Decree No. 43-CP Issuing the Bidding Regulation

DECREE
Issued Procurement Bidding Regulations

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
At the proposal of the Ministers of Planning and Investment, Construction, and Trade,

DECREE:

Article 1.- These bidding regulations are hereby promulgated together with this Decree.

Article 2.- This Decree shall take effect from the date of signature. All previous provisions contrary to this Decree are repealed.

Article 3.- The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, and project sponsors are responsible for implementing this Decree.

The Ministry of Planning and Investment shall be primarily responsible for coordinating with the Ministry of Construction, the Ministry of Trade, and relevant ministries and sectors to guide and supervise the implementation of these bidding regulations promulgated together with this Decree.

                                

                                                              (Signed)
                                        

REGULATIONS

                                         BIDDING REGULATIONS

(Issued together with Government Decree No. 43/CP dated July 16, 1996)

These bidding regulations are issued to unify the management of bidding activities throughout the country, ensuring correctness, objectivity, fairness, and competitiveness in bidding for projects or parts of investment projects concerning the selection of consultants, procurement of materials and equipment, and construction works to implement investment projects on the territory of the Socialist Republic of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Explanation of terms.

The terms used in these regulations are understood as follows:

1. "Bidding" is the process of selecting contractors who meet the requirements of the tenderer based on competition among contractors.

2. "Bid evaluation" is the process of analyzing and assessing bid documents to select the successful bidder.

3. "Tenderer" is the project sponsor or its authorized representative who has a project requiring bidding.

4. "Investment decision-making authority" means:

The Board of Directors or Management Board if the investment capital belongs to a company or cooperative.

An organization or state agency with authority or delegated authority according to law, if the investment capital is state-owned.

5. "Contractor" is an economic entity that meets the conditions and has legal personality to participate in bidding; the contractor may be an individual in the case of consultant selection bidding.

6. "Bid package" is a work of an investment project divided according to its nature or sequence of implementation, with a reasonable scale and ensuring the integrity of the project to organize the selection of contractors. A bid package can also be the entire project.

7. "Investment and construction consultancy" is an activity providing knowledge and professional experience to the tenderer in considering and deciding on the inspection of investment preparation and implementation processes.

8. "Construction installation" includes works related to the construction and installation of equipment for projects and project components.

9. "Materials and equipment" include complete equipment, individual equipment, finished products, semi-finished products, raw materials, and materials.

10. "Prequalification" is the step of selecting contractors who have the necessary qualifications and capabilities to participate in bidding.

11. "Submission period" is the deadline for submitting bid documents as specified in the tender invitation.

12. "Opening of bids" is the time set for opening bid documents as specified in the tender invitation.

13. "Shortlist" is a narrowed list of contractors selected through the evaluation of bid documents.

Article 2. Scope and objects subject to bidding regulations.

These bidding regulations apply to the selection of contractors for investment projects in Vietnam and must be organized in Vietnam, including:

a) Investment projects approved by the investment decision-making authority according to the Investment and Construction Management Charter.

b) Joint venture (or business cooperation) investment projects with foreign countries of state enterprises with a statutory contribution rate of at least 30% from the Vietnamese side.

c) Investment projects requiring the selection of joint venture partners, 100% foreign capital, or BOT (Build-Operate-Transfer), BT (Build-Transfer).

d) Other investment projects where the project sponsor decides to organize bidding.

e) For projects using financial assistance from international organizations or foreign countries, the agency responsible for negotiating and signing agreements must submit to the Prime Minister for consideration and decision on any provisions different from these regulations before signing.

Article 3. Forms of contractor selection and application methods.

1. Forms of contractor selection:

a) Open bidding.

Open bidding is a form without limiting the number of contractors participating. The tenderer must publicly announce on mass media and clearly specify the conditions and bidding period. For large and complex technical packages, the tenderer must conduct prequalification to select contractors with the necessary qualifications and capabilities to participate in bidding.

b) Restricted bidding.

Restricted bidding is a form of bidding where the tenderer only invites a number of contractors capable of meeting the requirements of the tender invitation.

c) Direct award.

Direct award is a special form applied according to the Investment and Construction Management Charter for packages using state funds permitted to be directly awarded. The tenderer only negotiates contracts with a contractor designated by the investment decision-making authority, and if the requirements are not met, negotiations will proceed with another contractor.

2. Application methods:

a) Single-envelope bidding.

When bidding using this method, the contractor needs to submit technical proposals, financial information, bid prices, and other conditions in a single envelope.

b) Two-envelope bidding.

When bidding under this method, the bidder must submit technical proposals and financial proposals in separate envelopes at the same time. The envelope containing the technical proposal will be reviewed first for evaluation and ranking. The bidder ranked first in terms of technical criteria will then have their financial proposal envelope reviewed. In cases where the bidder does not meet the financial requirements and contract conditions, the tenderer must seek approval from the investment decision authority before inviting the next bidder for review.

c) Two-stage bidding.

This method applies to large and complex projects involving advanced technology and engineering, or turnkey projects. During the review process, the project owner has the opportunity to refine the technical requirements and financial conditions of the tender documentation.

Stage One: Bidders submit initial technical proposals and preliminary financial plans (without pricing) for the tenderer to review and discuss with each bidder individually to reach consensus on technical requirements and standards, enabling the bidder to formally prepare and submit their technical proposal.

Stage Two: The tenderer invites bidders who participated in the first stage to submit completed and detailed technical proposals based on the same technical platform, along with comprehensive financial conditions, implementation schedules, contract conditions, and bid prices for evaluation and ranking.

d) Competitive tendering.

This method is only applicable to small and simple procurement packages for materials and equipment. Each package must receive at least three bids from different bidders based on the tenderer's requirements. The bidder meeting the requirements and having the lowest evaluated bid price will be considered for contract award.

đ) Direct procurement.

This method is applied when the investment decision authority permits the urgent procurement of materials and equipment needed to complete a project, provided that these items were previously tendered and approved by the investment decision authority.

e) Direct assignment.

This method involves immediately selecting a reliable bidder for contract negotiation. It is only applicable to small packages under VND 500 million and those permitted by the Prime Minister for direct assignment. If the assigned bidder does not meet the tenderer's requirements, the project owner may request the investment decision authority to consider changing the bidder for contract negotiation.

f) Self-execution.

This method is only applicable to works as specified in the Investment Management and Construction Regulations.

Article 4. Forms and methods of contract implementation.

The signing of a contract between the tenderer and the successful bidder is mandatory. The contract must be executed according to the following principles:

a) Fully reflecting the commitments of both the tenderer and the successful bidder.

b) The winning bid price recorded in the contract is the price approved by the investment decision authority and cannot be changed during contract execution.

c) Adhering to the provisions of the Contract Law of the Socialist Republic of Vietnam.

Depending on the nature of the package, the form of the contract signed may be:

Consulting contract.

Procurement contract for materials and equipment.

Construction and installation contract.

Project contract.

The method of contract implementation is selected based on the duration and price conditions stipulated in the contract: Lump-sum contract (fixed price contract).

Turnkey contract.

Adjustable price contract.

1. Lump-sum contract: A lump-sum contract is a fixed-price contract applied to clearly defined packages regarding quantity, quality, time, etc. The winning bid price is the contract payment price.

2. Turnkey contract: Only applicable to projects permitted by the investment decision authority to tender the entire project (design, procurement of materials and equipment, construction and installation, etc.). The project owner accepts and takes over upon completion of the contract in accordance with the contents and value stated in the contract.

3. Adjustable price contract: Applied to complex contracts without accurate quantity and volume determination at the time of contract signing or with significant price fluctuations, with a contract execution period of at least 12 months.

An adjustable price contract must clearly specify the list, conditions, formula, and limits of price adjustments approved in writing by the investment decision authority concerning factors causing price fluctuations (labor, raw materials, equipment, etc.).

Article 5. Tender plan for the project.

The tender plan for the project prepared by the tenderer must be approved by the investment decision authority. In cases where it is not yet possible to prepare a full tender plan for the project, the tenderer may prepare partial tender plans for the project according to investment stages.

Contents of the tender plan for the project include:

1. Dividing the project into bidding packages.

2. Estimating the price of each bidding package.

3. Form of selection of contractors and methods to be applied.

4. Time schedule for organizing tenders for each bidding package.

5. Method of contract implementation.

6. Duration of contract implementation.

Article 6. Conditions for inviting bids and participating in bidding.

1. Conditions for inviting bids:

The tenderer must prepare the following documents:

Investment decision document or investment permit from the competent authority. In cases where consulting services are to be selected through bidding to prepare feasibility studies, approval from the investment decision-making authority is required.

Approved bidding plan.

Tender documents (in case of prequalification, prequalification documents must also be included).

2. Conditions for participating in bidding:

Bidders participating in the bidding must meet the following conditions:

Possess a business license or registration for practice.

Have sufficient technical and financial capacity to meet the requirements stated in the tender documents.

Submit a valid bid proposal, and only participate in one bid proposal within one tender package, whether as a sole bidder or as part of a consortium.

Article 7. International bidding conditions and domestic bidder preferences.

1. The project owner may organize international bidding in the following cases:

a) Tender packages that have no or only one domestic bidder meeting the project's requirements.

b) Projects using funds from international organizations or foreign sources that require international bidding according to agreements.

2. Domestic bidders participating in international bidding (as sole bidder or as part of a consortium) will be given priority when their bidding conditions are assessed as equivalent to those of foreign bidders.

3. Domestic bidders who win international tenders will enjoy preferential treatment as stipulated by the State.

4. Foreign bidders participating in international bidding in Vietnam must commit to forming a consortium with a Vietnamese bidder or commit to subcontracting construction works and purchasing materials and equipment that can be produced and processed in Vietnam.

Article 8. Explanation and amendment of bidding documents.

Bidders are not permitted to change their bid proposals after the submission deadline has expired. During the evaluation and comparison of bid proposals, the tenderer may request bidders to clarify certain issues without altering the fundamental content of the bid proposal and the bid price. Any clarifications requested by the tenderer and responses provided by the bidders must be submitted in writing. Clarifications leading to changes in the bid price already proposed will not be considered. The tenderer must retain all clarification requests and related solutions.

Article 9. Bid submission deadlines and validity period of bid proposals.

In the tender documents, the tenderer must clearly specify the bid submission deadline and the validity period of the bid proposals. The bid submission deadline will depend on the scale and complexity of the tender package but shall not exceed 60 days for consulting service selection and procurement of materials and equipment, and 90 days for construction works from the date of issuance of the tender documents. In special cases, if the tenderer needs to amend some contents in the tender documents before the submission deadline expires, they may extend the bid submission deadline. The tenderer must send the amended contents in writing to all participating bidders at least 10 days before the specified submission deadline to allow bidders to complete their bid proposals.

The validity period of the bid proposals is the period from the bid submission deadline to the announcement of the winning bid results. If it is necessary to extend the validity period of the bid proposals, the tenderer must notify the bidders. If a bidder does not accept, they will still be refunded the bid bond.

Article 10. Opening bids, ranking bidders, selecting winners, and announcing bidding results.

1. Opening bids: Bid proposals submitted on time will be accepted and managed confidentially by the tenderer. The opening of bids will be conducted publicly according to the date, time, and location specified in the tender documents. When opening bids, representatives of the local administrative state agencies (provincial or centrally-administered city) must witness and sign to confirm. Representatives of the tenderer and participating bidders (if present) must sign the bid opening record.

The bid opening record must clearly state the tender package name, date, time, and location of the bid opening, names and addresses of the bidders, bid prices (except for consulting service selection), bid bonds (if applicable), supplementary or amended documents, and other details.

Bid proposals that do not comply with the tender documents' provisions will be disqualified.

2. Ranking bidders: Valid bid proposals will be studied, evaluated in detail, and ranked by the tenderer based on the tender documents and evaluation criteria approved by the investment decision-making authority prior to the bid opening.

3. Selecting winners and announcing bidding results:

The bidding results must be submitted to the investment decision-making authority for approval.

The tenderer may only announce the bidding results upon receipt of an approval document for the winning bidder.

Article 11. Currency for bidding and language used in bidding documents.

The currency for bidding is determined by the tenderer in the tender documents. The exchange rate between Vietnamese Dong and foreign currencies is calculated based on the exchange rate published by the State Bank of Vietnam at the time of bid opening.

The language used in bidding documents is Vietnamese (for domestic bidding) or Vietnamese or English (for international bidding).

Article 12. Confidentiality of documents, information.

All agencies, organizations, and individuals involved in bidding and evaluation work must maintain confidentiality of documents, information as follows:

No disclosure of the content of the tender documents to any party before the project owner issues the tender documents.

No taking home or lending to others bid proposals, notebooks, minutes of evaluation meetings, experts' or consultants' comments and evaluations of each bidder, and other related documents marked as top secret or absolute secret.

No disclosure to anyone about the ranking results of bidders before the project owner signs a formal contract with the winning bidder.

If there are indications of a breach of confidentiality, immediate action must be taken in accordance with Article 45 of this Regulation.

 

PART II

BIDDING FOR SELECTION OF CONSULTANTS

Article 13. Content of investment and construction consultancy.

Investment and construction consultancy includes the following types of work:

Investment preparation.

Implementation of investment.

Other consultancy services.

a) Investment preparation consultancy:

Preparation of feasibility study reports.

Review feasibility study report.

Consultants shall not review feasibility study reports they themselves prepare.

b) Investment consulting:

Prepare design, total estimate, and budget estimate.

Review design and total estimate.

Prepare tender documents.

Analyze and evaluate tender submissions.

Supervise construction and installation of equipment.

Consultants shall not review designs, total estimates, and budget estimates they themselves prepare.

c) Other consulting services:

Initial operation.

Implement training programs, technology transfer, and project management.

Article 14. Competence and responsibilities of investment and construction consultants.

Investment and construction consultants must have certificates confirming their professional qualifications appropriate to the requirements of the project.

Investment and construction consultants are responsible before the investor and the law for the accuracy, correctness, and objectivity of their professional work and for completing tasks according to the provisions of the contract.

Article 15. Forms of investment and construction consulting.

Investment and construction consulting can be carried out through the following forms: Hiring consulting organizations with legal personality (companies, firms, units, consortia... of the Government or non-Government) operating under the law.

Directly hiring individual consultant experts (consultant experts may operate independently or within an organization with legal personality).

Article 16. Tendering procedures for selecting investment and construction consultants. The tenderer conducts the selection of consultants through the following steps:

1. Appoint a bidding support team.

2. Prepare the consultant selection outline: Clearly define the purpose, content, scope of work, and implementation plan, as well as the tasks and responsibilities of the consultant. These contents must be clearly stated in the "Reference Terms." The "Reference Terms" also include the responsibilities of the tenderer.

3. Announce the tender.

4. Invite consultants to tender: Tender documents for consultants are sent to selected contractors. Consultant tender documents include:

Invitation to tender.

"Reference Terms."

Basic information related to the project.

Main evaluation criteria.

Detailed appendices.

5. Receive and manage tender submissions.

6. Open tender.

7. Evaluate tender: The evaluation of tender submissions is conducted according to the evaluation criteria specified in the tender documents. In cases where the two-envelope tendering method is applied, the tenderer will first open technical proposals to examine, evaluate, and rank them for approval by the competent authority and include contractors scoring 65% or more of the total points in the ranking list. The contractor ranked first in technical terms will then have their financial proposal opened for examination and invited to negotiate contract terms.

If negotiations with the contractor ranked first in technical terms do not succeed, the tenderer must seek approval from the investment decision-making authority before continuing negotiations with the next-ranked contractor.

Announce the successful bid and sign the contract: Based on the approved tender results, the investor informs all participating contractors, including the successful bidder, and proceeds to formally sign the contract with the successful consultant.

Article 17. Consulting fees.

1. Foreign consulting fees include:

Fees for hiring consultant experts (basic salary, social insurance fees, management fees, company interest, and other allowances).

Costs outside of salary (airfare, travel allowances, office supplies, information, working equipment, training...).

Contingency fee.

The contingency fee can only be used with the approval of the investment decision-making authority, with a maximum limit of no more than 10% of the contract value.

2. Domestic consulting fees are implemented according to current State regulations.

Article 18. Appendix I.

Tender announcements and tender documents for consultants are carried out according to the guidelines in Appendix I attached to this Regulation.

 

CHAPTER III

PROCUREMENT OF MATERIALS AND EQUIPMENT BY TENDERING

Article 19. Tendering procedures.

1. Appoint a bidding support team.

2. Preparation of tender documents:

Tender announcement.

Instructions for contractors.

Requirements for technology, materials, equipment, and technical performance.

Price list.

General conditions and specific conditions of the contract.

Bid bond.

Model contract agreement.

Performance bond.

Preliminary bidding dossier (only applicable to complex technology equipment) shall only state the main requirements for quickly selecting contractors who meet the conditions to continue participating in the bidding process (implemented as with prequalification of construction contractors).

3. Invitation to Bid: The tenderer selects the method of notification to contractors suitable for the bidding form. The provision of tender documents to contractors (sale or free distribution) is regulated by the tenderer.

4. Submission of Bids: Contractors submit their tender documents at the specified location and within the time limit stipulated in the tender invitation documents.

5. Opening of Bids, Ranking of Contractors, Evaluation and Announcement of Award Results.

The tenderer organizes the opening of bids, ranking of contractors, evaluation and announcement of award results according to the procedures and contents prescribed in Article 10 and Article 22.

Article 20. Instructions for contractors.

The tenderer is responsible for guiding contractors to fully understand its requirements and the procedures that will be applied during the bidding process. Main contents include:

Summary description of the project.

Sources of funds for implementing the project.

Contractor's capacity, experience, and legal status; evidence and information related to the contractor from five to ten years prior to the bidding date.

Site visit organization (if any) and answering questions from contractors.

Article 21. Bid security (bid deposit).

Contractors must submit bid security together with their tender documents. Bid security amounts to between 1% and 3% of the estimated bid value. In some cases, the tenderer may specify a uniform amount of bid security to ensure confidentiality regarding bid prices for all contractors. The tenderer specifies the form, conditions, and accepting bank for bid security. Bid security will be refunded to unsuccessful contractors within thirty days from the date of announcement of the award result. Contractors will not receive back bid security in the following cases:

Winning the bid but refusing to execute the contract.

Withdrawing the bid after the submission period.

Due to serious violations of bidding regulations.

After submitting performance bond, the winning contractor will have their bid security refunded.

Article 22. Evaluation, ranking of contractors and approval of bidding results.

1. Analysis, assessment and comparison of tender documents.

The tenderer must check the validity of tender documents in accordance with the provisions.

Compilation of tender document data: The tenderer needs to conduct verification and compilation of key data into a general evaluation table before reviewing and assessing tender documents.

Evaluation of tender documents: Valid tender documents are studied, evaluated in detail and compared based on the following criteria:

a) Contractor's capacity and experience:

Technical capacity (main products, number and level of technical staff...).

Financial and business capacity (sales and profits...).

Experience in executing similar contracts in Vietnam and neighboring countries.

b) Technology:

Ability to meet the requirements for technology, quality of materials and equipment, and technical features stated in the tender invitation documents.

Economic and technical characteristics, model numbers of offered materials and equipment, brand name and country of manufacture.

Reasonableness and economic efficiency of technical solutions and methods of material and equipment supply.

Installation capability of equipment and technical staff capacity.

Adaptability to geographical conditions.

Environmental impact and measures to address it.

c) Finance and price: Consider financial capacity, ability and conditions for providing finance (if required), and bid price.

d) Contract execution time consistent with the tender invitation documents.

e) Technology transfer.

g) Training.

h) Other necessary criteria.

Only consider and evaluate the above criteria for main contractors present in the group, excluding the capacity of subcontractors.

2. Tender evaluation.

Tender documents are reviewed, assessed, and ranked according to standards approved by the investment decision authority before the bid opening.

If all bids fail to meet the requirements, the tenderer requests the investment decision authority to permit re-bidding or require all contractors to resubmit bid prices and other conditions if necessary.

3. Announcement of award and signing of contract.

The tenderer can only announce the bidding results and negotiate the formal signing of the contract after receiving approval documentation from the investment decision authority.

Article 23. Performance bond (contract performance deposit).

The performance bond is the contractor's commitment to fulfill the contract. Depending on the type and scale of the contract, the performance bond amount is between 10% and 15% of the total contract value. In special cases, the performance bond amount may exceed 15%, but must be approved by the investment decision authority. The performance bond remains effective until the warranty period of the contract expires. Details of the performance bond document are:

The deadline for submitting the performance bond does not exceed thirty days from the date the contractor receives the notification of winning the bid.

Conditions for performance bond.

Duration of effectiveness of performance bond.

Type of currency for performance bond.

Article 24. Appendix II.

Tender documents for procurement of materials and equipment shall be carried out according to the instructions in Appendix II attached to this Regulation.

 

PART IV

BIDDING FOR CONSTRUCTION AND INSTALLATION

Article 25. Tendering procedures.

1. Appoint a bidding support team.

2. Prequalification of contractors (if applicable).

3. Preparation of tender documents.

4. Sending tender invitation letters or tender announcement.

5. Receive and manage tender submissions.

6. Open tender.

7. Evaluation and ranking of contractors.

8. Submitting bidding results for approval.

9. Announcing winning bid results and signing contracts.

Article 26. Prequalification of contractors.

Prequalification of contractors will only be conducted for large-scale contracts with the aim of selecting contractors who have sufficient capacity and experience to implement the project.

Prequalification of contractors shall be carried out in the following steps:

a) Drafting prequalification documents:

Announcement of prequalification.

Instructions on prequalification.

Criteria for evaluating prequalification.

Attached appendices.

b) Issuing invitations for prequalification and receiving prequalification application documents.

c) Evaluating prequalification application documents from contractors.

d) Announcing prequalification results.

Article 27. Tender documents.

Tender documents include:

Tender invitation letter (if there is prequalification), or tender announcement (if there is no prequalification).

Bid form.

Instructions for contractors.

Technical design documents including cost estimates and technical instructions.

Construction schedule.

General conditions and specific conditions of the contract.

Bid bond.

Model contract agreement.

Performance bond.

Article 28. Tender announcement.

The tender announcement includes:

Name and address of the tenderer.

Summary description of the project, location and construction time...

Instructions on obtaining tender documents.

Conditions for bidders.

Deadline and location for receiving tender documents.

The tenderer selects the method of announcing to suitable contractors in accordance with the approved bidding method.

Article 29. Instructions for contractors.

Main contents include:

Summary description of the project and scope of bidding.

Applied technical standards.

Sources of funds for implementing the project.

Conditions for participating contractors (legal status, experience, technical and financial capacity...).

Organizing site visits and answering contractors' questions.

Article 30. A copy of the business registration certificate (notarized by the State before the maximum deadline for submission is 100 days);

Construction and installation bid documents include:

Bid form.

Copies of business registration certificate and professional certificates.

Documents introducing contractor's capacity.

Overall and detailed construction methods for each project component.

Organization of construction and contract implementation schedule.

Bid cost estimate.

Bid bond.

Article 31. Bid security (bid deposit).

Bid security for construction and installation shall be implemented as stipulated for bid security for procurement of materials and equipment under Article 21 of this Regulation.

Article 32. Performance bond (contract performance deposit).

Performance bond for construction and installation shall be implemented as stipulated for performance bond for procurement of materials and equipment under Article 23 of this Regulation.

Article 33. Evaluation and ranking of contractors.

Evaluation and ranking of contractors shall be carried out in the following steps:

1. Reviewing bid documents.

Rechecking the validity of bid documents.

Requesting each contractor to explain unclear contents in their bid documents and major unit prices deemed unsatisfactory. Requests for explanations and responses are recorded in minutes.

If mathematical errors are discovered, the tenderer will correct these errors accurately and promptly notify the contractor. If the contractor does not accept, they will be disqualified.

Any updated information about the contractor that does not match the bid documents will be checked and considered.

2. Converting bid prices and technical indicators to a common price basis for evaluation and comparison.

3. Evaluating and comparing bid documents: Bid documents are evaluated and compared according to each criterion, then summarized for comprehensive evaluation.

Main contents reviewed when evaluating according to each criterion:

a) Technical and quality criteria:

Degree of compliance with technical and quality requirements for materials and equipment stated in the technical design documents.

Reasonableness and feasibility of technical solutions and construction organization methods.

Ensuring environmental hygiene conditions and other safety conditions such as fire prevention, labor safety...

Suitability of construction equipment (quantity, type, quality, and mobilization schedule...).

b) Contractor's experience criteria:

Experience in implementing projects with similar technical requirements, geographical areas, and sites.

Number and level of staff directly implementing the project.

c) Financial and pricing criteria:

Financial capability to meet project requirements.

Bid price consistency with total budget or approved budget.

d) Construction schedule criteria:

Degree of assurance of the overall schedule specified in the tender documents.

Reasonableness of completion schedules between related project components.

These criteria are reviewed according to the evaluation criteria approved by the investment decision authority before opening bids.

Article 34. Approving bidding results.

Based on the evaluation results of bid documents, the tenderer ranks contractors according to the approved evaluation criteria. The evaluation and ranking results must be approved by the investment decision authority.

In case all bid documents fail to meet requirements, the tenderer must submit to the investment decision authority for permission to reorganize the bidding process. In case bid documents fail to meet financial and pricing requirements, the tenderer must submit to the investment decision authority for permission to resubmit prices or reorganize the bidding process.

Article 35. Appendix III.

Prequalification documents and tender documents for construction and installation shall be carried out according to the instructions in Appendix III attached to this Regulation.

 

CHAPTER V

PROJECT BIDDING

Article 36. Objectives subject to project bidding.

Projects that do not need to be divided into separate packages.

Projects implemented through Build-Transfer (BT) method.

Projects implemented through Build-Operate-Transfer (BOT) method.

Article 37. Procedure for organizing project bidding.

The procedure for organizing project bidding shall be carried out as stipulated in Article 25.

Article 38. Tender documents and criteria for evaluating bid documents.

Tender documents and criteria for evaluating bid documents must include all contents related to consulting services selection, material and equipment procurement, construction and installation, operation, and transfer (if applicable).

Article 39. Instructions for project bidding.

Project bidding shall be carried out according to instructions set forth in a separate document drafted by the Ministry of Planning and Investment and submitted to the Prime Minister for issuance.

 

Chapter VI

MANAGEMENT OF BIDDING

Article 40. Responsibilities and powers of the tenderer.

The tenderer is responsible for organizing bidding in accordance with the approved bidding plan:

1. Appointing a specialized team or hiring consultants to perform the following tasks:

Preparing legal documents, drafting tender documents.

Receive and manage tender documents.

Analyze, evaluate, compare, and rank tender documents according to the specified technical standards and requirements set forth in the tender invitation.

Compile and prepare reports on the tender results for submission to the project sponsor for review.

2. Submit the tender results to the investment decision-making authority for approval of the successful bidder.

3. Announce the approved tender results.

4. Negotiate to finalize the contract for formal signing with the successful bidder.

Article 41. Responsibilities and authorities of organizations, individuals, and consulting experts participating in the tender and evaluation process.

The consulting team or organization participating in the tender shall be responsible for performing the tasks stipulated in Point 1 of Article 40 and have the right to express their honest and objective opinions in writing to the project sponsor during the analysis, evaluation, and ranking of tender documents.

Experts invited by the investment decision-making authority to advise on the selection of contractors must provide formal written opinions and bear personal responsibility under the law for the accuracy, honesty, and objectivity of their evaluations.

Article 42. Responsibilities and authorities of the investment decision-making authority.

1. Approve the tender invitation documents, evaluation criteria for tender documents, and the shortlist of invited bidders.

2. Approve the selection results of contractors.

3. Supervise and direct the tendering entity to comply with the tender regulations.

4. Supervise and direct the tendering entity to sign contracts and implement them with the successful bidder.

For state-funded investment projects belonging to Group A (according to the Investment and Construction Management Regulations), the Prime Minister assigns the Minister, the Chairman of the People's Committee of provinces and centrally governed cities, and the Heads of competent agencies to implement items 1, 3, and 4 of this provision.

Article 43. Approving and delegating authority to approve tender results:

1. The Prime Minister approves the tender plans for state-funded projects belonging to Group A (according to the Investment and Construction Management Regulations) and the selection results of contractors for consultancy packages valued at 10 billion VND or more, and procurement packages for materials, equipment, or construction works valued at 50 billion VND or more based on the proposal of the Minister of Planning and Investment.

The remaining packages are delegated to the Minister, the Chairman of the People's Committee of provinces and centrally governed cities, and the Heads of competent agencies to consider and decide based on the proposal of the project sponsor.

2. The investment decision-making authority for state-funded projects belonging to Group B (according to the Investment and Construction Management Regulations) may use its professional staff and may invite additional experts to advise when deciding the selection results of consultancy packages valued from 500 million VND to 10 billion VND, and procurement packages for materials, equipment, or construction works valued from 10 billion VND to 50 billion VND based on the proposal of the project sponsor. Consultancy packages valued at 10 billion VND or more and procurement packages for equipment or construction works valued at 50 billion VND or more must be submitted to the Prime Minister for approval before tender results can be finalized. Other packages with lower values than those specified above may be delegated to the next lower level for approval.

3. For projects belonging to Group C (according to the Investment and Construction Management Regulations), the investment decision-making authority for the project and the Head of the agency authorized to make investment decisions shall approve the selection results of all packages of the project.

4. For joint venture and business cooperation investment projects, the Board of Directors of the enterprise decides the selection results of contractors based on the agreement of the Ministry of Planning and Investment.

5. For investment projects not using state funds and not guaranteed by the State Bank and the Ministry of Finance, the project sponsor shall independently decide and be responsible for selecting contractors.

 

Chapter VII

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 44. Supervising and inspecting the tender organization.

Ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees, and centrally governed city people's committees are responsible for directing relevant agencies to closely monitor and inspect the tender organization of investment projects; conducting inspections against actions that violate the tender regulations.

Article 45. Handling violations.

Any actions that violate the tender regulations, manifested through forms such as disclosing confidential tender documents, information, collusion, bribery, etc., during the tender process, are considered economic damage and must be dealt with accordingly.

If a bidder violates the regulations, they will be removed from the list of bidders and will not be refunded the tender deposit. In cases where bidders collude to suppress prices, they must be dealt with according to the law.

If the tendering entity violates the regulations, the tender results will be nullified, and the investment decision-making authority will direct the reorganization of the tender. The tendering entity must compensate the bidders for their expenses. Members of the professional organizations assisting in the tender process who violate the regulations will be removed from the list of professional organizations and dealt with according to the law depending on the severity of the violation.

If the authority approving or delegated to approve the tender results violates the regulations, they will be dealt with according to the law depending on the severity of the violation.

 

Chapter VIII

IMPLEMENTING PROVISIONS

Article 46. Implementing organization.

The Minister of Planning and Investment is responsible for leading and coordinating with the Ministry of Construction, the Ministry of Trade, and related ministries and sectors to provide detailed guidance on implementing this regulation and to review proposals from sectors and localities during implementation to recommend adjustments or supplements to the tender regulation if deemed necessary. Annual reports on the implementation of the tender regulation shall be submitted to the Prime Minister.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally governed city people's committees, and project sponsors are responsible for implementing this regulation.

Article 47. EFFECTIVE DATE

This regulation takes effect from the date of signature. All previous provisions contrary to this regulation are abolished.