Decision No. 60/BXD-VKT On the issuance of the Tendering Regulations for Construction Works

Decision No. 60/BXD-VKT in 1994 issued the Tendering Regulations for Construction Works, applicable to all construction projects under state ownership and certain other projects. The regulations stipulate conditions, procedures for organizing tenders, rights and obligations of the tender inviter and bidding units, as well as handling violations.

Số hiệu60/BXD-VKT
Loại văn bảnDecision
Cơ quan ban hànhMinistry of Construction
Người kýNgô Xuân Lộc — Đang cập nhật
Cập nhật02/07/2026
Lĩnh vựcUncategorized
Ngày ban hành30/03/1994
Ngày áp dụng01/04/1994
Ngày hết hiệu lực
Tình trạngIn effect
✦ Tóm lược thông minh

Decision No. 60/BXD-VKT in 1994 issued the Tendering Regulations for Construction Works, applicable to all construction projects under state ownership and certain other projects. The regulations stipulate conditions, procedures for organizing tenders, rights and obligations of the tender inviter and bidding units, as well as handling violations.

Đối tượng áp dụng

Project sponsors, general contractors for construction works, specialized construction management agencies, Ministries, ministerial-level agencies, other agencies under the Government, People's Committees of provinces and centrally-administered cities.

Các điểm cốt lõi

  • State-owned construction projects must organize tendering for construction works except in special cases.
  • Requirements for tender documents and bidding conditions, including sufficient capital, construction site, land use permit.
  • Specifies tender forms such as open tendering and restricted tendering.
  • Outlines the tender organization process from preparing tender documents to opening bids and selecting the winning bidder.
  • Adjusts construction contracts when there are changes in design or sudden price fluctuations.
  • Punishes violations and conducts inspections and checks on tender organization.

🌐 Tác động xã hội từ văn bản này

  • Creates fair opportunities for construction units to participate in bidding, reduces corruption in construction investment.
  • Requires ensuring quality and progress of the project, avoiding wastage of funds.
  • Punishes violations and protects the interests of related parties.
  • Increases costs for project sponsors due to provisions on bid bonds and payment according to progress.
  • Adequate preparation time is required to organize tendering.

❓ Câu hỏi thường gặp

To which projects does this regulation apply?

Applies to all construction projects under state ownership, except in special cases.

What are the conditions for bidding?

Having business registration and construction practice license, possessing professional capacity, paying bidding fees and purchasing tender documents.

What is the validity period of a bid?

Not less than 30 days after the bid opening date. It can be extended if requested by the project sponsor but not exceeding 10 additional days.

When will the performance bond be received if the bid is successful?

After signing the construction contract and submitting the performance bond issued by a bank with a value equal to 10% of the contract price.

How will violations of this regulation be handled?

Bidding units that violate the regulations will be disqualified from the bidding list and will not have their bid bonds refunded. Violating project sponsors must compensate bidding units for incurred costs.

Toàn văn

MINISTRY OF CONSTRUCTION

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 60/BXD-VKT
Hanoi, March 30, 1994

Pursuant to …;

OF THE MINISTER OF CONSTRUCTION

Regarding the issuance of bidding regulations for construction works.

 

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government stipulating the functions, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 15/CP dated May 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for state management of ministries and agencies at the ministerial level;

To improve unit price and budget estimation work to strengthen management, prevent waste, loss, and corruption in investment and construction according to Decision No. 92/TTg dated March 7, 1994 of the Prime Minister;

 

DECISION:

Article 1. This Decision promulgates bidding regulations for construction works to replace the bidding regulations for construction works issued together with Decision No. 24/BXD-VKT dated February 12, 1990 of the Ministry of Construction.

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentThese regulations shall take effect nationwide from April 1, 1994.

Article 3. Ministries, State Management Committees, government agencies, and People's Committees of provinces and centrally governed cities shall disseminate, guide, and organize the implementation of bidding for construction works according to these regulations.

UNDER REVIEW
(Signed)
Ngo Xuan Loc

REGULATIONS

BIDDING FOR CONSTRUCTION AND INSTALLATION

(Issued together with Decision No. 60-BXD/VKT

dated March 30, 1994 of the Minister of Construction).

These regulations prescribe the bidding procedures for all construction works under state ownership (including state budget funds, credit funds, and self-supplemented funds of state enterprises). For construction works funded directly by foreign sources, private enterprises, companies established under the Law on Enterprises, cooperatives, etc., if they organize bidding for construction works, they shall also apply these regulations.

 

I. GENERAL PROVISIONS

Article 1.OBJECTS OF CONSTRUCTION WORKS:

1. All construction works under state ownership must be organized through bidding before commencing construction, except for the following types of works which may be conducted through selective tendering or direct contracting as provided in Part III of these regulations:

Works involving national security secrets;

Research and experimental works;

Emergency works due to natural disasters or enemy attacks;

Small-scale works (under VND 100,000,000.0);

Certain special works for which the Prime Minister has decided on direct contracting;

Works with specific characteristics of certain industries approved by the Prime Minister;

Investment managers, financial authorities, or banks at various levels shall not allocate or lend funds for works where the investor arbitrarily contracts without complying with the above provisions, and shall handle related issues based on the severity of the investor's violation.

2. Depending on the scale, nature, type of work, and specific conditions of each work, bidding can be organized for the entire project or individual components.

For projects below the threshold, bidding should be organized for the entire project;

For projects above the threshold, bidding can be organized for individual components. For large-scale projects, bidding can be organized for major construction activities with significant volumes (site preparation, pile driving, etc.).

Article 2.REQUIREMENTS FOR PROJECTS TO BE BIDDED:

1. Complete design documents and approved budgets for the bidding project.

For projects below the threshold, complete technical design documents for construction (or technical designs and construction drawings for complex projects) along with total budgets and component budgets must be approved by the competent authority.

For projects above the threshold, technical designs and total budgets must be approved. If bidding is for individual components, those components must have construction drawings and approved budgets. In exceptional cases, if a project does not yet meet the conditions for a total budget but requires urgent construction, the budgets for those components must be reviewed by the investment manager.

2. Ensure sufficient funds for payment according to the contract:

For projects funded by the state budget, the project must be included in the annual construction plan of the ministry or locality.

Planning, finance, and banking authorities at various levels must ensure adequate funding for allocation (or lending) according to the economic and technical justification or approved technical designs of the projects.

For projects funded by enterprise self-supplement or credit, the investor must work with the bank to determine available funds and loan capacity (at the bank where the investor maintains an account).

For projects funded by multiple sources, confirmation from the management authority of each source is required.

For projects funded by public fundraising, there must be a commitment to secure payment funds from the organization responsible for fundraising, confirmed by provincial or city authorities (or district or county authorities for small projects), and guaranteed by the bank where the fundraising organization conducts transactions.

The investor shall only organize bidding for projects, components, or construction activities with significant volumes corresponding to their fund-raising capacity.

If funds are secured within a specified period, the investor may still organize bidding, but this must be clearly stated in the bid invitation so that contractors can assess their own capacity before participating in the bidding.

3. Land acquisition compensation and permits for construction land use must be completed (overall or in phases according to progress); land use permits and other required permits must be obtained according to current state regulations.

4. Complete tender invitation documents must be prepared.

Article 3.UNITS RESPONSIBLE FOR ORGANIZING BIDDING FOR CONSTRUCTION WORKS:

1. Units responsible for organizing bidding for construction works (also referred to as the tenderer) are investors or general contractors (when subcontracting some components or activities).

2. Investment managers shall not organize bidding on behalf of the investor but shall be responsible for:

Reviewing and deciding on the investor's decisions;

Allocating funds and assigning responsibility for capital preservation and development to the investor;

Guiding, urging, and inspecting the investor's preparation of conditions for organizing bidding for construction works.

Decision on the results of selecting the winning bidder for state-owned projects above the quota level;

Supervise and inspect the performance of the Project Owner's tasks, handle any violations committed by the Project Owner.

Article 4. Tender documents:

1. The tender documents include the following documents:

Bid invitation notice;

Tender guidelines;

Specific conditions of the contract;

Technical design and construction drawings, technical specifications describing characteristics, specifications, quality, and technical descriptions;

Preliminary budget to calculate the bid price, including domestic price levels and exchange rates (if applicable);

Bid application form;

Bid bond form;

Contract template;

Guarantee form for contract performance;

Supplementary documents (if any).

2. The Project Owner shall respond in writing or by telegraph to all questions related to the tender documents that bidders request to explain and send to all bidders.

3. At least ten days before the final deadline for submitting bids, the Project Owner may amend or supplement the tender documents if deemed necessary. The contents of such amendments or supplements shall be notified in writing or by telegraph to all bidders who have purchased the tender documents. Bidders must promptly notify the Project Owner in writing or by telegraph that they have received the amended or supplemented contents.

In cases of significant amendments or supplements, the Project Owner may extend the final deadline for submitting bids but not more than one-third of the time specified in the tender announcement.

Article 5. Conditions for bidders:

All construction organizations are entitled to bid when meeting the following conditions:

1. Having business registration and construction practice license issued by the competent authority according to the profession and scope of operation as stipulated by current regulations (if the organization is affiliated with a licensed entity, it must have authorization from that entity). A construction organization with a business license can only submit one bid for one tendered project (either directly participating or authorizing another party).

2. Possessing sufficient capacity and professional qualifications (machinery, equipment, staff, technical workers) to meet the requirements set out in the tender documents.

3. In cases where joint ventures submit a bid, they must appoint a representative and submit only one bid. The representative organization must clearly declare the joint venture members.

Joint venture organizations must also meet the conditions prescribed in Points 1 and 2 of Article 5 of this regulation and jointly bear responsibility for implementing the construction contract with the Project Owner (if successful). There must be an economic contract between joint venture organizations defining the responsibilities and benefits of each organization.

4. Paying the tender fee and purchasing the tender documents. Depending on the type of project, the tender fee shall not exceed two million dong. The cost of purchasing tender documents shall be based on the preparation and printing costs of each tendered project and shall be clearly stated in the tender announcement.

5. Submitting a bid guarantee letter issued by a specialized bank with a value of 1 to 3 percent of the bid price. The bid guarantee letter must be submitted before the opening of the tender and will be returned by the Project Owner if the bid is unsuccessful.

For the successful bidder, the Project Owner will return the bid guarantee letter after the successful bidder signs the construction contract and submits the contract guarantee letter as prescribed in Article 20 of this Regulation.

Article 6. Basic criteria for bidding and evaluation:

1. Technical and quality:

Bid proposals must meet the technical requirements outlined in the tender design documents;

Ensuring quality and compliance with current regulations.

2. Bid price and evaluation:

a) Bid price:

The bid price is calculated based on the quantities of work specified in the preliminary budget and unit prices established by the bidder;

Unit prices for the bid must be established according to the price level specified in the "Tender Guidelines" document. The determination of the price level in the "Tender Guidelines" document and price adjustments must comply with national regulations on construction price management;

The bidder must provide complete unit prices for each type of work specified in the preliminary budget. Work types without bid unit prices will not be settled by the Project Owner.

b) Evaluation price:

The evaluation price is the ceiling price used as a basis for evaluation, determined by the approved construction estimate in the total approved budget or the approved construction estimate for the project component according to current national regulations, taking into account specific conditions of each project (construction period, funding conditions, and other specific conditions, if any). The evaluation price is prepared by the Project Owner and submitted for approval by the investment management authority.

3. Completion time of the project.

Ensuring the construction schedule specified in the tender documents.

Article 7. Bid evaluation committee:

1. The bid evaluation committee is an advisory body assisting the Project Owner in organizing the opening of tenders and selecting the successful bidder to present to the competent authority for decision.

2. Composition of the Committee and the authority to establish it:

The level that approves the economic and technical feasibility study of the project decides to establish the bid evaluation committee and designate the Chairman of the bid evaluation committee.

The composition includes:

Representatives of the level approving the economic and technical feasibility study of the project;

Representatives of the investment management authority (if the project is approved by the Prime Minister for the economic and technical feasibility study);

The Project Owner;

Representatives of the Ministry or Department managing the construction sector (depending on whether the tendered project is managed centrally or locally);

Representatives of the banking agency (if the project is funded by loans);

Representatives of the planning and finance agencies (for projects funded by the State budget).

The aforementioned agencies may only appoint one official member in the bid evaluation committee. When necessary, the bid evaluation committee may invite consulting agencies or specialized economic and technical experts not belonging to the bidding organizations to provide advice.

Article 8. Forms of tendering:

1. Open tendering: The Project Owner announces widely through mass media and clearly states the conditions for bidders so that construction organizations can know and participate in the tender (if eligible).

2. Restricted bidding: The project investor shall only notify and invite a number of specialized construction organizations with sufficient capacity for the bidding project or reputable construction organizations to participate in the bidding. The project investor must report to the project management authority and the Ministry of Construction (or the Construction Department for projects managed by local authorities) on the list of construction organizations intended to be invited to bid. After reaching consensus among these agencies, the project investor may send out the bidding invitation notice.

The restricted bidding method shall only be applied to large-scale projects with complex technical requirements, as determined by the approval of economic and technical feasibility studies.

Apart from differences in the bidding invitation notice, the content and procedures for organizing open bidding and restricted bidding shall both comply with the provisions set forth in Part II of this Bidding Regulation.

II. PROCEDURES FOR ORGANIZING CONSTRUCTION BIDDING

Article 9. Preparation of the bidding invitation documents:

a) In order to organize construction bidding, the project investor must first prepare all the documents stipulated in Article 4 of this Construction Bidding Regulation.

b) In addition to the documents in the bidding invitation documents, the project investor must also prepare the following tasks:

Apply for land use permit;

Apply for construction permit;

Clear the construction site according to the schedule (including compensation for land, crops, relocation of houses, demolition, leveling...);

Calculate the bidding price and submit it to the competent authority for approval as the basis for selecting the winning bid price. This price level is not included in the bidding invitation documents (kept confidential) to encourage bidding units to propose various price levels during competition.

Article 10. Registration of the bidding organization:

1. When all conditions for bidding have been prepared, the project investor must register the organization of construction bidding with the project management authority and the specialized construction management department.

2. The specialized construction management department has the responsibility to review the procedures and conditions for organizing the bidding. If it finds that the conditions are not fully met as required, it will guide the project investor to complete them before proceeding with the bidding.

Article 11. Bidding Invitation Notice:

After receiving confirmation from the specialized construction management department that all procedures and conditions for organizing the bidding have been fully implemented, the project investor sends out the bidding invitation notice. The bidding invitation notice must be published at least 30 days before the opening date of the bids.

Article 12. Verification of Conditions for Bidding Units:

Based on the bidding invitation notice, bidding units must submit to the project investor the documents specified in Points 1, 2, and 3 of Article 5 of this regulation and any specific conditions of the bidding project (if applicable).

The project investor is responsible for verifying the conditions for bidding units and selecting those that meet the established conditions.

Article 13. Submission of Bidding Documents:

1. After organizing the verification of conditions for bidding units, the project investor invites qualified bidding units to purchase the bidding invitation documents, visit the construction site, and announce the final deadline for submitting bidding documents, the date, time, and location for opening the bids.

All costs related to understanding and preparing the bidding documents are borne by the bidding unit (whether they win the bid or not).

During the review of the bidding invitation documents and the visit to the construction site, the project investor may organize discussions and exchanges with the bidding units if there are issues that the bidding units are unclear about regarding the content and requirements of the work.

2. After thoroughly understanding and preparing the necessary documents, the bidding unit shall submit to the project investor the following documents:

A sealed bidding application form;

Copies of business registration and construction practice license;

Introduction of the bidding unit's capacity and similar projects completed within the five years prior to the bidding date and ongoing projects;

Summary of construction methods for the project;

Bid price estimate;

Bid guarantee letter.

The entire bidding document set consists of one original and copies (quantity as required by the project investor). Each set is placed in a large envelope stamped and sealed, sent to the address of the project investor within the deadline stated in the bidding invitation notice. The project investor is responsible for preserving the bidding documents and must not open the envelopes before the opening date and time.

Article 14. Validity Period of the Bidding Unit (not less than 30 days after the bid opening date). Beyond the validity period stated in the bidding application form, if the winning bidder receives a notification of winning the bid, they may accept or reject it while still being entitled to the return of the bid guarantee letter.

In special cases, before the expiration of the validity period of the bidding application form, the project investor may request (in writing) the bidding unit to extend this period (not exceeding 10 days). The bidding unit may accept or reject the extension of the validity period of the bidding application form. If the bidding unit agrees to extend this period (in writing), all regulations concerning payment and bid guarantee letters remain applicable during the extended validity period of the bidding application form. If the bidding unit does not agree to extend this period, they are still entitled to the return of the bid guarantee letter by the project investor.

Article 15. Amendment and Withdrawal of Bidding Documents:

After submitting the bidding documents, if the bidding unit wishes to amend or withdraw the bidding documents, they must notify the tenderer (clearly stating the amendment or withdrawal content) before the final submission deadline stated in the bidding invitation notice. The amendment content is enclosed in a sealed envelope. The project investor is responsible for preserving it and must not open it before the bid opening date. After the final submission deadline for the bidding application form, any notification requesting an amendment or withdrawal of the bidding documents becomes invalid.

Article 16.Tender Opening:

On the date and time specified in the bidding invitation notice, the Bid Evaluation Committee publicly opens the envelopes containing the bidding documents in the presence of the bidding units and rechecks each bidding document to verify the completeness of the documents.

When publicly opening each bidding document, the Bid Evaluation Committee reads out the names of the bidding units, the types of documents in the file, the bid price, the completion deadline, any written notifications of additional, amended, or withdrawn bidding applications (if any), the bid guarantee letter submitted by each unit, and other details deemed necessary to be announced by the committee.

The entire process of the bid opening session is recorded in a protocol signed by the representatives of the bidding units.

Article 17 Selection of the Winning Bidder:

The process of selecting the winning bidder shall be carried out in the following steps:

1. Reviewing the bidding documents of the bidders:

a) Examining the validity of the bidding documents. Any document that is not valid will be eliminated at this stage.

b) During the review of the bidding documents, the Bid Evaluation Committee may request each bidder to explain unclear contents in their bidding documents. Requests for explanations and responses shall be recorded in minutes. In necessary cases, the Bid Evaluation Committee may directly inspect the bidding conditions stipulated in Article 5 of this Regulation.

c) Correcting errors in the bidding documents (if any)

When reviewing the bidding documents, if any calculation errors... are discovered, the Bid Evaluation Committee will correct these errors accurately and notify the bidder. If the bidder does not accept, the bid will be eliminated.

2. Evaluating and comparing the bidding documents:

The bidding documents shall be evaluated and compared according to the basic criteria set forth in Article 6 of this Regulation; then a comprehensive evaluation shall be conducted based on all three criteria.

The main contents examined when evaluating each criterion are:

a) Technical and quality criteria

The extent to which technical and quality requirements stated in the design documents are met;

The rationality of technical solutions and construction organization measures;

The suitability of construction machinery (quantity, type...) with the characteristics and construction conditions of each installation work;

Environmental protection conditions...

If any bidding document does not meet the technical and quality requirements stated in the design documents, it will not be further examined for other criteria, and such bidding document will be eliminated.

b) Price criteria:

The assurance of material types, equipment (type, specification, model...) meeting the technical and quality requirements of installation works;

The accuracy and rationality of unit prices for various installation works;

The price level.

c) Completion time criteria:

The degree of assurance of progress specified in the tender invitation;

The rationality of completion schedules between different project components or related work sections;

The ability to ensure the proposed progress.

For projects requiring strict and accurate completion times, this criterion will be the primary basis for eliminating bidding documents that do not meet the requirements.

These criteria will be evaluated using a scoring method, and depending on the requirements of each project, the Bid Evaluation Committee will determine the number of points allocated to each criterion in the total score (usually 100 points).

In addition to the above three basic criteria, additional secondary criteria may be considered, such as encouraging the application of advanced technology, using new materials of high quality, local materials, prioritizing domestic bidders...

When the scores of the bidding documents are similar, the professional expertise, technical capabilities, financial capacity, and reputation of each bidder should also be considered.

All developments during the process of selecting the winning bidder must be recorded in minutes and signed by the members of the Bid Evaluation Committee.

3. Selecting the winning bidder:

a) For projects above the threshold:

Based on the Bid Evaluation Committee's results, the Chairman of the Committee prepares a report (accompanied by the Bid Evaluation Committee's minutes) to submit to the project investor for consideration and decision on the winning bidder.

b) For projects below the threshold:

The Chairman of the Committee bases the decision on the Bid Evaluation Committee's results to agree with the Project Investor on the winning bidder.

Article 18.Announcing the winning bid:

Before the validity period of the bidding documents expires, the Project Investor must send a notification of the winning bid to the winning bidder along with a draft construction contract based on the tender documents and the minutes of the bid evaluation.

Article 19.Signing the construction contract and implementing the construction according to the bid evaluation results:

1. Within fifteen days from receiving the notification of the winning bid, the winning bidder must submit a performance bond and sign the contract before returning it to the Project Investor.

The Project Investor will only sign the contract after receiving the performance bond from the winning bidder.

2. The signing of the construction contract must comply strictly with the current regulations on economic contracts in basic construction.

Article 20Performance bond for the contract:

When signing the construction contract, the winning bidder must submit a performance bond from a bank worth 10% of the contract value.

Within the period specified in the notification of the winning bid, if the winning bidder fails to submit the performance bond, it will be deemed to have withdrawn its bid and will not be refunded the bid security deposit. In this case, the Project Investor may choose the second-ranked bidder to sign the contract, or may reorganize the bidding process.

Article 21Handling changes to the winning bid criteria:

During the implementation of the contract, in principle, the winning bid criteria (price, quantity, quality, and construction period) shall not be changed. In cases where the design is changed and approved by the Project Investor, the construction volume will be adjusted according to the approved revised design, but the unit price shall not be changed. In cases of sudden price changes, the Project Investor must coordinate with relevant planning, finance, and construction agencies to consider and decide on adjusting the unit price.

Article 22.Payment and settlement methods for the project:

1. For projects with advance funding:

After signing the construction contract, the Project Investor shall provide advance funding to the contractor not less than 10% of the contract value (or the value of the volume completed in the year for large-scale projects) to implement the construction project;

During construction, the Project Investor shall pay monthly to the contractor the value of the volume completed in the month. Once the advance payment has been fully paid, the Project Investor shall start deducting the initial advance payment from subsequent payments until the end of the contract. The amount deducted in each payment period shall be agreed upon by both parties;

In cases of delayed payment for the volume completed in the month, the Project Investor must pay interest (as stipulated by the Bank) corresponding to the delayed payment period.

2. Implement the system of fixed-price contracts for construction projects with a construction period of less than one year without changing the contract price upon project decision-making. For these projects, the Project Owner may advance funds up to 30% of the contract value and make payments according to the progress agreed by both parties.

Article 23. Handling cases where bidding does not result in a successful outcome:

After issuing the tender notice, if on the day of opening bids there is no bidder registering to participate in the bidding process or if the registered bidders do not meet the conditions to participate in the bidding process or if none of the bidders satisfy all requirements regarding quality, time, and cost, then the bidding process must be reorganized and the Project Owner should review the conditions and requirements set out in the tender notice to ensure they are appropriate and feasible.

III. SELECTION AND DIRECT ASSIGNMENT OF CONSTRUCTION CONTRACTS

FOR STATE-OWNED PROJECTS

Article 24.REQUIREMENTS FOR SELECTING CONTRACTORS:

Construction projects that require selection before organizing the selection process must comply with the requirements stipulated in Article 2 of this Regulation.

Article 25.INTRODUCING BIDDERS FOR SELECTION:

1. After preparing all necessary conditions, the Project Owner shall submit to the Ministry or the specialized Construction Management Department a request for introducing potential bidders along with the following documents:

Introduction of the selection target (project name, scale, construction location);

Technical design description;

Economic and technical requirements, construction schedule, and other requirements (if applicable).

2. Based on the documents received from the Project Owner, the Ministry or the specialized Construction Management Department will introduce three to five specialized contractors to the Project Owner.

3. The Project Owner shall send the selection bid documents to the introduced contractors. The content of the selection bid documents is similar to the tender documents specified in Article 5 of this Regulation (except for the bid bond form).

Article 26.SUBMITTING SELECTION BID DOCUMENTS:

Contractors invited to participate in the selection process who agree to join shall prepare and submit their selection bid documents to the Project Owner at the designated address and within the prescribed timeframe. The content of the selection bid documents and the submission procedures are similar to those specified in Article 13 of this Regulation (except for the bid bond).

Article 27.EVALUATING THE CONTRACTOR TO BE AWARDED THE CONTRACT:

1. The evaluation of the contractor to be awarded the contract for projects requiring selection is conducted by the Bid Evaluation Committee. The composition and responsibilities of the Bid Evaluation Committee are as stipulated in Article 7 of this Regulation.

2. At the specified time, the Bid Evaluation Committee will publicly open the sealed bid documents. The opening procedure is similar to that specified in Article 15 of this Regulation, but the presence of the bidders is not required.

3. The awarding of the contract, announcement of results, and signing of the construction contract shall be carried out in accordance with the provisions of Articles 16, 17, and 18 of this Regulation.

Article 28.DIRECT ASSIGNMENT OF CONSTRUCTION CONTRACTS:

For projects with a Prime Minister's decision on direct assignment, the Project Owner is responsible for signing a contract with the assigned general contractor for the entire construction project, including workers' housing.

The Ministry of Construction is responsible for leading, together with other members of the Economic and Technical Feasibility Review Board (as per current state regulations on basic construction management), to review the technical design and total budget estimate for submission to the Prime Minister for approval.

Based on the approved total budget estimate, the Project Manager shall approve the item budget estimate according to the construction drawings to serve as the basis for contract signing and final settlement of the project.

IV. PENALTIES, INSPECTION, AND AUDIT OF BIDDING ORGANIZATION

Article 29.Penalties:

Any violation of the provisions of this Bidding Regulation that leads to unfairness, lack of transparency, or illegality shall be considered an economic loss and must be addressed:

If a bidder violates the rules, they will be disqualified from the bidding list and will not have their bid bond refunded.

If the Project Owner violates the rules, the bidding results will be nullified, and the Project Owner will be instructed to reorganize the bidding process. The Project Owner must compensate the bidders for any incurred costs.

Article 30.INSPECTION AND AUDIT OF BIDDING ORGANIZATION:

1. Specialized Construction Management Departments under Ministries are responsible for regularly and randomly inspecting bidding processes for projects managed by central agencies. The Ministry of Construction and local Construction Departments are responsible for inspecting the organization of bidding for some projects of sectors and localities (when necessary).

2. Specialized Construction Management Departments under local governments are responsible for auditing and inspecting bidding processes managed by local authorities.

3. Content of inspection and audit: Depending on the specific situation of each bidding project, a full audit of the bidding documents or audits of individual stages or issues (including payment stages) may be conducted for projects that do not comply with the Regulation.

4. Inspection and audit bodies are responsible for recommending competent authorities to recognize or nullify bidding results. Parties involved have the right to appeal if they believe the decisions of the competent authority are unfair.

 

V. FINAL PROVISIONS

Article 31.This Regulation takes effect from the date of signature and is uniformly applied throughout the country. Previous regulations on bidding in construction that conflict with this Regulation are abolished.

Article 32. Ministries, ministerial-level agencies, other government agencies, Chairpersons of Provincial People's Committees directly under the Central Government are responsible for guiding the application and supervising the implementation of this Regulation by subordinate units./.

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60/BXD-VKT
Decision No. 60/BXD-VKT On the issuance of the Tendering Regulations for Construction Works
In effect

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