Chương III Luật Dầu khí 2022: Lựa chọn nhà thầu ký kết hợp đồng dầu khí

Chapter III

SELECTION OF CONTRACTORS FOR SIGNING OF PETROLEUM CONTRACTS

Article 15. Methods of contractor selection

The selection of contractors for available oil blocks shall be made by one of the following methods:

1. Open bidding;

2. Limited bidding;

3. Shopping;

4. Direct contracting.

Article 16. Eligibility requirements for bidding for contractor selection

Organizations and individuals eligible for bidding for selection of petroleum contractors must meet the following requirements:

1. Organizations have business registration certificates granted under laws of bidders’ countries; individuals are filled to civil capacity under laws of countries where such individuals are citizens;

2. Organizations and individuals are filled to financial and technical capacity as well as experiences in petroleum operations; in case organizations and individuals do not meet this requirement, they must combine with other organizations and individuals to be eligible for bidding.

Article 17. Contractor selection plans

1. A contractor selection plan made for one or several oil blocks under the list of oil blocks shall be approved in accordance with regulations in Clause 2 Article 7 of this Law for making the selection of petroleum contractors.

2. The main contents of the contractor selection plan include:

a) The list of oil blocks and methods for contractor selection for each oil block;

b) A preliminary assessment of the petroleum potentials of each oil block;

c) Planning period;

d) Contractor selection criteria;

dd) Assessment methods.

Article 18. Open bidding

1. Open competitive bidding shall be applied to the selection of petroleum contractors for oil blocks that are ineligible for cases prescribed in Articles 19, 20 and 21 of this Law.

2. An open bidding process consists of the following stages:

a) Notice bidders;

b) Receive bidders' registration applications;

c) Issue bidding documents;

d) Receive, open and evaluate bids;

dd) Appraise, approve and notice the contractor selection results and basic economic and technical requirements of petroleum contracts;

e) Negotiate and complete petroleum contracts;

g) Appraise, approve and sign petroleum contracts.

Article 19. Limited bidding

1. Limited bidding shall be applied to the selection of petroleum contractors in case there are special requirements that only a few contractors can satisfy.

2. A limited bidding process consists of the stages of the open bidding process prescribed in Clause 2 Article 18 of this Law.

Article 20. Shopping

1. The selection of petroleum contractors shall apply shopping in case oil blocks are not under the existing contractor selection plans and are proposed by at least 02 eligible organizations and individuals prescribed in Article 16 of this Law to sign petroleum contracts.

2. A shopping process consists of the following stages:

a) Notice shopping;

b) Apply for shopping;

c) Issue shopping documents;

d) Receive documents and evaluate competitive bidding documents;

dd) Appraise, approve and notice contractor selection results and basic economic and technical requirements of petroleum contracts;

e) Negotiate and complete petroleum contracts;

g) Appraise, approve and sign petroleum contracts.

Article 21. Direct contracting

1. Direct contracting shall be applied to the selection of contractors for signing of petroleum contracts for oil blocks in the following cases:

a) They are related to national defense and security;

b) Only one of the eligible organizations and individuals prescribed in Article 16 of this Law proposes signing a petroleum contract after being widely announced for 30 days but there are no other interested bidders;

c) A contractor who is under a petroleum contract proposes additional investment in the same contract and economic and technical requirements to a new petroleum contract after the current contract expires.

2. A direct contracting process consists of the following stages:

a) Issue requests for proposals for direct contracting;

b) Receive and evaluate proposals;

c) Appraise, approve and notice contractor selection results and basic economic and technical requirements of petroleum contracts;

d) Negotiate and complete petroleum contracts;

dd) Appraise, approve and sign petroleum contracts.

Article 22. Contractor selection criteria and methods for evaluation of bids, competitive bidding documents and proposals

1. Contractor selection criteria consist of:

a) Qualifications of bidders;

b) Technical requirements suitable for each oil block;

c) Economic requirements suitable for each oil block;

2. Methods for evaluation of bids, competitive bidding documents and proposals include scoring method, comparing method and consolidating method.

3. The Government of Vietnam shall issue detailed regulations on this Article.

Article 23. Approval for contractor selection results

Bidders shall be considered to be selected when the following requirements are satisfied:

1. Valid bids, competitive bidding documents and proposals;

2. Requirements for qualifications in petroleum operations;

3. Technical requirements;

4. Economic requirements;

5. Bidders’ bids, competitive bidding documents and proposals to be ranked first.

Article 24. Organization of contractor selection

1. PVN shall:

a) Make contractor selection plans, report them to the Ministry of Industry and Trade for appraisal and submit them to the Prime Minister for approval;

b) Send notices of invitation for bids or notices of competitive bidding; issue bidding documents, shopping documents or requests for proposals for direct contracting; organize evaluation of bids or proposals;

c) Report contractor selection results to the Ministry of Industry and Trade for approval;

d) Send notices of contractor selection results and basic economic and technical requirements of petroleum contracts, negotiate and complete petroleum contracts, submit reports on them to the Ministry of Industry and Trade for appraisal and the Prime Minister for approval to be the basis for signing of petroleum contracts.

2. The Government shall issue regulations on documents and procedures for selection of petroleum contractors.

Article 25. Bid security

1. Bidders must submit their bid security according to the requirements stated in bidding documents.

2. Bid security shall be refunded to non-winning bidders or contractors after their contracts have been signed.