Decree No. 68/2012/ND-CP amending and supplementing certain articles of Decree No. 85/2009/ND-CP dated October 15, 2009, guiding the implementation of the Law on Bidding and the selection of construction contractors under the Construction Law.

DECREE

Provincial People's Committees set specific pricesTo amend and supplement some articles of N |||Decision No. 85/2009/NĐ-CP October 15, 2009 guiding the implementation Cgovernment

of bidding and selecting construction contractors according to LAmendment and Supplement to Certain Provisions of the Tobacco Control Law 3. Amend Clause 3 Article 2 as follows:the Law on Bidding dated November 29, 2005; LAmendment and Supplement to Certain Provisions of the Tobacco Control Law XConstruction

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Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."pursuant to the Government's Resolution dated December 25, 2001;

Pursuant to the Law Pursuant to Decree No. 35/2021/NĐ-CP dated March 29, 2021 of the Government guiding the detailed implementation and guidance for the implementation of the Law on Public Investment under the Public-Private Partnership Model;tendered on November 29, 2005;

Based on the Law amending and supplementing several articles related to investment in basic construction works dated October 19,Deputy ministers of ministerial-level agencies,a the lAmendment and Supplement to Certain Provisions of the Tobacco Control Law lResolution No. 25/2010/NQ-CP dated June 2, 2010 of the Government on simplifying 258 administrative procedures within the scope of management functions of Ministries and sectors;June 2024;Article 6 of the Law on the National Office of Vietnam Abroad dated November 21, 2017;

Pursuant to ResolutionNo. 25/NQ-CP dated February 2,June 2024;Government Resolution No. 25/2010/NQ-CP dated June 2, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Construction;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Government issues this Decision to amend and supplement certain provisions of Decision No. 85/2009/NĐ-CP,

Pursuant to ResolutionNo. 43/2010/NĐ-CP dated April 15, 2010 of the Government on business registrationJune 2024;energy 1Article 1. Amending and supplementing certain articles of Decision No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and selection of construction contractors according to the Construction Law"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."1. Supplement Point c to Clause 1, Article 12 as follows:policies h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing some articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Procurement Network System.

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on issued the Decree on the organization and operation of inspection activities of the industry of Planning and Investmentpolicies h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing some articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Procurement Network System.

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation.""c) The components of the dossier for plan approval shall be the same as those for plan approval stipulated in Clause 2, Article 11 of this Decision.", amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP 2. Amend and supplement Point a of Clause 1, Article 15 as follows:"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."2. Supplementing Articles 8a, 8b, and 8c after Article 8 as follows:No. "a) For open bidding

The investor approves the tender invitation dossier including the contents

of requirements regarding professional capacity and number of experts; experience requirements;

The criteria for evaluating the interest dossier must be established based on the standards "pass" and "fail" and need to be stated in the tender invitation dossier, including the standards for professional capacity and number of experts; standards for experience;

The announcement inviting submission of interest dossiers (including in English for international bidding) must be published in the Vietnam Bidding Gazette for three consecutive issues and

on the electronic bidding information website, and may also be posted

- on other mass media; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;From the first day of publishing the announcement inviting submission of interest dossiers until before the deadline for submitting interest dossiers, the tenderer shall issue the tender invitation dossier free of charge to contractors who wish to participate.

- In case the tender invitation dossier is not issued as prescribed or any action that limits contractors from obtaining the tender invitation dossier is carried out, the tenderer shall

- be handled according to Point m, Clause 1, Article 65 of this Decision; trContractors submit directly or send the interest dossier to the address of the tenderer before the deadline for submitting interest dossiers;ngThe time for contractors to prepare the interest dossier shall be at least 10 days for domestic bidding and 20 days for international bidding, starting from the first day of issuing the tender invitation dossier;amendThe tenderer evaluates the submitted interest dossiers according to the evaluation criteria, selects and submits the shortlist to the investor for approval." tr3. Amend Clause 2, Article 54 as follows:

- "2. Approve or delegate the person with approval authority to approve the tender package applying the direct award method in special cases as specified in Point k, Clause 2, Article 40 of this Decision."

Amend and supplement Clause 2 and Clause 3, Article 60 as follows:councillORS "2. The complaint form must have the signature of the bidder's representative or the legal representative of the contractor, stamped if applicable. The complaint form is prepared according to the Model attached as Appendix I to this Decision.

- 3. Contractors submit directly or send the complaint form to the address of the person responsible for handling complaints as prescribed in Clause 2, Article 72 of the Law on Bidding."

- 5. Amend and supplement Point a and Point b of Clause 2, Article 71 as follows: tr"a) A copy of the Investment Decision and documents for making the Investment Decision; Business Registration Certificate, Investment Certificate or Establishment Decision, International Agreement (if any); a copy of the Decision approving the bidding plan;

- b) A copy of the tender dossier, request dossier accompanied by a copy of the Decision approving the tender dossier, request dossier;"

6. Supplement Point c to Clause 2, Article 72 as follows:

"c) The components of the dossier for result approval shall be the same as those for result approval stipulated in Article 71 of this Decision. The tenderer shall submit directly or send one set of the dossier for result approval to the address of the agency or organization conducting the review."

4. 7. Supplement the Complaint Form Model in Appendix I attached to this Decision.

This Decision takes effect from November 1, 2012.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under central cities and relevant organizations and individuals are responsible for implementing this Decision./.

5. Amend and supplement Points a and b Clause 2 Article 71 as follows:

“a) A copy of the Investment Decision and documents for making the investment decision; Business Registration Certificate, Investment Certificate, or Establishment Decision, Treaty or international agreement (if any); a copy of the Approval Decision for the tender plan;

b) A copy of the tender invitation documents and request documents accompanied by a copy of the Approval Decision for the tender invitation and request documents;"

6. Supplement Point c to Clause 2 Article 72 as follows:

"c) The components of the file submitted for the review of the tender selection results shall be the same as the components of the file submitted for approval of the tender selection results as stipulated in Article 71 of this Decree. The tender inviter shall submit directly or send one set of the review file to the address of the reviewing agency or organization."

7. Add the Model Petition Form at Appendix I issued together with this Decree.

Article 2. Effectiveness and responsibility for implementation

1. This Decree takes effect from November 1, 2012.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, and related organizations and individuals are responsible for implementing this Decree./.