Chương I Luật Đấu thầu 2013 : Quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for state management of procurement; responsibilities of concerned parties and activities of procurement, including:

1. Selection of provider of consulting services, non-consulting services, goods, works for:

a) Projects on development investment financed by state of regulatory agencies, political organizations, socio-political organizations, professional-socio-political organizations, socio-professional organizations, social organizations, units of People’s armed forces, and public non-business units;

b) Projects on development investment of state-owned enterprises;

c) Projects on development investment other than cases defined at point a and point b of this Clause which are financed by state, state-owned enterprises with level equal to 30% or more or less than 30% but more than 500 billion VND in total investment of project.

d) Procurement financed by state aiming to maintain regular activities of regulatory agencies, political organizations, socio-political organizations, socio-political-occupational organizations, social organizations, socio-occupational organizations and units of the People’s armed forces, and public non-business units;

dd) Procurement financed by state aiming to supply products and services in serve of public purpose;

e) Purchase of national reserve goods financed by state;

g) Purchase of drugs, medical supplies financed state; medical insurance fund, revenues from services of medical examination and treatment and other lawful revenues of public health facilities;

2. Selection of providers of consulting services, non-consulting services, goods on Vietnam’s territory for implementation of overseas direct-investment projects of Vietnamese enterprises which are financed by state with level equal to 30% or more or less than 30% but more than 500 billion VND in total investment of project.

3. Selection of investors to perform the investment projects in form of public-private partnership (PPP), investment projects with land use;

4. Selection of bidders in petroleum field, except for selection of bidders to supply petroleum services related directly to activities of search, exploration and development of mines and petroleum exploitation as prescribed by law on petroleum.

Article 2. Subjects of application

1. Organizations and individuals that participate in or related to activities of procurement defined in Article 1 of this Law.

2. Organizations and individuals that have activities of procurement not within the governing scope of this Law may choose to apply this Law. In case of choosing to apply, organizations and individuals must observe the concerned provisions of this law and ensure fairness, transparency and economic efficiency.

Article 3. Application of Law on procurement, International treaties and international agreements

1. Procurement activities must comply with the provisions of this Law and other related laws.

2. In case of selecting by bidding for provision of raw materials, fuel, materials, supplies, consulting services, non-consulting services in order to ensure the continuity for production and business and procurement with the aim to maintain regular activities of state-owned enterprises; performance of packages of investment projects in the form of public-private partnership, investment projects with land use of the selected investors, enterprises must promulgate regulations on choosing bidders for unified application in enterprises on the basis of ensuring objective of fairness, transparency, and economic efficiency.

3. For selection of bidders/investors for projects financed by official development assistance (ODA) capital, concessional loans arising from International treaties, international agreements between Vietnam and donors, international treaties, international agreements shall be applied.

4. If International treaties to which the Socialist Republic of Vietnam is a contracting party have provisions on selection of bidders and investors different from this Law, such International treaties shall prevail.

Article 4. Interpretation of terms

For the purpose of this Law, the following terms are construed as follows:

1. Bid Security means the bidder or investor provides security by one of the security methods of paying a deposit, escrow or providing a letter of guarantee of credit institutions or foreign banks’ branches which are established under Vietnamese law in order to secure the liability in the bid participation of bidder or investor for a definite term as stipulated in the Bid Documents, Request for Proposals.

2. Performance Security means the bidder or investor provides security by one of the security methods of paying a deposit, escrow or providing a letter of guarantee of credit institutions or foreign banks’ branches which are established under Vietnamese law in order to secure the liability of the Contract performance by bidder or investor.

3. Procuring Entity means a professional agency or organization with sufficient capability to perform bidding activities, including:

a) Investor or organization which is decided for establishment or selected by the investor;

b) Budget estimate unit directly using capital source for recurrent procurement;

c) The centralized procurement unit;

d) Competent regulatory agencies or the affiliated organizations which are selected by the competent regulatory agencies.

4. Investor means the entity owning the financing capital or the entity assigned responsibility to represent such owner, or the borrower directly managing and implementing project.

5. Digital certificate means electronic certificate granted by providers of digital signature certificate service in order to perform online bidding on National E-procurement System.

6. Competent regulatory agencies mean agencies signing contracts with investors.

7. Short list means list of bidders/investors winning prequalification for competitive bidding with prequalification; list of bidders invited for bid participation for limited bidding; list of bidders with EOI responses meeting requirements of EOI requests.

8. Consulting service means one or a number of activities including: preparation, assessment of the planning report, collective development diagram, architecture; survey and making of pre-feasibility study report, feasibility study report, environmental impact assessment report; survey and making of engineering, estimate; preparation of EOI requests, Prequalification Document, Bids, Requests for Proposals; assessment of EOI responses, Prequalification Application, Bidding Documents, Proposals; verification, appraisal; supervision; management of project; arranging finance; audit, training, transfer of technologies; other consulting services.

9. Non-consulting service means one or a number of activities including: logistics, insurance, advertisement, installation not belong to Clause 45 of this Article, pre-acceptance test and operation run, holding of training, maintenance, drawing maps and other activities not being consulting services defined at clause 8 of this Article.

10. Project management enterprise means enterprise which is established by investor for performance of investment project in form of private-public partnership or investment project with land use.

11. Development investment projects (hereinafter collectively referred to as projects) include: programs or projects on investment in new construction; projects on renovation, upgrading, expansion of projects invested in construction; projects on procurement of assets, including equipment, machinery without installation; projects on repair, upgrading of assets, equipment; projects, schemes on planning; projects, subjects on scientific research, technology development, application of technologies, technical support, basic survey; other programs, projects, or schemes on development investment.

12. Procurement means the process of selecting a bidder to sign and implement contract of provision of consulting services, non-consulting services, procurement of goods, works; selecting an investor to sign and implement contract of investment project in form of public-private partnership, investment project with land use on the basis of ensuring competitiveness, fairness, transparency and economic efficiency.

13. Online procurement means bidding which is performed via use of National E-procurement System.

14. International bidding means bidding in which both foreign and domestic bidders and investors may participate.

15. Domestic bidding means bidding in which only domestic bidders and investors may participate.

16. Package price means the value of a package approved in the plan on selecting bidders.

17. Bid price means the price stated by a bidder in application for bid participation, quotation, including all costs for performance of package as required by Bids, Request for Proposals.

18. Evaluated bid price means a bid price after the error correction and adjustment of deviation as required in Bids, less the value of discount (if any), plus elements to convert on a same ground for whole use life cycle of goods and works. Evaluated bid price is used to rank Bidding Documents for packages of procurement of goods, works and the mixed packages applying form of competitive bidding or limited bidding.

19. Proposed successful bid means bid price of the bidder who are proposed to win bid after the errors have been rectified and discrepancies have been adjusted as required by the Bids, Requests for Proposals, minus the value of discount (if any).

20. Successful bid means the price approved in the results of selection of bidder.

21. Contract Price means the price stated in written contract as the basis for advance payment, payment, liquidation and finalization of contract.

22. Package means a part of, or entire project, estimate of procurement; a package may comprise items for the procurement of similar goods for a number of projects or a one-off procurement, procurement for a period in recurrent procurement, centralized procurement of goods.

23. Mixed package means a package comprising of engineering and goods provision (EP); engineering, works (EC); goods provision and works (PC); engineering, goods provision, works (EPC); making project, engineering, goods provision, works (turnkey).

24. Package with small scale means a package with price in limitation prescribed by the Government.

25. Goods include machinery, equipment, raw materials, fuel, materials, supplies, accessories; consumables; drugs, medical supplies used for medical establishment.

26. National E-procurement System means an information technology system which is set up and managed by the state management agency of bidding activities with the aim to perform unified management of information on bidding and online bidding.

27. EOI requests, Prequalification Documents mean all documents including requirements on qualifications of bidders/investors as the basis for the Procuring Entity to select list of bidders/investors winning prequalification, list of bidders with EOI responses meeting requirements of EOI requests.

28. EOI responses, Applications mean all documents which are made by bidders/investors and submitted to the Procuring Entity at the requirements of EOI requests, Prequalification Documents.

29. Bid Documents mean all of the documents used for open or limited bidding stipulating the requirements for a project, package and providing the legal basis for bidders/investors to prepare their Bids and for the Procuring Entity to assess Bids aimed at selection of a winning bidder/investor.

30. Request for Proposals mean all of the documents used for Direct Contracting, Direct Procurement, Shopping Method including the requirements for a project, package and providing the basis for bidders/investors to prepare their Proposals and for the Procuring Entity to assess Proposals aimed at selection of a winning bidder/investor.

31. Bids, Proposals mean all documents which are made by bidders/investors and submitted to the Procuring Entity at the requirements of the Bidding Documents, Requests for Proposals.

32. Contract means a document signed between the investor and the selected bidder in performance of package under project; between Procuring Entity and the selected bidder in recurrent procurement; between the centralized-procurement units or unit with procurement need with the selected bidder in the centralized procurement; between competent regulatory body with the selected investor or between the competent regulatory body and the selected investor and project enterprise in the investor selection.

33. Protest means a request from any bidder/investor participating in bidding for reconsideration of the results of selection of bidder, results of selection of investor and regarding any other relevant matter during the process or selecting contractor, investor when such bidder or investor considers his rights and interests have been adversely affected.

34. Competent person means person who decides on the approval of project or person who decides on procurement as prescribed by law. In case of selection of investor, the competent person means the head of competent regulatory body as prescribed by law.

35. Contractor means a bidder liable for its participation in bidding which gives its name to a tender, and which directly signs in and implements a contract if selected. Contractor may be an individual contractor or JV’s Party.

36. Subcontractor means a contractor performing part of the work of a package on the basis of a contract signed with the Contractor. The special Subcontractor means a Subcontractor performing special works of a package proposed by the Contractor in Bid, Proposal on the basis of requirements stated in Bid, Request for Proposals.

37. Foreign Contractor means an organization established under foreign law or an individual of foreign nationality making a bid in Vietnam.

38. Domestic Contractor means an organization established under Vietnamese law or individual of Vietnamese nationality making a bid.

39. Public products and services mean the essential products and services for economic-social life of country, population communities or assurance of national defense and security which the State must organize implementation in the fields: health, education - training, culture, information, communications, science – technology, natural resources - environment, transport and other fields as prescribed by Government. Public products and services include the public-interest products and services, and services for public career.

40. Appraisal in the course of selecting contractor or investor means check and assessment plan on selecting bidders/investors, EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals and results of invitation for expression of interest, results of prequalification, results of selection of bidder/ investor as the basis for the authorized person to consider and make a decision on approval in accordance with this Law.

41. Deadline for submission of bids means the expiry time of receiving EOI responses, Applications, Bids, Proposals.

42. Validity period of Bids, Proposals means number of days stipulated in Bid, Request for Proposals and calculated from the deadline for submission of bids to the end effect day as prescribed in Bidding Documents, Requests for Proposals. From the deadline for submission of bids until ending of 24 hours of day of deadline for submisison of bids is calculated as 01 day.

43. Expert group includes individuals with qualifications set up by the Procuring Entity or the bid consultancy unit in order to assess EOI responses, Applications, Bids, Proposals and perform other tasks during selection of bidders/investors.

44. State capital includes state budget funds; national bonds, Governmental bonds, bonds of local authorities; official development assistance capital, concessional loans from donors; fund for development of non-business activities; credit facilities for investment and development of the State; credit facilities guaranteed by the Government, loans guaranteed by assets of state; investment and development funds of State-owned enterprises, and value of land-use right.

45. Works include construction and installation of works and work items.

Article 5. Eligibility of bidders/investors

1. A bidder or investor being an organization shall be deemed to be eligible when it satisfies the following conditions:

a) Having registration for establishment and operation issued by the competent authority of country where it is operating;

b) Keeping independent accounting records;

c) Not undergoing dissolution process, are not thrown into bankruptcy, and do not incur bad debts as prescribed by law.

d) Having registered on National E-procurement System;

dd) Ensuring the competitiveness in bidding as prescribed in Article 6 hereof;

e) Not being banned from bidding;

g) Its name is stated in short list for case where the short list has been selected;

h) Being in a joint venture with domestic contractors or employment of domestic subcontractors in case of a foreign contractor making an international bidding in Vietnam, unless the domestic contractor cannot acquire the competencies necessary to perform any portion of the package.

2. A bidder or investor being an individual shall be deemed to be eligible when it satisfies the following conditions:

a) Having full legal capacity as per the law of the country of which such individual is a citizen;

b) Having an appropriate professional certificate as prescribed by law;

c) Having lawful registration for operation as prescribed by law;

d) Not facing a criminal prosecution;

d) Not being banned from bidding.

3. Bidders and investors with eligibility as prescribed in Clause 1 and Clause 2 of this Article may make a bid as an independent bidder/investor or in a joint venture; in case of joint venture, it must have written agreement among members, in which clearly stating responsibilities of the leading JV's Party and general responsibilities, particular responsibilities of each JV’s Party.

Article 6. Ensuring competitiveness in bidding

1. Bidders submitting EOI responses, Applications must be legally and financially independent with consulting bidders for making EOI requests, Prequalification Documents; assessment of EOI responses, Applications; appraisal for results of invitation for interest, results of prequalification.

2. Bidders making a bid must be legally and financially independent with the following parties:

a) Investor, Procuring Entity;

b) The consulting bidders for the making, verification, and appraisal of dossiers of design and estimate; the making, verification of Bidding Documents, Request for Proposals; assessment of Bids, Proposals; appraisal of results of selecting bidder of such package;

c) Other bidders that participate in same package for limited bidding.

3. A consulting bidder who supervises execution of a contract must be legally and financially independent from the bidder who performs the contract, the consulting bidder who verifies such package.

4. Investors making a bid must be legally and financially independent with the following parties:

a) The consulting bidders for bidding for investment projects in form of public-private partnership (PPP), investment projects with land use, until day of signing the project contract;

b) The consulting bidder that verifies the investment project in form of public-private partnership (PPP), investment project with land use, until day of signing the project contract;

c) Competent regulatory agencies, and the Procuring Entity.

5. The Government shall elaborate this Article.

Article 7. Conditions for issuing the Bidding Documents, Request for Proposals

1. The Bidding Documents, Request for Proposals of a package may be only issued to select bidders when having full the following conditions:

a) The approved plan on selection of bidders;

b) The approved Bidding Documents, Request for Proposals include contents of requirements on procedures for bidding, Bid Data Sheet; criteria for evaluation, forms of bidding, volume table of bid invitation; requirements on progress, techniques, quality; general conditions, particular conditions of contracts, model contracts and other necessary contents;

c) Invitation to Bid, Notice of Proposed Procurement or short list must be published as prescribed by this Law;

d) Capital sources for package are allocated under the time for performance of package;

dd) Content, list of goods, services and estimates already been approved by competent person in case of recurrent procurement and centralized procurement;

e) Ensuring the handing over of construction ground under time for performance of package.

2. Bidding Documents, Request for Proposals of a project may be only issued to select investors when having full the following conditions:

a) Project under list of projects announced by Ministries, Ministerial agencies, Governmental agencies, the People’s Committees of provinces or central-affiliated cities as prescribed by law or projects proposed by investors;

b) The approved plan on selection of bidders;

c) The approved Bidding Documents, Request for Proposals;

d) Invitation to Bid, or short list must be published as prescribed by this Law.

Article 8. Information of bidding

1. All information must be published on National E-procurement System, bidding newspapers including:

a) The plan on selection of bidders/investors;

b) Notice of invitation for expression of interest, notice of invitation for prequalification;

c) Notice of Proposed Procurement, Invitation to Bid;

d) Short list;

dd) Results of selection of bidders/investors;

e) Results of bid opening for online bidding;

g) Information on handling of violations of law on procurement;

h) Legal documents on bidding;

i) List of investment projects in the form of public-private partnership, projects with land use;

k) The database of bidders/investors, bidding experts, lecturers of bidding, and establishments of training on bidding;

l) Other relevant information.

2. The information defined at Clause 1 this Article is encouraged to publish on websites of Ministries, sectors and localities or on other means of mass media.

3. The Government shall elaborate this Article.

Article 9. Language of bid

Language to be used in bidding shall be Vietnamese in the case of domestic bidding, and English or Vietnamese and English in the case of international bidding.

Article 10. Currencies of bid

1. For domestic bidding, bidders are only allowed to have bid quotation in Vietnam dong.

2. For international bidding:

a) Bidding Documents, Request for Proposals must state the currency for bidding in Bids, Proposals but not exceeding three currencies; for a specific work item, only give bid quotation in a currency kind;

b) In case where Bidding Documents, Request for Proposals stipulate that bidders may have bid quotation in two or three currencies when assessing Bids, Proposals, quotation must be converted into a currency kind; if having Vietnam dong used in such currencies, quotation must be converted into Vietnam dong. Bidding Documents, Request for Proposals must stipulate the convertible currency, time and bases to determine the exchange rate for converting;

c) For domestic costs involving performance of package, bidders must have a bid quotation in Vietnam dong;

d) For overseas costs involving performance of package, bidders may have a bid quotation in foreign currency.

Article 11. Bid Security

1. Bid Security shall apply in the following cases:

a) Competitive bidding, limited bidding, and Shopping Method for procurement of non-consulting service provision, goods procurement, works, and mixed package;

b) Competitive bidding and Direct Contracting for selection of investor.

2. Bidders and investors must conduct measures for Bid Security before deadline for submission of bids for Bids, Proposals; case of applying method of two-stage bidding, bidders must provide a Bid Security during stage two.

3. Value of Bid Security is stipulated as follows:

a) For selection of bidder, value of Bid Security is stipulated in Bidding Documents, Request for Proposals under a defined amount of between 1% and 3% of package price basing on the scale and nature of each particular package;

b) For selection of investor, value of Bid Security is stipulated in Bidding Documents, Request for Proposals under a defined amount of between 0.5% and 1.5% of total investment basing on the scale and nature of each particular project.

4. The validity period of Bid Security is stipulated in Bid, Request for Proposals equal to the validity period of the Bids, Proposals plus thirty (30) days.

5. In case of extending the period of validity of Bids, Proposals after deadline for submission of bids, and the Procuring Entity must require bidders/investors to extend the period of validity of their Bid Security for an equivalent term. In such a case, bidders/investors must extend the period of validity of their Bid Security and not be permitted to change the contents of their submitted Bids, Proposals. If any bidder or investor refuses to extend the period of validity, his Bid, Proposal will be no valid longer and be rejected, the party calling for tenders shall return or release the biding guarantee to the bidder/investor within 20 days, since the Procuring Entity receives a written refusal for extension.

6. If a joint venture makes a bid, every JV's Party may perform separate Bid Security or make agreement in which one member will be responsible for implementation of its Bid Security or for Bid Security of JV's Parties. Total value of Bid Security is not lower than the value required in Bidding Documents, Request for Proposals. If any JV's Party violates Clause 8 of this Article, Bid Security of all JV's Parties will not be returned.

7. The Procuring Entity shall return or release Bid Security to bidders or investors who are not selected under the duration specified in Bid, Request for Proposals but not exceeding 20 days, after the day of approving result of selection of bidder/ investor. For the selected bidder/investor, his Bid Security will be returned or released after he provides a Performance Security as prescribed in Article 66 and Article 72 of this Law.

8. A Bid Security shall not be returned in the following cases:

a) The bidder or investor withdraws Bid, Proposal after deadline for submission of bids when the Bid, Proposal still remains valid;

b) The bidder or investor violates law on procurement which leads to be cancelled bid as prescribed at Clause 4 Article 17 of this Law;

c) The bidder or investor fails to provide a Performance Security as prescribed at Article 66 and Article 72 of this Law;

d) The bidder fails or refuses to negotiate and finalize the contract, within a period of twenty (20) days from the date of receipt of notification of winning bid from the Procuring Entity or has negotiated and finalized the contract but refuses to sign the contract except for force majeure cases;

dd) The investor fails or refuses to negotiate and finalize the contract, within a period of thirty (30) days from the date of receipt of notification of winning bid from the Procuring Entity or has negotiated and finalized the contract but refuses to sign the contract except for force majeure cases.

Article 12. Time limits applicable during selection of bidders/investors

1. Time limits applicable during selection of bidders:

a) The maximum time for approval of plan on bidder selection shall be 05 working days after receiving report on appraisal;

b) EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals shall be issued after 03 working days from the first day of publishing notice of invitation for submission of EOI responses, notice of prequalification invitation, Invitation to Bid, Notice of Proposed Procurement, sending of Invitation to Bid before deadline for submission of bids;

c) Duration for preparing EOI responses shall be at least 10 days for domestic bidding and 20 days for international bidding, from the first day when EOI requests are issued until deadline for submission of bids; Bidders must submit EOI responses before deadline for submission of bids;

d) Duration for preparing Applications shall be at least 10 days for domestic bidding and 20 days for international bidding, from the first day when Prequalification Documents are issued until deadline for submission of bids. Bidders must submit Applications before deadline for submission of bids;

dd) Duration for preparing Proposals shall be at least 05 working days, from the first day when Requests for Proposals are issued until deadline for submission of bids. Bidders must submit Proposals before deadline for submission of bids;

e) Duration for preparing the Bids shall be at least 20 days for domestic bidding and 40 days for international bidding, from the first day when Bidding Documents are issued until deadline for submission of bids. Bidders must submit the Bids before deadline for submission of bids;

g) The maximum time allowed for assessment of EOI responses, Applications shall be 20 days, for Proposals shall be 30 days, for Bids shall be 45 days in the case of domestic bidding, as from the deadline for submission of bids until the date the Procuring Entity submits to investor for approving the results of contractor selection. The maximum time allowed for assessment of EOI responses, Applications shall be 30 days, for Proposals shall be 40 days, for Bids shall be 60 days in the case of international bidding, as from the deadline for submission of bids until the date the Procuring Entity submits to investor for approving the results of contractor selection. In necessary case, time for assessment of dossiers of Bid, Proposal may be prolonged but not exceed 20 days and must ensure time for performance of project;

h) The maximum time for appraisal shall be 20 days for each content of appraisal: plan on selection of bidder, EOI requests, Prequalification Documents, Bidding Documents, Request for Proposals, result of selection of bidder after receiving full the submitted documents;

i) The maximum time for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents shall be 10 days, as from the date of receiving the written request for approving EOI requests, Prequalification Documents, Request for Proposals, Bidding Documents of the Procuring Entity or the appraisal report in case of having appraisal requirement;

k) The maximum time for approving or giving the handling opinion on result of bidder selection shall be 10 days, as from the date of receiving the written request for approving the result of bidder selection of the Procuring Entity or the appraisal report in case of having appraisal requirement;

l) The maximum period of validity of a Bid, Proposal shall be 180 days as from the deadline for submisison of bids; in case of package with bid scale, complex nature, package under two-stage bidding method, the maximum period of validity of a Bid shall be 210 days, as from the deadline for submisison of bids. In necessary cases a bidder may request extension of the period of validity of his Bid, Proposals, and must ensure progress of project;

m) Time for sending a document to modify a Bid to bidders already received Bid shall be 10 days minimally for domestic bidding and 15 days minimally for international bidding before day of deadline for submisison of bids; for modification of dossier of invitation for expression of interest, Prequalification Document, Request for Proposals, it shall be 03 working days minimally before day of deadline for submisison of bids. If time for sending a document to modify dossiers fail to meet provision at this point, the Procuring Entity shall perform extension of deadline for submisison of bids time respectively in order to ensure provision on time for sending a document to modify a dossier of invitation for expression of interest, dossier of prequalification invitation, Bid or Request for Proposals;

n) Time-limit for sending notice of contractor selection result to bidders bidding via post, facsimile shall be 05 working days, as from the date of approving the result of bidder selection.

2. The Government shall elaborate Time limits applicable during selection of bidder for packages with small scale, packages with participation of community; Time limits applicable during selection of investor; Time limits applicable during selection of bidder or investor via network.

Article 13. Expenses associated with bidding

1. Expenses associated with the process of selection of bidder include:

a) Expenses associated with preparation of EOI responses, Applications, Bids, Proposals and participation in bidding shall be borne by bidders;

b) Expenses associated with process of bidder selection shall be included in total investment or estimated budget of procurement;

c) EOI requests, Prequalification Documents shall be issued to bidders free of charge;

d) Bidding Documents, Requests for Proposals shall be sold or issued free of charge to bidders.

2. Expenses associated with the process of selection of investor include:

a) Expenses associated with preparation of Applications, Bids, Proposals and participation in bidding shall be borne by investors;

b) Expenses associated with process of investor selection shall be financed by state, other lawful capital sources and included in total investment;

c) The investor who is selected to perform project must pay expenses associated with process of investor selection;

d) Prequalification Documents, Bidding Documents, Requests for Proposals shall be sold to investors.

3. Expenses associated with the process of online bidding include:

a) Expenses associated with participation in National E-procurement System, expenses associated with publishing information of bidding and other expenses;

b) Expenses associated with submission of a bid, organization of bid as prescribed at Clause 1 and Clause 2 of this Article.

4. The Government shall elaborate this Article.

Article 14. Preferential treatment in selection of bidders

1. Bidders shall be enjoyed preferential treatment when participating in domestic or international bidding to supply goods of which costs for domestic production occupy 25% or more.

2. Entities entitled to preferential treatment in international bidding to supply the consulting services, non-consulting services, construction include:

a) Domestic bidders with individual status or in a joint venture;

b) Foreign bidders in joint venture with domestic bidders in which the domestic bidders take over from 25% or more of work value of package.

3. Entities entitled to preferential treatment in domestic bidding to supply the consulting services, non-consulting services, construction include:

a) Bidders employing female laborers of 25 % or more of laborer quantity;

b) Bidders employing laborers being invalids, disable people of 25 % or more of laborer quantity;

c) Bidders being small-size enterprises.

4. Preferential treatment is calculated to apply during assessing the Bids, Proposals in order to compare, rank the Bids, Proposals according to one of the following methods:

a) Plus more points into the assessment point of bidders belonging to entities entitled to preferential treatment;

b) Plus more amount into bid price or assessment price of bidders not belonging to entities entitled to preferential treatment.

5. Entities and content or preferential treatment in selection of bidder specified in this Article shall not apply in case where International treaties in which the Socialist Republic of Vietnam is a contracting party or international agreements between Vietnam and donors otherwise provides for preferential treatment in selection of bidder.

6. The Government shall elaborate this Article.

Article 15. International bidding

1. International bidding shall be held to select bidder only when it meets one of the following conditions:

a) The donor of package requests for holding international bidding;

b) Packages for procurement of goods where the goods are not yet able to be manufactured domestically or able to be manufactured but fail to meet technical, quality or price requirements. In case of common goods, already been imported and offered for sale in Vietnam, do not organize international bidding;

c) Packages of providing consulting service, non-consulting service, works, mixture provision which domestic bidders are not able to satisfy requirements of package performance.

2. Investment projects in form of public-private partnership (PPP), investment projects with land use, except for cases limited investment as prescribed by law on investment.

3. The Government shall elaborate this Article.

Article 16. Conditions for individuals to participate in bidding activities

1. Individuals participating in bidding activities must possess certificate of training on bidding and have professional expertise, capability, experiences, language appropriate to the requirements of the package, project, except for individuals belonging to bidders/investors.

2. Individuals who directly participate in making EOI requests, Prequalification Documents, Bidding Documents, Requests for Proposals; assessment of EOI responses, Applications, Bids, Proposals of professional bidding organizations, enterprises, units operating in consulting for bidding, professional management board of projects must have certificate of practicing on bidding operation.

Article 17. In case of bidding cancellation

1. All Bids, Proposals failed to satisfy the requirements of the Bid Documents, Request for Proposals.

2. Alteration of the objectives or scope of the investment stated in the Bid Documents, Request for Proposals.

3. The Bid Documents, Request for Proposals failed to comply with legislation on bidding or other relevant legislation that lead to the failure of the selected bidder or investor to meet requirements to perform package, project.

4. There is evidence showing the handing, taking, brokerage of bribes, conclusion with each other in bidding, fraud, taking advantage of positions, powers aiming to interfere illegally in bidding activities that lead to the falsified result of selecting the bidder/investor.

Article 18. Responsibilities upon bidding cancellation

Organizations and individuals infringing law on procurement that lead to bidding cancellation as prescribed in Clause 3 and Clause 4 Article 17 of this Law must compensate expenses associated with related parties and be handled as prescribed by law.

Article 19. Training and capacity building on bidding

1. Facilities are entitled to hold activities of training and capacity building on bidding for individuals specified in Article 16 of this Law upon satisfying the following conditions:

a) Be established and operate as prescribed by law;

b) Have material facilities, documents for teaching which meet standards as prescribed by regulatory bodies on bidding activities;

c) Have contingent of lecturers on bidding possessing certificate of practicing in bidding operation;

d) Have name in list of facilities of bidding training on National E-procurement System.

2. Facilities of bidding training have the following responsibilities:

a) Ensure quality of training and capacity building; supply information on their training facilities to the regulatory bodies on bidding operation;

b) Perform activities of training and capacity building on the basis of framework programs on training in bidding and grant the certificates of bidding for learners in accordance with regulations;

c) Store all dossiers of courses of training and capacity building in bidding which are held by them in accordance with regulations;

d) Conduct annual reports and reports at the request of regulatory bodies of bidding operation about situation of training and capacity building in bidding.

3. The Government shall elaborate this Article.