The Decree 63/2014/nd-Cp: Detailing The Fad Enforcement Act Of Bidding On The Selection Of Contractors

Original Language Title: Nghị định 63/2014/NĐ-CP: Quy định chi tiết thi hành mốt số điều của Luật Đấu thầu về lựa chọn nhà thầu

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THE GOVERNMENT.
Number: 63 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 26, 2014

DECREE

Q The details of the details are in detail.

of the bid for contractor selection

_____________

Government Law Base December 25, 2001;

The base of the bidding law. 43 /2013/QH13 November 26, 2013;

On the recommendation of the Minister of Planning and Investment,

The government issued a decree regulating the implementation of several provisions of the Procurement Law on the selection of the contractor,

Chapter I

COMMON RULES

Item 1

ADJUST RANGE

Number one. Adjustment range

1. This decree rules the implementation of certain provisions of the Contracting Law on the selection of the contractor to submit the bids of the regulatory extent stipulated in Clause 1 and Section 2 Article 1 of the Bidding Law.

2. The selection of contractors in the field of regulatory oil at Clause 4 Article 1 of the Applicable Bidding Law to the Development Investment project stipulated at points a, b and c 1 Article 1 of the Bidding Law, except for the selection of contractors directly involved. active search for exploration, mining and petroleum extraction.

3. The case of international treaties, the international agreement stipulated the application of the procedure to choose the contractor, as specified in paragraph 3 and the 4 Article 3 of the bidding law. The procedure, appraisal, and approval follow the provisions of this decree.

4. The case of international treaties, the non-regulation international agreement on the application of the contractor selection procedure, the selection of the contractor implemented under the provisions of the Bidding Law and the Decree.

Item 2

SECURE COMPETITION IN BIDDING

Article 2. Make sure to compete in bidding

1. The contractor who attended the interest, attending the draft must meet the regulation at Clause 1 and Section 2 Article 6 of the Bidding Law.

2. The contractor in the joint bid for a mixed-and independent financial and independent bid for finance with the contractor of the feasibility study report, the engineering design record, the filing of the design of the competition for that bid, except for the case of job content. This is part of a mix-up.

3. Consultenders may participate in providing one or more consulting services for the same project, the bidding package includes: The feasibility study report, feasibility study report, technical design records, project design records, public consultation, and research. Surveillance.

4. The contractor is evaluated independently in terms of legal and independent financing with another contractor; with the consultant contractor; with the investment holder, the tender tender stipulated at the 1, 2 and 3 Articles 6 of the Bidding Law when responding to the following conditions:

a) Not co-owned by an agency or direct organization of management to the career unit;

b) The contractor with the investment holder, the invitation to the bid no shares or which contributes to each other ' s 30%;

c) The contractor does not have a share or which contributes to over 20% of each other when joining the bid in a bid for limited bidding;

d) The contractor who entered the bid with the contractor counsel for that bid package does not have a share or contribution of one another; there is no equity or capital that contributes to 20% of an organization, the individual is different from each side.

5. The case for the state economic conglomerate, if the product, the bid under the bid is the corporation 's main business manufacturing sector and is the output of this company, while also the input of the other company in the corporation, the company' s subsidiaries have said. The corporation is allowed to attend each other's bidding process. In the case of product, the service of the bid was the output of the company, and the company's input in the corporation and the only one on the market, in accordance with the Prime Minister's provisions.

Section 3

CHOICE IN CONTRACTOR SELECTION

Third. The principle of privilege.

1. The case after preferable, if the bids, the proposed record ratings are equal, the preference for the contractor to offer higher cost in the country or use more local labourers (on the value of the wage, money paid).

2. The case of a contractor's bid on the subject is entitled to more than one preferable type, when the incentives are given only one of the highest types of incentives according to the requirements of the tender, the required record.

3. For the mixed-procurement package, the calculation of the base of all the contractors ' proposals in the parts of consulting work, supply of goods, and construction. The contractor is preferable to offer domestic costs (consulting, goods, construction costs) from 25% onwards to the work value of the bid.

Article 4. Preferable for international bidding

1. For the bid to provide consulting services:

a) The case of applying the lowest price method, the contractor that does not belong to the preferable object must add a sum of 7.5% of the bid price after an error correction, miscalibrated correction, minus the discounted value (if any) at the post-fixing bid price, the effect Correct deviation, minus the discounted value (if any) of that contractor to compare, rank;

b) The case of applying a fixed price method or technical-based method, the contractor of the subject is preferable to add 7.5% of the contractor's technical point to that contractor's technical point for comparison, ranking;

c) The case of applying a combination method between engineering and price, the contractor of the subject is preferable to add 7.5% of the bidder's aggregate score to that contractor's aggregate point for comparison, ranking.

2. For the bid to provide non-advisory, build, mixed-up services:

a) The case of applying the lowest price method, the contractor that does not belong to the preferable object must add a sum of 7.5% of the bid price after an error correction, miscalibrated correction, minus the discounted value (if any) at the post-fixing bid price, the effect Correct deviation, minus the discounted value (if any) of that contractor to compare, rank;

b) The case applies the assessment price method, the contractor that is not subject to the preferable object must add a sum of 7.5% of the bid price after the error correction, the miscalibration correction, minus the discounted value (if any) at that bid price for comparison. In terms of ratings.

c) The case of applying a combination method between engineering and price, the contractor of the subject is preferable to add 7.5% of the bidder's aggregate score to that contractor's aggregate point for comparison, ranking.

3. For the procurement procurement package, the preferable treatment of goods in the country is in accordance with regulation at Article 5 of this Decree.

Article 5. Incentives for domestic goods

1. Goods are only entitled to preferable when the contractor proves that goods have the cost of producing domestic production from 25% or more in commodity prices. The percentage of the production costs in the country of the goods is calculated according to the following formula:

D (%) = G* /G (%)

In it:

-G *: As the cost of domestic production is calculated by the price of a commodity in the bids, the proposed record minus the tax value and the external expenses including fees, fees;

-G: As the salute of the goods in the bids, the proposed record minus the tax value;

-D: As a percentage of the cost of production in the country of goods. By 25%, that commodity is preferable under the provisions of Article 2 of this.

2. Incentives:

a) The case of applying the lowest price method, the non-object-valued goods must add a sum of 7.5 per cent of the bids following the error correction, the error correction, minus the discounted value (if any) of that commodity at the following bids. correction, miscalibration correction, minus the discounted value (if any) of the contractor to compare, rank;

b) The case applies the assessment price method, the non-object-valued goods must add a sum of 7.5% of the bid price following the error correction, the miscalibration correction, minus the discounted value (if any) of that commodity at the expense price of The bid for comparison, ratings;

c) The case applies the combination method between the technique and price, the goods belonging to the preferable object that is preferable to the aggregation point in the following formula:

Point of incentive = 0.075 x (price of preferable value /bid price) x aggregate score

In it: The value of preferable goods is the price of the following bids, miscalibrated correction, minus the discounted value (if any) of the object's goods are preferable.

Number 6. Incentives for domestic bidding

1. For the procurement procurement package, the preferable treatment of goods in the country is in accordance with the regulation at Article 5 of this Decree.

2. Pretender filing, the contractor ' s proposal record has a total number of women or traders, who are handicapped by 25% or more and have a minimum labor contract of 3 months; the contractor is a small business belonging to the subject that is preferable in accordance with rules. At paragraph 3 Article 14 of the Bidding Law which is ranked higher than the bids, the proposed filing of the contractor does not belong to the subject of preferable bids in the case of bids, the proposed record of the contractors being evaluated equally.

3. For the construction package priced in the bid price of no more than 05 billion co-only allowed the contractor to be small and super-small business under the law of the business engaged in bidding.

4. The case after preferable if the bids, the proposed horizontal rating profile is a higher ranking priority for the local contractor where the bid is deployed.

Section 4

PROVIDE, POST INFORMATION; COST; STORE

PROFILE DURING CONTRACTOR SELECTION

Article 7. Provide and post information about the bidding

1. Responsibility to provide information:

a) The ministries, peer agencies, government agencies, other agencies in the Central, the Provincial People ' s Committee, and the competent authority to provide the information provided at Point 1 Article 1 Article 8 of the Bidding Legislation on the national bidding network system or other. for the bidding war;

b) The ministries, peer agencies, government agencies, other agencies in the Central Committee, the Provincial People's Committee are responsible for providing the information stating at Point 1 Article 8 of the Bidding Law on the national bidding network;

c) The bid is responsible for providing regulatory information at Point A 1 Article 8 of the Bidding Legislation to the national bidding network;

d) The bid is responsible for providing regulatory information at Points b, c, d and clause 1 Article 8 of the Bidding Law and information related to the change in the time of the bidding (if any) to the national bidding network or for the bidding press;

The contractor has the responsibility to provide and update information about competability, its experience into the contractor database on the national bidding network system by regulation at Point 1 Article 5 and point k 1 Article 8 of the Bidding Law;

e) The training facility, lecturer in bidding, expert with a certificate of responsibility for bidding operations is responsible for providing information relating to training, teaching, practice activities on its bidding for the Ministry of Planning and Investment for posting on the system of planning and training. The national bidding network pursues to the stipulation at Point 1 Article 8 of the Bidding Law.

2. The responsibility to post information:

a) The Ministry of Planning and Investment is responsible for posting information about bidding;

b) The specified valid information is posted on the national bidding network, in the bidding paper. Upon the detection of non-valid information, the Ministry of Planning and Investment is responsible for announcing on the national bidding network, the bid for units to provide information, editing, complete, to be posted.

3. Information on the selection of the contractor through the network is automatically posted on the national bidding network but must make a valid guarantee at B Point 2.

4. For projects, bids from the state secret catalog, the public-information implementation of the law on the law of state secrecy guarantees.

5. Recommend to provide and post bids on the bidding on the national bidding network, the bidding paper, and other public information media for the bids that are not subject to the Adjustment Scope of the Bidding Law.

Article 8. The deadline, the process provides and posts information about the bidding.

1. The case of self-posting information on the national bidding network system:

a) The subjects responsible for providing the information under the prescribed information at Clause 1 Article 7 of this Decree perform the registration of the national bidding network in accordance with the provisions of Article 87 of this decree and to automatically upload information to the network system. National contractors follow the guidelines of the Ministry of Planning and Investment;

b) For the specified information at Points b and Point 1 Article 8 of the Bidding Law, the invitation to issue an invitation file of interest, the preliminary invitation record, the tender invitation profile, the required filing by the time specified in the invitation to submit a notice of interest, information The preliminary invitation, the announcement of the invitation, announced a minimum of 3 working days, since the first day these information was posted on the national bidding network;

c) For the regulatory information at Points a, d, e, g and h Clap 1 Article 8 of the Bidding Law, the organizations responsible for posting information must ensure the time of the release of information that is no later than 07 days of work, since the date of the text was issued.

2. The case provides information for the bidding press:

a) For the specified information at Point b and Section 1 Article 8 of the Bidding Law, the bid for the bid to receive a minimum information of 5 working days prior to the date of the expected release of an invitation record, the preliminary invitation record, bids, bids, bids -No. The information was posted on 1 semester in the bidding press;

b) For regulatory information at d-points, e and g 1 Article 8 of the Bidding Law, the bid for the bid for the bid received no later than 07 days of work, since the date of the text was issued. The information was posted to 01 times in the bidding press.

3. Within 2 working days, since organizations self-posts the regulation of regulation at Points b, c, d, and g 1 Article 8 of the Bidding Law on the national bidding network, the bidding report has the responsibility to post a 1-term bid on the bid.

4. Within 2 working days, since the bidding press receives regulatory information at the Points b, c, d, e, and g 1 Article 8 of the Bidding Law, the bidding press is responsible for posting to the national bidding network and on the bidding paper. For the specified information at Point b and Section 1 Article 8 of the Bidding Law, the invitation to release an invitation profile, the preliminary invitation record, the tender invitation profile, the required filing of the required time in the notification invitation file, the invitation to the request. The draft invitation, the announcement of the invitation, announced a minimum of 3 working days, since the first day these information was posted on the national bidding network or on the bidding press.

5. The provision and registration of information on the bidding through the network implementation stipulated at paragraph 2 Article 88 of this decree.

Article 9. Expense in contractor selection

1. The scale base, the properties of the bid, the investment holder determines the price of selling a set of bids, the required filing (including tax) for domestic bidding but a maximum of 2,000,000 for the tender and 1,000,000 bids for the required records; for international bidding, the price of which is to be sold according to international bidding.

2. The set of charges, the case appraisal appraisal, the preliminary invitation profile:

a) The cost of an invite-to-interest profile, the filing of a contract is calculated by 0.05% of the bid price but a minimum of 1,000,000, and a maximum of 30,000,000;

b) The cost of appraisal of an invitation profile, the filing of a preliminary invitation is calculated by 0.03% of the bid price but a minimum of 1,000,000 and a maximum of 30,000,000.

3. Cost of planning, appraisal of bids, request records:

a) The cost of setting up the bid, the requested record is calculated by 0.1% of the bid price but a minimum of 1,000,000 and a maximum of $50,000,000;

b) The cost of appraisal of the bid, the requested filing is calculated by 0.05% of the bid price but a minimum of 1,000,000 and a maximum of $50,000,000.

4. The cost assessment expense, the draft bill, the bids, the proposed profile:

a) The cost assessment cost, the draft records were calculated by 0.05% of the bid price but a minimum of 1,000,000 and a maximum of 30,000,000;

b) The cost of evaluating bids, the proposed record is calculated by 0.1% of the bid price but a minimum of 1,000,000 and a maximum of $50,000,000.

5. The cost of appraisal results of the contractor selection, including the unselected case, was calculated by 0.05% of the bid price but a minimum of 1,000,000 and a maximum of $50,000,000.

6. For contracts with similar content belonging to the same project, the procurement plan, the bids must reorganize the selection of the contractor, the expenses: Set, appraisal of an invitation profile, the preliminary invitation profile; set, appraisal of the bid, the request file. The maximum charge is 50% the cost of regulation at paragraph 2 and paragraph 3 This. The reorganization of the contractor selection must be calculated, adding the cost of selecting the contractor to the project, the procurement project in accordance with the reality of the bid.

7. Cost of regulation at Clauses 2, 3, 4, 5 and 6 This applies to the investment holder case, the invitation to direct the execution directly. For the case of hiring bidders to perform the work stated at Clause 2, 3, 4, 5 and 6 This, determining costs is based on the content and scope of the work, the time of execution, the experience capacity of the consultants and the factors. Different.

8. The cost for the Advisory Council to address the contractor ' s petition on the result of the contractor option was 0.02% of the bid price of the contractor with a petition but a minimum of 1,000,000 and a maximum of $50,000,000.

9. The cost of posting information about bidding, the cost of participating in the national bidding network and the use of the revenues in the process of selecting the contractor implemented in accordance with the guidelines of the Ministry of Planning and Investment and the Ministry of Finance.

Article 10. Store records during contractor selection

1. The whole profile involved in the selection of the contractor is kept to a minimum of 3 years after the contract decision, minus the specified profile at the 2, 3, and 4 Articles.

2. The proposed record of the financing of the bidders does not pass a review of the assessment of the technique being returned to the contractor by the following deadline:

a) For the bid to provide consulting services: Within 10 days, since the date of the signing of the contract with the selected bidder;

b) For the bid to provide non-advisory services, procurement of goods, construction, mixers applying the method of a two-bag period: The same time as the refund or dissolution guarantee the bid of the contractor is not selected.

In the case of the stipulation at Point a and B Point, the contractor did not return to his financial proposal record, the invitation to review, decided the cancellation of the financial proposal, but had to secure information in the proposed filing. The financier of the contractor was not disclosed.

3. The case of the cancellation, the relevant case is kept in hold for a period of 12 months, since the board decided to cancel the bid.

4. The accounting records, complete records and documents related to the bid contractor of the bid are stored under the provisions of the law on the storage.

Chapter II

EXTENSIVE BIDDING PROCESS, RESTRICTIONS ON

NON-ADVISORY SERVICES BID, COMMODITY PROCUREMENT,

BUILD, BLEND IN A PHASE ONE.

Item 1

FORM A PERIOD OF A CASE BAG

What? 11. Details Process

1. Prepare to select the contractor, including:

a) Set up bids;

b) The tender and approx of the tender offer.

2. The organization selects the contractor, including:

a) to bid;

b) Release, modify, clarify bids;

c) Preparing, submit, receive, manage, modify, withdraw bids;

d) Open the bid.

3. Evaluation of bids, including:

a) Check, evaluate the validity of the bids profile;

b) Review the bid profile details;

c) Ranking the contractor.

4. contract negotiations.

5. Presentation, appraisal, approx and publicly result of the contractor selection.

6. Complete, sign the contract.

What? 12.

1. Invitations to a bid:

a) The decision to approve the project or the Certificate of Investment for the project, the decision to approve the procurement bill for regular shopping and related materials. For the procurement package required prior to the decision to approve the project, the base follows the decision of the head of the investment owner or head of the unit assigned to prepare the project in the undetermined case of the investment;

b) The selected contractor selection plan;

c) The design accompanying the design is approved for the construction bid package; the requirement for properties, specifications for the goods (if available);

d) The provisions of the law on bidding and the provisions of the law of relation; international treaties, international agreements (if available) for projects that use capital support for official development, preferable loans;

The State policies on taxes, fees, incentives in contractor selection and other regulations are related.

2. The tender tender must stipulate the standard evaluation evaluation criteria that includes the assessment of capacity and experience assessment; standards assessment criteria; determine the lowest price (for the case of applying the lowest price method); standard authentication criteria. assessment price (for the application of the assessment price method). In the filing of the bid not to state any conditions to limit the participation of the contractor or to make an advantage for one or some bidders that cause unequal competition.

3. The standard of bids for bids for the procurement procurement package includes:

a) Standards assessment of capacity and experience

Using the achieved criterion, it is not achieved to build a standard assessment of capacity and experience, which must stipulate the minimum requirement for evaluation to be achieved for each individual's capacity and experience. Specifically as follows:

-The experience performs similar bids; operating experience in the manufacturing sector, the main business is related to the implementation of the bid; the following:

-Manufacturing and business capacity, engineering facilities, professional cadres related to the implementation of the bid;

-Financial capacity: Total assets, total debt payable, short-term assets, short-term debt, revenue, profit, contract value being done unfinished and other key indicators to evaluate the financial capacity of the contractor.

Determining the specific level of requirements for each of the specified criteria at this Point requires the base at the request of each specific bid. The bid for all content to be evaluated at this point meets the requirements for capacity and experience.

b) Technical assessment criteria

Using the achieved criterion, neither reached or the point method is on a scale of 100 or 1,000 to build a review standard of technical evaluation, which must stipulate the minimum point and maximum point level for each general standard, the detailed standard when required. Use the dots. The construction of the assessment standard on techniques based on factors of the ability to meet the requirements of quantity, quality, time of delivery, transport, installation, warranty, prestige of the contractor through the implementation of previous similar contracts and the implementation of the company. The other requirements are in the bids. Base at each particular package, when the filing of a bid must be specific to the criteria as the basis for evaluation of the technique including:

-Specification, the specifications of the goods, production standards, fabrication standards and technology;

-The rationality and economic efficiency of the technical solutions, the organizational measure of supply, the installation of goods;

-Level of response requirements for warranty, maintenance;

-Geographical adaptability, environment;

-The impact on the environment and the solution;

-The ability to provide financing (if required);

-Factors of commercial conditions, implementation time, technology transfer training;

-Progress supply.

-The prestige of the contractor through the implementation of similar contracts before;

-The necessary elements.

c) The lowest price definition (for the case of applying the lowest price method):

-Define the bid price;

-Sorry.

-It's a miscalibration.

-minus the discount value (if any);

-Transfer bids to a common currency (if any);

-Define preferable value (if any);

-Compare between bids to determine the lowest price.

d) The standard assessment price definition (for the case of applying the assessment price method):

Assessment pricing formula:

G. Fuck. = G ± G. + HMM.

In it:

-G = (bids for a value of the value of the error correction value)-the rebate value (if any);

-Yeah. G. is the value of the factors that are attributed to the one side for both the life of the use of the goods including:

+ operating costs, maintenance;

+ Cost of interest (if any);

+ Progress;

+ Quality (performance, capacity);

+ Out of the country;

+ Other elements (if any).

- HMM. is the value that must add to the object that is not preferable under the regulation at B Point 2 Article 5 of this decree.

4. The benchmark bids for the draft bid package includes:

a) Standards assessment of capacity and experience

Using the achieved criterion, it is not achieved to build a standard assessment of capacity and experience, which must stipulate the minimum requirement for evaluation to be achieved for each individual's capacity and experience. Specifically as follows:

-The experience of making similar bids on scale, technical properties, geographic conditions, geology, crime scene (if available); operating experience in the manufacturing sector, the main business is involved in the implementation of the bid;

-Technical capacity: Numbers, key professional cadres, technical workers directly implementing the bid and the number of available construction equipment, the ability to mobilize the construction equipment to make the bidding;

-Financial capacity: Total assets, total debt payable, short-term assets, short-term debt, revenue, profit, contract value being done unfinished and other key indicators to evaluate the financial competability of the contractor;

Determining the specific level of requirements for each of the specified criteria at this Point needs the base at the request of each of the individual bids. The bid for all content to be evaluated at this point meets the requirements for capacity and experience.

b) Technical assessment criteria

Using the achieved criterion, neither reached or the point method is on a scale of 100 or 1,000 to build a review standard of technical evaluation, which must stipulate the minimum point and maximum point level for each general standard, the detailed standard when required. Use the dots. The construction of the evaluation standard for techniques based on the content of the ability to meet the requirements of the design profile requirements, the bid amount, the prestige of the contractor through the implementation of previous similar contracts and the other requirements set forth in the filing. Come on. Base at each particular package, when the filing of a bid must be specific to the criteria as the basis for evaluation of the technique including:

-The rationality and feasibility of the technical solutions, the organizational solution is consistent with the proposal for the process of execution;

Except for the circumstances due to the nature of the bid that the bid requires the contractor to take on the correct method of execution in the tender filing, in the filing of the bid to stipulate the contractor to be proposed another public exam with the public exam. You're in the filing of the bid.

-Progress proceed.

-Quality assurance measures;

-Secure environmental hygiene and other conditions such as fire prevention, firefighting, safety of labor;

-Level of response requirements for warranty, maintenance;

-The prestige of the contractor through the implementation of similar contracts before;

-The necessary elements.

c) The lowest price definition (for the lowest-price method of applying the lowest price method) implemented by the regulation at Point 3 This Article;

d) The standard assessment price definition (for the case of applying the assessment price method)

Assessment pricing formula:

G. Fuck. = G ± ∆g + HMM.

In it:

-G = (bids for a value of the value of the error correction value)-the rebate value (if any);

-Yeah. G. is the value of the factors that are attributed to the one side for both the use of the work of the work including:

+ operating costs, maintenance;

+ Cost of interest (if any);

+ Progress;

+ Quality;

+ Other elements (if any).

-Yeah. HMM. is the value that must add to the object that is not preferable under the regulation at B Point 2 Article 4 of this Decree.

5. For the bid to provide non-advisory and mixed-service bids

The scale base, the properties of the bid and regulations at the 2, 3, and 4 Articles to determine the standard assessment criteria for capacity and experience; standards assessment standards; determine the lowest price (for the case of applying the lowest price method). or the standard price assessment (for the application of the assessment price method) accordingly.

6. Do not use a combination assessment method between the technique and the price for the bid to apply the contractor selection method a period of a case file.

7. The tender filing is not required on the required label, specific origin of the goods. The case is not able to describe the details of the goods according to technical properties, technological design, technological standards, and catalum of a particular product to refer to, illustrate the technical requirements of the goods but must be included in the cluster. from "or the equivalent" after the label, the catalô must simultaneously specify the content equivalent to that commodity in terms of technical properties, use features, technological standards, and other content (if any) to facilitate the contractor in the preparation process. The bids. Only requiring the contractor to submit a vendor's license or sales authorization paper or a Certificate of Partnerships Certification in the case of a commodity is a particular, complex that is required to attach to the manufacturer ' s responsibility in providing post-sales services. warranty, maintenance, repair, spare parts, alternative supplies.

8. Regulation of labor use:

a) For international bidding, when the filing of a bid is required to rule the use of domestic labor on the positions of employment in which the labour in the country meets and is able to provide, especially the common labour. Only foreign labour is used when domestic labor does not respond to requests. The contractor does not comply with the regulation of the use of labour when the contract is made, depending on the extent of the breach which will be prohibited from participating in the bid in Vietnam by regulation at paragraph 4 Article 122 of this decree;

b) For the bids to use a variety of common labour, the tender offer must require the contractor to propose a method of using local labor where the deployment of the project, the bid;

c) The investment owner is accountable to the law on the compliance of the regulation at the point of this paragraph in the process of filing a tender, evaluating the bids, approx the result of the contractor selection, signing and implementation of the contract;

d) The contractor's bids failed to meet the requirements of the tender tender for the use of the specified labour at the point of this a clause that would be eliminated.

What? 13. Judge and approx bids

1. The tender tender must be appointed by regulation at Article 105 of this Decree prior to approval.

2. The approval of the tender for the tender to be written and based on the approved document, the report appraisal of the bid.

What? 14. The organization selects the contractor

1. Invitation:

The tender for the bid to register the bids by the stipulation at the Point of Clause 1 Article 7 and point b Clause 1 or Point 2 Article 8 of this decree.

2. Release, modify, clarify the tender invitation profile:

a) The tender invitation to be issued for contractors to participate in broad bidding or for bidders named in the shortlist. For a designated bidder, only one member in the contact is to purchase or receive a tender, including the unformed case when purchasing or receiving a bid.

b) The case of revising the tender invitation file after the release, the contractor must submit the revised decision accompanying the revised filing content to the contractors who have purchased or received bids;

c) The case needs to clarify the tender bids, the contractor must submit a proposal to the party offering a minimum of 3 working days (for domestic tender), 5 working days (for international bidding) before the date of the bid to review, handling. The clarified the filing of the invitation is invited by the party to follow one or more of the following forms:

-Send clear text to the contractors who have purchased or received the bids;

-In case of necessity, the conference bid to exchange for the contents of the bids that the contractors have not yet clear. The exchange content must be submitted by the party to record and form a document which makes clear bids sent to the contractors who have purchased or received the bids;

-Content that clarified the tender offer is not left with the contents of the approved tender profile, the case after it is made clear that the tender invitation file must be amended to the amendment of the tender for the modification of the specified tender in accordance with the stipulation at this point b;

d) The decision to modify, the text that clarified the invitation profile was part of the tender invitation profile.

3. Preparing, submit, receive, manage, modify, withdraw bids:

a) The contractor is responsible for the preparation and filing of bids at the request of the tender invitation file;

b) The invitation to the tender and the management of the bids filed under the secret case management regime until the public results of the bid results; in any case not disclosed information in this contractor ' s bids for another contractor, except for the payment of the contractor. Information is publicly available upon the bidding. The bids submitted to the tender after the time of the bid will not be opened, not valid and excluded. Any document submitted by the contractor after the time of the bid to amend, the addition of the submitted bids was not valid, except for the contractor document sent to clarify the draft plan at the request of the invitation party or the document clarified, the addition to prove it. the validity, capacity and experience of the contractor;

c) When you want to modify or withdraw the submitted bids, the contractor must have the offer text sent to the tender. The invitation party only approved the amendment or withdrawal of the contractor ' s bid if the receiving text of the bid was received prior to the bidding period;

d) The bid must take on the bids of all contractors filing a bid before the time of the bid, including the event that the contractor entered the bid not yet purchased or did not receive a direct bid from the bidding party. In the absence of a bid, the contractor must pay a bid for the bid by a bid to sell the bid before the bids are received.

4. Open the bid:

a) The opening of the bid must be made public and begin within 1 hour, since the time of the bidding. Only the opening of the bids by the invited party received prior to the bid period at the request of the tender tender prior to the testimony of the representatives of the contractors attending the bidding ceremony, not dependent on the presence or absence of bidders;

b) The bidding is made to each of the bids by the alphabeti-order of the contractor's name and in the following order:

-A request for each contractor to attend a bid to confirm whether or not to obtain a discount letter according to its bids;

-Check the seal.

-Open the profile and clear the information about: Name of the contractor; the number of origination, file photo; bids scored in the bid; the value of the rebate (if available); the validity of the bids; the time of contract execution; value, the validity of the reserve guarantee Bids; other information related;

c) The opening of the bid: The information stated at this point b must be written to the opening of the bid. The resigning of the bid must be signed by the representative of the tender and the contractors attend the bidding ceremony. This receipt must be submitted to contractors who attend the bid;

d) The representative of the invited party must sign the confirmation on the bill of bids, the discount letter (if any), the delegate 's jurisdiction under the contractor' s law (if any); the agreement agreement (if available); the bid guarantee; the proposed content of finance and the following. the other important content of each of the bids.

What? 15. The principle of evaluating bids

1. The evaluation of the bids must be based on the standard filing evaluation criteria and other requirements in the tender tender, based on the submitted bids, the document explained, clarify the contractor ' s bid record to secure the selected bidder. Capacity and experience, there is a possible solution to the implementation of the bid.

2. The evaluation is done on the photo shoot, the contractor is responsible for the consistency between the original and the screenshot. Where there is another mismatch between the original and the screenshot but does not change the order rating the contractor is based on the original for evaluation.

3. The case with another mismatch between the original and the screenshot results in the results of the assessment on the other original results assessment on the photo, which changes the order ranking the contractor the bids of the contractor are eliminated.

What? 16. Make sure the bids

1. After the bid, the contractor has the responsibility to clarify the bids at the request of the bid party. Where the contractor's bids lack the documentation for proof of validity, capacity, and experience, the bidder requires the contractor to clarify, add documentation to demonstrate the validity, capacity, and experience. For the proposed technical content, the finances stated in the contractor's bids, it is clear to ensure that the principle does not change the underlying content of the submitted bids, do not change the bid price.

2. The case after the bid, if the contractor finds the tender filing lacking documents that demonstrate the validity, capacity, and experience, the contractor is allowed to send the document to the side of the bid to clarify its validity, capacity, and experience. The bid party is responsible for receiving the contractor's clarified documents for review, evaluation; additional documents, as well as the validity of the validity, capacity, and experience are considered as part of the bids.

3. The implementation of the tender filing is made only between the tender and the contractor whose bids must be clarified and must ensure the principle does not change the nature of the contractor to the bid. The content that clarified the bids must be shown in writing and is invited by the party to be secured as part of the bids.

What? 17. Correction and miscalibrated correction

1. The error corrects the errors in the bids including arithmetic errors and other faults conducted in the following principle:

a) The arithmetic error includes errors made by the implementation of the calculation, except, multiply, which is not correct when calculating the bids. The case where the tender bids require a detailed order analysis must obtain the amount in the detailed bid unit analysis table as the basis for the number of arithmetic errors. The unconsistent case between the price and the success takes the price as the basis for the error correction; if the single-price detection has an unusual error due to the decimal system error (10 times, 100 times, 1,000 times) the money is the basis for the error correction;

b) Other faults:

-At the deposit column it is fully filled but there is no single-defined single-rate futures price specified by dividing it into quantity; when there is a price but the column to deposit is empty then the value column value will be further defined. by multiplated the number with the order; if a content is filled with the price and the value at the money column but vacate the number, the number of vacancy is specified by dividing the value at the base column for the value of that content. Where the number of additional numbers specified above is different from the number specified in the bid file, the other misvalue is a differential of the supply range and is calibrated according to Article 2 of this Article;

-Location error error: Edit to match the request of the bid file;

-The case has a difference between the technical proposal content and the financial proposal content, the contents of the technical proposal will be the basis for the error correction.

2. Ensign correction:

a) The case with a deviation of the supply range, the value of the welcome will be added in addition, the value of the leftover will be subtracted from the corresponding price level in the bid ' s bids of the wrong bidder;

The case in the contractor ' s bid record has a no-price margin, which is the highest bidder for this content among other bids that pass a review of the technical assessment to make the basis of miscalibration; the case in the reserve profile. The contractors of the bidders pass a review of the unpriced engineering step, taking the price in the bill as a deviation correction base; the case does not have a bid, the base on the price form the bid price as a miscalibrated calibration facility;

In case only a single contractor overtakes the assessment of the technique, the deviation process is miscalibrated on the basis of the corresponding price level in the bids of this contractor; the case of bids from the contractor does not have a single price. price in the bid of the bid; the case does not have a bid for a bid, the base to the bid form price form as a miscalibrated calibration basis;

b) The case of the bidder welcomes the tax, fee, the fee required to submit to the request stated in the tender for the bid to add those expenses to the bid price. This portion of the cost is not taken into the wrong deviation in accordance with the stipulation at Point 1 Article 43 of the Bidding Law;

c) The case for the contractor has a discount letter, the error correction and miscalibration performed on a bid price basis that has not yet taken a discount value. The percentage (%) of the missing deviation is determined on the basis compared to the expected bid price in the draft bill;

d) The case of the contractor with the first-ranked corrected tender filing was invited to the contract trade, when the contract negotiation must take the lowest bidder-level among other bids to pass a review of the technical assessment to get the contract. It's a deal for the wrong deviation.

3. After fixing the error, the corrected correction is specified in Clause 1 and Clause 2 This, the party invites a written notice to the contractor to know about the error correction, the miscalibration correction for the contractor's bids. Within 3 working days, since the date received the announcement of the tender, the contractor must have a notification text for the invitation to the bid for the approval of the error correction, the error correction according to the invitation of the bid. Where the contractor does not approve of an error correction, the correct correction according to the invitation's announcement, the contractor's bids will be eliminated.

What? 18. Evaluation of bids

1. Check the validity of the bids, including:

a) Check out the number of origination, the draft bids;

b) Check out the components of the bids, including: Bids, the joint agreement (if any), the bill of signing bids (if available); the bid guarantee; the documents demonstrate valid status; documentation of competence and experience; the proposal of engineering. The proposal for finance and other components of the bids;

c) Check out the content consistency between the original and the snapshot to serve the detailed evaluation of the bids.

2. Comment the validity of the bids profile:

The bid profile of the bidder is evaluated as valid when fully responding to the following content:

a) There is a draft of the bids;

b) There is a bid to be legally represented by the contracting contractor, stamped (if any) at the request of the tender tender; the time of the procurement of the bid stated in the bill must be consistent with the technical proposal; the draft price stated in the bill must be specific, try. in the number, in the letter and must be appropriate, the logic to the total bids scored in the aggregation price, does not propose different bids, or with the same conditions that are detrimental to the investment holder, the bidding party. For the associated bidders, the bill must be due to the legal representative of each member of the signlist, stamped (if any) or the top member on behalf of the subtitle on behalf of the bids under the assignment of responsibility in the written agreement text;

c) The effect of the bids meet the requirements in accordance with the regulation in the tender invitation file;

d) There is a guarantee of the bid with the value and the effective deadline meets the requirements of the tender offer. For the prescribed case of a bid in the form of a bail submission, the bail letter must be legally represented by the credit organization or foreign bank branch established under the Vietnamese law sign with the value and time of the effect. force, the beneficiary unit at the request of the tender application file;

not the name in two or more of the bids as the main contractor (independent contractor or member in the name of the name);

e) There is a legally representative agreement signed by each member of the name, stamped (if any);

g) The contractor is not in the time prohibited from participating in the bidding operation under the law of bidding;

h) The contractor guarantees a valid degree by regulation at Clause 1 Article 5 of the Bidding Law.

The contractor has a valid bids to be considered, evaluated in terms of capacity and experience.

3. Evaluation of capacity and experience:

a) The evaluation of the capacity and experience performed in accordance with the specified evaluation criteria in the tender offer;

b) The contractor has the capacity and experience to meet the requirements for consideration, assessment of the technique.

4. Evaluation of Engineering and Price:

a) The evaluation of the standard implementation technique and the regulatory assessment method in the tender invitation profile;

b) The contractor meets the requirement for the specification to be considered determining the lowest price (for the lowest price method application), the assessment price (for the case of applying the assessment price method).

5. After the selection is listed as a bidder, the organization set up the report to the invitation to review. In the report must specify the following contents:

a) List of bidders reviewed, ranking and order ranking of bidders;

b) The list of contractors did not meet requirements and excluded; the reason for removing the contractor;

c) commented on the competitive, fair, transparent, and economic efficiency in the process of organizing the contractor selection. The case has not yet secured competition, fair, transparent, and economic efficiency, to state the reason and propose the treatment;

d) The contents of the tender filing that have not been consistent with the rule of law on the bidding led to an unknown or different understanding of the execution process or may result in misguided results of the contractor selection; propose a handling measure.

What? 19. contract negotiations

1. The first ranked bidder was invited to the contract trade. Where the contractor was invited to the contract for the contract but did not come to the negotiations or refused to negotiate the contract, the contractor would not be re-received to secure the bid.

2. The contract negotiation must be based on the following basis:

a) The report assessment bids;

b) The bids and the documents clarify the bids (if any) of the contractor;

c) The tender bids.

3. The principle of contract negotiation:

a) Not to conduct a commercial for the content the contractor has bid on the right request of the tender offer;

b) The contract negotiation is not made to change the bid for the contractor's bid after fixing the error, calibrated the deviation and minus the discounted value (if any). In the process of evaluating the bids and contract negotiations, if the proposed volume of the bid was in the initial table of bids compared to the design profile, the invitation to the bid required the contractor to add that amount of work on a single basis. The bid was welcomed; the case in the bids had not yet been agreed upon by the invitation to report the investment holder, the decision to impose a price on the approved bill for the work volume lacked compared to the other contractor's design or price record. pass a review of the technical assessment if this single is lower than the approved bill in the bid of the bid;

c) The negotiation of the misalignment is due to regulation at Point 2 Article 2 Article 17 of this decree.

4. contract negotiation content:

a) Trade in undetailed, unknown or unsuitable content, united between bids for bids and bids, between different content in the bids that may result in the births, disputes or effects of the responsibility of the various companies in the United States. in the course of the contract execution process;

b) The draft of the deviation issued by the contractor has uncovered and proposed in the bids (if any), including the proposed changes or alternatives of the contractor if in the prescribed tender record allowing the contractor to salute the alternative;

c) Negotiation on personnel for the build, mixed-build package:

During the negotiation process, the contractor was not changed to the key personnel proposed in the bids to assume the design dean positions, the survey ' s dean (for the construction package, the mixture that required the contractor to take one or two). step design before construction), the position of the commander of the field, except for the case due to the longer bids for a bid to last longer than the regulation or for the intracable reason the key personnel positions were proposed by the contractor unable to participate. The contract. In that case, the contractor was entitled to alter the other personnel but had to ensure personnel expected to replace the equivalent of a degree, experience, and competence, or higher with the proposed personnel, and the contractor was not changed bids;

d) Negotiation on issues that arise during the selection of the contractor (if any) aim to complete the detailed content of the bid;

In terms of other necessary content.

5. During the contract negotiation process, the parties to the negotiation proceed to complete the draft of the contract text; the specific condition of the contract, the contract appendix includes the detailed catalog of the scope of work, the expression, the implementation progress (if any).

6. The case of a failed case of negotiation, the invitation to report the investment owner review, decided to invite the next ranked bidder to the negotiation; the trade case with the next ranked bidders did not succeed then the bid to report the first. Considering, the decision to cancel the bid is prescribed at paragraph 1 Article 17 of the Bidding Law.

What? 20. Presentation, appraisal, approx and publicly result contractor selection

1. On the basis of reporting results assessment of the bids, the party bids the result of the contractor selection, which highlights the offer of the bid on the expert's assessment content.

2. The result of a contractor selection must be specified by regulation at Clause 1 and Clause 4 Article 106 of this Decree prior to approval.

3. The result of a contractor selection must be approved by text and base to the approval sheet, the report appraisal results of the contractor selection.

4. The case of selecting the contractor in the bid, the text approx the results of the contractor selection must include the following content:

a) The name of the contractor on the bid;

b) The bid price;

c) The type of contract;

d) The time of the contract execution;

) The contents need to note (if any).

5. The case of a prescribed bid at Clause 1 Article 17 of the Bidding Law, in the text of approval the result of a contractor selection or the text of the decision to cancel the bid must explicitly state the reason for the cancellation and responsibility of the parties involved when the bid is annulled.

6. After a decision to approve the result of the contractor selection, the bidder must post the information on the result of the contractor selection in accordance with the stipulation at Point 1 Article 7 and Point 1 or Point 2 Article 2 Article 8 of this decree; send the message text. results of the selection of the contractor for the contractors to enter the bid in the stipulation period at the Section 1 1 Article 12 of the Bidding Law. The content announced results of the contractor selection included:

a) the specified information at the points a, b, c and d This 4 Article;

b) The list of bidders is not selected and summarized on the reasons not selected by each contractor;

c) The plan to complete, sign/contract with the contractor is selected.

Item 2

METHOD OF A TWO-BAG PERIOD

What? 21. Details Process

1. Prepare to select the contractor, including:

a) Selection of the short list (if necessary);

b) Set up bids;

c) Appraisation and approval of the tender offer.

2. The organization selects the contractor, including:

a) to bid;

b) Release, modify, clarify bids;

c) Preparing, submit, receive, manage, modify, withdraw bids;

d) Open the technical proposal record.

3. Evaluation of a proposed record of engineering, including:

a) Check, evaluate the validity of the technical proposal record;

b) The detailed review of the technical proposal profile;

c) Approving the list of contractors that meet the requirements for engineering.

4. Open and evaluate the financial proposal record, including:

a) Open the profile of the financing of the contractors in the approved list;

b) Check, evaluate the validity of the financial proposal profile;

c) The review of the financial proposal case details;

d) Ranking the contractor.

5. contract negotiations.

6. Presentation, appraisal, approx and publicly result in contractor selection.

7. Complete, sign the contract.

What? 22. Short list selection

The scale base, the nature of the bid, can apply a short list selection procedure to select the contractors to have sufficient capacity and experience at the request of the bid to invite participation in the bidding. The application of the procedure selects short list due to the person with the authority to decide and must be noted in the contractor selection plan.

1. For the extensive bidding:

a) Set up an invitation file:

-The preliminary invitation profile includes the following content: Summary information on the project, the bid; which only results in the preparation and filing of the draft plan; the standard of capacity and experience of the contractor;

-To use the criteria, not to build a standard for evaluation of the preliminary profile. In the standard of preliminary record evaluation criteria must specify a minimum level for evaluation to be achieved for each individual's capacity and experience;

b) The approval of the preliminary invitation filing must be written and based on the approval program, the report appraisal of the preliminary invitation;

c) The notice of the preliminary invitation to be made in accordance with the stipulation at Point 1 Article 7 and point b 1 or Section 2 Article 8 of this decree;

d) Release the preliminary invitation profile:

The preliminary invitation profile is issued free of charge for the contractors to before the bidding period;

Receiving and managing the preliminary profile:

The invitation to the reception and the management of the draft records filed under the secret file management system until the publication of the preliminary results;

e) Open and evaluate the draft profile:

-The draft records filed over time and the specified location in the preliminary invitation profile will be opened shortly after the time of the bidding. The opening of the draft bill must be written to the border and to submit the bid for the contractors to file a draft of the draft. The draft records submitted after the time of the bidding will not be opened, not valid and excluded;

-The evaluation of the preliminary draft case is provided by the specified evaluation criteria in the preliminary invitation profile. The contractor has a predicated preliminary record of all content in terms of capacity and experience being put on the shortlist.

g) Presentation, appraisal and approval of the preliminary results:

-On the basis of the results report assessment of the preliminary profile assessment, the invitation to approve the draft of the preliminary results, which highlights the invitation of the invitation to bid on the assessment content of the expert nest;

-The preliminary results must be specified by regulation at paragraph 1 and paragraph 2 Article 106 of this suspect before approval;

-The preliminary results must be approved by text and base to the approval sheet, the report of the preliminary results appraisal;

-The case of choice is shortlisted, the text that approx the preliminary results must include the names of the selected bidders and the content to note (if any). In the absence of a short list, the text approx the preliminary results must specify a reason not to choose the short list.

h) Public list: Short list must be posted in accordance with the Regulation 1 Article 7 and c. 1 or 2 Article 2 Article 8 of this Decree and send a notice to the contractors filing a preliminary profile.

2. For limited bidding:

a) Define, approve the short list: Identitiate, approve a short list of up to a minimum of 3 capacity contractors, the experience meets the requirements of the bid and have the need to attend the bid;

b) Short list public: After approval, the short list must be posted in accordance with the regulation at Point 1 Article 7 and Point 1 or Section 2 Article 8 of this Decree.

3. The contractors named on the shortlist are not being linked together to attend the bid.

What? 23.

1. The base of the filing invites pursuits at paragraph 1 Article 12 of this decree.

2. The bids assessment of the bids included standards of assessment of capacity and experience; technical assessment standards; determine the lowest price (for the case of applying the lowest price method); the standard price assessment standard (for the field of value). Applying the assessment price method); determining the price point and standard assessment standard (for the case of applying the combination method between the technique and price). For the bid to have made a preliminary, in the filing of the bid do not need to specify a standard assessment of the capacity and experience of the contractor but required the contractor to update the contractor's information about the capacity of the contractor. In the filing of the bid not to state any conditions to limit the participation of the contractor or to make an advantage for one or some bidders that cause unequal competition.

3. Standards assessment of competability and experience; the evaluation criteria for the procedure of execution by regulation at Point a, point b Clause 3 and Point a, point b 4 Article 12 of this Decree.

4. Identitiate the lowest price (for the lowest-price method of applying the lowest price method) in accordance with the regulation at Point 3 Article 12 of this decree.

5. Standards determine assessment price (for the case of applying the assessment price method) in accordance with the regulation at Point 3 and paragraph d 4 Article 12 of this decree.

6. Standards of aggregation assessment (for the case of applying a combination method between the technique and price) executed by regulation at Article 24 of this Decree.

7. On the label, the origin of the goods by regulation at paragraph 7 Article 12 of this decree.

8. On the use of labour by regulation at paragraph 8 Article 12 of this decree.

9. For the bid to provide non-advisory and mixed-procurement services:

The scale base, the properties of the bid and regulations at the Clauses 2, 3, 4, 5, 6, 7 and 8 This is to determine the standard assessment criteria for capacity and experience; the assessment standard for engineering; determine the lowest price (for the case of applying price method). the lowest); the standard of valuation valuation (for the case of applying the assessment price method); determining the price point and standard assessment standard (for the case of applying the combination method between the technique and price) accordingly.

What? 24. Total assessment criteria

The standard assessment standard applies to the combination method between the technique and price, namely the following:

1. Define the price point:

Using a scale of 100 or 1,000 unified with a scale of engineering to determine the price point. The price point is defined as follows:

Price point Considering =

G. The lowest x (100 or 1,000)

G. Considering

In it:

-Point. Considering : As the price point of the proposed financial record;

-G. The lowest : As a post-fixing bid price, miscalibrated correction, minus the discounted value (if any) lowest of the bidders is evaluated in the financial details;

-G. Considering : As a post-fixing bid price, miscalibrated correction, minus the discounted value (if any) of the proposed financial proposal profile.

2. Standard assessment standard:

The standard assessment standard is built on the basis of a combination of engineering and price. Depending on the scale, the properties of each contractor need to determine the rate of technical points and the point of price points for the right to secure the rate of technical points combined with a score density of 100%, in particular the following:

a) For the construction bid: The ratio of technical points (K) from 10% to 15%, the price point in price (G) from 85% to 90%;

b) For the procurement procurement package: The ratio of technical points (K) from 10% to 30%, the price point in price (G) from 70% to 90%;

c) For the procurement package: The technical score (K) from 20% to 30%, the price point in price (G) from 70% to 80%;

d) Define the point of aggregation

Aggregate score Considering = K x Technical Points Considering + G x Points Considering

In it:

-Point. Look. : As the number of points identified at the technical assessment step;

-Point. Go on. : As the number of points determined at the price assessment;

-K: Point ratio of regulatory engineering in the aggregate scale;

-G: The price point on the price of regulation in the aggregate scale;

-K + G = 100%. The technical point ratio (K) and the price (G) must be specified specifically in the tender offer.

What? 25. Judge and approx bids

1. The tender tender must be appointed by regulation at Article 105 of this Decree prior to approval.

2. The approval of the tender for the tender to be written and based on the approved document, the report appraisal of the bid.

What? 26. Foundation selection organization

1. Invitation:

a) The tender invitation to be applied to the case does not conduct a short list selection procedure and is done in accordance with the regulation at Point 1 Article 7 and point b 1 or Section 2 Article 8 of this decree;

b) Send the invitation letter to the contractors named in the short list.

2. Release, modify, clarify the tender invitation profile:

The release, modification, clarified the filing of the contract implementation by regulation at paragraph 2 Article 14 of this decree.

3. Preparing, submit, receive, manage, modify, withdraw bids:

Preparation, filing, receiving, managing, revising, withdrawal of bids made by regulation at paragraph 3 Article 14 of this decree.

4. Open the profile of the technical proposal:

a) Open the profile of the technical proposal: The opening of a proposed record of engineering must be conducted publicly and begin within 1 hours, since the time of the bidding. Only the opening of the proposed record of the technique by the invitation to the bid received prior to the bid period at the request of the tender tender prior to the testimony of the representatives of the contractors attending the bidding ceremony, not dependent on the presence or absence of bidders;

b) The bidding is made to each of the bids by the alphabeti-order of the contractor's name and in the following order:

-Check the seal.

-Open the profile and read the information about: The name of the contractor; the number of origination, the proposed record snapshot; the bid belongs to the proposed record of engineering; the validity of the proposed record of engineering; the time of contract execution; value, effect. of the guarantee of the bid; other information concerning;

c) The opening of the bid: The information stated at this point b must be written to the opening of the bid. The resigning of the bid must be signed by the representative of the tender and the contractor for the bidding ceremony. This receipt must be submitted to contractors who attend the bid;

d) The representative of the invited party must sign the confirmation on the bill of the bid, the authorized representative of the representative under the law of the contractor (if any); the agreement agreement (if any); the guarantee of the bid; the important content of each proposed record of the technique;

A proposal for the finances of all contractors must be invited by the party to seal the order in a separate pocket and be represented by the party's party, the contractor for the signing of the sealing bid.

What? 27. The assessment principle, which clarified the bids, fixes and miscalibrated correction.

1. The principle of evaluating the bids for implementation by regulation at Article 15 of this decree.

2. The implementation of the bids for implementation by regulation at Article 16 of this decree.

3. The correct error correction and corrector corrector is specified in accordance with Article 17 of this decree.

What? 28. Review of the proposed record of engineering

1. Check the validity of the technical proposal record, including:

a) Check out the number of origination, the snapshot of the technical proposal;

b) Check out the components of the proposed profile on the technique, including: A bill of the proposed filing of the specification, the agreement agreement (if any), the bill permissions license (if any); the tender guarantee; the documents demonstrate valid status; the certificate document skill and experience; the proposal of engineering; the other components of the proposed record of engineering;

c) Check out the consistency of content between the original and the snapshot to serve the detailed evaluation of the proposed record of engineering.

2. Evaluation of the validity of the proposed record of engineering:

The technical proposal record of the bidder is evaluated as valid when fully responding to the following content:

a) There is a proposed record of the technique;

b) There is a proposal for a proposed filing of the legally represented specification of the contractor's name, stamped (if any) at the request of the bids; in the tender, the contractor must specify the progress of the tender implementation in accordance with the technical proposal. For the associated bidders, the bill must be due to the legal representative of each member of the signlist, stamped (if any) or the top member on behalf of the subtitle on behalf of the bids under the assignment of responsibility in the written agreement text;

c) The effect of the proposed record of the required response technique in accordance with the regulation in the tender;

d) There is a guarantee of the bid with the value and the effective deadline meets the requirements of the tender offer. For the prescribed case of a bid in the form of a bail submission, the bail letter must be legally represented by the credit organization or foreign bank branch established under the Vietnamese law sign with the value and time of the effect. force, the beneficiary unit at the request of the tender application file;

not a name in two or more of the technical proposal records as the main contractor (independent contractor or member in the name of the name);

e) There is a legally representative agreement signed by each member of the name, stamped (if any);

g) The contractor is not in the time prohibited from participating in the bidding operation under the law of bidding;

h) The contractor guarantees a valid degree by regulation at Clause 1 Article 5 of the Bidding Law.

The contractor has a proposed record of the considered valid technique, the assessment of capacity and experience. For the bid, the contractor did not conduct the contractor's capacity and experience.

3. Evaluation of capacity and experience:

a) The evaluation of the capacity and experience performed in accordance with the specified evaluation criteria in the tender offer;

b) The contractor has the ability and experience to meet the requirements for consideration, evaluation of the technique;

c) The contractor has passed the preliminary step, which has a proposed record of valid techniques, which has the capacity to be updated to meet the requirements of the bid to be reviewed, evaluated on the technique.

4. Technical Review:

a) The evaluation of the execution technique by the standard assessment standard in the tender invitation profile;

b) The contractor meets a request for the technique to be reviewed, assessing the financial proposal record.

5. The list of bidders that meet the requirements for engineering must be approved in writing and based on the approved paper, the report appraisal results on the technique. The contractor must announce a list of contractors that meet the technical requirements to all the contractors who attend the bid, which invites contractors to meet the requirement for engineering to open the financial proposal profile.

What? 29. Open financial proposal record

1. Check out the pocket sealing case of financial proposal records.

2. Open the financial proposal profile:

a) Only proceed to open the financial proposal record of the contractor named in the list of bidders that meet the technical response to the specification of the representatives of the contractors attending the opening ceremony of the financial proposal, not reliant on the presence or absence of the contractor. The contractors;

b) A request for each contractor to attend an open-profile proposal record of whether or not to have a discounted letter with the proposed record of his finances;

c) The opening of the proposed financial record is done to each of the financial proposal records in alphabetic order named in the list of bidders that meet the requirements for engineering and follow the following sequence:

-Check the seal.

-Open the profile and read out the information about: Name of the contractor; the number of origination, the proposed record of financing; the bid belongs to the financial proposal profile; the duration of the validity of the proposed record of financing; bids scored in the bids; the value of the contract. rebate (if available); the technical point of the bids is evaluated to respond to the specification; other information is relevant.

3. The report opens the profile of the financial proposal:

a) The information stated at Clause 1 and Clause 2 This must be written to the document to open the financial proposal profile. The opening of the proposed record of the financing must be signed by the representatives of the tender and the contractor for the opening of the financial proposal record. This compilation must be sent to contractors who respond to the specification;

b) The representative of the invited party must sign the confirmation on all the original pages of the proposed financial proposal record.

What? 30. Evaluation of Financial Proposal Records

1. Check the validity of the financial proposal record, including:

a) Check out the number of origination, the record for financial proposal;

b) Check out the components of the proposed profile on the financing, including: The bids belong to the financial proposal record; the aggregate price table, the detailed price table; the detailed unit analysis table (if any); other components that belong to the financial proposal profile;

c) Check out the content consistency between the original and the snapshot to serve the process of assessing the financial proposal case details.

2. Comment the validity of the financial proposal profile:

The financial proposal record of the bidder is evaluated as valid when fully responding to the following content:

a) There is a record of financial proposals;

b) There is a proposed bill of the proposed document on the legally represented financing of the contractor's name, stamped (if any) at the request of the tender tender; the bids price in the bid must be specific, fixed by number, in writing and right, logic at a total price. bids to write in the aggregation price, do not propose different bids or include adverse conditions for the investment holder, the bidding party. For the associated bidders, the bill must be due to the legal representative of each member of the signlist, stamped (if any) or the top member on behalf of the subtitle on behalf of the bids under the assignment of responsibility in the written agreement text;

c) The effect of the proposed financial proposal profile is required by regulation in the tender offer.

The contractor has a proposed record of valid finance that will be evaluated in the financial details.

3. Evaluation of financial proposal profile details and bidet rating:

a) The evaluation of the proposed record of financial proposals and rating of the contractor performed in accordance with the specified evaluation criteria in the tender invitation filing;

b) After the selection is listed as a bidder, the organizer of the report sends the invitation to the review bid. In the report must specify the following contents:

-The list of bidders considered, ranked, and ranking order;

-The list of contractors did not meet requirements and are excluded; the reason to remove the contractor;

-Commented on the competitive, fair, transparent, and economic efficiency in the process of organizing the contractor selection. The case has not yet secured competition, fair, transparent, and economic efficiency, to state the reason and propose the treatment;

-The contents of the tender filing that have not been consistent with the rule of law on bidding led to an unknown or different understanding of the implementation process or may result in misalignment of the result of the contractor selection (if any); the proposed measure of treatment.

What? 31. contract negotiations; presentation, appraisal, approval and publicly resulting contractor selection

1. The first ranking contractor was invited by the party to buy the contract.

2. The negotiation of the contract implementation follows the regulation at Article 19 of this decree.

3. Presentation, appraisal, approx and publicly results the selection of the contractor implemented by regulation at Article 20 of this Decree.

Chapter III

EXTENSIVE BIDDING PROCESS, RESTRICTIONS ON

THE BID TO PROVIDE CONSULTING SERVICES

Item 1

THE CONTRACTOR IS THE FOUNDATION.

What? 32. Details Process

1. Prepare to select the contractor, including:

a) Selection of the short list (if necessary);

b) Set up bids;

c) Appraisation and approval of the tender offer.

2. The organization selects the contractor, including:

a) to bid;

b) Release, modify, clarify bids;

c) Preparing, submit, receive, manage, modify, withdraw bids;

d) Open the technical proposal record.

3. Evaluation of a proposed record of engineering, including:

a) Check, evaluate the validity of the technical proposal record;

b) The detailed review of the technical proposal profile;

c) Approving the list of contractors that meet the requirements for engineering.

4. Open and evaluate the financial proposal record, including:

a) Open the profile of the financing of the contractors in the approved list;

b) Check, evaluate the validity of the financial proposal profile;

c) The review of the financial proposal case details;

d) Ranking the contractor.

5. contract negotiations.

6. Presentation, appraisal, approx and publicly result in contractor selection.

7. Complete, sign the contract.

What? 33. Short list selection

The scale base, the nature of the bid, can apply a short list selection procedure to select the contractors to have sufficient capacity and experience at the request of the bid to invite participation in the bidding. The application of the procedure selects short list due to the person with the authority to decide and must be noted in the contractor selection plan.

1. For the extensive bidding:

a)

-The invitation profile includes the following contents: The summary information on the project, the bid; the preparation of the preparation and filing of interest; the standard of capacity, the contractor ' s experience, which includes the requirement for the number, qualifications and experience of the company. expert;

-Using a scale point of point 100 to build a profile assessment standard, which must stipulate the minimum requirement of a minimum of 60% of the total score and evaluation points of each power, experience, personnel, and performance. less than 50% of the maximum point of that content.

b) The approval of the invitation profile must be in writing and the approval of the approval sheet, the report appraisal report interested;

c) The invitation to take an interest in accordance with the regulation at point d 1 Article 7 and point b 1 or point A paragraph 2 Article 8 of this decree;

d) To release an invitation profile:

The invitation file is issued free of charge for contractors to before the time of the bidding;

Receiving and managing the profile of interest:

The tender for the bid to take and manage the records of interest filed under the secret records management system until the public offering of interest;

e) Open and evaluate the profile of interest:

-Records of interest in time and location specified in the invitation profile will be opened shortly after the time of the bidding. The opening of the interest profile must be written to the border and to submit the bid by the contractors to file a case of interest. The interest profile sent after the time of the bidding will not be opened, not valid and excluded;

-The assessment of the profile of the execution interest: according to the specified evaluation criteria in the invitation profile. The contractor 's interest profile has the number of points assessed not below the minimum requirement level put on the short list; the bid' s interest profile has the highest number of points ranked first; the case with more than 06 bidders reached the request, which picks 06. the highest ranking contractor on the short list;

g) Presentation, appraisal and approval:

-On the basis of reporting results assessment of interest, the party invited the approval of the invitation to interest, which highlights the invitation of the bid on the expert's assessment content;

-An invitation to interest must be specified by regulation at paragraph 1 and paragraph 2 Article 106 of this decree before approval;

-The results offer an interest to be approved by text and base to the approval sheet, the report appraisal of invites interest;

-The case of selecting a short list, the text approx the invitation to interest must include the name of the selected bidders to the shortlist, and the content to note (if any). In the absence of a short list, the text approx the result of an invitation to specify the reason not to choose the short list.

h) Public list: Short list must be posted in accordance with the stipulation at Point 1 Article 7 and Point 1 or Section 2 Article 8 of this Decree and send notice to the contractors who submit the case of interest.

2. For limited bidding:

a) Define, approve the short list: Identitiate, approve a short list of up to a minimum of 3 capacity contractors, the experience meets the requirements of the bid and have the need to attend the bid;

b) Short list public: After approval, the short list must be posted in accordance with the regulation at Point 1 Article 7 and Point 1 or Section 2 Article 8 of this Decree.

3. The contractors named on the shortlist are not being linked together to attend the bid.

What? 34.

1. The base of the filing invites pursuits at paragraph 1 Article 12 of this decree.

2. The bids for the bids for bids include a standard of technical evaluation; determining the lowest price (for the case of applying the lowest price method); the fixed price definition standard (for the case of applying fixed price method); the specified price is specified. price point and aggregate assessment criteria (for the case of applying the combination method between the technique and price). In the filing of the bid not to state any conditions to limit the participation of the contractor or to make an advantage for one or some bidders that cause unequal competition.

3. Standards for evaluation of the technique: Use the grading method to evaluate on a scale of 100 or 1,000, in particular as follows:

a) experience and contractor capacity: From 10% to 20% of total points;

b) Solutions and methodology to implement the bid: From 30% to 40% of total points;

c) Human implementation of the bidding package: From 50% to 60% of total points;

d) The total focus of the specified content at points a, b and c this is 100%;

The proposed record of the technique was evaluated responding to the technical requirement when there was a point in engineering no less than 70% (80% for the consulting procurement package with high technical requirements, particular) the total number of points and points of each required content of experience and capacity, on the subject matter. solution and methodology, on HR no less than 60% (70% for consulting packages with high technical requirements, particular) the maximum point of that content.

4. Identitiate the lowest price (for the lowest-price method of applying the lowest price method) in accordance with the regulation at Point 3 Article 12 of this decree.

5. Define fixed price (for the case of applying a fixed price method):

a) Define the bid price;

b)

c) The calibration is wrong;

d) Except for a discounted value (if any);

Transfer price bids to a common currency (if any);

e) Specify the price of the bid not to exceed the bid that has been specified specifically and fixed in the tender offer.

6. The standard assessment standard (for the case of applying the combination method between the technique and price):

a) determine the price point:

Using a scale of 100 or 1,000 unified with a scale of engineering. The price point is defined as follows:

Price point Considering =

G. The lowest x (100 or 1,000)

G. Considering

In it:

-Point. Considering : The price point of the proposed financial record;

-G. The lowest : The following bid price follows the error correction, the miscalibration correction, minus the discounted value (if any) lowest among the bidders to be evaluated in the financial details;

-G. Considering : A post-fixing bid price, miscalibrated correction, minus the discounted value (if any) of the proposed financial proposal profile.

b) The standard assessment standard:

The composite point is determined in the following formula:

Aggregate score Go on. = K x Technical Points Go on. + G x Points Go on.

In it:

-Engineering points. Considering : As the number of points identified at the technical assessment step;

-Point. Considering : As the number of points determined at the price assessment;

-K: The point ratio of regulatory engineering, in the aggregate scale, accounts for the ratio from 70% to 80%;

-G: The price point on the regulatory price in the aggregate scale, accounting for the ratio from 20% to 30%;

-K + G= 100%.

What? 35. Judge and approx bids

1. The tender tender must be appointed by regulation at Article 105 of this Decree prior to approval.

2. The approval of the tender for the tender to be written and based on the approved document, the report appraisal of the bid.

What? 36. The organization selects the contractor

1. Invitation:

a) The tender invitation to be applied to the case does not conduct a short list selection procedure and is done in accordance with the regulation at Point 1 Article 7 and point b 1 or Section 2 Article 8 of this decree;

b) Send the invitation letter to the contractors named in the short list.

2. Release, modify, clarify the tender invitation profile:

The release, modification, clarified the filing of the contract implementation by regulation at paragraph 2 Article 14 of this decree.

3. Preparing, submit, receive, manage, modify, withdraw bids:

Preparation, filing, receiving, managing, revising, withdrawal of bids made by regulation at paragraph 3 Article 14 of this decree.

4. Open the profile of the technical proposal:

The opening of the proposed implementation of the specification follows regulation at paragraph 4 Article 26 of this Decree but does not include the content of the bid guarantee.

What? 37. The assessment principle; clarify the bids; correct error correction and correct correction

1. The evaluation of the bids must comply with the principle of regulation at Article 15 of this Decree.

2. The implementation of the bids for implementation by regulation at Article 16 of this decree.

3. The correct error correction and corrector corrector is specified in accordance with Article 17 of this decree.

What? 38. Review of Technical Specification Profiles

1. Check and evaluate the validity of the technical proposal record:

a) The examination and evaluation of the validity of the proposed record of the proposed implementation of the procedure in paragraph 1 and paragraph 2 Article 28 of this decree, except for the examination and evaluation of the validity of the tender guarantee;

b) The contractor with a proposed record of valid techniques will be evaluated in detail on the technique.

2. Evaluation of technical proposal profile details:

a) The evaluation of the proposed record details of the implementation technique by the specified evaluation criteria in the tender invitation profile;

b) The contractor meets a requirement for engineering or to achieve the highest technical point (for technical-based methodology) reviewed, evaluating the proposed record of financial;

c) The list of bidders that meet the requirements for engineering or contractor achieve the highest technical point (for technical-based methodology) must be approved by writing and base to the approval sheet, the report appraisal of the bidder meets the request for a request. Engineering. The invited party must announce a list of contractors that meet the technical requirement of engineering or bidder at the highest technical point (for technical-based methodology) to all the contractors who attend the bid, which invites bidders to respond to a request for technical engineering. or the highest technical bidder (for technical-based methods) to open a financial proposal profile.

What? 39. Open and evaluate the financial proposal profile

1. The opening of the proposed profile on the financing is made in accordance with the provisions at paragraph 2 Article 29 of this decree.

2. The evaluation of the proposed financial record is carried out by regulation at Article 30 of this Decree.

What? 40. contract negotiations

1. The contract negotiation must be based on regulatory grounds at Clause 1 and Section 2 Article 19 of this Decree.

2. The principle of contract negotiation:

There is no negotiation process for the content the contractor has proposed in accordance with the requirements of the tender offer.

3. contract negotiation content:

a) Trade in undetailed, unknown or unsuitable content, unified between the tender bids and bids, between different content in the bids together leading to the births, disputes or the impact on the responsibility of the project, or the project. the parties in the process of making the contract;

b) The negotiation of the deviation issued by the contractor has uncovered and proposed in the bids (if any), including the negotiation of the proposed changes or alternative methods of the contractor if in the prescribed tender record allowing the contractor to salute the contractor. Instead.

c) HR:

During the negotiation process, the contractor was not legally changed to the proposal in the bids, subtracted from the case due to the longer-term bid assessment period than the stipulation or for the unimpede reason the key personnel positions submitted by the contractor. The new contractor could not be involved in the contract, but had to ensure that the personnel expected to replace them with a higher degree, experience, and competence, or higher with the proposed personnel, and the bid not to be changed. Bids;

d) Negotiation on issues that arise during the selection of the contractor (if any) aim to complete the detailed content of the bid;

) Negotiated on the costs associated with the translation, the consultation on the basis is consistent with the requirements of the tender package and the actual conditions;

e) The discussion of other necessary content.

4. During the contract negotiation process, the parties to the negotiation proceed to complete the draft of the contract text; the specific condition of the contract, the contract appendix includes a detailed catalog of the scope of work, the expression, the implementation progress (if any).

5. The case of a failed case of negotiation, the invitation to report the investment owner review, decided to invite the next ranking contractor to the negotiation; the trade case with the next ranked bidders did not succeed then the invitation bid the first report. Considering, the decision to cancel the bid is prescribed at paragraph 1 Article 17 of the Bidding Law.

What? 41. Presentation, appraisal, and publicly selected contractor selection

The presentation, appraisal, approval and the public result of selecting the contractor in accordance with regulation at Article 20 of this decree.

Item 2

THE CONTRACTOR IS PERSONAL.

What? 42. Set up, submit and approve the reference terms, list of personal advice

1. The invitation to hold a reference clause, a contract draft for the position of individual consulting to select and determine the list from 03 to 05 private private capital consultation. The specified case of only 01 individual consultants met the requirement to make the contract, the invitation to report a review of the investment review, the decision. The reference clause content includes:

a) The summary description of the project;

b) Request for the scope, volume, quality and time of contract execution;

c) The requirement for capacity, the qualifications of the consultants;

d) The conditions and places made the contract;

) Other necessary content (if any).

2. Personal counseling may include one or a group of experts. The consulting case is the expert group then experts must send representatives to deal with the tender, the investment holder.

3. The profile base is due to the invitation of the contractor, the review holder, which approx the reference terms and the personal consultation list.

What? 43. Send the invitation and evaluate the scientific background profile of personal advice; approve and sign the contract.

1. After the terms of the reference and the list of approved personal advice, the invitation to submit the invitation to the invitation letter and the reference clause to the individual counsel with the name in the list, which specifies the deadline and address of the scientific calendar record.

2. scientific background profile:

Personal advice prepares the scientific calendar record under the request stated in the terms of the reference and the technical proposal (if any) submit to the tender party by time, address in the invitation letter.

3. Review of the scientific background profile:

The content base of the reference clause, the invitation to evaluate the scientific background profile of each individual consultation. Personal advice is valid under the regulation at paragraph 2 Article 5 of the Bidding Law; there is a scientific background record and technical proposal (if available) the requirements of the reference clause are invited by the party to the invitation to the negotiation, complete the contract.

4. Trade, complete contract.

5. The approval of the results of the selection of personal advice must be written and based on the approval program, which reports the results of the assessment of the scientific calendar of personal counsel, the result of contract negotiation. The contract signing between the parties must be consistent with the decision to approve the results of the individual consultation option, the contract negotiation results and the content of the reference clause.

Chapter IV

EXTENSIVE BIDDING PROCESS, RESTRICTIONS ON

PROCUREMENT BID FOR GOODS, CONSTRUCTION, MIX

IN TWO-STAGE MODE

Item 1

TWO-STAGE METHOD A CASE BAG

What? 44. Prepare for phase one.

1. The scale base, the nature of the bid, may apply the choice procedure short of a shortlist to choose which contractors have sufficient capacity and experience at the request of the bid to invite participation in the bidding. The application of the procedure selection procedure is decided by the competent authority and must be noted in the contractor selection plan; the case applies the short list selection procedure, the selection of the short list made by the stipulation at Article 22 of the decision. This decree.

2. Set up a phase-to-stage bid:

a) The base of the tender bids pursues to the provisions of Article 1 Article 12 of this decree;

b) A phase-to-phase invitation filing includes the following contents: The summary information on the project, the bid; only the preparation and filing of a phase-phase tender; the idea of a request for the technical method of the bid; the requirements for financial, commercial, and financial means. for the contractors to propose a technical, financial, commercial method, as the basis for the invitation to review, complete the second phase invitation filing; do not require the contractor to propose a bid price and implement the bid guarantee.

In the filing of the bid not to state any conditions to limit the participation of the contractor or to make an advantage for one or some bidders that cause unequal competition.

3. Judge, approve the bids:

a) The tender invitation filing must be determined by regulation at Article 105 of this decree before approval;

b) The approval of the tender for the tender to be written and based on the approved document, the report appraisal of the bid.

What? 45. First stage bidding organization

1. Invitations to phase one implementation in paragraph 1 Article 26 of this decree.

2. Release, modify, clarify the tender invitation profile:

The release, modification, clarified the filing of the contract implementation by regulation at paragraph 2 Article 14 of this decree.

3. Preparing, submit, receive, manage, modify, withdraw bids:

Preparation, filing, receiving, managing, revising, withdrawal of bids made by regulation at paragraph 3 Article 14 of this decree.

4. Open the bid:

a) The opening of the bid must be made public and begin within 1 hour, since the time of the bidding. Only the opening of the bids by the invited party received prior to the bid period at the request of the tender tender prior to the testimony of the representatives of the contractors attending the bidding ceremony, not dependent on the presence or absence of bidders;

b) The bidding is made to each of the bids by the alphabeti-order of the contractor's name and in the following order:

-Check the seal.

-Open the profile and clear the information about: Name of the contractor; the number of origination, file photo; the principal information in the tender; the time is valid for the bids; other information is relevant.

c) The opening of the bid: The information stated at this point b must be written to the opening of the bid. The resigning of the bid must be signed by the representative of the tender and the contractor for the bid. This receipt must be submitted to contractors who attend the bid;

d) The representative of the invited party must sign the confirmation on the bill of the bid, the delegate ' s license to be under the law of the contractor (if any); the joint agreement (if any).

5. Exchange of phase-phase bids:

During the evaluation of the phase-phase bids, the base of the requirements stated in the bids and proposals of the contractor in the first phase bids, the invitation to proceed in exchange with each contractor to prepare the requirement for technical, financial, and financial requirements. of the bid for the completion of the second phase bid. The tender must secure the information in the first phase bids of the undisclosed contractors.

What? 46. Preparing, staging a two-stage bid

1. Set up a second phase bid:

a) The base of the filing for the bid:

In addition to the specified grounds at paragraph 1 Article 12 of this Decree, when the filing of the second phase bid, must refer to the proposal of the contractors in the one-stage bid;

b) The filing of the bids:

The tender profile must stipulate the standard evaluation evaluation criteria that includes the assessment of capacity and experience assessment (for the bid made a preliminary implementation, in the tender filing that does not need to specify a standard assessment of the capacity and experience). The contractor but needs to ask the contractor to update the contractor's capacity, the standard of assessment of the technique; the standard of valuation price assessment (for the case of applying the assessment price method), determine the price point and standard assessment standard. (for the case of applying the combination method between engineering and price) and other related content by regulation at Clauses 2, 3, 4, 5, 7, 8 Articles 12. And Article 24 of this decree. In the filing of the bid not to state any conditions to limit the participation of the contractor or to make an advantage for one or some bidders that cause unequal competition.

2. Judge, approve the tender invitation profile:

a) The tender invitation filing must be determined by regulation at Article 105 of this decree before approval;

b) The approval of the tender for the tender to be written and based on the approved document, the report appraisal of the bid.

3. Bidding organization:

a) The invitation to invite the contractors to submit a phase-stage bid for the second phase bid. The release, modification, clarified the filing of the two-made phase in accordance with the provisions at paragraph 2 Article 14 of this decree;

b) Preparing, submit, receive, manage, modify, withdraw bids:

Preparation, filing, receiving, managing, revising, withdrawal of bids made by regulation at paragraph 3 Article 14 of this decree.

4. Open the bid:

The implementation of the contract is stipulated in paragraph 4 Article 14 of this decree.

What? 47. Evaluation of bids and contract negotiation phase two

1. The principle of evaluating the bids for implementation by regulation at Article 15 of this decree.

2. The implementation of the bids for implementation by regulation at Article 16 of this decree.

3. The correct error correction and corrector corrector is specified in accordance with Article 17 of this decree.

4. The evaluation of the bids and negotiation of the second phase contract implementation stipulated at Article 18 and Article 19 of this decree.

What? 48. Presentation, appraisal, public review of the contractor selection, complete and sign of contract.

1. Presentation, appraisal, approx, which publicly results the selection of the contractor implemented by regulation at Article 20 of this Decree.

2. Complete and sign the contract:

The contract signing between the parties must be consistent with the decision to approve the results of the contractor selection, the receipt of contract negotiations, bids, bids, and other related documents.

Item 2

TWO-STAGE FILE

What? 49. Prepare for phase one.

1. The scale base, the nature of the bid, may apply the choice procedure short of a shortlist to choose which contractors have sufficient capacity and experience at the request of the bid to invite participation in the bidding. The application of the procedure selection procedure is decided by the competent authority and must be noted in the contractor selection plan; the case applies the short list selection procedure, the selection of the short list made by the stipulation at Article 22 of the decision. This decree.

2. Set up a phase-to-stage bid:

a) The base of the tender bids pursues to the provisions of Article 1 Article 12 of this decree;

b) The filing of the bids:

The tender profile must stipulate the standard evaluation evaluation criteria that includes the assessment of capacity and experience assessment (for the bid made a preliminary implementation, in the tender filing that does not need to specify a standard assessment of the capacity and experience). The contractor but needs to ask the contractor to update the contractor's capacity, the evaluation criteria for engineering, requires the contractor to propose financial and other related content in accordance with the provisions of Articles 2, 3, 4, 5, 7, 8 Articles 12 and Article 24 of Parliament. Hey. In the filing of the bid not to state any conditions to limit the participation of the contractor or to make an advantage for one or some bidders that cause unequal competition.

3. Judge, approve the bids:

a) The tender invitation filing must be determined by regulation at Article 105 of this decree before approval;

b) The approval of the tender for the tender to be written and based on the approved document, the report appraisal of the bid.

What? 50. First stage bidding organization

1. Invitations to phase one implementation in paragraph 1 Article 26 of this decree.

2. Release, modify, clarify the tender invitation profile:

The release, modification, clarified the filing of the contract implementation by regulation at paragraph 2 Article 14 of this decree.

3. Preparing, submit, receive, manage, modify, withdraw bids:

Preparation, filing, receiving, managing, revising, withdrawal of bids made by regulation at paragraph 3 Article 14 of this decree.

4. Open the profile of the technical proposal:

The opening of the proposed implementation of the specification follows regulation at paragraph 4 Article 26 of this decree. The financial proposal record will be open at the second stage.

5. Review of technical proposal profile:

a) The evaluation of the proposed record of the specified implementation technique at Article 28 of this decree;

b) In the process of evaluating the proposed record of engineering, the base of the requirements stated in the tender's tender and the proposal of the contractor in the proposed record of engineering, the invitation to proceed in exchange with each contractor intended to determine the technical content of engineering. Compared to the bids.

6. The list of contractors that meet technical requirements in the first phase must be approved by writing and based on the approval program, which reports appraisal results in technical evaluation. The tender party must announce a list of contractors that meet the technical requirements to all contractors who participate in the one-stage bid, which invites contractors to meet the requirements for engineering in the phase of a second phase bid.

What? 51. Preparing, phase two bid

1. Set up a second phase bid:

a) The base of the filing for the bid:

In addition to the specified bases at Clause 1 Article 12 of this Decree, the second-stage tender tender must be based on the exchange of the exchange between the bidder with the contractors who attend the bid in the first phase;

b) The filing of the bids:

The second phase invitation profile was set up on the basis of the one-stage bid filing, which is consistent with the corrections content of the exchange technique with the contractors.

2. Judge, approve the tender invitation profile:

a) The tender invitation filing must be determined by regulation at Article 105 of this Decree prior to approval and only conduct a appraisal of the content related to the technical correction compared to the one-stage bid.

b) The approval of the tender for the tender to be written and based on the approved document, the report appraisal of the bid.

3. Release, modify, clarify the tender invitation profile:

The invitation invited the contractors to meet the requirement for engineering in the first phase to receive the second phase bid. The release, revision, clarify the filing of the two-implementation phase under the provisions at paragraph 2 Article 14 of this decree.

4. Preparing, submit, receive, manage, modify, withdraw bids:

Preparation, filing, receiving, managing, revising, withdrawal of bids made by regulation at paragraph 3 Article 14 of this decree. The bids include a proposal for technical and financial proposals at the request of the second phase invitation filing corresponding to the technical correction content.

5. Open the bid:

a) The opening of the bid must be made public and begin within 1 hour, since the time of the bidding. Only the opening of the bids by the invited party received prior to the bid period at the request of the tender tender prior to the testimony of the representatives of the contractors attending the bidding ceremony, not dependent on the presence or absence of bidders;

b) The bidding is made to each of the bids by the alphabeti-order of the contractor's name and in the following order:

-The request to represent each contractor in the bid for the confirmation of whether or not to have a discounted letter accompanying the financial proposal record in the first phase and the filing of its two-stage bid;

-The sealing test of the bag with financial proposal records in the first phase, the proposed record of financing in the first phase of the bidders for the second phase bid, the bids of the contractors in the second phase bid;

-Open the financial proposal record in the first phase of the bidders to the second phase bid and open phase two draft bids including the proposal for engineering, the proposal for the financing at the request of the second phase invitation filing corresponding to the effective content. It ' s about engineering.

c) The opening of the bid: The information stated at this point b must be written to the opening of the bid. The resigning of the bid must be signed by the representative of the tender and the contractor for the bid. This receipt must be submitted to the contractors in the second phase bid;

d) The representative of the invited party must sign the confirmation on the origination of the bids, the discount letter (if any), the delegate 's authorization paper under the contractor' s law (if any); the guarantee of the bid; the proposed content of financing and other important content. of each of the bids.

What? 52. Evaluation of bids and contract negotiation phase two

1. The evaluation of the bids and draft contracts of the two-phase contract implementation stipulated at Article 18 and Article 19 of this Decree; do not reevaluate the agreed content of the technique at stage one.

2. The contractor that meets the technical requirement in the second phase will be considered a review of the financing. The financial evaluation performed on the basis of the contractor 's financial proposal in the first phase and the proposal for finance in the second period; the proposed base for the contractor' s technique in phase one and the proposals on the state ' s corrections engineering. Bids in phase two.

What? 53. Presentation, appraisal, public review of the contractor selection, complete and sign of contract.

1. Presentation, appraisal, approx, which publicly results the selection of the contractor implemented by regulation at Article 20 of this Decree.

2. Complete and sign the contract:

The contract signing between the parties must be consistent with the decision to approve the results of the contractor selection, the receipt of contract negotiations, bids, bids, and other related documents.

Chapter V.

BIDS, COMPETITORS, BIDS.

DIRECT SHOPPING, SELF-IMPLEMENTATION

Item 1

BIDS

What? 54. Limit the bids

A bid with a value in the limit is applied only by regulation at the Section 1 Article 1 Article 22 of the Bidding Law that includes:

1. No more than $500 million for the bid to provide consulting services, non-consulting services, public services; no more than $01 billion for the procurement package of goods, construction, mixer, drug purchases, medical supplies, public products;

2. No more than 100 million co-procurement of the regular shopping bill.

What? 55. The usual bidding process

1. Prepare the contractor selection:

a) Set a request file:

The filing of the required record must be based on the provisions of Article 12 of this decree. The required filing content includes summary information about the project, the bid; the preparation of the preparation and filing of the proposed preliminary; the standard of capacity, the contractor's experience; the evaluation of the evaluation of the technique and determining the price of the bid. Using the achieved criterion, which is not achieved for assessment of capacity, experience and assessment of engineering;

b) appraisation and approval of the requested profile and determine the contractor is recommended to bids:

-The required filing must be specified by regulation at Article 105 of this Decree before approval;

-The approval of the filing required by writing and based on the approved document, the report appraisal report;

-The contractor is determined to receive a required filing when a valid prescribed status at points a, b, c, d, e and h 1 Article 5 of the Bidding Law and has sufficient capacity, the experience of the implementation of the bid.

2. The organization selects the contractor:

a) The request record issued for the contractor has been identified;

b) The contractor prepared and filed the proposed record at the request of the request file.

3. Comment the proposed record and negotiate on the proposals of the contractor:

a) The evaluation of the proposed profile must be done according to the specified evaluation criteria in the required filing. During the evaluation, the party invited the contractor to negotiate, clarify or amend, adding the necessary information content of the proposed profile to demonstrate the response of the contractor at the request for capacity, experience, progress, volume, quality, quality, and more. quantity, technical solutions and organizational measures implementing the bid;

b) The contractor is recommended to specify a bid upon the full response of the following conditions: There is a valid proposal profile; capacity, experience, and technical proposals that meet the requirements of the required profile; there is a price recommended that the bidding does not exceed the approved bid.

4. Presentation, appraisal; and publicly approve the bidding by regulation at Article 20 of this decree.

5. Complete and sign the contract:

The contract signing between the parties must be consistent with the decision to approve the results of the bids, the receipt of contract negotiations, the proposed record, the requested record, and other related documents.

What? 56. Concise only process

1. For the regulatory package stipulated at Point A 1 Article 22 of the Bidding Law, minus the bid to take to secure state secrets:

An investment owner or a direct agency is responsible for the management of the specified bid and assigned to the contractor with the capacity, the experience of carrying out the bid. Within 15 days of the day of the tender, the parties must complete the procedure for which the bids include: Preparing and submit the contract draft for the contractor in which the requirements determine the scope, work content required, the time of execution, the quality of the public. the need to achieve and the corresponding value for negotiation, complete the contract. On the basis of a contract negotiation results, the owner of the investment or directly body responsible for the management of the tender approx the results of the bid results and the signing of the contract with the designated bidder. The results of the results of the resulting bids are specified at the Point of Clause 1 Article 7 and point c 1 or Section B 2 Article 8 of this Decree.

2. For the bid in the limit of the bidding only by regulation at Article 54 of this decree:

a) The invitation to the base bid on the target, the scope of the work, the approved bill to prepare and submit the contract draft for the contractor to be determined by the investment holder to have sufficient capacity and experience to meet the requirements of the bid. The contract draft content includes requirements for scope, work content to implement, the time of execution, the quality of work needed to be achieved, the corresponding value and other necessary content;

b) On the basis of the contract draft, the tender and the contractor was proposed to only the bid to conduct the negotiation, complete the contract as the basis to approve the result of the contractor selection and contract signing;

c) The signing of the contract:

The contract signing between the parties must be consistent with the decision to approve the result of the contractor selection, the receipt of contract negotiations, and other related documents.

Item 2

HELLO, COMPETITIVE.

What? 57. The scope applies to competition.

1. Welcome to the competition according to the usual process applicable to the regulatory package at Clause 1 Article 23 of the Bidding Law is worth no more than 05 billion copper.

2. Welcome to the competition according to the applicable rules applicable to the regulatory package at Point A 1 Article 23 of the Bidding Law costing no more than 500 million copper, the regulatory package stipulated at Point b and Point 1 Article 1 Article 23 of the Valuable Bidding Law. One billion dollars, the bid for regular shopping costs no more than 200 million dollars.

What? 58. The usual competitive edge process

1. Prepare the contractor selection:

a) Set a request file:

The filing of the required record must be based on the provisions of Article 12 of this decree. The required filing content includes summary information content on the project, the bidding package; the preparation of preparation and filing of proposals; the standard of capacity, the contractor's experience; the evaluation criteria for technical evaluation and the lowest price definition. Using the achieved criterion, which is not achieved for assessment of capacity, experience and assessment of engineering;

b) Appraisation and approval profile:

-The required filing must be specified by regulation at Article 105 of this Decree before approval;

-The approval of the required file must be written and based on the approved document, the report appraisal report.

2. The organization selects the contractor:

a) The bid for the bid to register the invitation to greet the specified queue at the point of paragraph d 1 Article 7 and point b 1 or point a 2 Article 8 of this decree.

The required filing for contractors is required to participate in a regulatory period in the announcement of the offer, but guaranteed a minimum of 3 working days, since the first day these information was posted on the national bidding network. Or on the bidding war;

b) The amendment, which clarified the filing of the required execution by regulation at paragraph 2 Article 14 of this decree;

c) The contractor filed a proposal profile to the side of the bid by sending it directly or sending through the postal line. Each contractor has only been filed a proposed filing;

d) The tender was responsible for the security of the information in the proposed filing of each contractor. Immediately after the bidding time, the invitation to the bid to open the proposed filing and set up the bid to include the contents: Name of the contractor; the price salute; the timing of the validity of the proposed profile; the value, the validity of the bid guarantee; the actual time. the contract and sent this text to the contractors who submitted the proposed file.

3. Evaluation of contract records and contract negotiations:

a) A bid to evaluate the proposed records filed at the request of the request file. The contractor is assessed to meet the requirement when there is a valid proposal profile; the requirement for capacity, experience; all technical requirements are judged to be "reached";

b) The invitation to compare the salute of the proposed record response records to determine the lowest bidder profile. The contractor has the lowest bidder after bug fixes, miscalibration correction, minus the discounted value (if any) and does not exceed the bid to be invited into the contract negotiation;

c) The negotiation of the contract implementation pursues to regulation at Article 19 of this decree.

4. Presentation, appraisal, approx and publicly result in contractor selection:

The presentation, appraisal, approval and the public result of selecting the contractor in accordance with regulation at Article 20 of this decree.

5. Complete and sign the contract:

The contract signing between the parties must be consistent with the decision to approve the competitive offering results, contract negotiation, proposal records, request records, and other related documents.

6. Time in the usual competitive greeting:

a) The time of preparation of the proposed filing is a minimum of 5 working days, since the first day of release of the requested file;

b) The case needs to modify the required filing, the invited party must notify the contractors before the minimum bidding time of 3 days working so the contractor has enough time to prepare the proposed filing;

c) The maximum proposed case assessment time is 20 days, since the tender date comes when the tender party bids to approve the results of the selected contractor selection with the report review results report;

d) The time of appraisal results selection for a maximum bidder is 7 working days, since the date of receiving the appraisal profile;

) Time approx the result of a maximum contractor option of 5 working days, since the date of receiving the recommended sheet the result of the bid results of the bid party's bid and the appraisal report of the appraisal unit;

e) Other periods of time do follow the regulation at paragraph 1 Article 12 of the Bidding Law.

What? 59. The competition for competitive competition

1. Prepare and submit the report request:

a) The proposed price statement is composed of content coverage, technical requirements, the validity deadline of the report, the time of price reporting, the requirements of warranty, maintenance, training, transfer, contract draft, time of preparation, and reporting. price (minimum of 3 working days, since the first day of release of the report request) and other necessary content, do not specify a request for the bid guarantee;

b) After the request for the price of the review was approved, the invitation to register the invitation to offer the offer on a newspaper published widely in a sector, a province or national bidding network system or to submit a request for a request for a minimum of 3. The bid is capable of carrying out the bid. Directly, if prior to the bidding period any other contractor offered to participate, the party would be required to submit a request for a bid for the contractor. The report requires a free release in the form of direct mail, postal mail, email, or fax.

2. Nfiled and reception:

a) The contractor is prepared and filed a report on the price of the report. The payment of the price can be done in the form of direct mail, sent via post office, email (email) or fax state;

b) The tender is responsible for the security of the information in the bid of each contractor. Immediately after the end of the price filing, the invitation to create a text for the reception to receive the bids filed before the bidding period included content such as: Name of the contractor, the price salute, the validity of the report and send this reception text to the state. Bids have been paid.

3. Evaluation of reports:

a) The invitation to bid to compare the price reports according to the report request. The report is determined to meet all of the requirements in the report request and have the following price correction, the deviation correction, minus the discounted value (if any) lowest and does not exceed the bid that will be offered the choice;

b) During the evaluation, the case required by the invitation to invite the bid to invite the lowest bidder after fixing the error, corrected the deviation and minus the discounted value (if any) came to the contract negotiation.

4. Presentation, appraisal, approx and publicly result in contractor selection:

The presentation, appraisal, approval and the public result of selecting the contractor in accordance with regulation at Article 20 of this decree.

5. Complete and sign the contract:

The contract signing between the parties must be consistent with the decision to approve the competitive offering, the receipt of contract negotiations, and other related documents.

6. Time in competitive offering shortfall:

a) The duration of the review of the maximum review is 10 days, since the expiration date of the price of the bid comes when the bidder has the offer to approve the results of the contractor selection accompanying the report reviews;

b) The time of appraisal results selection for a maximum bidder is 4 working days, since the date of receiving the appraisal profile;

c) The time of approval results the maximum bidder is 3 working days, since the date of receiving the recommended sheet results the results of the bidder's bid and the appraisal report of the appraisal unit.

Section 3

DIRECT SHOPPING

What? 60. Direct shopping process

1. Prepare the contractor selection:

a) Set a request file:

The filing of the required record must be based on the provisions of Article 12 of this decree. The requested profile includes summary information content on the project, the bid; the contractor asks for the contractor to update information about capacity; the requirement for the progress of supply and commitment to provide the goods assurance of engineering, the quality at the request of the previous invitation record; the request. The price of goods. The cargo case of the direct procurement application package is one of the many types of similar bids that have signed the contract before which the scale of the direct procurement application must be less than 130% of the size of the goods of the same type of bids. The same was signed by the same contract;

b) The required record must be determined by regulation at Article 105 of this Decree before approval;

c) The approval of the filing of required documents must be written and based on the approved document, the report appraisal report.

2. The request record issued for the contractor was selected earlier. This contractor is unlikely to continue to make a direct procurement package that will issue a request for another contractor if this contractor meets the stipulation at Section 3 Article 24 of the Bidding Law.

3. The contractor prepares and file the proposed profile at the request of the request file.

4. Evaluation of proposed record and negotiation on the proposals of the contractor:

a) Comment the proposed profile:

-Check out the content and the application.

-Update the contractor's capacity.

-Evaluating progress, the measure of supply of goods, technical solutions and organizational measures that implement the bid;

-Other content (if any).

b) During the evaluation, the invitation invited the contractor to the negotiation, which clarified the necessary information content of the proposed profile to demonstrate the response of the contractor at the request for capacity, progress, quality, technical solutions, and organizational measures. The execution of the bid;

c) The invitation to secure the price of the portion of the procurement package applicable to direct purchases is not to exceed the price of the same bid under the same contract that signed the contract before, while at the same time the market price at the time. Contract negotiation.

5. Presentation, appraisal, approx and publicly result of direct shopping results:

a) The results of the contractor selection must be, determined by regulation at Clause 1 and Section 4 Article 106 of this Decree prior to approval;

b) The approval of the results of the selection of the contractor must be written and based on the approval sheet and report the results of the results of the contractor selection;

c) The result of the contractor selection must be notified by text for all participating bidders to submit the proposed and public filing under the regulation at Point 1 Article 7 and Point 1 or Point 2 Article 2 Article 8 of this Decree.

6. Complete and sign the contract:

The contract signing between the parties must be consistent with the decision to approve the results of direct procurement, contract negotiation, request records, proposed records, and other related documents.

Section 4

SELF-EXECUTION

What? 61.

The application of self-execution is currently approved in the contractor selection plan " on the basis of compliance stipulated at Article 25 of the Bidding Law and meets all the following conditions:

1. There are functions, duties, areas of operations and business professions in accordance with the requirements of the bid;

2. Must demonstrate and show in the self-implementation method of the ability to mobilize personnel, machines, devices that meet the requirements for the progress of the bid;

3. The unit assigned to the bid does not transfer the amount of work to a total of 10% of the bid price or less than 10% of the bid price but above 50 billion.

What? 62. Process of self-execution

1. Preparing the self-implementation method and draft contract or transaction agreement:

The profile of the existing self-implementation method includes requirements for scope, job content, value, implementation time, job quality to implement and draft contracts or deal agreements. The case of the bid provided by the unit of the accounting unit in the execution method must include the contract draft. In the case of direct organization management, the use of a bid without a unit of accounting depends on the method of execution that must include the draft of the transaction agreement for a unit of its implementation.

2. Complete the self-implementation method and the negotiation, complete the contract or the transaction agreement:

The negotiation of the content is not yet detailed, yet unknown or unsuitable, united in the self-implementation method, contract draft or job agreement and other necessary content.

3. Sign a contract or transaction agreement:

The organization directly manages, using the contract to conduct a contract signing with the subordinate unit or sign the transaction agreement with the unit assigned to self-conduct the bid.

4. The disciplinary legal case that regulates the work contents of the tender must be monitored upon implementation, the direct organization of management, using the selection of the selection under the provisions of the Contracting Law A independent monitoring advisory contractor. and independent financially with yourself to oversee the process of implementation of the bid; the case of specialized law specialization or no independent monitoring advice is of interest or no choice of independent monitoring advice due to the bid being made at the site. The deep, remote regions, the bids for under 1 billion dollars are directly governing, using the bidding process to self-organize surveillance.

Chapter VI

CONTRACTOR SELECTION FOR SMALL SCALE BID,

THE BID HAS THE IMPLEMENTATION OF THE COMMUNITY.

Item 1

CONTRACTOR SELECTION FOR SMALL SCALE BID

What? 63. Limit the size of a small scale

A small-scale bid is a bid to provide non-consulting services, procurement of goods with a bid value of no more than 10 billion dollars; the construction package, the mixture has a bid value of no more than 20 billion dollars.

What? 64. Choice of contractor for small scale bid

1. The contractor selection process for the small-scale tender package implemented by regulation at Section 1 Chapter II and Chapter V of this Decree.

2. Time in the selection of the contractor:

a) The bid for the bid was issued over a specified time in the announcement of the bid but guarantees not to be shorter than 03 working days, since the first day these information was successfully posted on the national bidding network or on the bidding press;

b) The time of preparation of a minimum bids is 10 days, since the first day of the filing of the bid;

c) The case needs to modify the tender tender, the invited party must notify the contractors before a minimum bid time of 3 days of work so that the contractor has enough time to prepare bids;

d) The time for a maximum tender filing is 25 days, since the day of the tender comes when the tender party bids to approve the results of the selected contractor selection with the report on the result of the contractor selection;

) Time appraisal results of a maximum bidder for 10 days, since the date of receiving the appraisal profile;

e) Time approx the result of a maximum contractor option of 5 working days, since the date of receiving the recommended sheet the result of the bid results by the invitation of the bid and the appraisal report of the appraisal unit;

g) The other time periods are in accordance with regulation at paragraph 1 Article 12 of the Bidding Law.

3. The value of securing bids from 1% to 1.5% of the bid price; the guarantee value makes a contract from 2% to 3% of the contract price.

Item 2

CONTRACTOR SELECTION FOR THE BID

THERE IS COMMUNITY INVOLVEMENT.

What? 65. The legal status of the residential community, the organization, the nest, the local workgroup, when carrying out the bid for the community ' s implementation of the community.

1. The residential community, group organization, nest, local workgroups are considered to be eligible to participate in the implementation of the regulatory packages at Article 27 of the Bidding Law when people of the residential community or nest, the workgroup or members of the organization. The living body, residing on the site of the bidding and benefenated from the bid.

2. The representative of the residential community, the body organization, the nest, the workgroup must have the full civil conduct capacity under the rule of law, which is not being traced to criminal responsibility, which is organized by the community community, the organization, the organization, the select group to replace. The community community, the organization, the nest, the consignations of the contract.

What? 66. The contractor selection process is the residential community, team organization, nest, workgroup group.

1. The investment of contracts in which includes requirements for scope, job content needs to implement, quality, work progress needs to be achieved, the price of contracts, rights and obligations of the parties.

2. The first publicly reported listing of the invitation to take part in the implementation of the bid at the headquarters of the People ' s Commission and inform on the social media, community life sites for residential communities, group organizations and nests, groups, and other groups. The man on the ground knows. The message needs to specify the time of the table meeting about the implementation of the bid.

3. The residential community, group organization, nest, group of workers who receive a contract to study and prepare the profile of competabilities including: They name, age, competence, and experience in line with the bidding nature of participating members making the bid.

4. Chairman of the review, evaluate the selection of the residential community or organization of the body or nest, the best workgroup and invite representatives to negotiate and sign contracts.

In the case of only one population or organization or organization, the group of workers is considering handing over to the residential community or the organization or the organization, the workgroup performs. The case cannot be delivered to the residential community, the organization that exercises or does not have a residential community, the organization of interest, and the organization, the working group.

5. The maximum time since the public announcement of the invitation to take part in the bid until the signing of the contract is 30 days.

What? 67. Advance, payment and supervision, process experience.

1. The residential community, the organization, the organization, the group of workers who are the owner of the advance, pay directly by cash or transfer through the representative of the residential community, the organization, the nest, the workgroup, according to the Ministry of Finance ' s guidance.

2. The owner of the organization is responsible for the execution of the public examination, the Social People's Committee, and the group organizations responsible for overseeing the construction work of the residential community, the organization, the nest, the workgroup.

3. The owner of the program to collect the completion of the completed work. The components involved in the collection include:

a) Head of the investment;

b) The representative community community, the organization, the nest, the workworker group;

c) The community community representative benefited;

d) Other relevant components are determined by the owner of the investment.

Chapter VII.

CENTRALIZED SHOPPING, REGULAR SHOPPING,

PURCHASE OF MEDICINES, MEDICAL SUPPLIES AND PRODUCTS, PUBLIC SERVICES

Item 1

SHOPPING MALL

What? 68. Principles in Centralized Procurement

1. The centralization of the procurement must be made through the Ministry of Centralized Procurement, the peer-to-government agency, the government agency, the other in the Central Committee, the Provincial People's Committee, the business. In the absence of an energy-focused shopping unit, the professional procurement organization organizes the professional bid to make the choice of the contractor.

2. For the goods, the service of the category must apply a centralized procurement, unit with a need for procurement of goods, the service must recognize the result of the contractor selection, the framework agreement content and the contract signing with the contractor was selected through the purchase. shopping on the basis of a framework agreement. The contracting case with another contractor who is not selected through a centralized procurement is not a contract payment.

3. The application of the bid through the network to a centralized procurement is made on the route provided by the Prime Minister.

4. The case of selecting the contractor makes the bids that have similar content to various competent persons, who have the authority of the agreement tender, delegated to a person with the authority to fulfill the regulatory responsibility at Article 73. of the Bidding Law; in this case, the person with the authority assigned to a unit of subordination has sufficient capacity and experience to carry out the organization selection of the contractor and perform other responsibilities stipulated at Article 69 of this decree.

What? 69. Responsible in Centralized Procurement

1. The centralized procurement unit performs the regulatory responsibility at Article 74 and Article 75 of the Bidding Law, for the regulation at paragraph 2 Article 74 and Point 2 Article 2 Article 75 of the Bidding Law is carried out in one of the following two ways:

a) Direct contracting with the contractor selected by regulation at Point A 3 Article 44 of the Bidding Law;

b) Sign the Framework Agreement by stipulation at B point 3 Article 44 of the Bidding Law.

2. The upper level of the procurement unit which exercises the responsibility of the competent authority at Article 73 of the Bidding Law.

What? 70. General-focused procurement process

1. generalized centralized procurement process:

a) General needs;

b) Set, appraisal and approve the contractor selection plan;

c) Prepare to choose the contractor;

d) The organization selected the contractor;

Evaluate bids and contract negotiation;

e) Judge, approx and publicly results of the contractor selection;

g), signing the frame agreement;

h) Complete, signing and implementing the contract with the contractor on the bid. The case of a procurement unit directly directly contracting the contractor to the bid does not proceed with the signing of the specified framework agreement at this point of g;

i) The decision, the contract bar.

2. The scale base, the properties of the bid to perform a centralized procurement that can be divided into many parts for the bidding organization to choose one or more contractors.

What? 71. Catalogue of goods, services applicable shopping mall

1. Goods, services are included in the centralised shopping category when responding to one of the following conditions:

a) Goods, shopping services in large numbers or types of goods, services are commonly used in many agencies, organizations, units; and more.

b) Goods, services that require synchronized, modern, and modern.

2. The responsibility of issuing a portfolio of goods, services applicable to centralized shopping:

a) The Ministry of Finance issued a portfolio of goods, services applicable to the procurement of national neutral volumes. The catalog of shopping drugs was issued by the Ministry of Health;

b) The ministries, sectors, localities, businesses that enact a portfolio of goods, the service application services are concentrated within the scope of their management.

What? 72. Frame Agreement Content

The scale base, the nature of the bid, the procurement unit focused specifically on the detailed content of the framework agreement in the filing of the tender for the right but must include the following principal contents:

1. The scope of supply of goods, services; tables of goods, services;

2. Time, location of delivery, provision of expected services;

3. Payment of the delivery of goods, services; advance, payment, contract liquation;

4. The ceiling price corresponds to each type of goods, services;

5. warranty of warranty, maintenance; training, guide to the use of goods, services;

6. The contractor ' s responsibility provides goods, services;

7. The responsibility of the unit directly contracting the procurement contract, using goods, services;

8. The responsibility of the centralized procurement unit;

9. The duration of the effect of the framework agreement;

10.

11. Other related content.

Item 2

REGULAR SHOPPING

What? 73. regular shopping content

Regular shopping content (except for the case of shopping shopping, equipment belonging to the project; procurement of equipment, specialized facilities for defense, security) including:

1. Purchase of equipment equipment, the means of working under the Government ' s regulations on the standard, the routing of equipment and the means of employment of the agencies and cadres, civil officials, state officials;

2. Purchasing supplies, tools, maintenance tools that operate regularly;

3. Purchasing machinery, catering equipment for professional work, working safety, fire department, fire extinguiking;

4. May prepare the industry (including procurement of materials and luck);

5. Shopping for information technology products: Machines, equipment, accessories, software, and products, other information technology services, including installation, test, warranty (if available) under a business-based career capital information technology project. of the Government on investment management application of information technology using state budget capital;

6. Purchasing transport vehicles: Automotive, motorcycles, ships, boats, canoes and other vehicles (if any);

7. printed products, documents, forms, publications, stamps, stamps; stationers, books, documentaries, movies and products, services to propagate, promote, and serve for professional professional work;

8. Hire maintenance services, maintenance, machine repair, equipment, work vehicles, transportation; work-based services and other goods; network outsourcing services; insurance services; power supply services, water, electricity, and more. Fixed lines and other services;

9. Consulting services include: Business selection consulting, consulting to analyze, evaluate bids and other shopping consulting services;

10. Industrial ownership copyright, intellectual property (if any);

11. Other types of goods, other services are shopping in order to maintain regular activity of the agency, unit.

What? 74. Permanent procurement process

The selection of the contractor in regular procurement is made under the stipulation of the selection of the contractor making the bid of the project stated at Chapter II and Chapter III of the Bidding Law.

Section 3

BUY MEDICINE, MEDICAL SUPPLIES

What? 75. Common principle in drug purchases, medical supplies

1. Purchase of the drug through the form of decision-making contractor selection in the Bidding Law must ensure the following general principles:

a) The registered drug has a reasonable price corresponding to the quality, delivery conditions, drug precuration and other related conditions;

b) The contractor on the bid to supply the drug must guarantee the supply of medicines in accordance with the signed agreements in the contract;

c) The contractor ' s bid to supply the drug must ensure that the drug meets the quality of the quality in all the stitchwork of the process of contract execution from raw materials, production, packaging, transport, maintenance, table of medicine;

d) Must perform a centralized procurement for the medicines in the unproduced water, except for the medicines of the category of drugs that are used in the form of price negotiation;

For a small-scale drug purchase bid, the drug item needs to be selected on a combination basis between quality and price, which can apply the method of selecting the contractor a two-bag period.

2. The selection of the contractor provides medical supplies as to the purchase of the goods procurement package.

What? 76. Authority in drug purchase

1. Authority approx plans to choose the contractor:

a) Minister; peer-agency chief, government agency, other agency in the Central; Chairman of the Provincial People ' s Committee is responsible for approving the plan to choose the contractor to provide drugs for public health facilities within the management range;

b) The representative of the law of the offshore medical facility is responsible for approving the plan of selecting the contractor to provide the drug of its unit in the case of a contract to participate in the examination, cure health insurance with the social insurance agency.

2. The authority approx the tender invitation profile, the requested record, the result of the contractor selection:

a) The head of public health facilities responsible for approval of the tender invitation profile, the requested filing, the result of the selection of the contractor providing the medicines of its unit;

b) The case of purchasing a drug focused on regulation at Section 1 This chapter, the Chair of the Provincial People's Committee, the Director of the Department of Health, is responsible for approval of the tender, the result of a contractor's choice to provide medication for units within the management range. specified at paragraph 1 Article 69 of this decree;

c) The representative under the law of the public outside medical facility is responsible for approving the tender invitation records, the requested records, the results of the selection of the contractor providing the drug of their unit in the case of a contract to enter the medical examination, cure health insurance. with the social insurance agency.

What? 77. The responsibility of the agencies in the drug purchase

1. The Ministry of Health has the following responsibility:

a) The board of the tender drug portfolio, the portfolio of prescriptions, the drug portfolio is applied to form the price negotiation on the basis of the National Advisory Council ' s proposed basis for drug bidding;

b) The organization buys concentrated medicines at the national level, presiding over price negotiation;

c) Building roadmap and guide-to-focus drug purchases at the national, local level, guarantee from 2016 performed on the nationwide scope;

d) Base of basic criteria such as: The number of subscriptions has been published, the price of the drug that the domestic production business has prescribes with the competent authority, the number of minimum registration in the form of a cell and compound and other necessary criteria for issuing a portfolio. the drug item in the production water, which meets the requirements for treatment, drug prices and the ability to provide;

Periodically) periodically, making a selection to select a list of manufacturers, suppliers of medicines that meet the requirements, experience, and credibility to serve as a basis for the invitation to participate in a limited bid.

2. The National Consultative Council for the Procurement of the Health of the Ministry of Health established that includes the representative of the Ministry of Health, Ministry of Finance, Vietnam Social Insurance, the Association of Pharmaceutical Businesses and representatives of other organizations involved. The Council is responsible for advising the Ministry of Health in the following matters:

a) Research, which proposes the category of tender drugs, the portfolio of centralized purchasing drugs, the category of medication that is applied in the form of price negotiation;

b) Consultative in the process of selecting the contractor to provide medicines on the purchase of concentrated medicines at the national level;

c) Consultative in the process of selecting contractors to provide medication for the form of price negotiation at the national level.

3. Vietnam Social Insurance has the following responsibility:

a) Participation in the process of selecting the contractor to supply the drug from the planning of the contractor selection until the result of a contractor selection;

b) The price of each of the paid drugs was paid, the average cost of the drug was paid from the health insurance fund of each hospital, local, and the Ministry of Health on the electronic information site of Vietnam's Social Insurance.

What? 78. Drug price negotiation process

1. Send an invitation to negotiate with the contractors to provide drugs (producers, suppliers) in which specify the location, time, the drug that needs negotiation on the price.

2. The contractor provides a charge of issuing an invitation to negotiate a medical offering, which must specify pharmacological, export, quantity, price, delivery conditions, and other relevant content.

3. The negotiating council conducts price negotiation with each contractor providing drugs to determine the contractor that meets the requirements of quality, quantity, preservation conditions, delivery, other requirements related to the technique, quality, and determination of the house ' s greet prices. Bids.

4. The case with from the 02 bidders offers the drug to enter the price negotiation, after negotiation, the negotiation results base, the Negotiation Council recommended contractors offer prices of the price; in the text offer to welcome the price to clear the deadline, the venue. Reception to the price, the opening of the records, and the price of the bid to offer the contractors to provide the offer for the opening ceremony. When welcoming the price, the contractor was not offered a higher price than the previously negotiated price. The lowest bidder for the bid was received.

5. The direct medical facility to use the contract drug to supply the contractor is recognized as a bid through price negotiation.

What? 79.

Only the tender tender applies to the purchase of the drug in the following cases:

1. The bid is in the limit specified for regulation at Article 54 of this decree;

2. The drug in the category of rare drugs that arose in accordance with the need for the privilege issued by the Ministry of Health but has not yet included the contractor selection plan;

3. Drugs that are not in the category of drugs planning to choose a drug supply contractor during the year issued with approval to meet the needs of professional activity in the case of urgency as: Disease, natural disasters, influence and influence. seriously ill health;

4. The drug already in the category of the drug of planning a contractor to provide drugs during the year issued with approval authorship but has not yet had a bid to choose the contractor or the unselected bidder, the purchase required to meet the need for service. professional activity in the case of urgency;

5. The drug that was included in the drug category of the bid to select the contractor that provided the drug was approved but in the year the need to use beyond the number of plans has been granted the authority to approve.

What? 80.

1. The bids for evaluation of bids include standards assessment standards, experience; technical assessment standards; aggregate evaluation standards.

2. Standards assessment of competability, experience: Use of performance criteria, non-achieving, which must specify a minimum requirement level to evaluate the individual's ability to evaluate the capacity and experience of the contractor. Specifically as follows:

a) Experience implementation of similar subscriptions; operational experience in the field of manufacturing, drug business;

b) Production capacity and business; the engineering facilities of the manufacturing plant, the site of the protection of the drug;

c) Financial capacity: Total assets, total debt payable, short-term assets, short-term debt, revenue, profit, contract value are performing unfinished and other key indicators to evaluate the financial competability of the contractor.

Determining the specific level of requirements for each specified standard at the points a, b and c This is required based on the requirements of each particular package or strain of the drug. The contractor achieves all of the content stated at this paragraph which is evaluated to meet the requirements for capacity and experience.

3. Standards for evaluation of the technique: Use the grading method to evaluate on a scale of 100 or 1,000, in particular as follows:

a) Quality of drugs: From 60% to 80% of total points;

b) Close packaging, preservation, delivery: From 20% to 40% of total points;

The total focus of the specified content at Point A and Point B by 100%;

c) The proposed specification for the technique was evaluated responding to the technical requirement when there was a point in engineering no less than 80% of the total number of points and points of each required content of the quality; in packaging, preservation, delivery of no less than 60% of the content ' s maximum point. That's it

What? 81. The contractor selection provides drugs and purchases of concentrated medicine

1. The selection of the contractor provides medicines in broad forms of bidding and limited bidding is made in accordance with the regulation at Chapter II of this Decree; in accordance with the planning forms of bidding, competition, direct procurement and self-implementation. It ' s on the agenda at Chapter V of this decree.

2. Buy a prescribed concentration pill at Section 1 This chapter.

Section 4

THE CHOICE OF CONTRACTORS TO PROVIDE PRODUCTS, PUBLIC SERVICES

What? 82. The contractor selection process performs the bid to deliver the product, public service.

The choice process for the contractor implementation of the bid to deliver the product, the public service is carried out under the contractor selection process for the bid to provide non-consulting services, the project procurement package belonging to the project.

What? 83. Just bids the bid to supply products, public services

1. The applicable cases specify the bidding:

a) The bid to supply the product, the public service has a bid price in the limit of the specified bidding at Clause 1 Article 54 of this decree;

b) The bid to deliver the product, the public service that only 1 supplier of only suppliers on the site is capable of carrying out and meeting the requirements of the bid.

2. Contender only:

The contractor is designated the bid to implement the product supply package, the public service must have sufficient capacity on capital, technical qualifications, production technology, management qualifications and the team of workers that meet the requirements of the contract to provide products, services and services. Yeah.

3. Base:

a) The decision to approve the plan of selecting the bid for the bid to supply the product, public service;

b) The price or price of the bid to supply the product, the public service is defined on the basis of the application of the technical economic level, which determines the existing cost of the authority to be issued by the authority. For a product, a public service is subject to a price appraisal, the application specifies the bid as the application stated in the article appraisal of the specialized management body according to the law of the law on the price and regulation of the relevant law;

c) The quantity, volume, quality of the product, the public service required by the authority to be approved by the authority;

d) The time of deployment and time of completion;

Well, you've got the authority to hand it over.

4. The process of bidding the bid to provide a product, public service:

a) The submission of the tender only for the bid to provide a public service priced at no more than $500 million, for the bid to provide a public product priced with a bid price of no more than 01 billion co-made under the regulatory withdrawal designation process stipulated at Article 1. 56 of this decree;

b) The process specifies the bidding for the procurement package that provides the product, the public service outside of the specified case at the point of this paragraph, in accordance with the usual bidding process stipulated at Article 55 of this decree.

Chapter VIII

WEB CONTRACTOR SELECTION

What? 84. Range and Road applicable

1. Choice of a contractor through the network is made for consulting services, non-consulting, non-consulting, construction, and mixed procurement of the contractor as a broad bid, limited bidding, competitive, direct shopping, and more. Only bids.

2. The application of the selection of contractor through the network implementation follows the route specified by the Ministry of Planning and Investment.

What? 85. Principles of applying contractor selection over network

1. On the implementation of a contractor selection over the network, the contractor, the contractor must perform a one-time subscription on the national bidding network.

2. The invitation issued a free release bid for an invitation, a preliminary invitation file, a bid file, a request file on the national bidding network.

3. For each of the bids, the contractor only file an interest profile, the draft bill, the bids, the proposed record once on the national bidding network.

4. The invitation to conduct the bid on the national bidding network immediately after the time of the bidding. In the absence of a filing contractor, the bid to report the investment owner review the reorganization of the contractor's choice over the network; the case with fewer than 3 bids file bids should not be processed immediately without the prescribed trial at Clause 4 Article 117. of this decree.

5. Electronic texts dealing through the national bidding network system, the information posted on the national bidding network system is considered the original text, which has legal value and is in effect as written text, as a basis for the service of the assessment business, and for example. Appraisal, inspector, check, audit, and solve.

What? 86. Cost in contractor selection via network

Expenses in the selection of bidders through the network include: Cost of participating in the national bidding network system; the cost of filing bids, proposed records; the cost of the contractor in the bid; the cost of using the electronic contract and the cost of using the electronic procurement system. The expenses raised on the implementation follow the guidelines of the Ministry of Planning and Investment and the Ministry of Finance.

What? 87. Register for the national bidding network system

1. When participating in the national bidding network system, the registry uses the use of the prescribed numerical certificate at paragraph 5 Article 4 of the Registered Bidding Law with the operating system operating system.

2. The Ministry of Planning and Investment Guide details on the registration subject, registration process, registration records, information that must be imported when registration and the use of digital certificates on the national bidding network.

What? 88. contractor selection process via network

1. Invitations to the contractor, the contractor conducts the registration of the national bidding network in accordance with the provisions of Article 87 of this decree.

2. The invitation to register for a self-registration notice, the invitation to take care of, announce the invitation, to announce the offer on the national bidding network. For the commodity procurement package, the party invitations publicly that the goods need to shop.

3. The invitation issued a free release bid for a preliminary invitation, an invitation-to-interest profile, a bid for a bid, a request for a request on a national bidding network, and a notice of invitation, notification of invitation, notification of invitation. Where there is another error between the attached electronic text and the contents of the filling in the sample, the attached electronic text will have a legal value.

4. The contractor filed a draft bill, the profile of interest, the bids, the proposed record on the national bidding network. The national bidding network must respond to the contractor who successfully filed a successful or failed file, while recording the time, the state filed on the system as a dispute resolution base (if any). The contractor makes the bid to submit bids through the connected bank to the national bidding network. The case of the draft of the preliminary record, the profile of the interest, the bids, the proposed record, the contractor informed the bid and the bank to perform the bail (if any) before the time of the bidding.

5. The opening invitation to open and decrypt the preliminary profile, profile of interest, bids, profile proposals on the national bidding network immediately after the time of the bidding. The initial record of the draft of the draft bill, the profile of the interest, the bids, the proposed record was publicly posted on the national bidding network during the period of no more than 02 hours after the time of the bidding.

6. After evaluating the draft bill, the profile of the interest, the proposed filing, the proposed filing, the invitation to enter the bid for the bid to select the contractor to the national bidding network. The result of the contractor selection was publicly posted on the national bidding network shortly after the decision was made to approve the result of the contractor selection.

7. The Ministry of Planning and Investment provides details of the time and process of selecting the contractor over the network.

Chapter IX

CONTRACT

What? 89. The general principle of contract

1. The contract is signed between parties as civil contracts; written agreement to establish the responsibility of the parties in the implementation of the entire range of contract work. The contract has been signed by the parties, in effect, and in accordance with the regulation of the law as the legal document binding the responsibility of the parties in the process of making the contract.

2. The content of the contract must be set up in accordance with the prescribed form in the filing of the tender, the required record, and in line with the contract negotiation results, the result of the contractor selection on the basis of the bid of the bid and the guidance of the state regulator. The field

3. Before the signing of the contract, the parties were able to deal with the use of the arbitration to resolve the disputes that occurred during the course of the contract. The content involved in the use of arbitration must be specified specifically in the contract.

What? 90.

1. The contract price must be specified in the contract accompanying the principle of management of changes, adjustments (if available).

2. The contract price should be shown in detail at the appropriate level in the contract price table that was specified in the tender tender, the required record, and the negotiated, completed prior to the signing of the contract.

What? 91. The currency and the form of contract payment

1. The currency used to pay the contract must be specified specifically in the contract and in accordance with the requirements of the tender invitation file, the required filing and not against the provisions of the law.

2. The domestic expenses must be paid by the Vietnamese, the expenses outside the territory of Vietnam are paid by the foreign currency as prescribed in the contract.

3. The form of payment can be in cash, transfers and other forms due to the statutory agreement by law and must be written in the contract.

What? 92.

1. The contract for the contract is an advance payment for the contractor to implement the implementation of the contract.

2. Depending on the scale, the properties of the bid to determine the appropriate level of advance. In the contract must be clear on the level of the advance, the time of the advance, the response guarantee, the response; the responsibility of the parties in the management, use of the temporary funding; the collection of the advance guarantee in the case of using a non-correct advance budget. A target.

3. The contractor is responsible for managing the use of the right, correct, effective, effective, effective capital. Strictly prohibition without use or use is not on purpose.

4. For the production of the components, selling products with great value, some materials must be stored seasonally in the contract to specify for the advance plan and the advance level to ensure the progress of the contract execution.

What? 93. The price and volume of the contract

1. The adjustment of the contract price must be specified in the contract for adjuvable content, principles, and time of adjustment, the input database for tuning in.

2. Simple tuning:

For the contract by the regulator, in the contract must specify the following content:

a) The time to calculate the original price (normally specified at the time of 28 days before the time of the bidding) to make the basis determine the difference between the bid and the adjusted price;

b) The input database to calculate a single-price adjustment, in which the price index to be a single-price regulator is obtained by the General Bureau of Public Statistics or the construction price index issued by the Ministry of Construction, the Provincial People's Committee announced;

c) The method, the price adjustment formula:

The identification of the method, the price-tuning formula must be based on a scientific basis, which is consistent with the nature of the bid. Promoting the use of methods is widely applicable on the international market as the regulatory patterns of the International Association of Consultated Engineers (FIDIC), the World Bank's Guide (WB), the Asian Development Bank (ADB).

3. Mass adjustments:

a) The principle of mass adjustment must be specified in the contract if at the time of the undetermined signing time the full volume needs to be done;

b) The volume of work increases due to the subjective contractor ' s subjective error is not allowed to adjust;

c) For the workload of work in the contract price panel that actually makes the difference in excess of 20% of the initial regulatory volume then the two sides must deal with the principle of rational order adjustment principle, in accordance with the volume change condition (increase or decrease). when the payment for the volume portion of the execution volume is more than 20% this;

d) The volumes of birth beyond the initial regulation of regulation of the contract or case required both parties in the contract to prevent, rectify the risks of duty alone, the two sides of the same silver table. It's a trial.

4. The case has a cost-based or progressive change of progress, the two sides must report a decision-making authority and sign the appendix to add the contract to make the basis.

What? 94.

1. The contract price and the specific provisions of the payment are inscribed in the contract as the basis for payment to the contractor. An investment holder who does not make payments at the right time in the contract is liable to pay interest in the value of the slow payment for the contractor as specified in the contract.

2. The payment is not based on the bill as well as regulations, the State 's current guidance on the pricing, monetization; not based on the single in the financial bill for the contractor' s input factors such as supplies, machinery, equipment, and other factors. It's a different input.

3. In a contract there are various types of contracts that apply the principle of payment corresponding to each type of contract.

What? 95. Pay for the package contract type

1. Payment Principles:

The payment to the full package contract is done many times after each recon with the value corresponding to the workload that has been done or once after the contractor completes the responsibility under contract with the value equal to the contract price minus. travel value (if any). The case cannot be determined that the complete value details corresponding to each job category or the completed recovery phase can be specified by the percentage (%) of the contract value.

2. Payment records for the complete package contract include:

a) The volume of the volume collection performed in the confirmed payment phase of the contractor representative, the investment owner and the supervising advisory (if any). The editor confirmed this volume is the validation of the completion of the work, the work category, the work of the work in accordance with the design without confirmation of the volume completion in detail;

b) For the procurement work: Depending on the properties of the goods to rule the payment profile for the appropriate as a contractor's invoice, the portfolio of goods packaged, certificates from transport, receipt of insurance, quality certificates, receipt of receipt of goods, Certificate of origin and other documents, other evidence related.

What? 96. Payment on the type of fixed-price contract

1. Payment Principles:

a) The value of payment is calculated by taking the fixed order in the contract multiplied by the volume, the amount of actual work the contractor has made;

b) For the construction work, the case of the actual workload that the contractor made to complete in accordance with the design of less than the volume of work stated in the contract, the contractor was only paid for the actual volume of actual volume. Where the volume of the actual workload the contractor has made to complete in the right design is more than the volume of work stated in the contract, the contractor is paid for the volume difference of the volume to the unchanging price. In the contract,

c) The investment, oversight advisory and contractor is responsible for the validation of the completed volume of the volume to be the payment base for the contractor.

2. Payment records include:

a) The volume of the volume collection performed in the confirmed payment phase of the contractor representative, the investment owner and the supervising advisory (if any);

b) The confirmation of the volume of adjustment increases or decreases compared to the confirmed contract of the contractor representative, the chief investment and oversight advisory (if any);

c) The value of the payment offer on the basis of the completed work volume was confirmed and the price scored in the contract;

d) Offer the payment of the contractor, which specifies the volume that is completed and the value is complete, the value increased (decrease) compared to the contract, the value is already a given value, the value offer payment in the payment phase;

For the procurement of goods: Depending on the properties of the goods to set up payment records for suitable as a contractor's invoices, catalogue of goods packaged, certificates from transport, insurance applications, quality certificates, receipt of receipt of goods, Certificate of origin and other documents, other evidence related.

What? 97. Payment on the type of contract by adjustment price

1. Payment Principles:

a) The value of payment is calculated by taking the adjusted regulatory order in the contract with the volume, the actual amount of work the contractor has made;

b) For the construction work, the case of the actual workload that the contractor made to complete in accordance with the design of less than the volume of work stated in the contract, the contractor was only paid for the actual volume of actual volume. Where the volume of the actual workload the contractor has made to complete in accordance with the right design of the work volume in the contract, the contractor is paid for the difference in the volume of the workload;

c) The investment, oversight advisory and contractor is responsible for the validation of the completed volume of the volume to be the payment base for the contractor.

2. Payment records include:

a) The volume of the volume collection performed in the confirmed payment phase of the contractor representative, the investment owner and the supervising advisory (if any);

b) The confirmation of the volume of adjustment increases or decreases compared to the confirmed contract of the contractor representative, the chief investment and oversight advisory (if any);

c) The value proposition spreadsheet on the basis of the completed work volume has been confirmed and the price scored in the contract or the order is adjusted under the regulation of the contract;

d) Offer the payment of the contractor, which specifies the volume that is completed and the value is complete, the value increased (decrease) compared to the contract, the value is already a given value, the value offer payment in the payment phase;

For the procurement of goods: Depending on the properties of the goods to set up payment records for suitable as a contractor's invoices, catalogue of goods packaged, certificates from transport, insurance applications, quality certificates, receipt of receipt of goods, Certificate of origin and other documents, other evidence related.

What? 98. Payment on the type of contract by time

1. Payment Principles:

a) The rate of TB for the expert is calculated by taking the salaries of the expert and the costs associated with the salary such as social insurance, health insurance, unemployment insurance, holiday, holiday, and other expenses outlined in the contract or are adjusted. pursuits to the actual working time (in months, weeks, days, hours). The case of the actual working time of the expert is less or more than the time in the contract has signed, the payment of the base follows the actual working time that the expert has made;

b) The relevant expenses (in addition to the cost of the specified expert at the Point of this one) include: The management costs of the management unit, the expert use (if any); the travel costs, the survey, the work office outsourcing, contact information, and other details. Other fees are regulated by regulation in the contract. For each of these costs, in the contract it is necessary to specify the payment method such as the actual payment based on the invoice, the valid certificate issued by the contractor or the payment on the basis of the agreement agreement in the contract:

2. Payment records:

Depending on the nature of the consulting work to rule the payment profile for appropriate as the receipt of the results of the consulting work, the document confirms the progress of the contract implementation and the documents, other evidence related.

What? 99.

1. The contract is liquated in the following case:

a) The parties complete the obligations under the signed contract;

b) The contract is terminated (cancel) by the rule of law.

2. The liquoration of the contract must be completed by the unified margin signed between the two parties. The contract liquorally can be established separately or as part of a final collection of final sessions or the unified margin termination of the contract with the content consistent with the responsibility of the parties specified in the contract and the contract will be considered. The validity of the 45-day period, since the date of the contract of the contract to complete the responsibilities of the bar, is on the above; for large scale contracts, the contract liquoration is carried out over the 90-day period.

Chapter X

APPRAISAL APPRAISAL,

APPROVAL IN CONTRACTOR SELECTION

What? 100. Responsibility of the Minister; Head of the peer-agency, government agency, other agency in the Central; Chairman of the Provincial People ' s Committee.

1. For the project by the Prime Minister deciding to invest in which he is not the owner of the investment:

a) There is a written opinion on the plan to choose the contractor at the request;

b) Perform other work on the selection of contractor under the mandate of the Prime Minister.

2. For the project due to its decision to invest:

a) Approving a contractor selection plan;

b) Implemencing the other work of the responsibility of the competent authority at Article 73 of the Bidding Law.

3. For the project due to its owner:

a) To approve the tender invitation profile, the required record;

b) The approval of the contractor selection results;

c) Implemencing the other work of the responsibility of the specified investment holder at Article 74 of the Bidding Law.

What? 101. The responsibility of the Chairman of the District People ' s Committee, the township level and the Head of other agencies in the local

1. For the project due to its decision to invest:

a) Approving a contractor selection plan;

b) Implemencing the other work of the responsibility of the competent authority at Article 73 of the Bidding Law.

2. For the project due to its owner:

a) To approve the tender invitation profile, the required record;

b) The approval of the contractor selection results;

c) Implemencing the other work of the responsibility of the specified investment holder at Article 74 of the Bidding Law.

3. Perform other work on the selection of contractors under the authorization of the superior.

What? 102. The responsibility of the Board, the head of the business

1. For the project due to its decision to invest:

a) Approving a contractor selection plan;

b) Implemencing the other work of the responsibility of the competent authority at Article 73 of the Bidding Law.

2. For the project due to its owner:

a) To approve the tender invitation profile, the required record;

b) The approval of the contractor selection results;

c) Implemencing the other work of the responsibility of the specified investment holder at Article 74 of the Bidding Law and by proxy.

What? 103. The responsibility of the Board of Directors of the joint venture, the holding company and the legal representative of the parties to the joint business cooperation contract.

1. For the project due to its decision to invest:

a) Approving a contractor selection plan;

b) Implemencing the other work of the responsibility of the competent authority at Article 73 of the Bidding Law.

2. For the project due to its implementation of the owner function:

a) To approve the tender invitation profile, the required record;

b) The approval of the contractor selection results;

c) Implemencing the other work of the responsibility of the specified investment holder at Article 74 of the Bidding Law.

What? 104. The responsibility of the appraisal unit

1. The Ministry of Planning and Investment is responsible for the organization of the following:

a) Plan selection under the approval of the Prime Minister ' s approval;

b) The option of a contractor in special circumstances is considered by the Prime Minister, determined by regulation at Article 26 of the Bidding Law and other cases required by the Prime Minister.

2. The Planning and Investment Department is responsible for the organization of the following contents of the following:

a) Plan selection for projects led by the Chairman of the Provincial People's Committee to invest, except for the regulatory packages at Article 3;

b) The invitation profile, the preliminary invitation record, the tender record, the tender filing, the requested record, the case assessment results, the result of the preliminary profile assessment, the result of the contractor selection of the bids of the project under the Provincial Committee of the Provincial Committee as the owner of the investment. request, except for the bids specified at Section 3 This.

3. The Department of Health is responsible for organizing the decision to choose the contractor for the purchase of the purchase bid, medical supplies headed by the Chairman of the Provincial People's Committee as a competent person.

4. Agency, the organization is given by the Minister; the head of the body by the government, the government agency, the other agency in the Central; the head of the business delivery business is responsible for the following of the following:

a) The contractor selection plan for the project under the jurisdiction determines the investment of the minister; the head of peer-agency, government agency, other agency in the Central; the head of the business;

b) The invitation profile, the preliminary invitation record, the tender record, the tender filing, the requested record, the case assessment results, the preliminary profile evaluation results, the result of the contractor selection of the bids of the project under the Ministry, the Ministry of the Government, the government agency, the government. other in the Central, business is the owner of the investment when asked.

5. The department has a planning function, district finance is responsible for the planning of a contractor selection plan on the decision-of-jurisdiction project of the Chairman of the District People's Committee.

6. The department helps the relevant responsibility to determine the contractor selection plan on the jurisdiction, the decision of the Chairman of the Social People ' s Committee, the head of other agencies in the locality, the Board of Directors of the joint venture, the holding company and the legal representation of the parties to the business cooperation contract.

7. The owner of the delivery for the organization, the individual of the body, which imples an invitation to an invitation, a preliminary file, a tender, a tender, a request file, a required filing, a case assessment outcome, a result of the evaluation of the preliminary profile, the result of a contractor selection, except for This is the case in paragraph 2 of this.

In the event of an organization, the individual is given an incompetability appraisal, and the owner of the organization chooses a consulting organization that has sufficient capacity and experience for appraisal. In any case, the owner of the investment is responsible for the appraisal of an invitation profile, a preliminary invitation record, a bid record, a request record, a case assessment results, a result of evaluating the preliminary profile and the result of a contractor selection.

What? 105. Appraisal of an invitation file, file invitation file, invitation file, request file

1. appraisal, approx, including:

a) The offer of approval of the invitation profile, the preliminary invitation file, bids, bids from the invited party;

b) Proposition of invitation records, preliminary invitation records, bids, request records;

c) The capture of the documents: The decision to approve the project, the procurement bill, decided to approve the contractor selection plan;

d) Other documents are related.

2. The content of the appraisal includes:

a) Check out the documents as the base to set up an invitation profile, a preliminary invitation record, a bid file, a request file;

b) Check the contents of the contents of the invitation profile, the preliminary invitation record, the tender profile, the requested profile compared to the scale, target, work scope, implementation time of the project, the bid; compared to the design profile, the draft of the bid, the request for special privileges. property, the technical specifications of the goods (if applicable); compared to the exchange margin between the tender with the bidders to the bid in the first phase (for the tender to apply the two-stage method); compared to the rule of law on bidding and other legislation. It ' s relevant;

c) Consider the different opinions (if any) between the organization, the individual participating in an invite-interest profile, the preliminary invitation record, the bidding record, the requested record;

d) Other related content.

3. The appraisal report includes the following content:

a) The main content content of the project and the tender, the legal basis for setting up an invitation profile, the preliminary invitation record, the tender invitation records, the requested records;

b) The review and opinion of the appraisal unit on the basis of legal basis, compliance with the rule of law on bidding and other legislation is involved; the unified or ununified opinion of the draft invitation filing, the preliminary invitation record, the invitation profile. Bids, records require;

c) The proposal and petition of the appraisal unit on the approval of the invitation profile, the preliminary invitation record, bids, bids; on the treatment for the case of the invitation of an invitation profile, the preliminary invitation record, bids, bids, bids does not comply with the laws of the bidding and other legislation that are relevant; in terms of the solution to those that are not eligible to approve the invitation file, the preliminary invitation file, bids, bids;

d) Other opinions (if any).

4. Before you sign the appraisal report, the appraisal unit may hold a meeting between the parties to address the existing problems if it is needed.

What? 106. Appraisal results assessment of interest records, results assessment of the preliminary profile, list of bidders that meet the requirements of engineering, the result of the contractor selection.

1. General Principles:

a) Results assessment of the case of interest, results assessment of the draft bill, the result of a contractor selection must be determined before approval;

b) For the bid to apply the method of a phase a case file only conduct the decision resulting appraisal of the contractor selection;

c) For the bid to apply the method of a two-bag case the case file must specify a list of bidders that meet the requirements for engineering prior to approval;

d) For the bid to apply the two-stage method a case bag, do not proceed with the appraisal in phase one, the appraisal in phase two practices as for the bid to apply the method of a single-bag period;

For the bid to apply the two-stage method of filing, phase one only conducting a list of bidders that meet the requirements of engineering, the appraisal in phase two practices as for the bid to apply the method for a period of time. a case bag and corresponding to the carefully calibrated content compared to stage one;

e) Not to conduct a list of bidders before approval, the list of bids approved on the basis of the bid by the party bidder;

g) Before signing the appraisal report, the appraisal unit may hold a meeting between the parties to resolve the existing problems if it is needed.

2. Verify that the results assessment of the profile, the preliminary profile:

a) appraisal of the appraisal, including:

-The offer approx the results assessment of the case of interest, the draft bids of the invited party, which must specify the recommendation of the tender side to the proposals, the petition of the expert nest;

-Report results report assessment of the report, the preliminary profile of the expert nest;

-Records of records, documents: Interested Records, preliminary invitation records, bids, bids, records of interest, preliminary records of the contractors and other documents related.

b) The content of the appraisal includes:

-Check out the documents as the base of the invitation, the preliminary organization.

-Check out compliance with the time during the invitation process, the preliminary organization;

-Check for the evaluation of the case of interest, the preliminary profile; the compliance of the rule of law on the bidding and other legislation involved in the evaluation of the case of interest, the preliminary profile;

-Consider the different opinions (if any) between the tender with the expert nest; between individuals in the expert nest;

-Other relevant content.

c) The appraisal report includes the following contents:

-The main content content of the project and the bid, the legal basis for the invitation of interest, the preliminary organization;

-Summary of the invitation process, the preliminary organization and the offer of the invitation to the bid for the results assessment of the case, the preliminary profile;

-Comment and the opinion of the appraisal unit on the basis of legal basis, compliance with the rule of law on bidding and other legislation is relevant; in terms of competition, fair, transparent in the process of inviting interest, the preliminary organization; opinion uniformally or otherwise. does not agree on the results assessment of the case of interest, the preliminary profile;

-The proposal and petition of the appraisal unit on the results assessment of the case of interest, the preliminary profile; on the measure of treatment for the case of detection of the non-compliance of the law on bidding and other legislation involved in the invitation process. interest, the preliminary organization; on the solution of the solution to those who have not yet been able to conclude the results of the assessment of the case, the preliminary profile;

-Other opinions (if any).

3. The list of bidders that meet the requirements for engineering:

a) appraisal of the appraisal, including:

-The offer approx the list of bidders that meet the technical requirements of the tender party, which must specify the recommendation of the tender side to the proposals, the experts ' petition;

-Report results assessment of expert organizational techniques;

-Record of records, documents: Invitations, bids, bids, bids, record proposals on the techniques of contractors and other documents related.

b) The content of the appraisal includes:

-Check out the evaluation of the proposed record of engineering; compliance with the rule of law on bidding and other legislation is involved in the evaluation of the proposed record of engineering;

-Consider the different opinions (if any) between the tender with the expert nest; between individuals in the expert nest;

-Other relevant content.

c) The appraisal report includes the following contents:

-Summary of the organizational selection process (from the application of the tender to the tender until the appraisal, approval of the list of bidders meet the requirements for the specification) and the offer of the invitation to the bidder for the list of bidders that meet the requirements of engineering;

-Comment and the opinion of the appraisal unit on the basis of legal basis, compliance with the rule of law on bidding and other legislation is relevant; in terms of competition, fair, transparent in the process of selecting the bidet list response to the requirements of skill. The unified or ununified opinion of the results of the selection of bidders meets the requirements of the technical requirement; the proposal for the measure of treatment for the case of detection of the non-compliance of the law on bidding and other legislation is relevant. in the process of evaluating the proposed record of engineering; the proposal to address the solution to the unqualified case of a list of choice results. The contractor responded to the technical requirements;

-Other opinions (if any).

4. Judge the result of a contractor selection:

a) appraisal of the appraisal, including:

-The proposed program results in the selection of the contractor ' s bid, which must clarify the opinion of the invitation to the bid for the opinions, proposals, petitions of the expert nest;

-Report the bids for the bids, the proposed record of the expert nest;

-The contract for the contract.

-The record of records, documents: bids, bids, bids, bids, bids, bids from the contractors and other documents relevant; the case conducted the appraisal appraisal of the bidder. Only the receipt of the opening record of financial proposals and records of the financial proposals of contractors responding to technical requirements.

b) The content of the appraisal includes:

-Check out the document as the base of the organization's choice;

-Check out compliance with the time period during the selection of the contractor;

-Examine the evaluation of the bids for the bid to apply the method of a period of a case file, two stages a case bag and two stages of case file; compliance with the regulation of the law on bidding and other legislation is relevant in the process. the tender filing evaluation;

-Check out the evaluation of the financial proposal record for the bid to adopt a phase two-case phase; compliance with the regulation of the law on bidding and other legislation is involved in the evaluation of the proposed record of financing;

-Check out the compliance of law on the bidding and other legislation involved in the contract negotiation process; examination of the suitcases of contract injury results compared to the result of a contractor selection, the list of bidders, records, and records. to bid, request records and bids, the proposed record of the contractor is invited to the contract negotiation;

-Consider the different opinions (if any) between the tender with the expert nest; between individuals in the expert nest;

-Other relevant content.

c) The appraisal report includes the following contents:

-The generalization of the main content of the project and the bid, the legal basis for the organization selection of the contractor;

-A summary of the entire contractor selection process from the selection of the short list (if available) until the appraisal, approx the result of the contractor selection, accompanied by the records, the document reported in accordance with Article 2 and Section 3;

-Summary of the proposal, the recommendation of the party to bid on the result of the contractor selection;

-The review and opinion of the appraisal unit on the basis of legal basis, compliance with the rule of law on bidding and other legislation is relevant; in terms of competition, fair, transparent and economic efficiency in the process of selecting the contractor; the decision to dominate. the most or ununiformable outcome of the result of the bidet selection; the proposal of a treatment for the case of detection of the non-compliance of the law on bidding and other legislation is involved in the selection of the contractor; the solution proposal is recommended. It ' s decided that these cases have not yet been argued about the outcome of the contractor's choice.

-Other opinions (if any).

Chapter XI

TRAINING, RESTITUTION OF BIDDING, ORGANIZATION

PROFESSIONAL BIDDING AND CONDITIONS FOR

A MEMBER OF THE FAMILY

Item 1

TRAINING, RESTITUTION OF BIDDING, ORGANIZATION

PROFESSIONAL BIDDING AND CONDITIONS FOR

A MEMBER OF THE FAMILY

What? 107. Registration, appraisal, recognition and deletion of the training base name for bidding

1. The training facility meets regulatory conditions at the points a, b and c 1 Article 19 of the Registered Contracting Law register the training facility sent to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment established the Council for the appraisal of registration records of the training facility on bidding.

3. The Training Facility is assessed by the Board of Appraisal Response at Points a, b and c 1 Article 19 of the Bidding Law shall be recognized as a training facility for bidding and posted on the national bidding network.

4. The training facility on bidding will be removed from the national bidding network system when violating one of the following regulations:

a) Change the address of the transaction headquarters but within 60 days, since the date of changing the address of the transaction headquarters without notice by text to the Ministry of Planning and Investment;

b) Do not use a lecturer in bidding by name on the national bidding network system for teaching classes of training, fostering for bidding;

c) No training activity, fostering on the basis of the framework program for bidding training;

d) The certificate for individuals who did not join the bidding training class or individuals involved but did not meet the full regulatory conditions at Article 111 of this decree;

There are no records of training, restitution of the bidding that we organize by regulation;

e) Do not report any annual periodic or report on a request by the Ministry of Planning and Investment in the situation of its training, fostering.

What? 108. Training, fostering.

1. The training facility for bidding is only to hold training courses, fostering for bidding when fully responding to the following conditions:

a) There is a name on the national bidding network;

b) There is room, media, teaching equipment and learning response requirements;

c) There is a teaching document that is consistent with the Framework program pursuits to the Ministry of Planning and Investment, accompanied by the examination set of the training program on basic bidding;

d) There is a labour contract or a teaching contract with a lecturer in bidding.

2. The training courses on the tender bidding must be held in focus, each class not more than 150 practitioners. At the end of the course, the head of the training facility is responsible for granting training only to the bidding for individuals to reach the requirements.

3. End of each training course on a certificate of certification, the training facility charged with sending a training results report accompanied by a list of individuals granted training certificates for the Ministry of Planning and Investment for aggregation, posting on the national bidding network system. Oh,

4. For the courses that all students are in the deep, distant region, particularly difficult regions, the training facility is allowed to adjust the teaching material content to suit the specific requirements of the local bid but still have to secure the quality of the time. the course for the program.

What? 109. The conditions for the lecturer in bidding

1. Graduation from the university comes from the majors of law, engineering, economics.

2. There are a minimum of 5 years of continuous experience working directly related to the bidding operation or having a minimum total of 6 years of experience working as direct-related work directly to the bidding operation but not continuous.

3.

4. Complete the assistant lecturer in bidding by the Ministry of Planning and Investment.

What? 110. Registration, appraisal, recognition and removal of the lecturer in bidding

1. The individual meets the stipulated conditions at Article 109 of this Decree which sets up the faculty registration records of bids sent to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment established the Council for the appraisal of the lecturer ' s registration profile on the bidding.

3. Lecturer in bid is evaluated by the Board of Appeals for full response to the requirements specified at Article 109 of this decree shall be recognized as a lecturer in bidding and posted on the national bidding network.

4. Lecturer in the following responsibility bid:

a) Teaching in accordance with the framework program specified by the Ministry of Planning and Investment;

b) Updated knowledge, mechanisms, law policy in the event of new policy;

c) A yearly term of reporting or reporting at the request of the Ministry of Planning and the Investment of the Operational Situation teaching on its bidding.

5. Lecturer in bidding will be removed from the national bidding network system when violating one of the following regulations:

a) Not teaching in accordance with the framework program specified by the Ministry of Planning and Investment;

b) Not regularly updating knowledge, mechanisms, law policies in the event of a new policy;

c) No annual periodic report or report on the request of the Ministry of Planning and Investment of the Operational Situation teaching on its bidding.

What? 111. The certificate of training only for bidding and certification practices activities.

1. The individual is granted a training certificate in bidding when fully responding to the following conditions:

a) attend at least 90% of the duration of the course. The student case does not guarantee the duration of the course of the course but there is a valid reason, the training facility that allows students to preserve the time of school and study at the other course of the same training facility for a maximum period of 3 months, since the first day. the first course of the course of the course;

b) Do the test and have the final test results evaluated from the return request;

c) There is full of civil conduct, not being pursued for criminal responsibility.

2. The individual is granted a certificate of practice of bidding operations when fully responding to the following conditions:

a) There is a training certificate for bidding;

b) graduated from college;

c) There is full of civil conduct, who are not in search of criminal responsibility;

d) There are a minimum of 4 years of continuous experience working directly related work to the bidding operation or having a minimum duration of 5 years as direct related work directly to the bidding operation but not continuously or directly involved in the operation. , the profile of the invitation, the file invitation, the tender invitation file, the requested file, the request file; the profile assessment, the draft records, the bids, the proposed profile; the report of the proposal evaluation; the results of the results assessment of the case assessment, the results of the preliminary profile assessment, the result of selection. bid for a minimum of 5 large scale packages or 10 small scale packages;

The death exam was held by the Ministry of Planning and Investment.

3. Certificate of occupational activity issued by the Ministry of Planning and Investment, which has been in effect for 5 years, since the date of the grant. Individuals have been granted a practice of operating the bidding violation of the law of bidding, according to the nature, the extent of which the breach will be revoked.

What? 112. Responsibility of the Ministry of Planning and Investment in the management of training operations on bidding.

1. Build and manage the database of bidding instructors, training facilities, individuals being granted a training certificate, certificate of action activities.

2. Build and enact framework programs and training materials on bidding to apply unity across the country.

3. Guide to the details of registration, appraisal and recognition of the training facility, faculty of bidding.

4. Organisations of the ganglion examinations for the certification of the practice of bidding activity.

5. The training and certification organization only gives the faculty the bidding.

6. The certificate of certification certificate for training, training certificate, certificate of practice.

7. The Board decided to recognize the training base for bidding on the training facilities that meet the regulation requirement at points a, b and c 1 Article 19 of the Bidding Law.

8. The Board decides to recognize the lecturer in bidding for individuals who meet the regulation requirement at Article 109 of this decree.

9. The Board decides to remove the name of the training facility, the lecturer on the bidding violation stipulated at paragraph 4 Article 107 and paragraph 5 Article 110 of this decree.

10. Check out the implementation, comply with the legal regulations on bidding on the basis of training and faculty.

11. General of the training of training, fostering of training facilities, faculty through the ministry ' s bidding work report, industry and local, the report of the training facility, the lecturer in bidding.

Item 2

PROFESSIONAL BIDDING ORGANIZATION

What? 113. Professional bidding organization's condition.

1. Have established registration, activities provided by the competent authority, including the permitted occupation industry, business as a bid agent or bid advisory or have the function of carrying out a task in charge of bidding.

2. There is a response management apparatus that is required for expertise and a career to perform the function, the task of the bidding agent, the tender counsel, the responsibility of the bidding.

3. HR is a professional, honest, objective, fair, fair in the process of doing the job.

4. Have the process of managing and controlling the quality of the work execution.

What? 114. Review, recognize and post information about the professional bidding organization.

1. The organization meets the stipulated conditions at Article 113 of this Decree, which sets up the proposed record as the professional bidding organization sent to the Ministry of Planning and Investment.

2. The Ministry of Planning and Investment established the Council for the appraisal of the proposed filing as a professional bidding organization.

3. The organization is evaluated by the Council of the appraisal of the full requirements at Article 113 of this decree which will be recognized as a professional bidding organization and is posted on the national bidding network.

What? 115. Professional bidding organization.

1. The professional bidding organization is only allowed to operate only when it has been named on the national bidding network.

2. The professional bid organization is contracted to contract as a bidding agent or bid advisory for the investment owners, on the invitation of the bid.

Section 3

THE EXPERTS.

What? 116. The expert.

1. Individuals who participate in the specialist nest must have a certificate of bidding activity, except for the specified individual at Clause 3 and Section 4 This.

2. Depending on the complexity and complexity of the bid, the organizational composition consists of experts in the field of engineering, finance, commerce, administrative, legal and related fields.

3. The individual is not part of the regulation at paragraph 2 Article 16 of the Bidding Law, when participating in the expert nest must meet the following conditions:

a) There is a training certificate for bidding;

b) There is a professional level associated with the bid;

c) Am understands the corresponding specific content of the bid;

d) There are a minimum of 03 years of work in the field related to economic content, the engineering of the bid.

4. In the special case it is necessary for expert experts to not compel these experts to have a training certificate of bidding.

Chapter XII

HANDLE THE SITUATION AND RESOLVE THE PETITION IN BIDDING

Item 1

HANDLING THE SITUATION IN BIDDING

What? 117. Handling the situation in bidding

1. The case with a reason to adjust the bid price or the bid content, must adjust the contractor selection plan in accordance with the laws of the law prior to the time of the bid, minus the specified case at Clause 2 and Section 8 This.

2. The approved case of a higher-or-lower bid for a bid for the selected bidder is expected to replace the bid price in the contractor selection plan in the following principle:

a) The expected case is to be higher than the bid price in the contractor selection plan but to ensure that higher value does not exceed the total investment of the project, the approved procurement bill does not have to adjust the contractor selection plan. Where a higher value case does exceed the total investment of the project, the approved procurement plan must adjust the contractor selection plan; if the contractor selection in the plan to choose the selected contractor is no longer suitable, then adjust the price. the form of a contractor selection;

b) The draft bill is lower than the bid price in the contractor selection plan without changing the form of the contractor selection in the approved contractor selection plan then not to adjust the contractor selection plan; the case needs treatment. The format of the contractor selection accordingly with the new value of the bid under the approved bill must proceed to adjust the contractor selection plan.

3. The case after the selection of the short list, only less than 03 bidders meet the requirements for the specific condition of the treatment package in one of the following two ways:

a) proceed with the selection of the addition of the contractor to the shortlist;

b) Allow the release of the tender to the bid for the contractor on the short list.

4. The case at the time of the tender for the tender application application form, limited bidding, competitive bid, with fewer than 03 bidders filing bids, the proposed record must review, resolve in the period of no more than 04:00, since then. the moment of bidding by one of the following two ways:

a) Permission to renew the time of the bid to increase the number of bidders filing a bid, the proposed record. In this case must specify the time of the new tender and the corresponding deadline for the contractor to have enough of the revised time or to add the bids, the proposed filing filed under the new request;

b) Open the bid immediately to conduct an assessment.

5. The case of the bid is divided into many parts that follow the following regulations:

a) In the bid for the bid, the filing requires stating the bidding conditions, measures and values that guarantee the bid for each or more sections and methods of assessment for each part or parts for contractors to calculate bids in accordance with the possibility of a bid. Your own power.

b) The evaluation of the bids, the proposed record and the bid for the bid will be made on the basis of a total guarantee of the bid of the bid as the lowest (for the bid to apply the lowest price method); the price assessment price of the bid is low. (for the bid to apply the assessment price method); the highest total aggregate score (for the tender to apply the combination method between the technique and price) and the price of the bid of both the bid not to exceed the approved bid package without comparison to the estimate. the cost of each part;

c) The case with a partial or more part of the bid without a bidder for the bid or no bidder meets the request stated in the tender invitation filing, the requested filing, the owner of the authorship report, to adjust the contractor selection plan. of the bidding package by separating those components into a separate bid with a bid price as the total cost of the respective estimates of the sections; the selection of the contractor on the part of the participating bidders and evaluated to meet the requirement for technical requirements still warrants. the rules of evaluation by regulation at this point b;

d) The event of 1 1 contractor was awarded to all parts of the bid for 1 contract. In the case of various bidders, the bids have multiple contracts.

6. Case of the bids, the proposed record has a different low-price, which affects the quality of the bid, the bidder requires the contractor to explain, clarify by writing about the feasibility of the unusual price. If the contractor ' s interpretation is not clear enough, no persuadism does not accept that bid, then consider this to be misaligned and perform a prescribed miscalibration as for the welcome content of the bids, the proposed record. compared to the request of the tender tender, the filing required by the stipulation at Article 17 of this decree.

7. The first-ranked bid case has a post-fixing bid, miscalibrated correction, minus the rebate value (if any) exceeds the bid price and at least 01 bidders in the list of bids are expected to post an error, calibrate the wrong deviation, minus value rebate (if any) lower the price of a bid is allowed to invite the contractor to rank first in terms of the price negotiations but must make sure that the following price is not to exceed the approved bid. The negotiation case was not successful, being invited to the next ranking to negotiate.

8. The following bids for the following bids, miscalibration correction, minus the rebate value (if any) of all bidders that meet the specification and are in the ranking list all exceed the approved bid, consider handling in one of the following ways. Here:

a) Allow these bidders to welcome bids if the bid price has included full of elements that constitute the cost of execution of the bid;

b) Allow simultaneously with the bidders to welcome bids, the invitation to report the investment holder to review the bid price, the filing of the approved bids, if necessary.

The case allows contractors to welcome bids, which requires a clear time of preparation and filing a bid to welcome bids but not more than 10 days, since the date of the invitation to submit a bid to welcome the bid as well as the clear regulation of opening bids. The filing of bids is due to the bidding process stipulated at Article 29 of this decree. The case needs to adjust the bid price in the approved contractor selection plan the person with the authority to approve the pre-date adjustment of the bid to welcome the bids but a maximum of 10 days, since the date received a parallel adjustment offer. having to make sure that before the expiration date, the bids will be offered;

c) Permission to invite the contractor to rank first on the price negotiation but must ensure that the following price is not to exceed the bid after the error correction, the miscalibration correction, minus the discounted value (if any) lowest. The case needs to adjust the bid price in the approved contractor selection plan the person with the authority is liable to approve adjustments for a maximum period of 10 days, since the date received the recommended adjustment. When the negotiation was not successful, he invited the next ranking contractor to the negotiations. This method applies only to the case of the tender application that applies a broad form of bidding and the owner of the investment must be responsible for the competitive, fair, transparent, and economic efficiency of the project, the bid.

9. The recommended price of a low-down bid under 50% of the approved bid price is allowed to establish a interdisciplinary appraisal organization to ask the contractor to clarify factors that constitute the cost of the bid, consider the following related evidence in the following direction:

a) The economic factors involved in the method of competition, the production process, or the provision of services;

b) The economic solution applied or the special advantages of the contractor leads to the advantage in terms of price;

c) The origin of the goods, services, personnel provided to the bid, which must ensure compliance with the rules of the law;

A satisfactory case is provided by the conditions at the points a, b, and c This paragraph bids, the proposed record of the contractor is still accepted by the bid. In case of a risk proposition, the investment holder may specify a value guarantee of a contract greater than 10% but no more than 30% of the bid price and must be approved by the authority in writing. The contractor receives the grant of any organization, which individual leads to the unequal competition the bids, the contractor's proposed record will be eliminated.

10. The case in the filing of the bid stipulate the contractor was proposed to another public exam with the public execution measure in the filing of the tender, the other error between the workload in accordance with the public exam measure in the tender tender and the workload. under the proposed contractor, the proposed contractor would not be miscalibrated by regulation at Article 17 of this decree. The other error was not miscalculated.

11. The case of the contractor makes the contract breach of the contract, which is no longer competent to continue making the contract, which severely affects the progress, quality, effectiveness of the bid, the owner of the review, reports the competent authorities to the government. The end of the contract with that contractor, the portion of the amount of work that has not yet been applied to the form of a bid designation or other form of contractor selection on the basis of quality assurance, the progress of the bid. The amount of work volume that has not performed the transaction for the new contractor is calculated by the value written in the contract minus the value of the previously done workload. In case of applying a bid form, a person with authority must ensure that the contractor is designated as competent, the experience response requires the rest of the bid. The case of a low-degree slow contract implementation of the contractor is not allowed to terminate the contract to replace the other contractor. The case must end the contract with the violation contractor to replace the new contractor, within the five working days, since the date of the board decision to terminate the contract with the violation contractor, the investment holder must send a notification to the Ministry of Planning and Investment for consideration, registration. The violation of the contractor information on the national bidding network and the bidding press; in the announcement that the reason for the breach contractor must end the contract, the form of the alternative contractor option, the name of the contractor specified in the case of pressure A form of bidding.

12. The contractor case is in the process of entering the bid but being merged or split is considered, deciding whether to allow the contractor to be merged or that split continues to join the bidding.

13 Cases at the time of the signing of the contract, the contractor on the bid did not meet the conditions of technical competability, the financing stipulated at Section 2 Article 64 of the Bidding Law, which invited the contractor to rank next to the contract negotiation. In this case, the contractor is invited to the contract negotiation that must restore the validity of the bids and ensure the bid in the case of the bids expires and secure the bid of the contractor that has been reimbursable or released.

14. The case after the evaluation, which has many of the best-rated bidders, is processing as follows:

a) The bid for the contractor has a higher technical point for the case of the bid to apply the lowest price method;

b) The bid for the contractor has a lower bid offer price for the bid that applies the assessment price method or the combination method between the technique and price.

15. In addition to the set of Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13, 13 Yeah.

Item 2

RESOLVE THE PETITION IN BIDDING

What? 118. Conditions for review, petition resolution.

1. The petition is by the contractor to attend the bid.

2. The petition must have the signature of the contractor of the bid or the legitimate representative of the contractor, which is stamped (if any).

3. The person responsible for the resolution of the petition received the petition under the regulation at Article 92 of the Bidding Law.

4. That petition has not yet been sued by the contractor.

5. The cost of settlement resolution under the regulation at paragraph 8 Article 9 of this decree is presented by the contractor to submit to the Permanent Section for the Advisory Council to the case of the petition for the result of a selection of bids by the competent authorities. Yeah.

What? 119. Counselor.

1. Chairman of the Advisory Council:

a) Chairman of the Central Advisory Council is the competent representative of the Ministry of Planning and Investment. The Central Advisory Council has the responsibility of advising on the resolution of the petition in the case of the Prime Minister required;

b) Chairman of the ministerial advisory council, peer-to-peer agency, government agency, other authority in the Central Committee (later known as the Council of Ministerial Advisory Council) is the competent representative of the unit tasked with managing the bidding operation of these agencies. The Ministerial Consultado Council is responsible for the consultation on the resolution of the petition to all the bids of the project issued by the Minister; the head of the body by the government, the government agency, the other agency in the Central decided to invest or manage the industry, unless otherwise. the tender package stipulated at this point a paragraph;

c) Chairman of the Provincial Advisory Council is the competent representative of the Department of Planning and Investment. The Provincial Advisory Council is responsible for advising on the resolution of the petition to all bids of the project on the provincial capital, the Central City of Central, which includes the bid of the established registration business, which operates on the site, except for the project. The bids stipulate at this point a paragraph.

2. Member of the Advisory Council:

A member of the Consultational Council consists of the representative of the competent, representative of the relevant professional association. Depending on the properties of each of the bids and in the case of necessity, in addition to the above member, the Chair of the Advisory Council may invite more individuals to participate as members of the Advisory Council. Members of the Advisory Board are not being close relatives (parents, parents or parents, spouses, children, children, children, children, daughter-in-law, daughter-in-law), of the petition, of the petit's siblings, of individuals directly involved in the evaluation of the bids, the proposed pool. of the individuals directly appraisal the result of the contractor selection and of the scribe who approx the result of the contractor selection.

3. Advisory Council Operations:

a) The Chairman of the Advisory Council decided to establish the Council for a period of 5 working days, since the day received the petition of the contractor. The Advisory Council operates in every case;

b) The advisory council to work in the principle of collective, voting in a majority, has the report results in the work of persons having the authority to review, decide; each member is entitled to preserve the opinion and be held accountable to the law of his opinion.

4. The Permanent Division helps the Advisory Council:

a) The Permanent Division helps the task of being the unit assigned to the bidding operation but does not include individuals who participate directly in appraisal of the bid that the contractor has petit;

b) The Permanent Section helps the implementation of administrative tasks specified by the President of the Advisory Council; take on and manage the costs provided by the contractor.

What? 120. Solving petitions for contractor selection

1. The time of resolution of the decree stipulates at Clause 1 and Section 2 Article 92 of the Bidding Law is calculated from the date of the administrative department of the person responsible for addressing the petition receiving the petition.

2. The person with responsibility to resolve the petition for a written notice to the contractor on the non-consideration, resolution of the petition in case of the contractor ' s petition does not meet the conditions stated at Article 118 of this decree.

3. The contractor is entitled to withdraw the petition during the petition settlement process but must be written in writing.

4. In reply to the results of the resolution of the petition to the contractor must have a conclusion about the petition content; the case of the contractor ' s petition is concluded that the measure is correct, the way and time to rectify the consequences (if any), at the same time. The permanent department helps the responsibility of requiring organizations, the individual responsible for the union pay the bidder with the amount of money that the contractor has petit to submit to the Advisory Council. The case of the contractor ' s petition is concluded that it is not true that in the answer text must explain the reason.

Chapter XIII.

BREACH OF BREACH, INSPECTION, SURVEILLANCE

AND TRACK THE BIDDING ACTIVITY.

Item 1

BREACH OF THE BID

What? 121. The form of violation of the breach in bidding

1. The warning, fines are imposed on the organization, personally violating the law on bidding by the law of the sanctions on administrative violations in the field of planning and investment.

2. Ban the bid to participate in the bid applied to the organization, the individual violation of regulation at Article 89 of the Bidding Law and Section 8 Article 12 of this decree.

3. Retriever criminal responsibility for individuals who violate the law of bidding that constitute criminal charges in terms of criminal law.

4. For the cadres, the public has a violation of the law on the bid to be processed under the rule of law on the cadres, the public.

What? 122. The forbidden form of the contractor selection process

Depending on the extent of the breach that applies the form of prohibition to participate in the bid for the organization, the individual, in particular, is as follows:

1. Prohibition of participating in bidding activities from 03 years to 05 years for one of the acts of violation of Clause 1, 2, 3, 4 and 5 Article 89 of the Bidding Law;

2. Ban the participation of bidding activities from 01 years to 03 years for one of the violations of Clause 8 and 9 Articles 89 of the Bidding Law;

3. Prohibition of participating activities from 06 months to 01 years for one of the acts of violation of Articles 6 and 7 Article 89 of the Bidding Law;

4. Do not participate in bidding activities from 01 years to 05 years for violations of the use of the law specified in paragraph 8 Article 12 of this decree.

What? 123. Cancel, suspension, no recognition of the contractor's choice.

1. The bid is the measure of the competent person, the owner of the investment and the tender to handle the violations of the law on the bidding and other provisions of the organization ' s relevant legislation, the other individual participating in the bidding operation by issuing a decision. The plan is to be determined by paragraph 4 Article 73, paragraph 10 Articles 74, and Section 2 Article 75 of the Bidding Law.

2. Suspended the bid, not to recognize the result of a contractor selection, declare an insign to the decisions of the investment holder, the invitation to the bid, namely the following:

a) Suspended the bid, not recognizing the results of the contractor selection applied when there is evidence that the organization, the individual involved in the bid to conduct a violation of the law on bidding or other provisions of the relevant legislation that led to no such bid. ensuring the goal of the bidding work is competition, fair, transparent and economic efficiency or mishandled the result of the contractor selection;

b) The suspension of the suspension applied to rectify the breach occurred and was made to before the approval of the bid result. The measure does not recognize the result of the contractor selection taken from the date of approval of the result of the selection of the contractor until before the signing of the contract; in the case necessary may apply after the signing of the contract;

c) In the suspension text, it does not recognize the results of a contractor selection which must specify a reason, content, measure and time to rectify the breach of the bid;

d) The measure of declaration of ineffectate to the decisions of the investment holder, the party's bid by the authority to decide upon the discovery of the decisions of the investment holder, the invitation does not conform to the laws of the bidding and the relevant legislation.

What? 124. Reparation damages caused by a violation of the bid.

The organization, the individual who has a violation of the law for damages, is responsible for damages in accordance with the provisions of the damages and other provisions of the law.

Item 2

CHECK, MONITOR AND MONITOR BID.

What? 125. Check the bidding action.

1. The bid activity test is carried out under a periodic plan or a break-in when there is an entanging, petition, offer or request by the Prime Minister, the Chairman of the Provincial People ' s Committee, who has the authority of the inspection agency on the bidding work. I mean, according to the provisions of Article 2. The test method includes direct examination, request for reporting.

2. Minister; Head of the peer-agency, agency of the Government, other agency in the Central; Chairman of the Provincial People 's Committee; Director of the Department of Planning and Investment, Head of Department, Department, Industry of the Provincial People' s Committee; Chairman of the People ' s Committee. the district; the head of state enterprises directed the inspection of the bidding operation on the units of its management range and the projects due to its decision to invest in the purpose of management, operating and corrects operating the bid to secure the company. is the goal of accelerating progress, enhancing the effectiveness of the bidding work and in time to detect, prevent, process laws that violate the laws of the country. The bidding.

3. The Ministry of Planning and Investment Management, which organizes bidding operations on the scope of the country, ministries, peer agencies, government agencies, other agencies in the Central; Provincial People ' s Committee; Department of Planning and Investment, departments, departments, departments of the Committee. The provincial population, the District People's Committee; the state enterprises are chaired by state enterprises, and the organization checks the bidding operation when there is a requirement of the competent authority of the agency to examine the bidding work. The Department of Planning and Investment is responsible for the Committee of the Provincial People's Committee, the Central Committee of the Presiding Centre, to examine its local bid.

4. The bidding test includes periodic examination and a sudden examination.

a) The periodic examination contents include:

-Check out the enaconation of the manual text, direct the implementation of the bidding work, hierarchy in bidding;

-Check out the training for the bidding.

-Check out the training certificate for bidding, certificate of operation of bidding activities;

-Check out the construction and approval of the contractor selection plan, interest records, preliminary invitation records, bids, request records, contractor selection results;

-Examination of the contracting contract and the compliance of legal bases in the signing and implementation of the contract;

-Check out the sequence and advance execution of the bids under the browser selection plan;

-Check out the intelligence report on the bidding work;

-Check out the implementation of the inspection operation, monitoring, monitoring of bidding work.

b) The contents of the examination: The base is required to check out the case, check out the inspection, and the Chief of the Test team provides the appropriate test content.

5. After the end of the test, there must be a report, the test conclusion. The test agency is responsible for monitoring the remediation of existing (if any) stated in the examination conclusion. The case of an error is required to propose a treatment or transfer of the inspection body, investigation to be processed by regulation.

6. The audit conclusion contents include:

a) The situation performs the bidding work at the unit to be examined;

b)

c)

d)

Petition.

What? 126. Surveillance, surveillance activity.

1. The person with a personal jurisdiction or unit has the management function of the bid to participate in the monitoring, following the implementation of the investment holder, the tender party in the process of selecting the contractor to ensure compliance with the correct submission of the law of the auction. Bids.

2. The person with the authority to decide and direct the oversight, track the bidding activity on the project's bid, the procurement bill due to its decision when it is needed; the oversight focus, track to the investment owners, the invited bidder. Here, the petition, for the procurement package that applies the form of a bid, is highly valuable, the special, the high-cost, the technical requirement.

3. The Ministry of Planning and Investment, which organizes the monitoring, monitors the bidding operation on projects under the decision authority of the Prime Minister or at the request of the Prime Minister. For ministries, peer agencies, government agencies, other agencies in the Central Committee, the unit tasked with management of the bidding activity of these agencies is responsible for presiding over, the monitoring organization, which monitors the bidding activity on the case. Minister; Head of the peer-to-peer agency, agency of the Government, the other agency in the Central is the one with the authority. The Department of Planning and Investment, which organizes the monitoring, track the bidding activity on local projects that determine investment or management decisions.

4. The monitoring content, which monitors the bidding activity in compliance with the rule of law on bidding, including:

a) Preparing the selection of the contractor: Set up bids, requested records;

b) The organization selects the contractor: Release the tender invitation file, the requested record;

c) Evaluation of bids, proposed records: The quality of reporting evaluation of bids, proposed records; contract negotiation;

d) The decision and approval of the contractor selection results;

) Complete and Contracting Contracts: The process of completing the contract, the contract of contracting and adhering to the legal bases in the signing and implementation of the contract.

5. The monitoring method, which tracks bid activity:

a) For the procurement packages that need to be held monitored by the organization, the person with the authority to inform the document by writing to the investment owners, the bidding party;

b) The tender has a public responsibility for the name, the contact address of the individual or the monitoring unit, which monitors the contractors who have purchased or received a bid for the bid, the required record;

c) The bid is responsible for providing information concerning the process of selecting the contractor for the individual or the monitoring unit, tracking when receiving a written request;

d) When the conduct of the behavior, the content does not conform to the law of bidding, individual or unit carrying out the monitoring, monitoring of the bidding activity must be responsible for timely reporting to the competent person to have the necessary treatment measures. Appropriate, ensuring the effectiveness of a contractor selection process.

6. Personal responsibility or monitoring unit, tracking the bidding activity:

a) Central, objectively; not disturbing to the investment owner, party to the bid during the monitoring, tracking;

b) Request for the investment holder, the invitation to provide the filing, the relevant document serving the monitoring process, the monitoring;

c) Continue the reflection information of the contractor and the organizations, the individual involved in the process of selecting the contractor of the bid that is carrying out oversight, tracking;

d) Privacy Information;

Take other responsibilities under the laws of bidding and other legislation that are relevant.

Chapter XIV.

OTHER ISSUES

What? 127. Bid file template

1. Bidding records include: A contractor selection plan; an invite-interest profile; a preliminary invitation profile; a tender offer template; a required profile template; a report sample results in a bid profile review, proposed record; the report sample results in a home selection. Bids and other samples.

2. The Ministry of Planning and Investment is responsible for the issuing of bidding records.

What? 128. Manage contractor

1. The Responsibility of the contractor:

a) Must register on the national bidding network system in accordance with the Regulation 1 Article 5 of the Bidding Law;

b) regularly updating information about the competence, its experience on the national bidding network system; and more.

c) For foreign contractors, in addition to the regulatory responsibilities at Point a and Point B, the following responsibilities must be done:

-After being selected to make bids on Vietnam territory, foreign contractors must comply with the provisions of Vietnamese law on entry, appearance; import, export of goods; registration of temporary, temporary registration; accounting regime, tax and other provisions for the United States of Vietnam. The other regulation of Vietnamese law is related, except for another stipulated case in an international treaty that the Socialist Republic of Vietnam is a member or international agreement by which the body, the competent organization of the Socialist Republic of Vietnam. Signor;

-Within 15 days, since the date of the signing contract with the effective foreign contractor, the owner of the projects is responsible for sending a written report on the contractor information to the Ministry of Planning and Investment, the Department of Industry and Planning and Investment Planning and Investments. method where project deployment to aggregate and follow;

d) The foreign contractor selected under the provisions of the Bidding Act did not have to apply for a bid permit.

2. Manager for sub-contractor:

a) The main contractor is contracted to contract contractors in the list of subcontractors listed in the bids, the proposed record. The use of the subcontractor will not alter the obligations of the main contractor. The main contractor must be responsible for the volume, quality, progress and other responsibility for the work part done by the subcontractor;

b) The main contractor is not used as a subcontractor for work other than the work that prescribes the use of the subcontractor in the bids, the proposed record; the replacement, the addition of the contractor in addition to the list of subcontractors stated in the bids, The proposed record was only made when approved by the owner;

c) The main contractor is responsible for the selection, using the capacity and experienced contractors that meet the requirements of the work delivered. The case is an important subcontractor at the request of the tender tender, the evaluation of the capacity and experience of the subcontractor made in accordance with the regulation stated in the bid for the bid;

d) The main contractor is responsible for full payment, the right progress for the contractor to follow the right agreement between the main contractor with the subcontractor.

3. The Ministry of Planning and Investment is responsible for maintaining the contractor database system; the list of contractors that violate the bidding; aggregate, provide information about the contractor for relevant organizations and individuals in order to serve openly, transparent and transparent. information and healthy competition during the selection of contractors.

Chapter XV.

EXECUTION CLAUSE

What? 129. Execution Guide

1. For the bids that approved the bidding plan but as of July 1, 2014 has not yet released an invitation record, the preliminary invitation record, the invitation record, the request records, if not in accordance with the Digital Bidding Law. 43 /2013/QH13 You have to approve the bidding plan.

For an invitation profile, the preliminary invitation record, the tender invitation file, the requested record issued before 1 July 2014 is on the provisions of the Digital Bidding Law. 61 /2005/QH11, The amended law, which adds some of the provisions of the laws relating to basic building investment. 38 /2009/QH12, Number Protocol 85 /2009/NĐ-CP October 15, 2009, Protocol 68 /2012/NĐ-CP September 12, 2012 of the Government, Decision No. 50/QĐ-TTg of 9 November 2012 by the Prime Minister and the relevant information.

2. During the period from July 1, 2014 to the date of this decree taking effect, the implementation of the implementation of the selection of the contractor must base under the Number Bidding Act. 43 /2013/QH13 . During this time, this decree has not yet been enforced, as defined by the provisions of the Protocol. 85 /2009/ND-CP, Number Protocol 68 /2012/NĐ-CP and the guided text is relevant, but the guarantee is not contrary to the provisions of the Digital Bidding Act. 43 /2013/QH13.

3. For the procurement of state capital use to provide products, public services stipulated at the Point 1 clause of the Digital Bidding Law. 43 /2013/QH13, the selection of the contractor in order form, the planning of planning is done by regulation at the Digital Protocol. 130 /2013/ND-CP October 16, 2013; other forms of contractor selection are made as stipulated at the Digital Bidding Law. 43 /2013/QH13 And this decree.

4. Individuals who have been granted a certificate of professional compensation prior to the date of this decree effective enforcement are still engaged in accordance with the prescribed bidding activities at Article 16 of the Digital Bidding Law. 43 /2013/QH13 But it has to be self-updating the rules of regulation in the legal code of the current bidding.

5. The Ministry of Planning and Investment is responsible:

a) Process the application process and the instructions for the execution of the following contents:

-Register the contractor information on the national bidding network system by regulation at Point 1 Article 1 Article 5 and Point 2 Article 22 of the Digital Bidding Law. 43 /2013/QH13;

-The certificate of conduct activities for individuals in the area must be prescribed by regulation at paragraph 2 Article 16 and Point 1 paragraph 1 Article 19 of the Digital Contender Law. 43 /2013/QH13;

-Operations of professional bidding organizations by regulation at Article 32 of the Digital Bidding Law. 43 /2013/QH13;

b) The Guide to the implementation of other necessary content of this decree to meet the state management requirement of bidding activity.

6. Ministry of Finance:

a) The guide performs details of the use of state capital to procurement in order to maintain the permanent functioning of the state agency, the unit of the armed forces of the people, the public career unit, political organization, political organization-social organization, organization, and organization. social politics-profession, social organization, social organization-profession;

b) The portfolio of goods, services applicable to centralized shopping;

c) The Chair, in collaboration with the Ministry of Planning and Investment Conducting Procurement Practices;

d) Guide to the costs associated with the selection process of the contractor.

7. Ministry of Health presided over the manual implementation of the drug tender serving the disease prevention, examination and healing from the state budget source, health insurance funds, and other legal sources in the medical facilities.

8. Ministry Of Commerce:

a) Guide to the export procedure, importing the goods of the contractors.

b) The portfolio of goods in the country of production, the portfolio of goods that is allowed to import, to sell in Vietnam.

9. The Ministry of Labor-Trade and Social presided over, in coordination with the Ministry of Finance and related sector management agencies to enact regulations on the salaries of the types of consulting professionals in the country, as the basis for determining the value of the contract to apply the type. The contract stipulated at paragraph 4 Article 62 of the Number of Bidding laws. 43 /2013/QH13.

10. The Ministry of Construction issued a manual for the public level in consulting activities: construction as the basis for determining the price of the advisory contract applies the type of contract by statute time at paragraph 4 Article 62 of the Digital Bidding Law. 43 /2013/QH13.

11. The ministries, the industry within its management range must publish the portfolio of goods in the produced water and meet the technical, quality requirements.

12. The ministries, peer agencies, government agencies, other agencies in the Central Committee, the Provincial People ' s Committee within its management scope detailed some of the content of this Decree (if necessary) but warranties not contrary to the provisions of the government. Number Bidding Law 43 /2013/QH13 And this decree.

13. Minister; Head of the peer-agency, agency of the Government, other agency in the Central Committee; Chairman of the People ' s Committee on the leadership of the leadership directly in charge, is responsible for the bidding work and the assignment of a subordinate unit. the responsibility of managing the bidding operations within the management range of the industry or its locality. In the course of this decree, if there are births, the entanglement needs to report the Prime Minister to consider, decide. Periodically, the ministries, peer agencies, government agencies, other agencies in the Central Committee, the Provincial People's Committee, the Prime Minister, decided to establish a proposal to report a proposal to the Ministry of Planning. and invested in the Prime Minister's report.

What? 130. Performance Performance

This decree has been in effect since 15 August 2014.

Since this date of decree is effective, the decree number. 85 /2009/NĐ-CP October 15, 2009 by the Government Guide to the Bidding Act and the selection of the construction contractor under the Building Law, Protocol No. 68 /2012/NĐ-CP September 12, 2012 of the Government amended, adding some of the provisions of the Digital Protocol. 85 /2009/NĐ-CP October 15, 2009 by the Government and Decision No. 50/QĐ-TTg on 9 November 2012 by the Prime Minister on the application of a bid designation for special case packages under the Prime Minister review, the decision expires. The effect of execution.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung