contracts;

b) For the simplified procedure of competitive bidding including the following steps: preparing and sending quotation requests to contractors; contractors submit quotations; evaluating quotations and negotiating contracts; submitting, approving, and publicly announcing the results of contractor selection; completing and signing contracts.

4. The procurement process for contractors in direct purchase shall be carried out as follows:

a) Preparation for selecting contractors;

b) Organizing the selection of contractors;

c) Evaluating proposal documents and negotiating with contractors' proposals;

d) Submitting, reviewing, approving, and publicly announcing the results of contractor selection;

đ) Completing and signing contracts.

5. The procurement process for contractors in self-execution shall be carried out as follows:

a) Preparing self-execution plans and draft contracts;

b) Completing self-execution plans and negotiating, completing contracts;

c) Signing contracts.

6. The procurement process for contractors in individual consultant selection shall be carried out as follows:

a) Preparing and sending reference terms to individual consultants;

b) Individual consultants submit scientific curriculum vitae;

c) Evaluating individual consultants' scientific curriculum vitae;

d) Negotiating and completing contracts;

đ) Submitting, approving, and publicly announcing the results of contractor selection;

e) Signing contracts.

7. The procurement process for contractors in community participation tenders shall be carried out as follows:

a) Preparing community selection plans for local residents, organizations, groups, and teams to implement the tender;

b) Organizing the selection;

c) Approving and publicly announcing the results of selection;

d) Completing and signing contracts.

8. The Government shall provide detailed regulations on this matter.

Chapter IV

METHODS FOR EVALUATING TENDER DOCUMENTS AND PROPOSALS; REVIEWING WINNERS

Article 39. Method for Evaluating Tender Documents for Non-Consultancy Service Supply, Goods Procurement, Construction, and Mixed Tenders

1. Lowest Price Method:

a) This method applies to simple and small-scale tenders where technical, financial, and commercial proposals are considered equivalent when meeting the requirements stated in the tender invitation;

b) Evaluation criteria include: evaluation criteria for capacity, experience, and tender criteria;

c) For tender documents that have been evaluated and meet the criteria specified in point b of this clause, the comparison and ranking will be based on the corrected bid price after error correction. Contractors will be ranked according to their corrected bid prices, minus any discount value (if applicable). The contractor with the lowest price will be ranked first.

2. Evaluated Price Method:

a) This method applies to tenders where all costs are converted to a common basis regarding technical, financial, and commercial factors throughout the entire lifecycle of goods or construction projects;

b) Evaluation criteria include: evaluation criteria for capacity and experience in cases where prequalification is not applied; technical evaluation criteria; criteria for determining the evaluated price.

Factors converted to a common basis to determine the evaluated price include: operational and maintenance costs, other costs related to the origin of goods, interest rates, progress, quality of goods or construction projects within the tender package, contractor's reputation through the progress and quality of previous similar contracts, and other factors;

c) For tender documents that have passed the technical evaluation stage, the comparison and ranking will be based on the evaluated price. The contractor with the lowest evaluated price will be ranked first.

3. Combined Technical and Price Method:

a) This method applies to information technology, telecommunications tenders, or mixed goods procurement and construction tenders when the lowest price method and evaluated price method cannot be applied as stipulated in clauses 1 and 2 of this Article;

b) Evaluation criteria include: evaluation criteria for capacity and experience in cases where prequalification is not applied; technical evaluation criteria; comprehensive evaluation criteria. Comprehensive evaluation criteria are established based on the combination of technical and price factors;

c) For tender documents that have passed the technical evaluation stage, the comparison and ranking will be based on the total score. The contractor with the highest total score will be ranked first.

4. For capacity and experience evaluation criteria, pass/fail criteria are used. For technical evaluation criteria, scoring methods or pass/fail criteria are used. For the combined technical and price method stipulated in clause 3 of this Article, scoring methods are used. When using scoring methods, the minimum required technical score must not be less than 70% of the total technical score.

5. The Government shall provide detailed regulations on this matter.

Article 40. Evaluation Method for Tender Documents in Consulting Service Procurement Packages

1. For consulting contractors that are organizations, one of the following methods shall be applied:

a) The lowest price method shall be applied to simple consulting tender packages. The evaluation criteria for tender documents are technical evaluation criteria. For tender documents that have passed the technical evaluation stage, the bid price after corrections and adjustments, minus any discount value (if applicable), shall be considered. The contractor with the lowest price shall be ranked first;

b) The fixed price method shall be applied to simple consulting tender packages where the actual implementation costs are specifically determined and fixed in the tender invitation documents. The evaluation criteria for tender documents are technical evaluation criteria. For tender documents that have passed the technical evaluation stage, if the bid price after corrections and adjustments, minus any discount value (if applicable), does not exceed the actual implementation cost of the package, technical points shall be compared and ranked. The contractor with the highest technical points shall be ranked first;

c) The combined technical and price method shall be applied to consulting tender packages that emphasize both quality and implementation costs. The evaluation criteria for tender documents are technical evaluation criteria and comprehensive evaluation criteria. The comprehensive evaluation criteria are established based on a combination of technical aspects and price. When establishing the comprehensive evaluation criteria, it must ensure that the weight of technical points ranges from 70% to 80%, and the weight of price points ranges from 20% to 30% of the total score of the comprehensive scale, with the sum of the weight of technical points and the weight of price points equaling 100%. The contractor with the highest comprehensive score shall be ranked first;

d) The technical-based method shall be applied to consulting tender packages with high and specific technical requirements. The evaluation criteria for tender documents are technical evaluation criteria. When establishing the technical evaluation criteria, the minimum required score must not be lower than 80% of the total technical score. The contractor with the tender document meeting the minimum technical score requirement and achieving the highest technical score shall be ranked first and invited to open the financial proposal for contract negotiation purposes;

2. For the technical evaluation criteria specified in points a, b, c, and d of Clause 1 of this Article, the scoring method shall be used. When establishing the technical evaluation criteria, the minimum required score must not be lower than 70% of the total technical score, except in the case specified in point d of Clause 1 of this Article;

3. For individual consulting contractors, the evaluation criteria for tender documents are scientific curriculum vitae evaluation criteria and technical proposal evaluation criteria (if any). The contractor with the best scientific curriculum vitae and technical proposal meeting the reference clause requirements shall be ranked first;

Article 41. Evaluation Method for Proposal Documents

The evaluation method for proposal documents in competitive bidding shall be carried out according to the lowest price method stipulated in Clause 1 of Article 39 of this Law;

Article 42. Approval of Winning Bid for Consulting Service Procurement Bidding

1. A consulting contractor that is an organization shall be considered and proposed as the winning bidder when meeting the following conditions:

a) Having valid tender documents and proposal documents;

b) Having a technical proposal meeting the requirements;

c) Having the lowest bid price after corrections and adjustments, minus any discount value (if applicable) for the lowest price method; having the highest technical points for the fixed price method and the technical-based method; having the highest comprehensive points for the combined technical and price method;

d) Having a proposed winning bid price not exceeding the approved package price. In cases where the approved budget estimate of the package is lower or higher than the approved package price, this budget estimate will replace the package price as the basis for approval of the winning bid;

2. An individual consulting contractor shall be considered and proposed as the winning bidder when meeting the following conditions:

a) Having the best scientific curriculum vitae and technical proposal (if any) meeting the reference clause requirements;

b) Having a proposed winning bid price not exceeding the approved package price. In cases where the approved budget estimate of the package is lower or higher than the approved package price, this budget estimate will replace the package price as the basis for approval of the winning bid;

3. For contractors not selected, the announcement of the selection results of contractors must clearly state the reasons why the contractor did not win the bid.

Article 43. Approval of successful bids for procurement of non-advisory services, purchase of goods, construction works, and mixed contracts

1. A bidder providing non-advisory services, purchasing goods, construction works, or mixed contracts shall be considered and proposed for approval as a successful bidder when meeting all of the following conditions:

a) Having valid tender documents and proposal documents;

b) Having the capacity and experience to meet the requirements;

c) Submitting technical proposals that meet the requirements;

d) Having a deviation not exceeding 10% of the bid price;

đ) Having the lowest corrected bid price after error corrections and deductions for discounts (if any) under the lowest bid price method; having the lowest evaluated bid price under the evaluated bid price method; having the highest combined score under the combined technical and price method;

e) The proposed winning bid price does not exceed the approved tender package price. In cases where the approved tender package budget estimate is lower or higher than the approved tender package price, this estimate will replace the tender package price as the basis for approving the winning bid.

2. For bidders not selected, the announcement of the selection results must clearly state the reasons why the bidder did not win the bid.

Chapter V

CONCENTRATED PROCUREMENT, REGULAR PROCUREMENT, MEDICINE AND HEALTH SUPPLIES PROCUREMENT; SUPPLY OF PUBLIC PRODUCTS AND SERVICES

Section 1

CONCENTRATED PROCUREMENT

Article 44. General Provisions on Concentrated Procurement

1. Concentrated procurement is a way to organize open bidding to select contractors through a centralized procurement unit with the aim of reducing costs, time, and organizational structures for bidding, enhancing professionalism in bidding, and contributing to improving economic efficiency.

2. Concentrated procurement is applied in cases where goods or services need to be procured in large quantities and similar types from one or more agencies, organizations, enterprises, or project sponsors.

3. Concentrated procurement is carried out in one of the following two ways:

a) The centralized procurement unit collects procurement needs, selects contractors, and directly signs contracts with the selected contractors to provide goods and services;

b) The centralized procurement unit collects procurement needs, selects contractors, and signs framework agreement documents with one or more selected contractors as a basis for units with procurement needs to directly sign contracts with the selected contractors to provide goods and services.

4. The centralized procurement unit selects contractors based on assigned tasks or contracts signed with units with procurement needs.

5. The Government shall provide detailed regulations on this matter.

Article 45. Framework Agreement

1. A framework agreement in concentrated procurement is a long-term agreement between the centralized procurement unit and one or more selected contractors, which includes standards and conditions serving as a basis for procurement under specific contracts.

2. The duration for using the framework agreement is specified in the plan for selecting contractors but shall not exceed three years.

Section 2

REGULAR PROCUREMENT

Article 46. Conditions for Application

State agencies, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, units under the people's armed forces, and public service units apply regular procurement for goods and services when meeting all of the following conditions:

1. Using regular procurement funds;

2. Goods and services belong to the list of goods and services for regular procurement to maintain the regular operations of agencies, organizations, and units.

Article 47. Selection of Contractors

1. The selection of contractors for regular procurement shall be carried out in accordance with the provisions of Articles 38, 39, 40, 41, 42, and 43 of this Law.

2. The Government shall provide detailed regulations on regular procurement.

Section 3

PROCUREMENT OF MEDICINES AND HEALTHCARE SUPPLIES

Article 48. Selection of Contractors to Supply Medicines and Healthcare Supplies

1. The form, method, plan, procedure for selecting contractors, and the evaluation methods for tender documents and proposal documents for the selection of contractors to supply medicines and healthcare supplies shall be implemented in accordance with the provisions of Chapters II, III, and IV of this Law.

2. The selection of contractors to supply medicines may also be conducted through price negotiation. Price negotiation shall be applied to tender packages for purchasing medicines that have only one to two manufacturers; original brand-name drugs, rare drugs, drugs still under patent protection, and other special cases.

3. A contractor shall be considered for awarding the tender to supply individual items of medicines if they meet the following conditions:

a) The conditions stipulated at points a, b, d, đ, and e of Clause 1, Article 43 of this Law;

b) There is a technical proposal evaluated as meeting the requirements regarding quality, supply, storage, and shelf life of the medicines.

4. The Government shall provide detailed regulations on this matter.

Article 49. Centralized Procurement of Medicines

1. Centralized procurement of medicines shall be carried out at the national level and at the local level.

2. Centralized procurement of medicines and the implementation roadmap for centralized procurement shall be prescribed by the Government.

Article 50. Preferential Treatment in Procuring Medicines

Preferential treatment in procuring medicines shall be carried out in accordance with the provisions of Article 14 of this Law. For domestically produced medicines announced by the Ministry of Health as meeting treatment requirements, the price of the medicines and their supply capacity, the tender documents and request documents must specify that the contractor cannot offer imported medicines.

Article 51. Responsibilities of State Management Agencies in Tendering for Medicines and Healthcare Supplies

1. The Ministry of Health shall be responsible for issuing the list of medicines subject to tendering; the list of medicines subject to centralized tendering; and the list of medicines subject to price negotiation.

2. The Government shall prescribe the responsibilities of ministries and sectors in tendering for medicines and healthcare supplies and the public disclosure of prices of medicines and healthcare supplies based on the results of contractor selection.

Article 52. Payment of Costs for Procuring Medicines and Healthcare Supplies

In the case where non-public health facilities do not choose to apply the provisions of this Law for the procurement of medicines and healthcare supplies, such health facilities shall only be reimbursed from the health insurance fund according to the specific types of medicines and unit prices of medicines, and the prices of healthcare supplies that won the tender from public health facilities at the provincial level in the same locality.

Section 4

PROVISION OF PUBLIC PRODUCTS AND SERVICES

Article 53. Forms of Contractor Selection

The selection of contractors to provide public products and services shall be carried out through open tendering, restricted tendering, direct assignment, competitive bidding, direct purchase, and self-execution.

Article 54. Procedure for Selecting Contractors

1. The procedure for selecting contractors to provide public products and services shall be carried out as follows:

a) Preparation for selecting contractors;

b) Organizing the selection of contractors;

c) Evaluation of tender documents, proposal documents, and contract negotiations;

d) Submitting, reviewing, approving, and publicly announcing the results of contractor selection;

đ) Completing and signing contracts.

2. The Government shall provide detailed regulations for this Article.

Chapter VI

SELECTION OF INVESTORS

Article 55. Plan for Selecting Investors

1. Basis for establishing the plan for selecting investors:

a) Decision approving the project;

b) International treaties, international agreements for projects using official development assistance funds, preferential loans;

c) Relevant documents.

2. Contents of the plan for selecting investors:

a) Project name;

b) Total investment amount and total capital of the project;

c) Preliminary state contribution and state financial mechanism to support project implementation (if any);

d) Form and method of selecting investors;

đ) Time to start organizing investor selection;

e) Type of contract;

g) Contract execution time.

Article 56. Investor Selection Process

1. The investor selection process shall be carried out as follows:

a) Preparing for investor selection;

b) Organizing the investor selection;

c) Evaluating tender documents and proposal documents;

d) Submitting, reviewing, approving, and publicly announcing the results of the investor selection;

đ) Negotiating, finalizing, and signing contracts.

2. The Government shall provide detailed regulations for this Article.

Article 57. Submission, Review, and Approval of Investor Selection Plans, Invitations for Preliminary Bids, Preliminary Bid Results, Tender Invitations, Request Documents, and Investor Selection Results

1. The tenderer submits to the competent authority the investor selection plan, invitation for preliminary bids, preliminary bid results, tender invitations, request documents, and investor selection results, while sending them to the review organization.

2. The review organization prepares a report on the review of the investor selection plan, invitation for preliminary bids, preliminary bid results, tender invitations, request documents, and investor selection results to submit to the competent authority.

3. The competent authority approves the investor selection plan, invitation for preliminary bids, preliminary bid results, tender invitations, request documents, and investor selection results based on the submitted documents and the review report.

4. The Government shall provide detailed regulations on this matter.

Article 58. Evaluation Methods for Tender Documents

1. The evaluation methods for tender documents include: service price method, state capital contribution method, social benefit and state interest method, and combined method.

2. The evaluation criteria for tender documents include: capability and experience evaluation criteria; technical evaluation criteria; financial evaluation criteria.

3. The Government shall provide detailed regulations on this Article.

Article 59. Awarding the Bid in Investor Selection

1. The selected investor must meet the following conditions:

a) Having valid tender documents or proposal documents;

b) Meeting the requirements for capability and experience;

c)符合适用的技术要求；

d) Meeting the financial requirements;

đ) The project achieving the highest efficiency.

2. For investors not selected, the announcement of the investor selection results must clearly state the reasons why the investor did not win the bid.

Chapter VII

SELECTION OF CONTRACTORS AND INVESTORS ONLINE

Article 60. Online Selection of Contractors and Investors

1. When conducting online selection of contractors and investors, the following contents and procedures shall be carried out on the national bidding system:

a) Publishing bidding information in accordance with Article 8 of this Law;

b) Publishing notices of interest, invitations for preliminary bids, tender invitations, and request documents;

c) Submitting bid bonds, performance bonds, and consortium agreements;

d) Submitting and withdrawing notices of interest, preliminary bid submissions, tender submissions, and proposal submissions;

đ) Opening bids;

e) Evaluating notices of interest, preliminary bid submissions, tender submissions, and proposal submissions;

g) Signing and paying contracts;

h) Other related contents.

2. The Government shall provide detailed regulations on the online selection of contractors and investors and the implementation timeline.

Article 61. Requirements for the National Bidding System

1. Public access without restriction.

2. Users can recognize real-time when accessing the national bidding system. Time on the national bidding system is real time and serves as the standard time for online bidding.

3. Continuous, consistent, stable, secure operation, user authentication capability, data security, and integrity.

4. Recording and retrieving transaction history on the national bidding system.

5. Ensuring that contractors and investors cannot submit notices of interest, preliminary bid submissions, tender submissions, and proposal submissions to the tenderer after the bid closing time.

Chapter VIII

CONTRACT

Section 1

CONTRACTS WITH CONTRACTORS

Article 62. Types of Contracts

1. Lump-sum Contract:

a) A lump-sum contract is a contract with a fixed price throughout the entire duration of performance for the entire scope of work stipulated in the contract. Payment for a lump-sum contract may be made in installments during the performance period or in one lump sum upon completion of the contract. The total amount paid to the contractor until the completion of all contractual obligations shall equal the fixed price stated in the contract;

b) When applying a lump-sum contract, the bid package price used as the basis for award approval must include costs for potential risk factors that may occur during the contract's execution, as well as contingency costs for inflation. The bid price must encompass all costs for potential risk factors and inflation that may arise during the contract's execution;

c) A lump-sum contract is a basic type of contract. When deciding to apply the types of contracts specified in Clause 2 and Clause 3 of this Article, the person approving the tender plan must ensure that such contracts are more suitable than a lump-sum contract. For tender packages providing consulting services, simple non-consulting services; procurement of goods, construction, and mixed tenders with small scale, a lump-sum contract must be applied;

d) For construction tender packages, during the negotiation and finalization of the contract, the parties involved need to review the quantity list of work according to the approved design; if the contractor or the tender inviter discovers discrepancies between the quantity and volume of work and the design, the tender inviter must report to the project owner for consideration and decision on adjusting the volume of work to align with the design;

e) When applying a lump-sum contract, the project owner for projects, the tender inviter for regular procurement, centralized procurement units, or units requiring procurement for centralized procurement are responsible for the accuracy of the quantity and volume of work. In cases where a consulting contractor is engaged to prepare design documents, tender documents, or request documents, the contract between the project owner, the tender inviter, centralized procurement units, or units requiring procurement and the consulting contractor must specify the responsibilities of each party in handling and compensating for errors in calculating the quantity and volume of work;

2. Fixed Unit Price Contract:

A fixed unit price contract is a contract with a unit price that does not change throughout the entire duration of performance for the entire scope of work stipulated in the contract. The contractor is paid based on the actual quantity and volume of work accepted for payment according to the fixed unit price in the contract;

3. Adjustable Unit Price Contract:

An adjustable unit price contract is a contract with a unit price that can be adjusted based on agreements within the contract for the entire scope of work stipulated in the contract. The contractor is paid based on the actual quantity and volume of work accepted for payment according to the unit price stated in the contract or the adjusted unit price;

4. Time-based Contract:

A time-based contract applies to tender packages providing consulting services. The contract price is calculated based on working hours per month, week, day, or hour, and additional expenses outside of remuneration. The contractor is paid based on actual working hours according to the corresponding remuneration rates for positions and tasks specified in the contract.

Article 63. Contract Documents

1. The contract documents include the following documents:

a) Contract documents;

b) The contract annex containing detailed information on the scope of work, price list, and progress schedule (if applicable);

c) Decision approving the outcome of the tender selection.

2. In addition to the documents specified in Clause 1 of this Article, depending on the scale and nature of the tender package, the contract documents may also include one or more of the following documents:

a) Completion certificate of the contract;

b) Agreement documents of the parties regarding the conditions of the contract, including general conditions and specific conditions;

c) Tender submission documents, proposal documents, and clarifying documents for the tender submission and proposal of the selected bidder;

d) Tender invitation documents, request documents, and documents amending and supplementing the tender invitation and request documents;

đ) Related documents.

3. When there are changes to the contents within the scope of the contract, the parties must sign supplementary annexes to the contract.

Article 64. Conditions for Signing the Contract

1. At the time of signing, the tender submission and proposal documents of the selected bidder must still be valid.

2. At the time of signing, the selected bidder must ensure that they meet the requirements for technical and financial capacity to implement the tender package. If necessary, the project investor for projects, the tender inviter for regular procurement, centralized procurement unit, or the unit with procurement needs for centralized procurement shall verify the bidder's capacity information. Only if the bidder still meets the implementation requirements will the contract be signed.

3. The project investor for projects, the tender inviter for regular procurement, centralized procurement unit, or the unit with procurement needs for centralized procurement must ensure the conditions for advance payment, payment funds, construction site, and other necessary conditions to implement the tender package according to the schedule.

Article 65. Contracts with Selected Bidders

1. After selecting the bidder, the project investor for projects, the tender inviter for regular procurement, centralized procurement unit, or the unit with procurement needs for centralized procurement and the selected bidder must proceed to sign the contract to implement the tender package. For joint venture bidders, all participating members must directly sign and stamp (if applicable) the contract document. The contracts signed between the parties must comply with the provisions of this Law and relevant laws.

2. A tender package can be implemented through one or multiple contracts; within a single contract, one or more types of contracts specified in Article 62 of this Law may be applied. Where multiple types of contracts are applied, it must clearly specify the type of contract corresponding to each specific work content.

3. The contracts signed between the parties must be consistent with the contents in the tender invitation documents, request documents, tender submission documents, proposal documents, contract negotiation results, and decision approving the outcome of the tender selection.

4. The contract price must not exceed the bid price. In cases where additional work volume outside the tender invitation and request documents leads to the contract price exceeding the bid price, the contract price must not exceed the tender package price or the approved budget estimate; if the project or procurement budget includes multiple tender packages, the total contract price must not exceed the total investment amount or the approved procurement budget.

5. The Government stipulates the content of contracts related to bidding.

Article 66. Guarantee for Contract Performance

1. The guarantee for contract performance shall be applied to the selected contractor, except for consultancy service contractors, self-executing contractors, and community participation contractors.

2. The selected contractor must implement the guarantee for contract performance before the contract becomes effective.

3. Based on the scale and nature of the tender package, the amount of the guarantee for contract performance shall be stipulated in the tender invitation documents and request documents at a level from 2% to 10% of the bid price.

4. The validity period of the guarantee for contract performance shall run from the date the contract becomes effective until the date both parties complete their obligations under the contract or the date the warranty obligation takes effect if there is a warranty provision. In cases where the contract duration needs to be extended, the contractor must correspondingly extend the validity period of the guarantee for contract performance.

5. The contractor shall not be entitled to refund the guarantee for contract performance in the following cases:

a) Refusing to perform the contract when it has become effective;

b) Violating the agreement in the contract;

c) Performing the contract with delay due to its own fault but refusing to extend the validity period of the guarantee for contract performance.

Article 67. Principles for Amending Contracts

1. The amendment of contracts must be specifically provided for in the contract documents and the documents agreeing on the conditions of the contract (if any).

2. The amendment of contracts can only be applied during the time the contract remains effective.

3. The adjustment of contract prices can only be applied to fixed-price contracts, adjustable-price contracts, and time-based contracts.

4. The contract price after adjustment must ensure that it does not exceed the tender package price or the approved budget estimate. In cases where the project or procurement budget includes multiple tender packages, the total contract price after adjustment must ensure that it does not exceed the total investment ceiling or the approved procurement budget.

5. For adjustable-price contracts, the adjustment of unit prices shall be implemented from the date the factors causing price changes arise and shall only apply to the quantities performed according to the schedule recorded in the contract or the adjusted schedule as stipulated in Clause 6 and Clause 7 of this Article.

6. The progress of contract performance may only be adjusted in the following cases:

a) Force majeure events unrelated to violations or negligence of the contracting parties;

b) Changes in the scope of work, design, or construction methods due to objective requirements affecting the progress of contract performance;

c) The handover of the site not in accordance with the agreements in the contract affecting the progress of contract performance without being caused by the contractor's fault.

7. In cases where adjusting the progress of contract performance does not extend the completion deadline of the project, the contracting parties shall agree and unify the adjustment. In cases where adjusting the progress of contract performance extends the completion deadline of the project, a report must be submitted to the competent authority for examination and decision.

Section 2

CONTRACT WITH INVESTOR

Article 68. Types of Contracts

Contracts in investor selection include: Build-Operate-Transfer (BOT) contracts, Build-Transfer-Operate (BTO) contracts, Build-Own-Operate (BOO) contracts, Build-Transfer (BT) contracts, and other types of contracts as prescribed by laws on investment.

Article 69. Contract Documents

1. The contract documents include the following documents:

a) Contract documents;

b) Contract appendices (if any);

c) Minutes of contract negotiations;

d) Decision approving the results of investor selection;

đ) Agreements between the parties regarding the conditions of the contract, including general conditions and specific conditions;

e) Bid documents, proposal documents, and clarifications to bid documents and proposal documents of the selected investor;

g) Tender invitation documents, request for proposal documents, and amendments and supplements to tender invitation documents and request for proposal documents;

h) Related documents.

2. When there are changes to the contents within the scope of the contract, the parties must sign supplementary contract appendices.

Article 70. Conditions for Signing Contracts

1. At the time of signing, the bid documents and proposal documents of the selected investor remain valid.

2. At the time of signing, the selected investor must ensure that they meet the requirements for technical and financial capacity to implement the project. In necessary cases, the authorized person shall verify the information on the investor's capacity, and only proceed with signing the contract if the requirements for implementing the project are still met.

3. The competent state agency must ensure the conditions regarding the State's capital contribution, construction site, and other necessary conditions to implement the project according to schedule.

Article 71. Contracts with Selected Investors

1. After selecting an investor, the competent state agency signs a contract with the selected investor or with the selected investor and the project enterprise. For a consortium investor, all members of the consortium must directly sign and affix their seals (if applicable) on the contract document. The contracts signed between the parties must comply with the provisions of this Law and other relevant laws.

2. The contracts signed between the parties must be consistent with the contents in the tender invitation documents, request for proposal documents, bid documents, proposal documents, negotiation results, decision approving the results of investor selection, and investment agreement documents.

Article 72. Guarantee for Contract Performance

1. The selected investor must implement measures to guarantee contract performance before the contract becomes effective.

2. Based on the scale and nature of the project, the guarantee amount for contract performance is specified in the tender invitation documents and request for proposal documents at a level from 1% to 3% of the total investment value of the project.

3. The validity period of the guarantee for contract performance runs from the date the contract is officially signed until the completion and acceptance of the works or the completion of service provision conditions as stipulated in the contract. If it is necessary to extend the contract implementation period, the investor must correspondingly extend the validity period of the guarantee for contract performance.

4. The investor may not be refunded the guarantee for contract performance in the following cases:

a) Refusing to perform the contract when it has become effective;

b) Violating the agreement in the contract;

c) Performing the contract with delay due to its own fault but refusing to extend the validity period of the guarantee for contract performance.

Chapter IX

RESPONSIBILITIES OF THE PARTIES IN SELECTING CONTRACTORS AND INVESTORS

Article 73. Responsibilities of the Authorized Person

1. Approve the plan for selecting contractors and investors, except in cases provided for in point a, Clause 1, Article 74 of this Law.

2. Resolve complaints during the process of selecting contractors and investors.

3. Handle violations related to bidding in accordance with the provisions of this Law and other relevant laws.

4. Cancel the tender in accordance with Clauses 2, 3, and 4 of Article 17 of this Law.

5. Suspend the tender, not recognize the results of contractor selection, or declare invalid decisions made by the project owner or tenderer when discovering violations related to bidding or other relevant legal provisions.

6. Organize inspections, supervision, and monitoring of bidding activities and contract execution.

7. For contractor selection, in addition to the provisions of Clauses 1, 2, 3, 4, 5, and 6 of this Article, the authorized person also has the following responsibilities:

a) Adjust the tasks and authority of the project owner in cases where they do not meet the legal provisions on bidding and the requirements of the project or tender package;

b) Require the project owner and tenderer to provide documents and materials to serve inspection, supervision, monitoring, complaint resolution, handling of bidding violations, and work as stipulated in Clause 4 and Clause 5 of this Article;

c) Provide opinions on the handling of complex situations as proposed by the project owner under point a, Clause 2, Article 86 of this Law.

8. For investor selection, in addition to the provisions of Clauses 1, 2, 3, 4, 5, and 6 of this Article, the authorized person also has the following responsibilities:

a) Decide on the selection of the tenderer;

b) Approve preliminary tender invitation documents, preliminary selection results, tender invitation documents, request for proposal documents, and investor selection results;

c) Decide on the handling of situations;

d) Sign and manage the implementation of contracts;

đ) Cancel the tender in accordance with Clause 1 of Article 17 of this Law;

e) Require the tenderer to provide documents and materials to serve inspection, supervision, monitoring, complaint resolution, handling of bidding violations, and work as stipulated in Clause 4 and Clause 5 of this Article.

9. Decide to establish a tenderer with personnel meeting the conditions prescribed by this Law for investor selection and regular procurement. If the personnel do not meet the conditions, a professional tendering organization must be selected to act as the tenderer or perform some of the tenderer's tasks.

10. Compensate for losses in accordance with the law for related parties if such losses are caused by their own fault.

11. Explain the implementation of the provisions of this Article upon request by higher-level agencies, inspection agencies, auditing agencies, and state management agencies overseeing bidding activities.

12. Fulfill other responsibilities as prescribed by this Law.

Article 74. Responsibilities of the Project Owner

1. Approve contents during the process of selecting contractors, including:

a) The bidding plan in cases where the tender package is implemented before the project approval decision is made;

b) Tender invitation documents, prequalification documents, shortlist;

c) Tender documents, request for proposal documents;

d) Contractor ranking list;

đ) Selection results of contractors.

2. Sign or authorize signing and manage the implementation of contracts with contractors.

3. Decide to establish the tender inviter with personnel meeting the conditions stipulated by this Law. In cases where personnel do not meet these conditions, a professional tendering organization must be selected to act as the tender inviter or perform some tasks of the tender inviter.

4. Decide on handling situations.

5. Resolve complaints during the selection process of contractors.

6. Safeguard related documents during the selection process of contractors.

7. Store related information during the selection process of contractors in accordance with the laws on archiving and government regulations.

8. Report annual procurement activities.

9. Compensate for damages according to the law for related parties if such damage is caused by their own fault.

10. Cancel the tender in accordance with Clause 1, Article 17 of this Law.

11. Be responsible under the law and competent authorities for the contractor selection process.

12. Provide relevant information, documents, and explain the implementation of provisions of this Article at the request of competent authorities, inspection agencies, auditing agencies, and state management agencies overseeing procurement activities.

13. If the project owner is also the tender inviter, they must also fulfill the responsibilities stipulated in Article 75 of this Law.

14. Fulfill other responsibilities as prescribed by this Law.

Article 75. Responsibilities of the Tender Inviter

1. For selecting contractors for tender packages within projects:

a) Prepare for contractor selection; organize the selection of contractors, evaluate interest documents, prequalification documents, bid documents, proposal documents;

b) Decide to establish an expert team;

c) Require contractors to clarify interest documents, prequalification documents, bid documents, proposal documents during the evaluation process;

d) Submit for approval the shortlist selection results, contractor selection results;

đ) Negotiate and finalize contracts with contractors;

e) Compensate for damages according to the law for related parties if such damage is caused by their own fault;

g) Safeguard documents during the selection process of contractors;

h) Ensure honesty, objectivity, and fairness during the selection process of contractors;

i) Provide information to the Procurement Newspaper and the National Procurement Network System; provide relevant information, documents, and explain the implementation of provisions of this paragraph at the request of competent authorities, project owners, inspection agencies, auditing agencies, and state management agencies overseeing procurement activities;

k) Be responsible under the law and project owners for the contractor selection process.

2. For selecting contractors in regular procurement, in addition to the responsibilities specified in points a, b, c, d, đ, e, g, h, and i of Clause 1 of this Article, the tender inviter must also fulfill the following responsibilities:

a) Approve tender invitation documents, request for proposal documents;

b) Approve contractor selection results;

c) Sign and manage the implementation of contracts with contractors;

d) Decide on handling situations;

đ) Resolve complaints during the selection process of contractors;

e) Cancel the tender in accordance with Clause 1, Article 17 of this Law;

g) Be responsible under the law and competent authorities for the contractor selection process;

h) Store related information during the selection process of contractors in accordance with the laws on archiving and government regulations;

i) Provide information to the Procurement Newspaper and the National Procurement Network System; provide relevant information, documents, and explain the implementation of provisions of this paragraph at the request of competent authorities, inspection agencies, auditing agencies, and state management agencies overseeing procurement activities;

k) Report annual procurement activities.

3. For selecting investors:

a) Prepare for investor selection; organize investor selection; organize the evaluation of prequalification documents, bid documents, proposal documents in accordance with this Law;

b) Decide to establish an expert team;

c) Require investors to clarify prequalification documents, bid documents, proposal documents during the evaluation process;

d) Submit for approval prequalification invitation documents, prequalification results, tender invitation documents, request for proposal documents, investor selection results;

đ) Negotiate contracts with investors;

e) Compensate for damages to related parties if such damage is caused by their own fault according to the law;

g) Safeguard documents during the selection process of investors;

h) Store related information during the selection process of investors in accordance with the laws on archiving and government regulations;

i) Resolve complaints during the selection process of investors;

k) Ensure honesty, objectivity, and fairness during the selection process of investors;

l) Provide information to the Procurement Newspaper and the National Procurement Network System; provide relevant information, documents, and explain the implementation of provisions of this paragraph at the request of competent authorities, inspection agencies, auditing agencies, and state management agencies overseeing procurement activities.

4. Fulfill other responsibilities as prescribed by this Law.

Article 76. Responsibilities of the Expert Team

1. To be honest, impartial, and fair during the performance of their tasks.

2. To evaluate the interested party files, prequalification application files, bidding application files, and proposal files in accordance with the requirements.

3. To report to the tenderer on the results of evaluating the interested party files, prequalification application files, bidding application files, and proposal files, and the ranking list of contractors and investors.

4. To maintain confidentiality of related documents during the selection process for contractors and investors.

5. To retain their opinions.

6. To compensate for damages according to the provisions of the law for related parties if such damages are caused by their fault.

7. To provide relevant information, documents, and explanations regarding the implementation of the provisions of this Article upon request from authorized persons, project sponsors, tenderers, inspection agencies, supervisory agencies, and state management agencies overseeing public procurement activities.

8. To perform other responsibilities as prescribed by this Law.

Article 77. Responsibilities of Contractors and Investors

1. To request the tenderer to clarify the interested party invitation files, prequalification invitation files, bidding invitation files, and request files.

2. To fulfill commitments under signed contracts and with subcontractors (if any).

3. To make recommendations, complaints, and reports during the bidding process.

4. To comply with the laws and regulations governing public procurement.

5. To ensure honesty and accuracy during the bidding process, making recommendations, complaints, and reports.

6. To compensate for damages according to the provisions of the law for related parties if such damages are caused by their fault.

7. To provide relevant information, documents, and explanations regarding the implementation of the provisions of this Article upon request from authorized persons, project sponsors, tenderers, inspection agencies, supervisory agencies, and state management agencies overseeing public procurement activities.

8. To perform other responsibilities as prescribed by this Law and other relevant laws.

Article 78. Responsibilities of the Appraisal Organization

1. To operate independently and comply with the provisions of this Law and other relevant laws when conducting appraisals.

2. Request the project owner or tender inviter to provide all related documents.

3. To maintain confidentiality of documents during the appraisal process.

4. Be honest, impartial, and fair during the appraisal process.

5. To retain their opinions and be responsible for the appraisal report.

6. To compensate for damages according to the provisions of the law for related parties if such damages are caused by their fault.

7. To provide relevant information, documents, and explanations regarding the implementation of the provisions of this Article upon request from authorized persons, project sponsors for projects, tenderers for regular procurement and centralized procurement, inspection agencies, supervisory agencies, and state management agencies overseeing public procurement activities.

8. To perform other responsibilities as prescribed by this Law.

Article 79. Responsibilities of Tenderers Participating in the National Procurement Network System

In addition to the responsibilities stipulated in Article 75 of this Law, tenderers participating in the national procurement network system shall also have the following responsibilities:

1. To equip information technology infrastructure meeting the requirements for online procurement.

2. To manage and not disclose the secret key of issued digital certificates. In case the tenderer loses a digital certificate or discovers its unauthorized use, they must immediately notify the digital signature service provider to revoke and issue a new digital certificate; extend the validity period of the digital certificate to ensure it remains valid throughout the entire procurement process.

3. To bear legal responsibility for the accuracy and honesty of the information registered and published on the national procurement network system when logging in with their own digital certificate.

4. To check and confirm the publication of their information entered into the national procurement network system.

5. To comply with the provisions of this Law and other relevant laws.

Article 80. Responsibilities of Contractors and Investors Participating in the National Bidding Network System

In addition to the responsibilities stipulated in Article 77 of this Law, contractors and investors participating in the national bidding network system shall also have the following responsibilities:

1. Equip information technology infrastructure when participating in online bidding;

2. Manage and not disclose the secret key of the issued digital certificate. In case the user belonging to the contractor or investor loses the digital certificate or discovers that a third party is using their unit's digital certificate, they must immediately change the secret key of the digital certificate, revoke the digital certificate according to the guidance of the service provider organization for digital signature certification; extend the validity period of the digital certificate to ensure that the digital certificate remains valid throughout the entire bidding process;

3. Bear legal responsibility for the accuracy and honesty of the information registered and published on the national bidding network system when logging in with their own digital certificate;

4. Bear responsibility for the results when participating in online bidding in cases where technical issues from the contractor's or investor's side cause the documents to be unopenable and unreadable;

5. To comply with the provisions of this Law and other relevant laws.

Chapter X

STATE MANAGEMENT OF BIDDING ACTIVITIES

Article 81. Contents of State Management of Bidding Activities

1. Enactment, dissemination, promotion, guidance, and implementation of legal regulations and policies on bidding;

2. Issuing professional practice certificates for bidding activities;

3. Managing training and capacity building for bidding activities;

4. Summarizing, evaluating, and reporting on the implementation of bidding activities;

5. Managing information systems and databases on bidding nationwide;

6. Monitoring, supervising, inspecting, investigating complaints and reports, and handling violations of bidding laws as prescribed by this Law and other relevant laws;

7. International cooperation on bidding;

Article 82. Responsibilities of the Government and the Prime Minister

1. The Government shall uniformly manage state affairs concerning bidding activities nationwide;

2. The Prime Minister shall perform the following responsibilities:

a) Decide on bidding contents stipulated in Article 73 of this Law for projects within his/her authority;

b) Approve tender selection plans for contractors and investors in special cases;

c) Direct inspection work, handle complaints and reports, and deal with violations in bidding activities as prescribed by this Law and other relevant laws;

d) Perform other responsibilities as prescribed by this Law and other relevant laws;

Article 83. Responsibilities of the Ministry of Planning and Investment

1. Be responsible before the Government for uniformly managing state affairs concerning bidding activities nationwide as stipulated in Article 81 of this Law;

2. In addition to the provisions of Clause 1 of this Article, the Ministry of Planning and Investment shall have the following responsibilities:

a) Review tender selection plans for contractors and investors of projects within the Prime Minister’s authority to consider and decide;

b) Develop, manage, and guide the use of the national bidding network system and the Bidding Report;

c) Carry out other bidding tasks assigned by the Government and the Prime Minister.

Article 84. Responsibilities of Ministries, Equivalent Ministries, and People's Committees at all levels

Within their respective tasks and powers, Ministries, Equivalent Ministries, and People's Committees at all levels shall have the following responsibilities:

1. Implement management of tendering activities;

2. Summarize, evaluate, and report on the implementation of bidding activities;

3. Resolve complaints in bidding activities;

4. Inspect, audit, resolve complaints and handle violations of laws on bidding;

5. Organize training for officials, civil servants, and employees involved in bidding activities;

6. In cases where the Minister, Head of Equivalent Ministry, or Chairman of People's Committee at all levels is the authority, they must also fulfill the responsibilities stipulated in Article 73 of this Law; if they are the project owner, they must also fulfill the responsibilities stipulated in Article 74 of this Law.

Article 85. Responsibilities of Organizations Operating the National Bidding Network System

1. Manage and operate the national bidding network system.

2. Ensure information security during online bidding in accordance with regulations.

3. Provide guidance services to project owners, tenderers, contractors, investors to carry out online bidding and register and post information on the national bidding network system.

4. Store information for tracking, monitoring, inspecting, auditing purposes.

5. Publicly announce infrastructure conditions for information technology users when participating in online bidding.

Article 86. Handling of Situations

1. Handling situations involves resolving cases arising in bidding that are not specifically or clearly defined in the bidding laws. The person deciding on the handling of situations must be responsible under the law for their decision based on ensuring the following principles:

a) Competition, fairness, transparency, and economic efficiency;

b) Based on the procurement plan for contractors, investors; tender documents, prequalification documents, tender documents, request documents; interest documents, prequalification application documents, tender application documents, proposal documents; selection results of contractors, investors; contracts signed with selected contractors, investors; actual implementation situation of the bidding package, project.

2. Authority to handle situations in bidding:

a) For selecting contractors to implement bidding packages within projects, the person deciding on the handling of situations is the project owner. In complex cases, the project owner decides on the handling of situations after consulting the authority;

b) For selecting contractors in regular procurement, centralized procurement, the person deciding on the handling of situations is the tenderer;

c) For selecting investors, the person deciding on the handling of situations is the authority.

3. The Government shall provide detailed regulations on this Article.

Article 87. Inspection, Supervision, and Monitoring of Bidding Activities

1. Inspection of bidding activities:

a) Inspection of bidding activities is conducted on organizations and individuals related to bidding activities as prescribed in this Law;

b) Inspection of bidding activities is specialized inspection in the field of bidding. The organization and operation of bidding inspections are carried out in accordance with the law on inspection.

2. Examination of bidding activities:

a) Examination of bidding activities includes: examination of the issuance of bidding guidance documents by ministries, sectors, localities, and enterprises; examination of bidding training; examination of the establishment and approval of procurement plans for contractors, investors; examination of the organization of contractor and investor selection; signing of contracts and other activities related to bidding;

b) Examinations of bidding are conducted regularly or at random according to the decision of the head of the competent authority.

3. Oversight of bidding activities:

Oversight of bidding activities is a regular task of the authority to ensure that the process of selecting contractors and investors complies with the provisions of this Law.

4. The Government shall provide detailed regulations on this matter.

Article 88. Complaints and Reports

The complaints and reports regarding bidding activities and the resolution of such complaints and reports shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter XI

PROHIBITED CONDUCT AND VIOLATION HANDLING IN BIDDING

Article 89. Prohibited Conduct in Bidding

1. Giving, receiving, or brokering bribery.

2. Misusing authority to illegally interfere with bidding activities.

3. Collusion, including the following acts:

a) Agreeing on withdrawal from bidding or withdrawing previously submitted bids so that one or more parties involved in the agreement win the bid.

b) Agreeing for one or more parties to prepare bidding documents for other participating parties so that one party wins the bid.

c) Agreeing to refuse supply of goods, not sign subcontract agreements, or other forms of hindrance to parties not involved in the agreement.

4. Fraud, including the following acts:

a) Intentionally misrepresenting or distorting information, documents, or files of a party in the bidding process to obtain financial benefits or other advantages or to evade any obligation.

b) Individuals directly evaluating interested party documents, prequalification documents, bidding documents, proposal documents, shortlisted results, selection results of contractors or investors intentionally reporting inaccurately or providing false information to distort the selection results of contractors or investors.

c) Contractors or investors intentionally providing false information in interested party documents, prequalification documents, bidding documents, proposal documents to distort the selection results of contractors or investors.

5. Obstruction, including the following acts:

a) Destroying, deceiving, altering, concealing evidence, or falsely reporting; threatening, harassing, or suggesting to any party to prevent the clarification of bribery, fraud, or collusion acts to competent authorities responsible for supervision, inspection, audit, and investigation.

b) Acts obstructing contractors, investors, or competent authorities responsible for supervision, inspection, audit, and investigation.

6. Failure to ensure fairness and transparency, including the following acts:

a) Participating in bidding as a contractor or investor for a tender package or project where they are the tender inviter or project owner or performing tasks of the tender inviter or project owner.

b) Participating in preparing, and simultaneously participating in reviewing interested party documents, prequalification documents, bidding documents, request documents for the same tender package or project.

c) Participating in evaluating bidding documents, proposal documents, and simultaneously participating in reviewing the selection results of contractors or investors for the same tender package or project.

d) Being an individual belonging to the tender inviter or project owner but directly participating in the selection process of contractors or investors or participating in the expert team, review team of the selection results of contractors or investors or being the head of a state agency with authority, project owner, or tender inviter for tender packages or projects where their biological parents, in-laws, spouse, children, adopted children, daughters-in-law, sons-in-law, siblings, or legal representatives of participating contractors or investors are the bidders.

đ) A contractor participating in bidding for a procurement tender package for goods or construction where they previously provided consultancy services.

e) Registering to participate in bidding for a tender package under a project where the project owner or tender inviter is an organization where they worked within the last twelve months.

g) A consultancy contractor simultaneously conducting inspection consultancy for a tender package they supervise.

h) Applying a non-public bidding method when not meeting the conditions stipulated by this Law.

i) Specifying brand or origin requirements in the bidding invitation documents for procurement of goods or construction or mixed tender packages when applying public or restricted bidding methods.

k) Dividing a project or procurement budget into tender packages contrary to the provisions of this Law with the aim of direct assignment or limiting the participation of contractors.

7. Disclosing or accepting the following documents and information about the selection process of contractors or investors, except as provided in point b Clause 7 and point e Clause 8 Article 73, Clause 12 Article 74, point i Clause 1 Article 75, Clause 7 Article 76, Clause 7 Article 78, point d Clause 2 and point d Clause 4 Article 92 of this Law:

a) Content of interested party documents, prequalification documents, bidding documents, request documents before issuance according to regulations.

b) Content of interested party documents, prequalification documents, bidding documents, proposal documents, notebooks, minutes of bid evaluation meetings, comments, and evaluations of each interested party document, prequalification document, bidding document, proposal document before the shortlist and selection results of contractors or investors are publicly announced.

c) Content of requests for clarification of bidding documents, proposal documents by the tender inviter and responses from contractors or investors during the evaluation of bidding documents, proposal documents before the selection results of contractors or investors are publicly announced.

d) Reports of the tender inviter, reports of the expert team, review reports, reports of consultancy contractors, reports of related professional agencies during the selection process of contractors or investors before the selection results of contractors or investors are publicly announced.

đ) Selection results of contractors or investors before being publicly announced according to regulations.

e) Other documents in the selection process of contractors or investors marked as confidential according to the law.

8. Subcontracting, including the following acts:

a) A contractor subcontracting part of the work in the tender package valued at 10% or more, or less than 10% but over 50 billion VND (after deducting the portion of work under the responsibility of subcontractors) based on the signed contract value.

b) Project owners or supervising consultants approving a contractor to subcontract work under their responsibility, excluding the portion of work under the responsibility of declared subcontractors in the contract.

9. Organizing the selection of contractors when the funding source for the tender package has not been determined, leading to contractor capital arrears.

Article 90. Handling Violations

1. Organizations and individuals violating laws on bidding and other relevant legal provisions shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if the violation of laws on bidding causes damage to the interests of the State, the rights and legitimate interests of organizations and individuals, they must compensate for the damage in accordance with the provisions of the law.

2. In addition to being handled according to the provisions of Clause 1 of this Article, organizations and individuals violating laws on bidding may also be prohibited from participating in bidding activities and listed in the national bidding network system as violators, depending on the nature and severity of the violation.

3. The authority to prohibit participation in bidding activities is defined as follows:

a) The person authorized to issue decisions prohibiting participation in bidding activities within their management scope for projects and procurement budgets; in cases of serious violations, they propose that the Minister, Head of a ministerial-level agency, Chairman of the People's Committee of a province or centrally-run city issue decisions prohibiting participation in bidding activities within the management scope of the ministry, sector, or locality, or propose that the Minister of Planning and Investment issue decisions prohibiting participation in bidding activities nationwide.

b) The Minister, Head of a ministerial-level agency, Chairman of the People's Committee of a province or centrally-run city issues decisions prohibiting participation in bidding activities within their management scope for cases proposed by the authorized person under point a of this clause.

c) The Minister of Planning and Investment issues decisions prohibiting participation in bidding activities nationwide for cases proposed by the authorized person under point a of this clause.

4. Publicizing the handling of violations:

a) Decisions on handling violations must be sent to the organization or individual being penalized and related agencies, and simultaneously sent to the Ministry of Planning and Investment for monitoring and summarization;

b) Decisions on handling violations must be published on the Bidding Newspaper and the national bidding network system.

5. The Government shall provide detailed regulations on this matter.

Chapter XII

SETTLEMENT OF COMPLAINTS AND DISPUTES IN BIDDING

Section 1

SETTLEMENT OF COMPLAINTS IN BIDDING

Article 91. Settlement of complaints in bidding

1. When their rights and legitimate interests are affected, contractors and investors have the right:

a) To lodge complaints with the tenderer, project owner, or authorized person regarding issues during the selection process of contractors and investors; regarding the results of the selection of contractors and investors in accordance with the complaint resolution procedure stipulated in Article 92 of this Law;

b) To initiate legal proceedings at any time, including during the complaint resolution process or after the resolution result has been issued.

2. Contractors and investors who have initiated legal proceedings cannot submit complaints to the tenderer, project owner, or authorized person. If contractors and investors initiate legal proceedings while the complaint resolution process is ongoing, the complaint resolution process will immediately cease.

Article 92. Complaint Resolution Procedure

1. The complaint resolution procedure for issues during the contractor selection process is as follows:

a) Contractors can send a complaint letter to the project owner for projects; to the tenderer for regular procurement and centralized procurement from the occurrence of the event until before the announcement of the selection results;

b) The project owner or tenderer must send a response letter to the contractor within seven working days from the date of receipt of the contractor's complaint letter;

c) If the project owner or tenderer does not send a response letter or the contractor disagrees with the resolution result, the contractor has the right to send a complaint letter to the authorized person within five working days from the end of the reply period or the date of receipt of the project owner or tenderer's resolution letter;

d) The authorized person must send a response letter to the contractor within five working days from the date of receipt of the contractor's complaint letter.

2. The complaint resolution procedure for the results of the contractor selection process is as follows:

a) Contractors can send a complaint letter to the project owner for projects; to the tenderer for regular procurement and centralized procurement within ten days from the date of the announcement of the selection results;

b) The project owner or tenderer must send a response letter to the contractor within seven working days from the date of receipt of the contractor's complaint letter;

c) If the project owner or tenderer does not send a response letter or the contractor disagrees with the resolution result, the contractor has the right to send a complaint letter simultaneously to the authorized person and the Dispute Resolution Advisory Board within five working days from the end of the reply period or the date of receipt of the project owner or tenderer's resolution letter. The central-level Dispute Resolution Advisory Board is established by the Minister of Planning and Investment; the ministry-level and equivalent-level board is established by the Minister or Deputy Minister of the equivalent-level agency; the local-level board is established by the head of the local state management agency responsible for bidding activities;

d) Upon receiving the complaint letter, the Dispute Resolution Advisory Board has the right to request the contractor, project owner, tenderer, and related agencies to provide information for review and report to the authorized person on the resolution plan and content within twenty days from the date of receipt of the contractor's complaint letter.

d) In cases where necessary, the Advisory Board shall base its recommendation on the bidder's complaint document to request the competent authority to consider temporarily suspending the tender. If approved, within five working days from the date of receipt of the Advisory Board’s recommendation document, the competent authority shall issue a notification to temporarily suspend the tender. The suspension notice must be sent to the project owner, the tender inviter, and the bidder within three working days from the date of issuance of the suspension notice. The period of suspension shall be counted from the day the project owner and the tender inviter receive the suspension notice until the day the competent authority issues the decision resolving the complaint.

e) The competent authority shall issue a decision resolving the complaint regarding the selection result within five working days from the date of receipt of the Advisory Board’s recommendation document.

3. The process for handling complaints about issues during the investor selection process is as follows:

a) The investor shall submit a complaint document to the tender inviter from the time the incident occurs until before the announcement of the investor selection results.

b) The tender inviter shall send a resolution document to the investor within fifteen days from the date of receipt of the investor's complaint document.

c) In cases where the tender inviter does not issue a resolution document or the investor disagrees with the resolution result, the investor has the right to submit a complaint document to the competent authority within five working days from the expiration date of the response or the date of receipt of the resolution document from the tender inviter.

d) The competent authority shall send a resolution document to the investor within five working days from the date of receipt of the investor's complaint document.

4. The process for handling complaints about the investor selection results is as follows:

a) The investor shall submit a complaint document to the tender inviter within ten days from the date of announcement of the investor selection results.

b) The tender inviter shall send a resolution document to the investor within fifteen days from the date of receipt of the investor's complaint document.

c) In cases where the tender inviter does not issue a response document or the investor disagrees with the resolution result, the investor has the right to simultaneously submit a complaint document to the competent authority and the Advisory Board for Complaint Resolution within five working days from the expiration date of the response or the date of receipt of the resolution document from the tender inviter.

d) Upon receiving the complaint document, the Advisory Board for Complaint Resolution may request the investor, the tender inviter, and related agencies to provide information for review and issue a report to the competent authority on the resolution plan and content within thirty days from the date of receipt of the investor's complaint document.

đ) Trong trường hợp cần thiết, Hội đồng tư vấn giải quyết kiến nghị căn cứ văn bản kiến nghị của nhà đầu tư đề nghị người có thẩm quyền xem xét tạm dừng cuộc thầu. Nếu chấp thuận, trong thời hạn 10 ngày, kể từ ngày nhận được văn bản của Hội đồng tư vấn giải quyết kiến nghị, người có thẩm quyền có văn bản thông báo tạm dừng cuộc thầu. Văn bản tạm dừng cuộc thầu phải được gửi đến bên mời thầu, nhà đầu tư trong thời hạn 05 ngày làm việc, kể từ ngày ra văn bản thông báo tạm dừng cuộc thầu. Thời gian tạm dừng cuộc thầu được tính từ ngày bên mời thầu nhận được thông báo tạm dừng đến khi người có thẩm quyền ban hành văn bản giải quyết kiến nghị;

e) Người có thẩm quyền ban hành quyết định giải quyết kiến nghị về kết quả lựa chọn nhà đầu tư trong thời hạn 10 ngày, kể từ ngày nhận được ý kiến bằng văn bản của Hội đồng tư vấn giải quyết kiến nghị.

5. Trường hợp nhà thầu, nhà đầu tư gửi văn bản kiến nghị trực tiếp đến người có thẩm quyền mà không tuân thủ theo quy trình giải quyết kiến nghị quy định tại Điều này thì văn bản kiến nghị không được xem xét, giải quyết.

6. Chính phủ quy định chi tiết Điều này.

Mục 2

GIẢI QUYẾT TRANH CHẤP TRONG ĐẤU THẦU TẠI TÒA ÁN

Điều 93. Nguyên tắc giải quyết

Việc giải quyết tranh chấp trong đấu thầu tại Tòa án được thực hiện theo quy định của pháp luật về tố tụng dân sự.

Điều 94. Quyền yêu cầu Tòa án áp dụng biện pháp khẩn cấp tạm thời

Khi khởi kiện, các bên có quyền yêu cầu Tòa án tạm dừng ngay việc đóng thầu; phê duyệt danh sách ngắn; phê duyệt kết quả lựa chọn nhà thầu, nhà đầu tư; ký kết hợp đồng; thực hiện hợp đồng và các biện pháp khẩn cấp tạm thời khác theo quy định của pháp luật.

Chương XIII

ĐIỀU KHOẢN THI HÀNH

Điều 95. Hiệu lực thi hành

1. Luật này có hiệu lực thi hành từ ngày 01 tháng 7 năm 2014.

2. Luật Đấu thầu số 61/2005/QH11 hết hiệu lực thi hành kể từ ngày Luật này có hiệu lực thi hành.

3. Bãi bỏ Mục 1 Chương VI Luật Xây dựng số 16/2003/QH11 và Điều 2 Luật sửa đổi, bổ sung một số điều của các luật liên quan đến đầu tư xây dựng cơ bản số 38/2009/QH12.

Điều 96. Quy định chi tiết

Chính phủ quy định chi tiết các điều, khoản được giao trong Luật.

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Luật này đã được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XIII, kỳ họp thứ 6 thông qua ngày 26 tháng 11 năm 2013.