Chương XIV Nghị định 63/2014/NĐ-CP: Các vấn đề khác

Chapter XIV

OTHER ISSUES

Article 127. Forms for bid-envelopes

1. Forms for a bid-envelope include: Form for plan to select the contractor; form for EOI request; form for invitation for prequalification, form for invitation for bid; form for request for proposals; form for report on evaluation result of the bid-envelope, proposals; form for evaluation of result of selection of contractor and other forms.

2. The Ministry of Planning and Investment shall provide the forms for bid-envelopes.

Article 128. Management of contractors

1. Responsibilities of every contractor:

a) Register the national bidding system under the regulations in Point d Clause 1 Article 5 of the Law on Bidding;

b) Regularly update the information about their competence and experience on the national bidding system;

c) In addition to the responsibilities prescribed in Point a and Point b this Clause, every foreign contractor shall:

- Comply with the regulations of the law of Vietnam on exit and entry; import and export of goods; registration of residence; accounting and tax scheme and other relevant of law of Vietnam unless there are different regulations in the international agreements to which the Socialist Republic of Vietnam is a signatory or international agreements that the competent authorities of the Socialist Republic of Vietnam have signed after selected to carry out the contracts.

- The investors shall send written reports on the successful bidders to the Ministry of Planning and Investment, managing Ministries and the Departments of Planning and Investment of provinces where the projects are carried out within 15 days from the effective date of the contracts signed with the foreign contractors.

d) Any foreign contractor selected under the regulations of the Law on Bidding does not have to request for the issuance of bidding license.

2. Management of subcontractors:

a) Any prime contractor can sign a contract with the subcontractors in the List of the contractors mentioned in the bid-envelope and proposals. The prime contractor must fulfill their obligations even when hiring the subcontractors. The prime contractor shall be responsible for the workload, quality, progress and other responsibilities for the parts of the contract carried out by the subcontractors;

b) The prime contractor must not request the subcontractors to carry out the tasks other than the tasks of the subcontractors mentioned in the bid-envelope and proposals; the subcontractors can be replaced or new subcontractors can be added to the List of the subcontractors prescribed in the bid-envelope and proposals only when the investor agrees;

c) The prime contractor shall select and employ the eligible subcontractors. In case of important contractors at the request of the invitation for bid, the competence and experience of them shall be evaluated under the regulations in the invitation for bid;

d) The prime contractor shall pay the subcontractors under the agreement between the prime contractor and the subcontractors.

3. The Ministry of Planning and Investment shall maintain the database of the contractors, list of contractors committing violations against the law on bidding; summarize and provide the information about the contractors for the relevant organizations and individuals, which facilitates the healthy competitive during the selection of contractors.