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CIRCULAR

PRESCRIBING FORMS OF BIDDING DOCUMENTS FOR SELECTION OF INVESTORS FOR PROJECTS REQUIRING BIDDING AS PRESCRIBED BY SPECIALIZED LAWS

Pursuant to the Law on Bidding No. 22/2023/QH15 dated June 23, 2023;

Pursuant to the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors for projects which require bidding as prescribed by specialized laws;

Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam;

At the request of the Director General of the Public Procurement Agency; 

The Minister of Planning and Investment of Vietnam promulgates a Circular prescribing forms of bidding documents for selection of investors for projects requiring bidding as prescribed by specialized laws.

Article 1. Scope

This Circular introduces the forms of bidding documents used for selection of investors for projects requiring bidding as prescribed by specialized laws, including:

1. Forms of the Invitation for expression of interest (EOI) and the Request for EOI.

2. Form of bidding documents (single-stage one-envelope procedure).

3. Form of bidding documents (single-stage two-envelope procedure).

Article 2. Preparation of request for EOI, bidding documents and use of document forms

1. EOI Requesters, procuring entities and expert teams organize the preparation of invitation for EOI, request for EOI and bidding documents as follows:

a) The invitation for EOI and the request for EOI shall be made using the forms in Appendix I enclosed herewith;

b) Bidding documents are made using the form in Appendix II enclosed herewith in case of competitive bidding or limited bidding under single-stage one-envelope procedure;

c) Bidding documents are made using the form in Appendix III enclosed herewith in case of competitive bidding or limited bidding under single-stage two-envelope procedure.

2. In the forms provided in Appendixes I, II and III enclosed herewith, italicized text provides instructions and illustrative provisions and shall be specified in detail according to the scale, nature, field or sector and specific conditions (if any) of each project.

3. In case of competitive bidding under the two-stage one-envelope procedure, the procuring entity shall use the form in Appendix II enclosed herewith on the basis of compliance with provisions of the Law on Bidding No. 22/2023/QH15 and the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors for projects which require bidding as prescribed by specialized laws.

Article 3. Responsibility for implementation

1. This Circular comes into force from the date on which it is signed.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment of Vietnam for consideration./.