Section 1 PURCHASE OF AIRCRAFT
Article 14. Investment procedures
1. The formulation, submission, appraisal, approval and implementation of aircraft investment projects comply with current regulations on investment.
2. In a special case subject to approval of the Prime Minister, an enterprise may concurrently formulate an investment project and negotiate with aircraft manufacturers.
Article 15. Forms and method of selection of aircraft suppliers
1. Forms:
a/ Open bidding;
b/ Restricted bidding;
c/ Contractor appointment through direct negotiations.
Contractor appointment through direct negotiations is applicable when the aircraft supplier is the aircraft manufacturer. The application of this form must be permitted by the Prime Minister.
2. Method of selection:
The method of selection of aircraft suppliers is that of single-dossier bag. An aircraft supply bidder shall submit a dossier containing technical and financial proposals as required by the requirement dossier.
Article 16. Procedures for selection of aircraft suppliers in the form of contractor appointment through direct negotiations
1. Invitation for participation in contractor appointment:
a/ Aircraft shall be purchased directly from aircraft manufacturers. Depending on each type or model of aircraft to be purchased, a letter of invitation and a requirement dossier shall be sent directly to the manufacturer of the aircraft type concerned;
b/ For the case specified in Clause 2, Article 14 of this Decree, an enterprise may purchase aircraft directly from an aircraft manufacturer without having to send letters of invitation for bidding and to issue a requirement dossier.
2. Basic contents of a requirement dossier:
a/ Aircraft: Type, engine and configuration of aircraft (for used aircraft, information on the year of manufacture, ex-workshop number, type of engine and configuration of aircraft is required);
b/ Form of purchase;
c/ Time of aircraft delivery;
d/ Price of aircraft;
e/ Aircraft overhaul fund (applicable to used aircraft);
f/ Deposit;
g/ Insurance related to aircraft and aircraft operator (applicable to used aircraft);
h/ Validity duration of a proposal dossier;
i/ Attached documents (applicable to used aircraft): Technical parameters of aircraft, including information on fuselage and engine; compartment layout; seating layout; and standards of aircraft kitchen.
3. Time for preparation of a proposal dossier: At least 15 days from the date of issuance of a requirement dossier, an invited bidder shall prepare a proposal dossier containing technical, financial and commercial proposals.
4. Ways of sending proposal dossiers: An interested bidder may send his/her/its proposal dossier directly, by post, via fax or e-mail but shall assure that this dossier contains the signature of his/her/its at-law representative. Proposal dossiers of Vietnamese bidders must have also a certification seal. Proposal dossiers made in the electronic form must comply with the law on e-transactions.
5. The bid solicitor shall invite interested bidders to negotiate on contracts, and to explain, clarify, amend or supplement necessary details of their proposal dossiers in order to prove their satisfaction of the set requirements.
6. Submission for approval, appraisal and approval of contractor appointment results: Based on contractor appointment results and appraisal reports, the person with investment-deciding competence shall approve contractor appointment results.
7. Negotiations on, finalization and signing of contracts:
Based on a decision approving contractor appointment results, an enterprise shall negotiate and finalize a contract with the appointed contractor for signing. Only after being approved by the person with investment-deciding competence, will such contract be valid.
The procedures for approving contractor appointment results comply with the Bidding Law.
8. In a special case subject to approval of the Prime Minister, an enterprise may pay a (refundable) deposit for aircraft booking and enjoying other preferences before formulating a project or signing a contract on aircraft purchase.
Article 17. Procedures for selection of aircraft suppliers through open bidding or restricted bidding
The order and procedures for selection of aircraft suppliers through open bidding or restricted bidding comply with current regulations on bidding.
Article 18. Bid and contract performance guarantees
In case of contractor appointment through direct negotiations, bidders may be exempt from paying bid and contract performance guarantees.
Enterprises shall base themselves on the characteristics, size and capacity of specific bidders to decide whether to exempt these bidders from paying bid and contract performance guarantees.
Article 19. Contract forms
1. Package contracts: Contract prices are kept unchanged throughout the course of contract performance.
2. Adjustable-price contracts: Contract prices are calculated according to basic prices and the inflation formula provided in contracts. Basic prices are kept unchanged throughout the course of contract performance.
Section 2 PURCHASE OF AIRCRAFT ENGINES
Article 20. Forms and method of selection of aircraft engine suppliers
1. Forms and method of selection of aircraft engine suppliers
a/ For first-time aircraft investment or lease: For aircraft engines and standby aircraft engines accompanying aircraft investment projects and engines of leased aircraft which purchasers are entitled to select, the selection of engine suppliers shall be conducted in the form of competitive bidding under Article 21 of this Decree;
b/ For investment in or lease of additional aircraft of the same type: For aircraft engines and standby aircraft engines accompanying aircraft investment projects and engines of leased aircraft which purchasers are entitled to select, the selection of engine suppliers shall be conducted in the form of contractor appointment under Article 16 of this Decree;
c/ For types of aircraft for which aircraft manufacturers recommend a single type of engine: The selection of engine suppliers shall be conducted in the form of contractor appointment through direct negotiations according to the procedures specified in Article 16 of this Decree;
d/ For standby aircraft engines: The selection of engine suppliers shall be conducted in the form of competitive bidding or direct purchase from selected engine manufacturers.
2. Bids sent directly or by post or via fax or e-mail are accepted provided they contain signatures of bidders' at-law representatives. Bids of Vietnamese bidders must contain also certification seals. Bids made in the electronic form must comply with the law on e-transactions.
3. Enterprises shall base themselves on the characteristics, size and capacity of specific bidders to decide whether to exempt these bidders from paying bid and contract performance guarantees.
Article 21. Procedures for purchase of aircraft engines in the form of competitive bidding
1. Organization of first-time competitive bidding:
a/ Step 1: Making the first-time requirement dossier under Clause 3 of this Article.
b/ Step 2: Inviting bidders to participate in competitive bidding.
The competent person of the enterprise shall decide to apply either of the forms of invitation for competitive bidding specified in Clause 4 of this Article.
c/ Step 3: Clarifying dossiers.
Based on first-time proposal dossiers of aircraft engine suppliers, the enterprise shall discuss directly with bidders to clarify details of these dossiers, including post-sale assistances as required in the first-time requirement dossier, warranty conditions, training, and the method of evaluation of selected engines to be applied on the same plane.
The time limit for this step is 30 days.
2. Organization of second-time competitive bidding:
a/ Making the second-time requirement dossier with the same contents as the first-time requirement dossier on the principle of keeping unchanged the assistances and compulsory requirements for conversion to the same plane and technical specifications of engines in the first-time proposal dossiers;
b/ Sending the second-time requirement dossier to aircraft engine suppliers that have participated in the first-time competitive bidding. The time for bidders to prepare second-time proposal dossiers is at least 10 days.
c/ Evaluating the second-time proposal dossiers and selecting a type of aircraft engine and an engine supplier that has a proposal dossier with the lowest evaluated price, then submit them to a competent authority for approval.
The time limit for this step is 60 days.
3. Basic contents of a first-time requirement dossier:
a/ Contract address and officers;
b/ Information on type and number of aircraft, aircraft delivery schedule, number of requested engines (engines mounted on wings and standby engines), engine deliver}' schedule, maximum takeoff weight, average flight duration, average number of flights per year, running time and other relevant parameters;
c/ Request for engine-related information like reliability of engines in operation, operation utilities, maintenance requirements and transport utilities;
d/ Information on post-sale assistances such as warranty, training, technical assistance experts, technical documents and other assistances, if any; the market situation of this type of engine and other information (if any);
e/ Request for bids of engine prices and standby engine prices and for discounts;
f/ The method of payment.
4. Forms of invitation for competitive bidding:
a/ Publishing an announcement of the aircraft engine purchase in the mass media for at least 3 consecutive issues of a Vietnamese-language newspaper and one issue of an English-language newspaper;
b/ Sending letters of invitation for bidding to engine suppliers approved by aircraft manufacturers.
5. The interval between the date of first publication of an invitation for competitive bidding or the date of sending the requirement dossier and the date of issuance of the requirement dossier is at least 5 days. The time for preparation of a first-time proposal dossier is at least 10 days after the date of issuance of the first-time requirement dossier.
6. Ways of sending a proposal dossier: An aircraft engine supplier participating in the bidding may send a proposal dossier directly, by post or via fax or e-mail but shall assure that this dossier contains his/her/its at-law representative's signature. Proposal dossiers of Vietnamese bidders must contain also a certification seal. Proposal dossiers made in the electronic form must comply with the law on c-transactions.
Article 22. Method of evaluation for selection of aircraft engine suppliers
1. The method of evaluation for selection of aircraft engine suppliers is synthesizing results of legal, technical, commercial and financial evaluations:
a/ Legal evaluation: To examine lawful rights of the aircraft engine seller to aircraft engines and the legal requirements specified in Article 7 of this Decree;
b/ Technical evaluation: To examine the satisfaction of leased aircraft engines with the requirements on technical state, characteristics and configuration and related legal certificates. To be further examined and evaluated, a proposal dossier must be evaluated to be technically satisfactory;
c/ Commercial evaluation: To examine the satisfaction of aircraft engines with the operation requirements of the enterprise and the aircraft engine delivery schedule;
d/ Financial evaluation: To make an overall evaluation of prices, operation investment and insurance expenses and other expenses.
2. The evaluation of results of direct negotiations shall also be conducted according to the above criteria. The winning bidder is the one obtaining the best overall evaluation result.
Tìm kiếm
Nghị định 110/2011/NĐ-CP về quản lý hoạt động thuê, mua tàu bay, động cơ, phụ tùng vật tư và dịch vụ bảo dưỡng, sửa chữa tàu bay, động cơ, phụ tùng vật tư tàu bay (Bản Word)