Chapter VI
SELECTION OF CONTRACTORS FOR MINOR CONTRACTS OR CONTRACTS PARTICIPATED BY LOCAL COMMUNITIES
Section 1: SELECTION OF CONTRACTORS FOR MINOR CONTRACTS
Article 63. Limits on minor contracts
A minor contract is a contract for provision of non-consulting services or goods purchase valued at up to VND 10 billion; a construction contract or mixed contract valued at up to VND 20 billion.
Article 64. Selection of contractors for minor contracts
1. The contractor selection process applied to minor contracts is the same at that specified in Section 1 Chapter II and Chapter V of this Decree.
2. Contractor selection schedule:
a) The invitation for bids shall be issued within the time limits in the bidding notice, which is not shorter than 03 working days from the day on which it is posted on the national procurement network or the Vietnam Public Procurement Review Journal;
b) The time limit for preparing the bid-envelope shall not be shorter than 10 days from the date of issue of the invitation for bids;
c) When the invitation for bids must be adjusted, the procuring entity must notify the bidders at least 03 working days before the deadline for submitting bids in order for them to have enough time to prepare their bid-envelopes;
d) Bid-envelopes shall be evaluated within 25 days from the bid opening date, then the procuring entity shall submit a written request for approval for the contractor selection result, which is enclosed with a report on contractor selection result;
dd) The contactor selection result shall be verified within 10 days from the receipt of the request for verification;
e) The
g) Other deadlines are specified in Clause 1 Article 12 of the Law on Bidding.
3. The value of tender guarantee varies from 1% to 1.5% of the contract value; the value of performance guarantee varies from 2% to 3% of the agreed price.
Section 2: SELECTION OF CONTRACTORS FOR CONTRACTS PARTICIPATED BY LOCAL COMMUNITIES
Article 65. Eligibility of local communities, associations, group of workers to participate in performance of contracts
1. A local community, association, or group of workers is considered eligible to participate in performance of any of the contracts prescribed in Article 27 of the Law on Bidding when its member performs the contract and benefits from it.
2. The representative of the local community, association, or group of workers must be capable of civil acts, not facing any criminal prosecution, and is designated by other members to sign the contract on their behalf.
Article 66. Selection of a local community, association, or group of workers as a contractor
1. The investor shall draft contract shall specify the tasks, schedule, quality, contract value, rights and obligations of both parties.
2. The investor shall publicly post the invitation at the People’s Committee of the commune, through the mass media of the commune, and other public places. The invitation must specify the time for discussing the contract performance plan.
3. The interested communities, associations, or groups of workers shall study the draft contract and prepare introduction documents, specifying the members’ names, ages, competence, and experience, which suit the demands of the contract.
4. The investor shall invite the best community, association, or group of workers to enter into a contract negotiation.
If there is only one community, association, or group of workers shows their interest, the investor shall consider giving the contract to such community, association, or group of workers. If the contract cannot be given to a community or association, it shall be given to a group of worker.
5. The contract shall be concluded within 30 days from the day on which the invitation is announced.
Article 67. Advance, payment, project supervision and approval
1. The local community, association, or group of worker shall receive advance and payment from the investor in cash or by wire transfer via a representative thereof in accordance with instructions of the Ministry of Finance.
2. Investor shall supervise the construction, the People’s Committee of the commune and other associations shall participate in the supervision.
3. The investor shall carry out an inspection and consider approving the construction after it is finished. Participants in the inspection:
a) A representative of the investor;
b) Representatives of the local community, association, or group of workers that execute the construction;
c) Representatives of the community that benefits from the construction;
d) Other participants decided by the investor.
Tìm kiếm
Nghị định 63/2014/NĐ-CP (Bản Word)
Nghị định 63/2014/NĐ-CP (Bản Pdf)