Chương V Nghị định 24/2024/NĐ-CP: Quy trình chỉ định thầu, chào hàng cạnh tranh, mua sắm trực tiếp, tự thực hiện, lựa chọn nhà thầu trong trường hợp đặc biệt và lựa chọn nhà thầu thực hiện gói thầu có sự tham gia thực hiện của cộng đồng

Chapter V

DIRECT CONTRACTING, SHOPPING METHOD, DIRECT PROCUREMENT, SELF-PERFORMANCE, CONTRACTOR SELECTION IN SPECIAL CASES AND CONTRACTOR SELECTION TO PERFORM COMMUNITY-INVOLVED PACKAGE

Section 1. DIRECT CONTRACTING

Article 76. Ordinary procedures for direct contracting if only one bidder is identified to receive request for proposal (RFP)

1. Direct contracting must be approved in the specific contractor selection plan. The ordinary procedures for direct contracting are applied to packages specified in Points d, dd, e, g, h, i, k and l, Clause 1, Article 23 of the Bidding Law; the employer decides to send the RFP to a bidder.

2. Contractor selection preparation, including:

a) Preparation of RFP:

Contents of the RFP: brief description of the project, procurement estimate, package; instructions for preparing and submitting proposals; evaluation criteria for bidder's capacity and experience; technical evaluation criteria; determine the package price for direct contracting; contract conditions.

Use pass and fail criteria for capacity and experience evaluation and technical evaluation. The RFP must clearly state the marking, trademark, specific origin of the goods, and relevant technical and service requirements (if any);

b) Submission, appraisal of and approval for the RFP: The RFP must be appraised according to Article 129 of this Decree before approval.  Approval for RFP must be based on the approval report and appraisal report of RFP.

c) Identification of the bidder expected to receive the RFPs:

Based on the scale and nature of the package and preliminary information about the bidder capable of performing the package, the employer determines a bidder expected to receive the RFP. No detailed evaluation of a bidder's capacity or experience is needed at this stage.

The expected bidder for direct contracting and RFP if they meet eligibility requirements as prescribed in Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Bidding Law (for non-household businesses); or if they meet eligibility requirements specified in Points a and b, Clause 2 and Points d, e, Clause 1, Article 5 of the Bidding Law (for household businesses). Individuals and groups that bid on goods procurement packages with innovative products will qualify for direct contracting and RFP if they meet the eligibility requirements of Clause 3, Article 5 of this Decree.

3. Organization of contractor selection:

a) RFP is issued to the expected bidder for direct contracting;

b) The bidder prepares and submits the proposal based on the RFP.

4. Evaluation of the proposal and negotiation of the bidder's proposal details:

a) The evaluation of the proposal is carried out according to the evaluation criteria specified in the RFP. During the evaluation process, the procuring entity invites the bidder to negotiate (if any), clarify or amend the proposal details to demonstrate that they meet the requirements of capacity, experience and progress, volume, quality, technical solutions and measures to perform the package;

b) A bidder is expected to receive direct contracting when they fully meet the following requirements: have valid proposals; have capacity, experience and technical proposals that meet the requirements of the RFP; their successful bid does not exceed the approved package price.

5. Submission, appraisal of, approval for, and publication of direct contracting result

The submission, appraisal of, approval for, and publicization of direct contracting result shall comply with Article 31 of this Decree.

6. Finalization, signing, and management of contract performance:

The contract signed between the parties must be consistent with the decision on approval for the direct contracting result, proposal, RFP and other related documents. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree.

Article 77. Ordinary procedures for direct contracting if the employer sends RFPs to more than one bidder

1. Direct contracting must be approved in the specific contractor selection plan. For packages specified in Points dd, e, h, k and l, Clause 1, Article 23 of the Bidding Law, the employer decides whether to choose a single expected bidder for direct contracting and send the RFP to that bidder following the process specified in Article 76 of this Decree, or determine and approve a list of multiple expected bidders for RFPs according to the process specified in this Article.

2. Preparation, appraisal of and approval for the RFPs:

Contents of the RFPs: brief description of the project, procurement estimate, package; instructions for preparing and submitting proposals; evaluation criteria for bidder's capacity and experience; technical evaluation criteria; determination of the least cost; contract conditions.

Use pass and fail criteria for capacity and experience evaluation and technical evaluation. The RFP must clearly state the marking, trademark, specific origin of the goods, and relevant technical and service requirements (if any);

b) Submission, appraisal of and approval for the RFPs:

RFPs must be appraised according to Article 129 of this Decree before approval.  Approval for RFPs must be based on the approval report and appraisal report of RFPs.

c) Identification of the list of bidders expected to receive the RFPs:

Based on the scale and nature of the package and preliminary information about the bidders capable of performing the package, the employer determines at least 3 bidders expected to receive the RFPs. No detailed evaluation of these bidder's capacity or experience is needed at this stage.

Bidders expected to receive RFPs if they meet eligibility requirements as prescribed in Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Bidding Law (for non-household businesses); or if they meet eligibility requirements specified in Points a and b, Clause 2 and Points d, e, Clause 1, Article 5 of the Bidding Law (for household businesses). Individuals and groups that bid on goods procurement packages with innovative products will qualify for receiving RFPs if they meet the eligibility requirements of Clause 3, Article 5 of the Bidding Law.

3. Organization of contractor selection:

a) The RFPs are issued to bidders on the list of bidders expected to receive the RFPs;

b) The bidder prepares and submits the proposal based on the RFPs.

4. Evaluation of and clarifications to proposals, error correction and deviation adjustment, bidder ranking:

a) Principles for evaluating a proposal comply with Article 27 or Article 64 of this Decree;

b) The proposal clarification shall comply with Article 28 or Article 65 of this Decree;

c) Error correction and deviation adjustment are carried out in accordance with Article 29 or Article 66 of this Decree;

d) The proposal evaluation shall comply with Article 30 or Article 67, Article 68 of this Decree;

dd) Bidder ranking is carried out according to regulations in the RFPs.

5. Contract negotiations (if any):

If the package applies contract negotiation, the first-ranked bidder is invited by the procuring entity to negotiate the contract. During the negotiation process, the procuring entity may request the bidder to clarify or amend the proposal details to demonstrate that they meet the requirements of capacity, experience and progress, volume, quality, technical solutions and measures to perform the package. If the negotiation is not successful, the procuring entity will report to the employer for consideration and decide whether to invite the next ranked bidder to negotiate.

6. Submission, appraisal of, approval for, and publication of direct contracting result:

The submission, appraisal of, approval for, and publicization of direct contracting result shall comply with Article 31 of this Decree.

7. Finalization, signing, and management of contract performance:

The contract signed between the parties must be consistent with the decision on approval for the direct contracting result, proposal, RFPs and other related documents. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree.

Article 78. Shortened direct contracting procedures

1. The shortened direct contracting of bidders in the cases specified in Points a, b and c, Clause 1, Article 23 of the Bidding Law does not require approval in the specific contractor selection plan.

2. Based on the scale and nature of the package and preliminary information about the bidder capable of performing the package, the employer or the agency directly managing the package will identify and assign it to a bidder capable of immediately performing the package. Within 15 days from the start date of performing the package, the parties must complete the direct contracting procedure including the following steps:

a) Prepare and send a draft contract to the bidder that defines the requirements for the scope and content of the work to be performed, performance duration, quality of work to be achieved and corresponding value;

b) Finalize the contract;

c) Submit and approve the direct contracting result;

d) Sign a contract with the appointed bidder;

dd) Manage contract performance;

e) Publicize the direct contracting result on VNEPS.

3. Direct contracting for packages within the direct contracting limit as prescribed in Point m, Clause 1, Article 23 of the Bidding Law must be approved in the specific contractor selection plan. The shortened direct contracting is carried out as follows:

a) Prepare and send a draft contract to the bidder:

The procuring entity, based on the objectives and scope of work, prepares and sends the draft contract to a bidder capable of performing the package. The content of the draft contract includes requirements on the scope and content of work to be performed, performance duration, quality of work to be achieved, corresponding value and other necessary matters;

b) Finalize the contract, submit, approve and publicize the contractor selection result:

Based on the draft contract, the procuring entity and the bidder proposed for direct contracting finalize the contract as a basis for submitting and approving the contractor selection result and signing the contract.  The publicization of direct contracting result shall comply with Clause 6 Article 31 of this Decree;

c) Signing and management of contract performance:

The contract signed between the parties must be consistent with the decision on approval for contractor selection result and other related documents. The management of contract performance shall comply with Article 33 of this Decree.

If the employer does not apply the shortened procedures specified in Clause 2 of this Article but applies the ordinary procedures, they shall comply with Article 76 or Article 77 of this Decree.

Section 2. SHOPPING METHOD, DIRECT PROCUREMENT, SELF-PERFORMANCE

Article 79. Shopping method process

1. Contractor selection preparation, including:

a) The bidding documents are prepared in accordance with Clauses 1 and 2, Article 24 of this Decree. Bidding documents include the following contents: brief description of the project, procurement estimate, package; instructions to bidders; bid data sheet; evaluation criteria for the validity of bids; evaluation criteria for capacity, experience and technical evaluation using pass and fail criteria; financial evaluation criteria according to the least-cost selection or evaluated price selection method.

For goods procurement and construction packages, depending on the scale and nature of the package, bidding documents may or may not include evaluation criteria for capacity and experience, but bidders must commit to having sufficient capacity and experience to perform the package. For non-consulting service packages, bidding documents do not require evaluation criteria of capacity and experience.

For goods procurement packages, bidders who are individuals or groups offering innovative products that meet the requirements in Clause 4, Article 5 of this Decree may be exempt from certain criteria outlined in Clause 3, Article 9 of this Decree. Bidders being household businesses are exempt from submitting financial statements and meeting net asset value requirements;

b) Appraisal of and approval for  bidding documents:

Bidding documents must be appraised according to Article 129 of this Decree before approval.  Approval for bidding documents must be based on the approval report and appraisal report of bidding documents.

2. Organization of contractor selection:

a) The procuring entity posts the invitation to bid and bidding documents on VNEPS according to Point b, Clause 1, Article 8 of the Bidding Law;

b) The amendments or clarifications to the bidding documents shall comply with Clause 2, Article 26 of this Decree;

c) Bidders submit bids according to the requirements of the bidding documents on VNEPS;

d) The procuring entity shall open bids on VNEPS within 2 hours from the bid submission deadline. The minutes of bid opening includes the following contents: name of bidder; bid price; discount (if any); validity period of bid; value and validity period of bid security; package performance duration. Bid opening minutes are posted on VNEPS within 24 hours from the time of bid opening.

3. Evaluation of bids:

a) The bid evaluation principles shall comply with Article 27 of this Decree;

b) The bid clarification shall comply with Article 28 of this Decree;

c) Error correction and deviation adjustment are carried out in accordance with Article 29 of this Decree;

d) The bid evaluation shall comply with Article 30 of this Decree;

dd) Bidder ranking is carried out according to regulations in the bidding documents. The bidder who has the lowest bid price (after error correction, deviation adjustment, and any discounts) (for the least-cost selection) or has the lowest evaluated price (for the evaluated price selection) is ranked first.

4. Submission, appraisal of, approval for, and publication of contractor selection result:

The submission, appraisal of, approval for, and publicization of contractor selection result shall comply with Article 31 of this Decree.

5. Finalization, signing, and management of contract performance:

The contract signed between the parties must be consistent with the decision on approval for contractor selection result, the bid, the bidding documents, and other related documents. The finalization, signing, and management of contracts shall comply with Article 32 and Article 33 of this Decree.

Article 80. Direct procurement process

1. The employer may only apply direct procurement once for goods in the package expected to apply direct procurement within the project execution duration or within a budget year or fiscal year of the procurement estimate; regarding procurement estimates, if the package expected to apply direct procurement has an execution period longer than one year, direct procurement may only be applied once for the goods in that package in all years of the procurement estimate.

2. Contractor selection preparation, including:

a) Preparation of RFPs:

The RFPs includes brief description of the project, procurement estimate, and package; requirements on updated information on bidder’s eligibility, capacity and experience; requirements on supply schedule and commitment to provide goods to ensure technical specifications and quality as required by previous bidding documents; requirements on unit prices of goods and other necessary matters.

In case of direct procurement with other bidders according to Clause 3, Article 25 of the Bidding Law, the RFPs includes evaluation criteria for eligibility, capacity, experience, and technique prescribed in Article 24 of this Decree;

b) Appraisal of and approval for the RFPs:

The RFPs must be appraised according to Article 129 of this Decree before approval.  Approval for RFPs must be based on the approval report and appraisal report of RFPs.

3. The RFPs is issued to the pre-selected bidder. If this bidder is unable to continue performing or refuses to perform the direct procurement package, the employer shall select replacement bidder in this order of priority: a bidder ranked on the previous package’s list, or another bidder who meets the requirements in Clause 3, Article 25 of the Bidding Law.

4. The bidder prepares and submits the proposal based on the RFPs.

5. Evaluation of the proposal and negotiation of the bidder's proposal:

a) Evaluation of the proposal, including: checking the technical aspect and unit price; update information about bidders' capabilities; if choosing a bidder for direct procurement different from the previous successful bidder, the procuring entity must evaluate the eligibility, capacity and experience of that bidder according to Article 30 of this Decree; evaluate performance progress, measures to provide goods, technical solutions and measures to perform the package; other matters (if any);

b) During the evaluation process, the procuring entity invites the bidder to negotiate (if any), clarify or amend the proposal details to demonstrate that they meet the requirements of capacity, experience and progress,  quality, technical solutions and measures to perform the package.

If the VAT law changes after a direct procurement contract is signed, the unit price (including VAT) for the goods cannot exceed the sum of the pre-tax value in the contract and the new VAT amount at the time of applying the direct procurement contract;

A bidder is proposed to win the bid if they meet the requirements of Article 61 of the Bidding Law and the offered goods are identical to the previously awarded goods in terms of manufacturer, origin, marking, and trademark. If the offered goods have a new production version and production year compared to the goods stated in the contract, the situation shall be handled according to Clause 27, Article 131 of this Decree.

6. Submission, appraisal of, approval for and publication of direct procurement result:

a) The contractor selection result is appraised according to Clauses 1 and 4, Article 130 of this Decree before approval.

b) The contractor selection result is approved based on the approval report and report on appraisal of contractor selection result;

c) The contractor selection result must be made public according to Article 31 of this Decree.

7. Finalization, signing, and management of contract performance:

The contract signed between the parties must be consistent with the decision on approval for the direct procurement result, proposal, RFPs and other related documents. The finalization and management of contracts shall comply with Article 32 and Article 33 of this Decree.

Article 81. Self-performance process

1. Prepare self-performance plan and draft assignment agreement and assignment document:

The self-performance plan includes requirements on scope and content of work; value and performance duration; quality of work to be performed; acceptance and payment conditions; work assignment agreement or work assignment document for a dependent accounting unit or affiliated unit (hereinafter referred to as the unit assigned to perform the package).

Payment of salaries, allowances, management costs and other costs shall be agreed upon by the employer and the unit assigned to perform the package.

2. Finalize the self-performance plan:

The employer and the assigned unit will work together to finalize any unclear, incomplete, or unsuitable details in the self-performance plan, draft assignment agreement, assignment documents, and any other relevant matters.

3. Approve and publicize contractor selection result.

4. Sign the work assignment agreement and manage the package performance:

a) The organization that directly manages and uses the package shall sign a work assignment agreement with the unit assigned to perform the package or issue a work assignment document;

b) If the law requires on-site supervision for the package, the organization that directly manages and uses the package will select a consultant which is legally and financially independent from that organization (following the Bidding Law) to supervise the package performance process;

c) The organization that directly manages and uses the package must supervise the package performance on their own in the following cases: the law does not require independent supervision, no independent supervision consultant is interested or available as the package is performed in a disadvantaged area, or the package price of the package is under 1 billion VND.

Section 3. CONTRACTOR SELECTION IN SPECIAL CASES

Article 82. Documents, procedures for contractor selection in special case specified in Points a, b, c and i, Clause 1, Article 29 of the Bidding Law

1. For a case specified in Points a and b, Clause 1, Article 29 of the Bidding Law:

a) An agency shall be assigned by the Minister of Health to make a plan for contractor selection in special case for consideration;

b) The Minister of Health shall assign an affiliated agency to appraise the request before decision;

c) Required documents in the plan for contractor selection in special case for appraisal and approval includes a request for approval and related documents. The request for approval for contractor selection plan in special case includes the following contents: basic information about the project, procurement estimate, package (name of the project, procurement estimate, package); capital sources, total investment of the project, estimated value of procurement, package price of package; expected performance duration; other necessary matters); explanation of the project’s or package’s necessity and specific conditions in terms of processes, procedures, criteria for selecting bidders, conditions for signing and performing the contract, and other conditions (if any) leading to the inability to meet the conditions for contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Bidding Law; the draft specific contractor selection plan includes the following main contents:  procedures for contractor selection; conditions for signing and performing the contract and other related contents to meet the specific conditions of the package or project, ensuring the selection of contractors with sufficient capacity, experience and feasible and effective solutions.

2. For the cases specified in Point c, Clause 1, Article 29 of the Bidding Law:

a) Ministers, Heads of ministerial-level agencies, Governmental agencies, other central agencies (hereinafter referred to as heads of central agencies), President of the Provincial People's Committee prepare documents to submit to the Prime Minister and to the Ministry of Planning and Investment for appraisal;

b) Documents submitted to the Prime Minister include the request for approval and related documents. The request for approval for contractor selection in special case includes the following contents: basic information about the project, procurement estimate, package (name of the project, procurement estimate, package); capital sources, total investment of the project, estimated value of procurement, package price of package; expected performance duration; other necessary matters); explanation of the project’s or package’s necessity and specific conditions in terms of national defense, security, foreign affairs, and territorial borders leading to the inability to meet the conditions for contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Bidding Law; opinions of the Ministry of National Defense, Ministry of Public Security, and Ministry of Diplomacy on factors that need to ensure national defense, security, foreign affairs, and territorial borders for the package, project, and procurement estimate; opinions of other relevant agencies (if necessary);

c) Within 5 working days of receiving valid documents as prescribed in Point b of this Clause, the Ministry of Planning and Investment shall forward them to seek opinions from relevant ministries and agencies on the matters within their scope of management (if necessary). Within 7 working days of receiving the request from the Ministry of Planning and Investment, the consulted agency must send their opinions to the Ministry of Planning and Investment;

d) Within 10 days of receiving valid documents as prescribed in Point b of this Clause, the Ministry of Planning and Investment shall prepare an appraisal report and Prime Minister's draft decision on the contractor selection in special case (if qualified), and then submit them to the Prime Minister for decision. The appraisal report evaluates the following: the project’s or package’s necessity; if they meet special conditions in terms of national defense, security, foreign affairs, territorial borders; reasons for being unable to meet the conditions for contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Bidding Law;

dd) The Prime Minister shall consider applying the contractor selection in special case based on the documents submitted by the head of central agency, President of the Provincial People's Committee, and the appraisal report of the Ministry of Planning and Investment;

The Prime Minister's decision on application of contractor selection in special case includes: the package of the project or procurement estimate that applies the contractor selection in special case; responsibilities of the competent person, employer, procuring entity, and relevant agencies in the process of organizing contractor selection; other requirements during the performance of package or project (if any).

e) Based on the decision of the Prime Minister, the head of central agency, President of the Provincial People's Committee shall develop and approve a contractor selection plan in special case including the main contents following: procedures for contractor selection; conditions for signing and performing the contract and other related contents to meet the specific conditions of the packages or project, ensuring the selection of contractors with sufficient capacity, experience and feasible and effective solutions.

3. For the cases specified in Point i, Clause 1, Article 29 of the Bidding Law:

a) The head of central agency, President of the Provincial People's Committee prepare documents to submit to the Prime Minister and to the Ministry of Planning and Investment for appraisal;

b) The contractor selection plan in special case submitted for appraisal includes the contents in point c clause 1 of this Article;

c) Based on the request of the head of central agency, President of the Provincial People's Committee, and the appraisal report of the Ministry of Planning and Investment, the Government may propose the Standing Committee of the National Assembly to supplement the method of contractor selection in special case.  The procedures for developing a resolution to submit to the Standing Committee of National Assembly comply with the Law on Promulgation of Legal Documents.

Article 83. Documents, procedures for selecting bidders in special cases specified in Points d, dd, e, g, and h, Clause 1, Article 29 of the Bidding Law

1. The head of central agency or Provincial People's Committee shall consider applying the contractor selection in special case for any cases specified in Points d, dd, e, g and h, Clause 1, Article 29 of the Bidding Law and the corresponding selection process as prescribed in Clauses 3, 4 and 5 of this Article for general application to packages under their scope of management.

2. Based on the decision of the head of the central agency and the Provincial People's Committee as prescribed in Clause 1 of this Article, the competent person or the employer shall organize the contractor selection as outlined in Clauses 3, 4 and 5 of this Article.

3. For a package specified in Point d, Clause 1, Article 29 of the Bidding Law:

a) The agency handling the lawsuit shall establish criteria, terms of reference, and control mechanism for law-practicing organizations, lawyers to determine a list of (no less than 03) law-practicing organizations, lawyers expected to be hired; only law-practicing organizations and reputable, experienced lawyers are named in this list;

b) The agency handling the lawsuit will negotiate legal service contracts with the most advantageous law-practicing organizations and lawyers based on the criteria, terms of reference and control mechanism of law-practicing organizations and lawyers in the lawsuit;

c) The head of the agency handling the lawsuit approves and announces the result of selecting law-practicing organization, lawyer;

d) The agency handling the lawsuit finalizes and signs a legal service contract with the chosen law-practicing organization, lawyer.

4. For the cases specified in Points dd, e, g and h, Clause 1, Article 29 of the Bidding Law, except for the package specified in Clause 5 of this Article, the contractor selection process includes the following steps:

a) Prepare, evaluate, and approve the specific contractor selection plan;

b) Negotiate contract with a bidder which has sufficient capacity and experience;

c) Approve and publicize contractor selection result;

d) Finalize and sign the contract with the bidder;

The content of the draft contract includes requirements on the scope and content of work to be performed, performance duration, quality of work to be achieved, and contract value;

dd) Specific contractor selection plans, contractor selection result and other bidding information are posted in accordance with Article 7 and Article 8 of the Bidding Law.

5. For a package to buy air tickets for domestic and international business trips as prescribed in Point dd, Clause 1, Article 29 of the Bidding Law:

a) For international business trips, the agency receiving budget and responsible for buying air tickets (based on the approved work plan and flight itinerary) must obtain at least two quotes from two different air ticket agents (or quotes from one air ticket agent representing at least two airlines, with at least one being Vietnam national airline).These quotes should be for the same flight itinerary and will be compared to select the most suitable provider on the basis of meeting the requirements:  direct flight, suitable for work schedule; offers the lowest total price, including airfare (taxes and surcharges), travel expenses, and airport wait time fees. The agency head responsible for airfare purchases must prioritize cost-effectiveness when contracting with the airline and remains accountable for their decisions. In case of changing flight routes abroad due to business needs, the agency head shall decide the airfare purchases based on the request of the head of the mission;

b) For groups going on domestic business trips:

The agency head responsible for airfare purchases must prioritize cost-effectiveness when contracting with the airline and remains accountable for their decisions;

c) Airfare purchases for domestic and international business trips according to Points a and b of this Clause do not require the preparation, appraisal, and approval for a specific contractor selection plan.

Section 4. CONTRACTOR SELECTION TO PERFORM COMMUNITY-INVOLVED PACKAGE

Article 84. Eligibility of residential communities, unions, and worker group in local areas

1. Residential communities, unions, and worker groups in local areas are eligible to participate in the performance of a package specified in Article 27 of the Bidding Law if citizens in the residential communities, local workers, or union members live and reside in the local area where the package is performed and benefit from the package.

2. The designated representative of a residential community, union, or worker group must meet the following criteria to sign a contract on their behalf: have active legal capacity according to the law, not be subject to criminal prosecution, and be recognized by the residential community, union, worker group.

Article 85. Process for selecting bidders being residential communities, unions, and worker groups

1. After obtaining an approved specific contractor selection plan, the employer drafts a contract including requirements on the scope and content of work to be performed, quality and progress of work to be achieved, contract price, rights and obligations of the parties.

2. The employer posts a public notice of invitation to perform the package at the headquarters of the Commune People's Committee and announces it on commune-level media so that residential communities, unions, and worker groups in the area know. The notice must clearly state the meeting time to discuss the plan for package performance.

3. Interested communities, organizations, and worker groups receive a draft contract to research and prepare an eligibility documentation including the following contents:  full name, age, capacity and experience suitable for the nature of the package of the members participating in package performance.

4. The employer organizes a review and selects the best residential community, union, or worker group and invites their representative to negotiate and sign the contract.

If there is only one interested residential community, union, or worker group, the employer may consider assigning the package to that residential community, union, or worker group.  Where it is not possible to assign the package to the residential community or union, or there is no interested residential community or union, the package will be assigned to a worker group.

5. The maximum duration from the public announcement of the invitation to participate in the package performance to the signing of the contract is 30 days.

6. The employer publicly announces the selected residential community, union, or worker group on VNEPS, at the headquarters of the Commune People's Committee and announces it via other means of commune-level media.

Article 86. Advance, payment, supervision and taking-over inspection of packages

1. The residential community, union, or worker group will receive advances and direct payments in cash or bank transfer from the employer through their representative.

2. The employer shall directly supervise the package performance, the Commune People's Committee and other unions shall jointly supervise the package performance by the residential community, union, or worker group.

3. The employer organizes the taking-over inspection of the completed package. Parties that join the taking-over inspection:

a) Representative of the employer;

b) Representative(s) of the residential community, union, or worker group that performed the package;

c) Representative(s) of the local community that benefits from the products and works of the package;

d) Other relevant parties decided by the employer.

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