Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law the bidding No. 61/2005/QH11 on November 29, 2005, law No. 16/2003/QH11 on November 26, 2003 of the National Assembly;

Pursuant to the law amending and supplementing some articles of the law concerning the basic construction investment of 38/2009/QH12 on June 19, 2009 by the National Assembly;

Considering the recommendation of the Minister of planning and investment, Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree Law enforcement instructions in the bidding No. 61/2005/QH11 on November 29, 2005 by the National Assembly, the law amending and supplementing a number of articles of the law concerning the basic construction investment of 38/2009/QH12 on June 19, 2009 by the National Assembly (hereinafter referred to as the revised Law) and guiding the implementation of the selection of building contractor construction law No. 16/2003/QH11 on November 26, 2003 of the National Assembly.

2. The selection of contractors for bids in projects using ODA made under the provisions of paragraph 3 of article 3 of the law of tenders. Procedure of submission, appraisal and approval of the content in the process of selecting contractors to follow the provisions of this Decree.

Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Use the State capital as defined in article 1 paragraph 1 of law tenders include the spending under the form of sale, hire, hire-purchase. The determination of participating State stake from 30% or more of total investment or the total investment of the project was approved, is calculated according to each particular project, not determined by the State capital contributions in the total capital of business registration.

2. the required profile is the entire document using the specified form for the bid, offer competitive, stores directly, choose the contractor in special cases include the requirements for a package to do the legal bases for the contractor to prepare proposals and resumes to party invitations for bid evaluation of proposals in order to select contractors to meet the requirements of the profile requirements; is the base for the negotiations, the completion and signing of the contract. The owner is responsible for deciding the content of the records requested.

3. the proposed profile is the whole document issued by the contractor to prepare and submit at the request of the requested record; as for the form of competing offers, the proposed profile, also called a quote.

4. contractor selection result is bidding results when applying bidding form extensively, limited tender or selection results when applied to other forms of choice.

5. Violation of law on bidding behavior is not made or does not complete the provisions of the law of tenders.

6. Join the bidding contractors engaged in extensive or limited tender.

7. Package build general contractor selection include the selection of the general contractor to perform package design (E); construction (C); design and construction (EC); design, supply of equipment, materials, and construction (EPC); projects, design, supply of equipment, materials and construction (turnkey).

8. effect of time tenders, records suggest is the number of days calculated from the date of bid closing, expiration date of submission of proposals (from the bid closing time, the expiration time of the submission of the proposal to the 24 hours of the day), up to 24 hours of the last days to take effect is specified in the tender profile requirements.

9. Time to time in force of the tender guarantee by the time validity of tenders plus 30 days, is the number of days calculated from the day of bid closing (calculated from the moment the bid closing to 24 hours of the day), up to 24 hours of the last days to take effect is specified in the tender.

10. short list is a list of the contractors are invited to bid for tenders limited, a list of applicants hit contractors contractor list contains records of interest are reviews to meet the requirements of the documents concerned.

11. investment reporting, project construction in building activity be understood respectively as feasibility research report, feasibility study report.

Article 3. Ensure competition in bidding for content to ensure competition and applied route are as follows: 1. The contractor involved in the bidding and contractors making tender, tender evaluation; the contractor performed the contract and contractor supervision done the contract is considered independent of the Organization, not the same depends on an agency to manage and financially independent as defined in paragraph 2 of article 2 of the law on modifications meet the following conditions : a) contractors are business operating under the enterprise law belongs to the same agency or not, direct decision-making unit established;

b) no shares or share over 30% of each other.

2. The owner and the contractor bidding package involved in the same project are considered independent of each other on the Organization, not the same depends on a management agency and independent of each other on financial provisions in clause 2 of article 2 of the law of modified by following rules : a) for contractors operating under the enterprise law: no shares or equity on 50% of each other;

b) with respect to the contractor's business units: not the same in a direct unit, agency decision is established and self-reliance unit responsible for participating financial service providers, cargo;

c) for the contractor's State enterprises established under the provisions of the law on State enterprises in 2003 in an transition under the enterprise law: no shares or equity on 50% of each other from time to time to complete the conversion according to the decision of the authority.

For the contractor's State enterprises in particular, specialized areas in particular that the State should hold the dominant stake shall follow provisions of the Prime Minister.

Article 4. Incentives in the international bidding 1. The incentives in the international tender in accordance with article 14 of the law on bidding is done as follows: a) for consulting services package: aggregate score of bids of bidders subject to additional incentives 7.5% aggregate score of contractors; case package of consulting services required higher engineering technical point is 7.5% plus the technical points of the contractor;

b) for construction and installation package: evaluation of tenders of the contractor not subject to preferential plus a sum equal to 7.5% of the bid after the fixes and corrects distortions of the contractor;

c) for package goods: evaluation of tenders of the contractor not subject to preferential plus a sum of money corresponding to the value of import taxes, charges and fees relating to import must be filed in accordance with the law but does not exceed 15% of the price of the goods. Do not apply the preference for the type of goods imported tax-free, charges and fees relating to import under the provisions;

d) for package design general contractor selection, defining the base preference specified in point a of this paragraph. With respect to the requirement to select another build general contractor identifying incentives pursuant to the provisions of point b of this paragraph.

2. in case the profile of foreign contractors are ranked equally, the priority ranking higher for proposals tenders worth the cost in higher water. Case of tenders of local contractors and foreign contractors after made the incentives under paragraph 1 of this article are peer ratings, the higher the ranking priority for tendering of contractors in the country.

Article 5. Training, professional training of tender 1. Object a) individuals directly involved in procurement activities must have the certificate of training, professional training about tenders, except for the contractor;

b) other personal needs.

2. Conditions for the base organize training activities, fostering a) has a business registration certificate or decision established in respect of establishments without business registration certificate under the provisions of the law.

b) has a teaching staff of tenders meet the standards prescribed by the State Agency on procurement.

3. the conditions for certification of a tender) are granted to certificate students full participation in courses about the tender and order after checking, testing;

b) course on tender to certification must be held for 3 days or more.

4. The liability, obligations of the institution regarding a tender) is responsible for the quality of training; provides information on its training base for the database system as defined in point b of paragraph 2 of this Article;

b) make fostering training activities on the basis of the programme framework on training procurement and bidding for certificate students as prescribed;

c) archive records of the training course, fostered her tender organized under the rules;

d) periodically and annually report the Ministry of planning and investment; Ministries or localities concerned on the situation of training activities, fostering a tender to track, aggregate.

5. Organization and management of training activities, professional training about bidding for the Ministry of planning and investment has responsibility for the Organization and management of training activities, professional training of tenders as specified in paragraph 5 to article 68 of the law on tender, namely: a) the general situation of training activities upgrading of training establishments through bidding report of ministries and localities, the report of the training facility;

b) construction and management of the data base system of training about bidding information base by offering training facilities;

c) build and manage professional data system tenders;

d regulatory framework program) training tender, certificate, Faculty standards about bidding and the archive records of the training course, fostering a tender;

DD) Organization, to support the training activities, professional training in the bidding.

Article 6. Cost of tender 1. The selling price of a bid (including tax) because the owner decided to base the scale, the nature of the package but the maximum is 1,000,000 VND for bidding in the country; for international tender sale price according to international bidding practices.


2. The cost of appraisal results of selection of contractors including cases not selected was the contractor in 0.01% of package price but a minimum of 1,000,000 and a maximum of 50,000,000.

3. Costs for the resolution Advisory Council recommendations of contractors on contractor selection result is 0.01% of the bids of the bidders have recommendations but a minimum and a maximum of 2,000,000 50,000,000.

The management and use of the expenses mentioned in paragraph 1 and paragraph 2 of this Article is made according to the provisions of the current law.

Article 7. Tender notice and electronic information page about bidding 1. The contractor's business units have currency.

2. The tender Notice was released daily.

3. Provide information on bidding a) responsible for providing info-ministries, ministerial agencies, other agencies in the Central People's Committee and the level is responsible for providing the information referred to in points g and h of article 5 paragraph 1 point of bidding;

-Investor, on the bidder is responsible for providing the information outlined from point a to point e and point h paragraph 1 article 5 of the law on tenders.

b) the time limit for providing information for the notice inviting applicants, tender notices, notice inviting interested applicants, invitation, the time limit for providing information is the latest 3 working days before the scheduled posting of this information. For the rest of the information prescribed in clause 1 article 5 of the law on tenders, the time limit for providing information is slow as 7 days from the date of signing the text.

Providing information, schedules and cost of posting information about bidding on tender Notice and on electronic information page about the bidding is done according to the instructions of the Ministry of planning and investment.

Article 8. Rules of the time of tender 1. The timeline in the tender made under article 31 of the law on tenders, account 6 article 2 of the law amendment and the following specific rules: a) the investor is responsible for approval of request within a maximum of 10 days from the date of the application approval sheet requirements of parties bid evaluation report or the records required ( If there are).

b) investor is responsible for approval of the bid, approval or comments about handling contractor selection results within a maximum of 10 days from the date of the valuation report of the Agency, the Organization for the appraisal;

c) effect time of the tender must be specified in the tender song the maximum is 180 days from the tender closing date. Case should extend the period of validity of the tender may request bidders to extend one or more times but ensure the total time of all times request the contractor to extend the 30 days prescribed in paragraph 4 to article 31 of the law on tenders.

2. In the process of implementation, the content in the following bidding can be done at the same time selected contractors and establish bid; approval of the bid and tender notice; Announcing the tender result and negotiations, the completion of the contract.

Chapter II PLAN article 9. Procurement planning base 1. Investment decision or investment certificates and related documents.

For packages that need done before investment decisions shall be based upon the decision of the head unit is tasked with the preparation of the project.

2. International treaties or international agreements text with respect to the use of ODA projects.

3. Design, estimation to be browser (if available).

4. capital for the project.

5. other legal texts concerned (if any).

Article 10. The contents of each package within the bidding plan dividing the project into the package are made in accordance with paragraph 4 Article 6 of the tender Law, ensure the scale of package is not too small or too big limiting the involvement of the contractors. The contents of each package consists of: 1. The name of package Name of package expresses the nature, content and scope of the work package, in line with the content outlined in the project. Eligible cases and particular bases of the project, the package may include the content of work reporting feasibility studies, pre-feasibility and feasibility studies design engineering. The case of package consists of several separate parts (many lot), in the bidding need named expresses the basic content of each part.

2. Reviews requirement a) package Price is determined on the basis of the total cost or total investment estimated to be browser (if applicable) and related regulations;

b) with regard to the package of consulting services established the feasibility research report, feasibility study reports, the package price is determined on the basis of the following information: the average price according to the project made by the industry in the period of time identified; estimated total investment according to the norm of the investment performance of projects in each field of specialization; the total investment;

c) case packages include multiple batches, then specify the estimated value for each part in the package price.

3. capital for every package must clearly state the source of capital or the method of arranging for payment to the contractor; ODA use case, you specify the name of the sponsor of capital and structure capital (domestic, foreign).

4. the choice of form and method of bidding contractor forms contractor selection Stated (stating in the country, international, job, invited interested, personal counseling options, if applicable) pursuant to article 18 of the 24 Articles from the bidding, item 4 Article 2 of the law on the modification and 97 of the Act; the method of bidding under the provisions of article 26 of the law of tenders.

5. The time of choosing the contractor Stated time organizing the selection of contractors to ensure the package execution progress of the package. Contractor selection time is calculated from the date of issuing tender documents required to the date of the contract. Tender cases have widely applied the procedure of selecting the short list, contractor selection time is calculated from the date of release of selected documents, of interest to the date of the contract.

6. Form of the contract depending on the nature of the package, specify the form of the contract applicable to the contract for the bid package as specified from 49 to 53 of the Thing the bidding Law and article 107 of the law building. In the case of a requirement to have a lot of work corresponding to the various forms of contracts then the contract for package which can include various forms of contract.

7. Duration of contract the contract duration is calculated from the date the contract takes effect on the parties to fulfill the obligation as stipulated in the contract, to ensure the implementation of package consistent with the progress of the project.

Article 11. Browse the bidding plan 1. Responsible for the browser client is responsible for the planning, bidding up authority or person authorized to review investment decisions, approval; at the same time submit to the Agency, the Organization for the appraisal; the case of the bidding up the Prime Minister, the owner must submit to the Ministry of industry management to have comments in writing the prime consideration for approval.

For the package of consultancy services is done before any investment decision, the case identify the owner, the owner units are responsible for the planning, bidding up the head of the agency owner for review and approval. The case has not yet identified the owner then the unit is tasked with preparing the project is responsible for the planning, bidding up the head of her unit for review and approval. The head of the agency owner, who heads the unit was tasked with preparing the project to specify a units held the bidding plan evaluation before approval.

2. a browser profile) browser text plan include the following: content-part of the work was done including the content of the work related to the preparation of the project, the requirement to perform with the respective values and legal bases to make;

-Part of the work not applied to be one of the forms specified contractor selection from Articles 18 to article 24 of the law of tenders, article 2 paragraph 4 of the law on the modification and 97 of the Act;

-Part of the work in the bidding plan including job content and value of the respective work formed part of the package is done in one of the forms specified contractor selection from Articles 18 to article 24 of the law of tenders, article 2 paragraph 4 of the law on the modification and construction of law 97 , including the work as clear of bombs, mines, explosive material, constructing resettlement areas, prepare the ground construction, insurance, training and work; the basis of dividing the project into the package. For each package, be sure to have enough content to the provisions of article 10 of this Decree;

For packages not applying bidding form extensively, in writing the plan, investors must clearly state the reason for applying other options form on the basis of compliance with the provisions of the law of tenders, construction Law, the revised Laws and decrees. For packages containing the specified limit values in the bid or by other special requirements applicable form specified contractor as defined in article 2 paragraph 4 of the amended Law and paragraph 1 to article 40 of the Decree have to ensure the appointment of contractor is more effective than extensive bidding by quantifying the effectiveness of economic factors-social and the other factor.

-Part of the work not yet eligible plan tenders (if any): to raise the content and value of the remaining work is part of the project.

The total value of the part of work already done, the work does not apply to the contractor selection form, the work in bidding and the work not yet eligible plan tenders (if any) not exceeding the total investment of the project.

The case of the need for planning in the bidding for one or several packages to make ahead as stipulated in item 2 article 6 of the law on tenders, the text in the browser still has to include the content as specified in this paragraph.

b) documents attached text browser


When the bidding plan, the investor must submit a copy of the documents as a base to plan a tender in accordance with article 9 of this Decree.

Article 12. Evaluation and approval of plan 1. Evaluation plan a) evaluation plan is conducting tests, reviews the content according to the provisions of article 9, article 10 and article 11 of this Decree;

b) organs, the organization plans to tender evaluation report evaluation results on the basis of compliance with the provisions of article 65 of the law on bidding process approved by the authority.

2. Approval of the plan Who has the authority or person authorized investment decisions; the head of the agency owner or head unit is tasked to prepare the project in case of package is done prior to the decision to invest is responsible for approving the bidding plan within a period of not more than 10 days from the receipt of the report of the Agency appraisal organizations. The approved plan under the responsibility of the Prime Minister is made according to the regulations of work of the Government.

Chapter III Contractor SELECTED 13. apply selected 1. Pursuant to the nature, the scale of the package, can apply the selected contractor as defined in paragraph 7 of article 2 of the revised Law aims to select qualified contractors and request of the experience requirement to invite to participate in the bidding.

2. The selected Contractor must be approved by the competent person in the bidding plan.

Article 14. Job execution sequence 1. Establishment selected tender Parties selected the establishment owner approval. Selected documents include information about the package and the following requirements for the bidders: a) technical competency requirements;

b) financial capacity requirements;

c) asked about the experience.

Evaluation criteria applications selected to be built according to the criterion of "hit", "not met" and should be stated in the selected documents, including standards for each of the requirements on the technical capacity, financial capacity and experience.

For construction bid packages, package construction general contractor selection, except for the general contractor to design, project assessment criteria applicants must conform with the requirements of eligibility the capacity building activities under the provisions of the law on construction.

2. notice soliciting applicants notice inviting applicants (including English for international bidding) must be posted on the tender Notice 3 States in a row and on electronic information page about bidding. In addition to posting as defined above can be posted simultaneously on the mass media.

Selected documents are provided free of charge to the contractor since the first day of the posted notice inviting applicants to be extended to the time of the expiration of the filing job projections (close selected). Side case bidder does not release the selected documents as prescribed or perform any acts would limit contractors receive selected documents will be processed according to the provisions in Article 65 paragraph 1 m points of this Decree.

3. Receive and manage job applications time to prepare applicants for a minimum of 10 days for the tender in the water and 20 days for international bidding, the first since the release of selected documents.

Tender party reception attended by the selected profile the contractors filed and administered according to the regulations. Job applications are filed in accordance with the requirements stated in the selected documents will be open the public immediately after the closing time selected. Job applications are sent to after the close time selected is not valid and was eliminated.

4. Reviews applications selected for assessment by the selected tender parties follow the stated evaluation criteria in the selected documents.

5. Submission and approval of the results of selected tender Parties responsible process owner approval results selected 6. Selected results announcement after investors approved the results selected tender parties responsible, informed in writing about the results selected to attend selected contractors and invite all contractors hit selected to participate in the bidding.

Chapter IV the SPACIOUS TENDER and BIDDING PACKAGE of RESTRICTIONS on CONSULTING SERVICES section 1: BIDDING PROCESS for CONTRACTORS is article 15. Preparation of tender 1. The short list of options depending on the nature and the specific conditions of each package, when implemented broadly bidding, investors can now bid notification as defined in art. 4 this or apply the procedure of selecting the short list song must be approved by the competent person in the bidding plan. The procedure of selecting the short list was implement include: a) for extensive bidding:-investor approval to invite interested include the content requirements for the professional capacity and the number of experts; asked about the experience;

-Standard reviews of records of interest are built according to the criterion of "hit", "not met" and should be stated in the documents concerned, including standards of professional competence and the number of experts; standards of experience;

-Notice invite interested applicants (including English for international bidding) must be posted on the tender Notice 3 States in a row and on electronic information page about bidding. In addition to posting as defined above can be posted simultaneously on the mass media;

-Including the first day of the posted notice invited interested applicants, tender free release party records invited interested contractors wishing to attend to before the deadline runs out of concern;

Side case bidder does not release the documents concerned under the regulation or perform any acts would limit contractors invited submissions of interest will be dealt with according to the provisions in Article 65 paragraph 1 m points of this Decree;

-Time to the contractor prepared the record concerned a minimum of 10 days for the tender in the water and 20 days for international bidding, since the first day release records invite interested;

-Party bid evaluation concerns due to the contractor under the standard of review, selection and approval of the list owner.

b) for limited bidding: bidding Parties determine the short list consists of a minimum of 5 qualified contractors, experience (as defined in article 19 of the law of tenders) and wishing to participate in the bidding process approved by the owner.

2. Establish a bid) set up base bid:-investment decision or investment certificates and related documents;

-Approved plan;

-The provisions of the law of tenders and the provisions of relevant laws; international treaties or international agreements text (if any) for the use of ODA projects;

-The State's policies on taxes, salary, incentives in the international bidding or other related regulations.

The case of package need to make before you decide to invest, the owner, the unit was tasked with the preparation of project related documents base to form the tender process of the head of the agency owner or head unit is tasked to prepare the project for approval.

b) content bid: the bid must include the content as specified in paragraph 2 to article 32 of the law on tender and the tender form by the Ministry of planning and investment issued; which must include the important requirements (prerequisites) as a base to remove the tender, in particular the following:-the contractor are not named in the list of purchase or bid does not meet the provisions of item 2 article 17 of this Decree;

-The contractor are not guaranteed as valid under the provisions of article 7 of the law of tenders;

-Participating contractors construction package does not guarantee the condition of capacity building activities under the provisions of the law on construction;

-Do not have the original tender;

-Single tendering is not valid;

-Tenders the tender price is not fixed or bids in a variety of price levels;

-The validity of the tender does not guarantee requirements as specified in the tender;

-Contractors named in two or more tenders as the main contractor (independent contractors or associates);

-Contractor in violation of prohibited behavior in bidding under the provisions in article 12 of the law on tenders and paragraph 3, Article 21, paragraph 2 of the revised Law;

-The requirements for other important peculiarity of the package.

The contractors violated the only one of the prerequisites specified in the bid will be kind and tender not be considered next.

3. Approved bid investor approval of the bid as defined in paragraph 2 of Article 19, the revised Law on the basis of the Agency's evaluation report, evaluation organizations.

4. Bid a bid announcement): where does not apply the procedure of selecting the short list, the owner made posting tender notices (including English for international bidding) on tender Notice 3 States in a row and on electronic information page about bidding. In addition to posting as defined above can be posted simultaneously on the mass media.

b) inviting bids bid: the bid send mail to the short list of bidders as specified in paragraph 1 of this article. The tender invitation content created according to the template outlined in annex II attached to this Decree. The time from when sending mail to bid when bid released a minimum of 5 days for domestic bidding, 7 days for international bidding.

Article 16. The standard of evaluating tenders 1. For package of consulting services, including consulting services build upon the provisions of the law on construction, not of high technical requirements: a) the standard of review on the technical side: use scale (100, 1000, ...) to build standard reviews, including the following:-experience and competence of the contractor. The rate for this content regulation from 10%-20% of the total score;

-Solution and methodology for requirements of the package. The rate for this content regulation from 30%-40% of the total score;

-Personnel of the contractor to implement the package. The rate for this content regulation from 50%-60% of the total score.


Need to determine the minimum required points level technically not specified is lower than 70% of the total score. Tenders have technically not a score lower than the minimum requirement shall meet the technical requirements.

b) standard financial assessment: using the scale (100, 1000, ...) consistent with the technical scores. Financial points for each bid is determined as follows: financial Score = (of bids) lowest P x (100, 1000, ...)



 





P are considering in which:-P low: the lowest bid price after the fixes and corrects discrepancies in the number of contractors has passed the technical evaluation;

-P are: the tender price after fixes and corrects distortions of tenders are reviewed.

c) general assessment criteria:-standard reviews General built on the basis of the standard of review is technically and financially, in which gravity is technically not point specified is lower than 70% of the total score and the proportion of the financial point not higher than 30% of the regulations the total score;

-Aggregate score for a tender to be determined according to the following formula: point = Đkỹ%) + (K x art main Đtài x (G%)

Where: + K% key on the technical side (rule out);

+ G% financial key (specified in the aggregate scores);

+ Đkỹ: is the number of tender points are defined in the technical evaluation step as defined in point a of this paragraph;

+ Đtài: is the number of tender points are defined in financial evaluation step as defined in point b of this paragraph.

2. for package of consulting services, including consulting services build upon the provisions of the law on construction, high technical requirements: standard reviews technically built as defined in art. 1 of this article, in which a score of minimum requirements is technically not specified is lower than 80% of the total score on the technical side.

Article 17. Tender 1. Released a tender bid to sell) side bid to the bid closing time for the contractor to participate in the bidding are spacious (cases not to apply the procedure of selecting the short list), for the short list of bidders with sale price as defined in paragraph 1 article 6 of this Decree. For contractors only need an associate membership in associates purchase bid.

Side case bidder does not sell the prescribed bid or perform any acts would limit the purchase bidding contractors will be dealt with according to the provisions in Article 65 paragraph 1 m points of this Decree.

b) modification and clarification of the bid is made according to the provisions in clause 1 Article 33 and article 34 of the law on tenders.

2. Prepare tenders bidders to prepare and submit tenders according to the requirements of the bid. The case of the contractor should change the status (name) to join the bidding than when purchasing tender must notify in writing to the tender side. Parties bid for the consideration of the cases are as follows:-for tender, widely accepted the change status when receiving written notice of the contractor prior to bid closing;

-For limited bidding, through steps short list selection, the specific circumstances that the party considers bid and investor reports to decide whether to accept or not accept the changed status of the contractor before the tender closing time but to ensure competitive, fair transparency in bidding.

3. Receive and manage tender tender Side of receiving and managing the bids were filed under records management mode "Suite". Tenders to be submitted to the bid after the bid closing time is invalid and disqualified. Any material would be sent to the contractor after the tender closing time to additional amendments submitted tenders is not valid (except for clarifying the tenders according to the requirements of the tender side).

4. Modification or withdrawal of tenders When want to modify or withdraw the tender is submitted, the contractor must have written recommendations and approved only if the bid side getting the text suggested by the contractor prior to bid closing; the text suggested withdrawal of tenders must be sent separately to tenders.

5. open the suggest a technical profile) The opening bid must be conducted publicly immediately after the bid closing time according to the time and place specified in the bid in front of those present and does not depend on the presence or absence of the contractor are invited. Tender side can invite representatives of related agencies to attend the bid opening;

b conduct open bid) on the profile of each technical proposal bidders according to the alphabetical names of the contractor and in sequence:-check the sealing;

-Open profiles, read and write on the information thereon are mainly the following: + the name of the contractor;

+ The number of originals, copies of records;

+ The time effect of the record;

+ Text suggested the records (if any);

+ Other related information.

Opening bid thereon should be representative of the contractor, the tender side representatives, representatives of the agencies concerned to attend the signing.

After the opening of the tender, tender side to sign each page of the original proposed technical profile of each bid and managed by records management mode "Suite". The evaluation of technical proposals dossier is conducted according to a shooting. The contractor must take responsibility for the accuracy and the match between the original and the copy as well as on the seal of the tenders.

Article 18. Evaluating tenders evaluating tenders for package of consulting services, including consulting services build upon the provisions of the law on construction, standard base reviews and other requirements stated in the tender, the principle of reviews are specified in article 28 of the law on tender and the self-assessment was stipulated in article 35 of the tender Law, paragraph 9 of article 2 of the revised Law.

After the opening bid, the contractor is responsible for clarifying the bid when bid party requirements according to the provisions of article 36 of the law of tenders. Tender cases lacked documents such as business registration certificate, certificate of investment, decided to establish, in appropriate professional certificates and other documents required by the tender, the tender side requested additional documents to contractors proven valid status , the capacity and experience of the contractors with the condition do not alter the basic content of the tenders submitted, does not change the price bid.

1. Preliminary evaluation a) to check the validity of the proposed technical profile according to the requirements of the tender:-validity of the tender: the tender application must be filled out and signed by the legal representative of the contractor at the request of bid. For contractors, associates bid are due to the legal representative of each Member or associate member associate head on behalf of the associates to sign the tender application as specified in the text of the agreement Associates;

-The validity of the venture agreement: in the agreement must clearly delineate the affiliates responsibilities, powers, the volume of work to be done and the corresponding value of each Member of the partnership, including the head of the partnership and the responsibility of the head of the partnership, the signature of the Member seal (if any);

-There is one of the valid papers at the request of bid: business registration certificates, investment certificates, the decision established; Legal activity registration; professional certificate;

-The number of the original, a capture profile technical proposal;

-The annex attached documents, tenders.

b) remove tenders do not meet the requirements (prerequisites) outlined in the bid as defined in point b of paragraph 2 article 15 of this Decree.

2. Detailed review a) evaluate tenders for package of consulting services, including consulting services build upon the provisions of the law on construction, high technical requirements: non-technical review: reviews standard reviews technically specified in the bid. Investors approved the list of the contractors meet the technical requirements to perform financial assessment.

-Financial review: open public records the financial proposals of the bidders meet the technical requirements under the order specified in point b of paragraph 5 article 17 of this Decree. Report on the opening of the financial proposals profile includes information mainly on the following: + the name of the contractor;

+ The number of originals, copies of records;

+ The tender Price recorded in the single bid;

+ Technical specifications of the tender had reached the minimum requirement;

+ Other related information.

After the opening of the tender, tender side to sign each page of the original proposed financial profile of each bid and managed by records management mode "Suite". Financial evaluation be conducted according to the snapshot, the contractor must take responsibility for the accuracy and the match between the original and the copies as well as about the sealed records of the financial proposal. Financial evaluation based on the criteria outlined in the financial bid.

-Reviews: reviews General technically and financially the synthesis evaluation standard stipulated in the tender. The contractor has the highest aggregate score was the bid side investor approval number and be invited to negotiate a contract according to the provisions of article 19 of this Decree.

b) evaluate tenders for package of consulting services, including consulting services build upon the provisions of the law on construction, high technical requirements: evaluation of technical proposals according to the evaluation criteria stated in the tender specified in point a of paragraph 2 of this Article. Tender points is technically not a score lower than minimum requirements shall meet the requirements of the technical tender side and is rated to the client for approval. Contractor number will be invited to open the profile of the financial proposal and contract negotiations as stipulated in article 19 of this Decree.


Article 19. Contract negotiations 1. On the basis of the decision of owner, contractor bid invitation party ranks to contract negotiations.

2. Content of the contract negotiations a) mission and scope of work the details of the consultant needs to perform;

b) technology transfer and training;

c) plans and deployed personnel;

d) progress;

DD) solve the personnel changes (if any);

e) arranged working conditions;

g) costs of consultancy services;

h) other contents (if necessary).

Case contract negotiations fail, tender side of investor reports for consideration, decided to invite the next-ranked bidder to negotiate.

Article 20. Browsers, evaluation, approval and notification of results bidding 1. Browsers, evaluation results for consultant services package made according to the provisions of article 37 of the law of tenders, article 2 of Act 11 paragraph amended and article 71, article 72 of this Decree.

2. Approving the bidding results comply with the provisions of article 40 of the law of tenders, article 2 of Law 12 the clause modified. As for the requirement to perform before you decide to invest, the head of the agency owner or head unit is tasked with preparing project approval of the tender results.

3. tender result notice made under the provisions of article 41 of the law of tenders, Article 13, paragraph 2 of the revised Law, namely right after getting the decision approved the bidding results, on the bidder must submit written notice of bidding results to the participating contractor , particularly for contractors bidding have to submit plans to negotiate, finalize the contract.

Article 21. Negotiations, finalizing contracts and contracting 1. The negotiations, the completion of the contract and the contract made under the provisions of article 42 and chapter III of the law on tenders, the clause 14, paragraph 16, Article 17, paragraph 2 of the amended Law and section 2 of Chapter VI of the law building.

2. where the negotiations, the completion of the contract, the owner did not consider canceling the decision approving the bidding results earlier and decided to invite the next-ranked bidder to negotiate the contract under the provisions of article 19 of this Decree, in case that must require contractors to renew valid tenders if necessary. The next job step follow provisions of article 20 and article 21 of this Decree.

Section 2: CONTRACTOR SELECTION PROCESS PERSONAL ADVICE Article 22. Select the personal consultant, depending on the nature, content and scope of the consultation, the investor deems individual counselling can undertake the job independently without many experts or professional support from individuals or other organisations or the use of a personal consultation is beneficial, the owner who has the report the authority approved the bidding plan. The selection of individual consultants are done according to the following procedure: 1. the party bidder determine the terms of reference and the preparation of the draft contract for the position of consultant recruitment needs. Investors approved the terms of reference and determining the list of invited contractors to include a minimum of 3 personal advice consistent with the requirements outlined in the terms of reference; practical cases have at least more than 3 individual counselling then owner review decision. The party inviting tenders and the terms of reference to the personal consultant to filing of scientific history.

Content of the terms of reference include: a) brief description of the project and the work;

b) requirements for the scope, quality, volume and duration of the work;

c) capacity requirements, the level of advice;

d) conditions and places of work; the other necessary contents (if any).

2. bid invites Parties criminal history record review the science of individual counselling has been client determined according to the terms of reference.

3. On the basis of the draft contract, the terms of reference and other related information, tender side of conducting negotiations with individual consultants recommended choice.

4. Pursuant to the report of the bid side, the investor approval of the selection results and sign contracts with individual consultants are selected.

Chapter V BROADLY BIDDING and TENDER RESTRICTIONS for GOODS PACKAGE, ITEM 1: CONSTRUCTION of a BIDDING PERIOD of Article 23. Preparation of tender 1. Selected contractors to comply with the provisions of chapter III of this Decree.

2. Establish a bid) set up base bid:-investment decision or investment certificates and related documents;

-Approved plan;

-Documentation about the design attached to approved estimates (for construction bid packages);

-The provisions of the law of tenders and the provisions of relevant laws; International treaties or international agreements text (if any) for the use of ODA projects;

-The State's policies on taxes, salary, incentives to domestic contractors or other related regulations.

b) content of the tender:-tender must include the content as specified in paragraph 2 to article 32 of the law on tender and the tender form by the Ministry of planning and investment. For tenders made selected, in the tender does not need standard rules reviews about the experience and competency of contractors contractors require parallel to the information already declared in the project profile is selected and updated information about the capacity and experience of the contractors;

-The case of package needed to use foreign workers have the expertise consistent with the requirements of the tenders, the tender must require the contractor declared in the tender number, qualifications, expertise, experience of foreign professionals, officials mobilized to perform tenders; prohibits the use of foreign workers perform jobs that domestic workers have the ability to implement and meet the requirements of the package, especially the popular labor, labor not through skills training, career service;

-Bid contract not stated trademark requirements, specific origin of goods according to the provisions in clause 5 article 12 of the law on tenders. Special cases it is necessary to raise marks, catalogs of a producer, or goods from a certain country for reference, illustrations for the technical requirements of the goods must be indicated by the phrase "or equivalent" san marks, catalogs or origin raised and regulated equivalent concept means have the same technical characteristics , featuring the use of equivalent goods is stated. Just ask contractors to submit sales license in the copyright of the manufacturer in the case of goods is particularity, complexity; in case of need, for goods usually, tender may request authorization of sale of distributors;

-The tender must include these important requirements (prerequisites) to remove the tender, in particular the following: + the contractors were not in the list of purchase or bid does not meet the provisions of item 2 Article 28 of this Decree;

+ Contractor does not warrant as valid under the provisions of article 7, article 8 of the law of tenders;

+ Participating contractors bidding package does not meet the conditions of the capacity-building activities under the provisions of the law on construction;

+ There is no guarantee the bid or tender guarantee but are not valid: the lower-value, not true for money rule, a shorter validity period, not filed under the address and the time specified in the bid, is not properly package name, name of the contractor (the case against contractors Associates according to the provisions of article 32 of this Decree) , is not the original and does not have a valid signature (for letter of guarantee of banks, financial institutions);

+ No original tenders;

+ Single tendering is not valid;

+ The validity of tenders does not guarantee requirements as specified in the tender;

+ Tenders the tender price are not fixed, many bids the price or price with adverse conditions for the owner;

+ Contractor named in two or more tenders as the main contractor (independent contractors or associates);

+ Contractor in violation of prohibited behavior in bidding under the provisions in article 12 of the law on tenders and paragraph 3, Article 21, paragraph 2 of the revised Law;

+ Other important requirements are the peculiarity of the tender package.

The contractor violates one of the prerequisites specified in the bid will be kind and tender not be considered next.

3. Approval of the bid made in accordance with paragraph 3 article 15 of this Decree.

4. a tender notice tender) for extensive bidding, applicants must not have made posting announcements of bidder (including English for international bidding) on tender Notice 3 States in a row and on electronic information page about bidding. In addition to posting as defined above can be posted simultaneously on the mass media.

b) inviting bids for tenders and bidding restrictions were widely through the shortlist. The party inviting tenders for bids form referred to in annex II attached to this Decree to the short list of bidders. The time from when sending mail to bid when bid released a minimum of 5 days for domestic bidding, 7 days for international bidding.

Article 24. Common rules for standard technical assessment 1. Using the method of grading a) using a scale (100, 1,000, ...) to build standard reviews technically. Standard content reviews the technical bids for goods and construction and installation are stated in clause 2 and clause 2 article 25 Article 26 of this Decree. The minimum required points level technically be regulated depending on the nature of each bid but must guarantee not lower than 70% of the total score on the technical side; for packages containing highly technical requirements are not high more than 80%;

For package building general contractor selection (from selected general contractor package design) also must specify the minimum points required for each job secured content not lower than 70% of the maximum score, the level of the corresponding job content.

b) for package goods, construction, tenders meet the requirements technically when no points are lower than the minimum required points level technically.


For package building general contractor selection (except package design general contractor selection), tenders meet the requirements technically when the score is evaluated for each job content not lower than the minimum required level of corresponding work content and aggregate score of the content not lower than the minimum required points level technically of the whole package.

2. Use the criteria "hit", "not met" a) standard reviews standard content reviews the technical bids for goods and construction and installation are stated in clause 2 and clause 2 article 25 Article 26 of this Decree. Depending on the nature of the requirement that determine the level of requirements for each content. With regard to the content of the basic requirements of the bid, using only the criteria of "reach" or "not reached". With regard to the content of the request is not fundamental, in addition to the criteria "hit" or "not met", applies more criterion "acceptable" but does not exceed 30% of the total number of required content in standard reviews.

b) tenders are considered to meet the requirements of the technical side when all the contents basic requirements are assessed as "reach", the requested content is rated as "reach" or "acceptable".

Article 25. The standard of evaluating tenders for package goods standards reviews tenders for goods package includes standard evaluation of the competence and experience of the contractors, the standard reviews the technical and content determine price reviews particular, the following: 1. The standard of review on the competence and experience of contractors to apply for tenders do not conduct job, include: a) the experiences made the same package in Vietnam and abroad; operational experience in the field of production, the main business is related to the package;

b) production capacity and sales, technical facilities, professional staff levels are related to the requirement;

c) financial capacity: total assets, total liabilities, short term assets, liabilities, revenues, profits, the value of the contract is made and the other targets.

Determining the level of the specific requirements for each of the standard rules at point a, point b and c of this paragraph need according to the requirements of each package.

The criteria specified in this paragraph is to use the criteria "hit", "not met". The contractor "reach" all three content stated at the point a, point b and c of this paragraph shall be considered to meet the requirements of competence and experience.

2. criteria for the technical evaluation criteria evaluate technically built as stipulated in article 24 of this Decree and to include the contents about the ability to meet the requirements on quality, quantity of goods stated in the tender, in particular: a) characteristics , specifications of goods, production standards and other content;

b) reasonableness and effectiveness of the technical solutions, the organization measures provided, installation of the goods;

c) level to meet warranty requirements;

d) adaptability geographically;

DD) the impact on the environment and measures;

e) ability to provide financing (if requested);

g) other factors regarding commercial, financial conditions, duration, training and technology transfer (if any).

3. identify content reviews reviews Reviews reviews is the price to be determined on the same side by technical factors, financial, trade and other factors used to compare, rank the tenders. Method of determining the price reviews must be stated in standard reviews bids. Determining price reviews follow the following sequence:-determine the bid price (discount mail case there then follow provisions in paragraph 13 Article 70 of the Decree);

-Bug fixes;

-Correction of the distortions;

-Convert the tender price (after fixes and false correction) to a common currency (if applicable);

-Put the costs on a ground to determine price reviews, including: + technical conditions such as: progress made; capacity, the performance of machines and equipment; consumption of electric power, resources, course material; operating costs, maintenance, maintenance; longevity and other technical elements depending on the particular package;

+ Financial conditions, trade;

+ Incentives in international tenders (if any);

+ Other factors.

Depending on the nature of each package of that regulation these factors to determine price reviews as appropriate. The rank order of bids by price reviews, tenders are priced the lowest rating was ranked for.

Article 26. The standard of evaluating tenders for standard construction package reviews bids for construction and installation package includes the standard assessment of competence and experience of the contractors, the standard reviews the technical and content determine price reviews, specifically as follows : 1. The standard of review on the competence and experience of contractors to apply for tenders do not conduct job, include: a) the experiences made the same package in Vietnam, in the same scene and geography;

b) technical capacity: quantity, qualifications of officials and technicians directly implement package and the amount of equipment available, the ability to mobilize construction equipment to perform tenders;

c) financial capacity: total assets, total liabilities, short term assets, liabilities, revenues, profits, the value of the contract is made and the other targets.

Determining the level of the specific requirements for each of the standard rules at point a, point b and c of this paragraph is based on the requirements of each package.

The criteria specified in this paragraph are used according to the criteria of "hit", "not met". The contractor "reach" all three content referred to in point a, point b and c of this paragraph shall be considered to meet the requirements of competence and experience.

2. criteria for the technical evaluation criteria evaluate technically built as stipulated in article 24 of this Decree and to include the contents about the level of response for requests for profile design and enclosed, specific prognosis: a) the rationality and feasibility of the technical solution construction organization measures, consistent with suggestions on work progress;

Except in those cases due to the nature of the requirement that tender required the contractor to follow correct construction measures stated in the tender, in the bid should rule the proposed contractor construction measures other than construction measures outlined in the bid. In this case, the bid needs outlined criteria for suggestions on other construction measures of the contractor.

b) ensure environmental hygiene conditions and other conditions such as fire, fire, labour safety;

c) level to meet warranty requirements;

d) quality assurance measures;

DD) construction schedule;

e) other contents (if any).

Depending on the nature and the specific conditions of each bid packages that use grading method or method of reviews according to the criteria of "reach", "not met" for the technical standards on this. The case allows the contractor solicits alternative or complementary approach to seeking innovative proposals of contractor to bring higher efficiency for the package must be stated in the bid and to specify criteria, evaluation method of alternative proposals, including price bid.

Case of need speeding up reviews of tenders for the construction and installation package has a simple request is technically the bid may prescribe the evaluation was conducted in conjunction between the technical review and the price bid by the contractor with the progress made by the package contractors.

3. identify content reviews reviews Reviews reviews is the price to be determined on the same side by technical factors, financial, trade and other factors used to compare, rank the tenders. Method of determining the price reviews must be stated in standard reviews. Determining price reviews follow the following sequence:-determine the bid price (discount mail cases, made under the provisions of Article 13, paragraph 70 of this Decree);

-Bug fixes;

-Correction of the distortions;

-Convert the tender price (after fixes and false correction) to a common currency (if applicable);

-Put the costs on a ground to determine price reviews, including: + technical conditions such as: progress made; cost of management, operation, maintenance, maintenance, longevity and other technical elements depending on the particular package;

+ Financial conditions, trade;

+ Incentives in international tenders (if any);

+ Other factors.

Depending on the nature of each package of that regulation these factors to determine price reviews as appropriate. The rank order of bids by price reviews, tenders are priced the lowest rating was ranked for.

Article 27. The standard of evaluating tenders for general contractor selection package build (except package design general contractor selection) • standard reviews bids for tenders in construction general contractor selection (except general contractor selection package design) include criteria for each job content as defined in art. 1 article 16 , Article 24, article 25 and 26 of this Decree.

Article 28. Tender 1. Released a tender bid to sell) side bid to the bid closing time for the contractors in the selected list (in the case of applicants), the contractors are invited to bid limit or the contractors wishing to participate in the tender for the sale price with the bid according to the provisions in clause 1 article 6 Conference This theorem. For contractors only need an associate membership in associates purchase bid;

Side case bidder does not sell the prescribed bid or perform any acts would limit the purchase bidding contractors will be dealt with according to the provisions in Article 65 paragraph 1 m points of this Decree.

b) modification and clarification of bid made in accordance with paragraph 1 Article 33 and article 34 of the law on tenders.

2. Prepare, receive, manage, modify or withdraw tenders


Made under the provisions of clause 2, clause 3 and clause 4 Article 17 of this Decree.

The case of the contractor should change the status (name) to join the bidding than when purchasing tender must notify in writing to the tender side. Parties bid for the consideration of the cases are as follows:-for tender, widely accepted the change status when receiving written notice of the contractor prior to bid closing;

-For limited bidding or tender has been widely through job steps, the specific circumstances that the party considers bid and investor reports to decide whether to approve or not approve the change in the status of the contractor before the tender closing time but must ensure the competitiveness , fairness, transparency in bidding.

3. open tender a) opening bids was conducted publicly immediately after the bid closing time according to the time and place specified in the bid in front of those present and does not depend on the presence or absence of the contractor are invited. Tender side may invite representatives of the agencies concerned to attend the bid opening;

b) tender Side to conduct open tenders in turn by each contractor named in the list of purchase bid and submit tenders before the tender closing time according to the alphabetical order of the name of the contractor. The open bidding process are as follows:-check the sealed tenders;

-Open, read and write to the opening bid information thereon are mainly the following: + the name of the contractor;

+ The number of the original, the snapshot of the tenders;

+ The time validity of tenders;

+ The tender Price recorded in the single bids and discounts (if available);

+ The value and validity period of the tender guarantee;

+ Text suggested tenders (if any);

+ Other related information.

Opening bid thereon should be bid parties representatives, representatives, contractors, and representatives of related agencies attended the signing.

After the opening of the tender, tender side to sign each page of the original of each bid and managed by records management mode "Suite". Evaluating tenders are conducted according to a shooting. The contractor must take responsibility for the accuracy and the match between the original and the copy as well as on the seal of the tenders.

Article 29. Evaluating tenders evaluating tenders conducted as standard tenders and review other requirements stated in the tender, the principle of evaluation specified in article 28 of the law on tender and the self-assessment provisions of article 35 of the law of tenders clause 9, article 2 of the amended Law.

After the opening bid, the contractor is responsible for clarifying the bid when bid party requirements according to the provisions of article 36 of the law of tenders. Tender cases lacked documents such as business registration certificate, certificate of investment, decided to establish, in appropriate professional certificates and other documents required by the tender, the tender side requested additional documents to contractors proven valid status , the capacity and experience of the contractors with the condition do not alter the basic content of the tenders submitted, does not change the price bid.

1. Preliminary evaluation a) to check the validity of the tender:-validity of the tender: the tender application must be filled out and signed by the legal representative of the contractor at the request of bid. For contractors, associates bid are due to the legal representative of each Member or associate member associate head on behalf of the associates to sign the tender application as specified in the text of the agreement Associates;

-The validity of the venture agreement: in the agreement must clearly delineate the affiliates responsibilities, powers, the volume of work to be done and the corresponding value of each Member of the partnership, including the head of the partnership and the responsibility of the head of the partnership; the signature of the Member, the seal (if any);

-One of the types of papers at the request of bid: business registration certificate, certificate of investment; the decision established or active legal registration certificate; Sales license in the copyright of the manufacturer or authorized distributor's sales (if requested);

-The number of the original, the snapshot of the tenders;

-The duly of the tender guarantee;

-The annex attached documents, tenders.

b) remove the bid does not meet the prerequisites specified in the bid as defined in point b of paragraph 2 Article 23 of this Decree;

c) reviews the capacity and experience of contractors under the standard assessment of competence and experience outlined in the bid for tenders not selected. Depending on the condition of each package, the assessment of abilities, experience of contractors can be made in the steps preliminary assessment with respect to all the bidders have valid tenders, does not violate the precondition or the assessment of the capacity, the experience was made after determining the price reviews and must be specified in the tender. The contractor must be judged unsatisfactory on the capacity, the experience prescribed in the bid for new tenders are reviewed in the next step.

2. Detailed review tenders a) reviews the technical reviews standard reviews technically specified in the bid. In the evaluation process, on the bidder has the right to require the contractor to explain, clarify about the unknown content, often in the tenders. Only those bids are approved by the investor reaches new technical requirements be determined price reviews as defined in point b of paragraph 2 of this Article.

In the process of reviewing, approving the list of bidders reached the technical requirements, where necessary, the owner can request the tender side of the technical reassessment for the contractor's bids have reached approximately the number of points required minimum bid prices lower and the song has the ability to bring higher efficiency for the project.

b) determine price reviews identifying price reviews performed under the provisions of paragraph 3 and article 25 paragraph 3 to article 26 of this Decree.

3. Rank the bids by price reviews tenders are priced the lowest rating was ranked for. The case has not selected or is not conducted reviews of the capacity and experience of the contractors in the steps preliminary assessment then after investor approval of the ranking list the contractor by price reviews, party invite bids to conduct reviews of the capacity and experience of the contractors be ranked for. The case of the capacity and experience of contractors number does not meet the requirements, the contractor's tender was eliminated and further reviews the capacity and experience of the contractors was the next ranking.

In the case of complex package, if deemed necessary, the tender side of the investor report allows contractors have tenders ranked in preliminary negotiations on a contract to facilitate the negotiations, finalized the contract after the bidding results.

Article 30. Error correction and editing the wrong 1. Fixes bug fixes is the correct these errors in tenders include arithmetic errors and other errors are conducted according to the following principles: a the arithmetic Error) includes the error due to perform calculations addition, subtraction, multiplication, Division is not exactly:-the case of inconsistencies between the unit price and the money then get the price do the legal basis for fixing the error. The case of wrong number of that unit price, quantity and amount right, get the money to do the legal basis to determine the unit price;

-The absence of consistency between aggregated price and pricing details, pricing details make the legal basis for fixing the error.

Arithmetic errors are calculated according to the total absolute value, regardless of the price bids increased or decreased after the fixes.

b) other issues:-the column amount filled in without corresponding unit price unit price shall be determined by dividing the supplement amount for quantity;

-When the unit price column but the blank money then the amount will be determined by multiplying the number of supplements with unit price;

-If a certain content that has filled the unit cost and the money but vacant number, the number of vacant is determined by dividing the additional money for the price of that content. Case number determined above supplements other than the number stated in the bid then this is wrong about the scope of supply and are calibrated according to the provisions in paragraph 2 of this Article;

-Error in the wrong units: using "," (comma) instead of "." (dot) and back then was adapted by way of Vietnam;

-Where there are differences between the content in the proposed technical and financial proposals in the content, the content belongs in the technical proposal will be the legal basis for the fix;

-Where there are differences between numbers and letters, letters make the legal basis for fixing the error. If false, the script retrieves the number do legal basis and perform arithmetic bug fixes (if any) as defined in point a of this paragraph;

-Where there are differences between the price recorded in the single bid (except off) and in general tariff rates shall be based on the prices recorded in the general tariff after edit and correct the error according to the tariff details.

After the fixes according to the above principle, on the bidder will notice in writing to the contractor. The contractor must have the written notice to the bidder about the acceptance of the above fixes. If the contractor does not accept the fixes, the contractor's tender which will be disqualified.

2. edit the wrong edit the distortions is the nursing shortage or excess content of tenders with the requirements of the bid. The skewed calibration is performed as follows:


The case of the distortions of the scope provided then the touted lacking will be added, the greeting will be minus the principle if not be separated in the tender price of contractors are conducting this page wrong then the fetching the highest bid rate for this content (if missing) and take the lowest bid rate (if superfluous) among the tenders others pass the technical evaluation step. In case only a single contractor to pass the technical evaluation steps, then proceed to correct the distortions on the basis of this contractor price grab (if available) or in the estimation;

Article 31. Browse, appraisal, approval, notification of results bidding, negotiation, contract and completion of the contract 1. Browse, appraisal, approval, notification of results bidding is done according to the provisions of article 38 of the law on tender, 10, paragraph 11 of article 2 of the law on amendment and paragraph 2, article 20 paragraph 3, article 71, article 72 of this Decree.

2. complete contract negotiations, and signing a contract) The negotiations, finalizing the contract and the contract is made under the provisions of article 42 and chapter III of the bidding Law, paragraph 14, paragraph 16, Article 17, paragraph 2 of the amended Law and section 2 of Chapter VI of the law building.

b) where negotiated, finalized the contract fails, client review, decided to cancel the tender results before and decided to choose the next-ranked bidder to have a legal basis to invite into the negotiations, the completion of the contract. In this case, to require the contractor to extend effective bids and ensure the bid if necessary.

Article 32. The tender guarantee 1. The contractor involved in the bidding to make the tender guarantee measures according to the provisions of article 27 of the law of tenders. For contractors participating in the bidding venture package offered goods, construction, general contractor selection package (except general contractor design) it must implement measures to ensure the bid at the request of bid in one of two ways: a) Each membership in the associates made separately guaranteed bids but make sure the total value is not lower than the level of love requirements of the tender dossier; If the tender guarantee of an associate member is determined to be invalid, the tenders that will be their associates the type according to the prerequisites outlined in the bid. The case of a member of the partnership violation leads to the contractor not be get back guaranteed bid under the circumstances specified in paragraph 6 of article 27 the bidding Law, all members of the partnership are seized the tender guarantee;

b) associate members agreed to a member is responsible for implementing measures to secure the bid for all associates. In this case, the tender guarantee may include the name of the partnership or the name of the Member is responsible for implementing measures to secure the bid for both the partnership but ensure the total value is lower than the required level of the bid.

2. where the bid regulations implement measures ensuring the bid according to the form filed the letter of guarantee of Bank, financial institutions, then the validity of the letters of guarantee are reviewed according to the rules of hierarchy and released letters of guarantee of each bank or financial institution.

Article 33. Contractor selection for small scale package 1. For package goods cost not exceeding 5 billion construction package or choose general contractor for construction (except general contractor) design would cost no more than 8 billion, the extensive or limited bidding is done according to the order specified in section 1 of chapter V of this Decree but in the bid does not need to raise the standard of take on the same premises to determine price reviews, do not need to define price reviews in the process of evaluating tenders and does not need the approval of the list of bidders reached the technical requirements before proceed with fixes and corrects discrepancies. The contractor will be considered when the winning bid proposal meets the following conditions: a) Has a valid tenders;

b) is considered to meet the requirements of competence, experience;

c) Have the technical proposal was evaluated as meeting the requirements under the criteria, "reach", "not reached";

d) are priced bids after the fixes and the lowest false correction;

DD) Have suggested price winning bid does not exceed the approved package.

2. The timeline in the bidding for small scale package are as follows: a) tender was issued from the date of the notice to the bidder prior to bid closing;

b) preparation time tender a minimum of 10 days, counting from the first day of release bid. Case should modify the bid, on the bidder must notify the contractor before the tender closing time is 3 days for contractors to have enough time to prepare tenders;

c) time to evaluate bids a maximum of 20 days from the date of opening of tender tender side comes when there is a report about the results of bidding process owner review, decision.

3. for small package, the value of the tender guarantee is 1% of the package value and ensure the implementation of the contract is 3% of the contract.

Article 34. Regulation on the process of selecting contractors for the insurance package, audit and investment partner selection 1. The process for selection of the contractor for an insurance package is done in the process of selecting contractors for the package of goods.

2. The process of selecting contractors for the audit package is done in the process of selecting contractors for the package of consulting services.

3. the bidding process for selecting investment partners to implement the project stipulated in article 54 of the law on investment was made under the guidance of the Ministry of planning and investment.

Section 2. TWO-STAGE TENDER Article 35. Prepare the bidding phase I 1. The selected contractor was done according to the provisions in chapter III of this Decree.

2. Set the bid phase I a) established the base bid as defined in point a of paragraph 2 Article 23 of this Decree;

b) bid phase I have the content as defined in point b of paragraph 2 Article 23 of this decree but did not ask the contractor about the tender price proposed and does not require implementing measures to secure the bid.

3. Approval of bid made in accordance with paragraph 3 article 15 of this Decree.

4. The bidder stage I made as prescribed in paragraph 4 to article 23 of this Decree.

Article 36. Tender phase I 1. Released a tender bid to sell) side bid to the bid closing time for the short list of bidders or contractors wishing to participate in the tender for the sale price with the tender specified in clause 1 6 of this Decree. For contractors only need an associate membership in associates purchase bid;

b) modification and clarification of bid made in accordance with paragraph 1 Article 33 and article 34 of the law on tenders.

2. Receive and manage bids phase I contractors solicitors receive and manage the bids were filed under records management mode "Suite". Tenders submitted after the bid closing time is invalid and disqualified.

3. Open the bids opening bids are made in accordance with Article 28 paragraph 3 of this Decree. Opening bid thereon does not include information on the tender price and guaranteed bid.

4. Exchange about tender phase I pursuant to the requirements stated in the tender, the tender side of conducting exchange with each contractor to properly ask about the technical side of the package. Exchange content must be bid parties recorded the minutes of the base to form the bid phase II.

Article 37. Prepare, tender phase II 1. Set the bid phase II In phase II bid, need to clearly define in detail the technical requirements, financial requirements (including the tender prices), as well as commercial requirements on measures to secure the bid.

The approval of the bid phase II is made according to the provisions in paragraph 3 article 15 of this Decree.

2. Hold a tender bid phase II was sold to contractors submitted tenders phase I at the price specified in clause 1 article 6 of this Decree. The tender was made according to the provisions of article 28 of this Decree.

Article 38. Reviews bids phase II bid evaluation phase II is made according to the provisions of article 29 of this Decree.

Article 39. Browse, appraisal, approval, notification of results bidding, negotiation, contract and complete the contract, appraisal, approval, notification of results bidding and negotiations, the completion of the contract, the contract is made under the provisions of article 31 of this Decree.

Chapter VI APPOINTED CONTRACTOR Article 40. The case was assigned tender and conditions 1. Package price in the tender specified limit as defined in article 2 paragraph 4 of the amended Law includes: a) package of consulting services package price not exceeding 3 billion, package of valuable goods shopping package not exceeding 2 billion construction package, package selection, construction general contractor (General contractor selection package minus the design) has a package price bid no more than 5 billion in projects of development prescribed in clause 1 article 1 of the law on tender, large repair improvement projects of State enterprises as defined in paragraph 3 article 1 of the law of tenders;

b) shopping package asset not exceeding 100 million to maintain normal operations prescribed in clause 2 article 1 of the law of tenders.

Cases not necessary specify the contractor shall tender according to the rules.

2. In addition to the cases indicated the bid specified in article 20 of the law of tenders, Article 101 of the law building, paragraph 1 of this article, the package of national secrets, the urgency for the benefit of countries and the special case specified contractor specified in article 2 paragraph 4 of the amended Law and paragraph 1 of 101 Things Ridin points of law building include : a) package of national secrets in nature should specify the bid to ensure information security requirements as defined by the law on privacy;


b) packages need to check now to avoid causing harm to the health, property and lives of the local population or to no serious impact to adjacent structures, including:-package to buy drugs, chemicals, supplies, medical equipment to implement disease prevention in cases of urgency;

-Requirement to resolve serious environmental pollution need to do immediately;

-Package serves the region of avalanche or hurricane, flood prevention in case of emergencies to ensure the safety of human life and property;

-Package troubleshooting works in emergencies to ensure the safety of human life and property.

c) package of consulting services, reviews the strategy report, planning, consulting services package reporting feasibility study feasibility study report in case only one contractor has sufficient capacity and experience meet the requirements of the tenders;

d) authors of works of architecture design acceptance or selection are copyright protection, appointed to implement the package of consulting services and reporting feasibility study and design of building with enough capacity prescribed conditions;

DD) package of consulting services on information technology to upgrade, expand software that had previously been provided from a contractor and other contractors cannot deliver due to the need to ensure the compatibility with the previous software technology;

e) package for the construction of the monument, reliefs, murals, artwork associated with copyright from creative work to the construction works;

g) package of relocating public works to serve the clearance that only one unit is made by special request;

h) package of clear bombs, mines, explosive material to prepare the surface by the construction works;

I) with respect to the requirement in the national target programme, the poverty reduction support program for the district, mountain Township, in remote areas, the region particularly hard: the case of the local population have then delivered to the local people that make; the case has many organized in local unions wishing to join then choose organize unions propose the most effective implementation;

k) other special cases due to the Prime Minister to review the decision.

3. applicable conditions specified carrying bids specify the contractor must meet the following conditions in full, except for packages specified in point a of article 20 paragraph 1 bidding;

a) Have decided to invest, unless otherwise specified in the package points c, d paragraph 2 of this Article;

b) plans bidding is browser;

c) Has deployed on-demand capital progress package. Not regulated capital response contractors to perform package is to specify the conditions in the tender;

d) Has approved estimation according to the regulations;

DD) Have duration specifies the bid since the approval request to the date the contract guaranteed no more than 45 days; cases of large-scale package, not too complex for 90 days;

e) Have duration of contract not to exceed 18 months for relocation package of public works to serve the clearance to contribute to accelerating progress for some projects is particularly important and urgent, the investor can consider releasing the records request on the basis of the scheme construction measures, and estimation.

Article 41. The specified tender procedure 1. The process of specifying common bid for a package (except packages specified in clause 2 and clause 3 of this), including: a) the Establishment and approval of request the request record bid set by the parties does not need general assessment criteria stated for the package of consulting services; do not need the above mentioned elements to determine price reviews for goods package, select package and construction general contractor construction (except package design general contractor selection). The base of the scale, the nature of each package that lays out the specific requirements in the profile requested song should ensure the following:-for package of consulting services: standard capacity requirements, the number of experts; the experience of the contractor; asked about the content, scope and quality of work; asked about the time and location; the proposed requirements on price; asked about the time of preparation and submission of proposals, the time limit in effect proposed profile and the other necessary content;

-For package goods, construction, general contractor selection package (except general contractor design): ask about the experience, capacity; technical requirements such as the number of goods, the scope, volume of work, technical solutions and standards, quality of work, duration; the proposed requirements on price; asked about the time of preparation and submission of proposals, the time limit for the validity of the proposed records and the other necessary content; No stated requirement for the tender guarantee.

The assessment of the technical requirements to be made according to the criterion of "hit", "not met" and is shown in the profile required.

Investor approval request and identify a qualified contractor and experience meet the requirements of the tenders received the required profile.

b) tender Side released the profile requirements for the contractor be the owner. Contractors are suggesting the tender documents proposed on the basis of the dossiers, including proposals on technical and financial proposal, trade;

c) reviews proposals and resumes negotiations on the proposals of contractor.

Tender side to conduct reviews of the proposed profile of contractors and negotiations on the proposals of contractor as required in the profile required. In the evaluation process, the tender side can invite contractors to negotiate, explain, clarify or modify, complement the information content of the proposed profile to demonstrate the response of the contractor at the request of the capacity, experience, progress, quality, technical solutions and measures for implementation of the required profile.

The recommended contractors hit by specifying the bid when meets the following conditions:-have enough ability and experience according to the required profile;

-Have technical proposals were evaluated as meeting the requirements of the required profile standard base reviews;

-Prices are suggesting the bid does not exceed approved estimates for the package.

d) Process, the evaluators about the approval results indicated the bid on the basis of the report indicated the bid results and evaluation reports, investor approval results indicated the bid.

DD) negotiations, finalizing the contract, and the contract on the basis of the decision to approve results indicated the bid, tender side of conducting negotiations, finalizing the contract with the contractor assigned to the owner of the contract.

2. specify the process for shortening the tender package, goods and valuable construction bid packages not exceeding 500 million are made according to the following sequence: a tender Side) based on the objectives, scope of work and price package was approved in the plan prepared and submitted the draft contract for a contractor to be owner plan to have sufficient ability and experience to meet the requirements of the package. Content of the draft contract includes the requirements for the scope, the content work needs done, duration, quality of work need to be achieved and the corresponding value;

b) on the basis of the draft contract, tender side and the recommended bidders specify the bid proceed negotiations, finalizing the contract as the basis for the contract;

c) after negotiations, the completion of the contract, the tender side of the process investor approval results specify the tender and the contract with the contractor.

3. With regard to the package in case of unforeseen problems caused by natural disasters, the enemy, the problem should fix as soon as defined in point a of article 20 paragraph 1 bidding Law, specify the bid is not made as specified in clause 1 and clause 2 of this Thing. Within 15 days from the date specified investor, contractor or agency responsible for construction management, asset and contractors should conduct the procedures for determining the volume and value of the work to the two parties to the contract as the basis for the implementation and payment.

4. where the application form specifies the tender for bids made prior to the decision to invest, the owner, the unit was tasked with preparing the project progress in the preparation and approval of the estimated costs as defined in article 2 paragraph 4 of the revised Law, approval requirements and results indicated the bid.

Chapter VII the OTHER CONTRACTOR SELECTION FORM Article 42. Shops directly applying direct shopping form approved award of the tender on the basis of compliance with the provisions of article 21 of the law on bidding for contracts signed with contractors through tenders or extensive bidding limit. 6 month period is calculated from when the original Contracting to when shopping direct results are approved.

Direct shopping process is done as follows: 1. The investor approval request to the contractor as the basis for preparing the proposed profile.

2. The assessment of the proposed profile is done according to the following: a) check the technical content and the unit price;

b) updated the capacity, the experience of the contractor;

c) reviews the progress made;

d) other content (if any).

3. Browse, appraisal and approval results stores directly.

On the basis of reported results stores directly, the report evaluation, approved by the owner of the shopping results directly.

43 things. Offer competitive in stores of goods the application of forms of competitive offers are approved in the plan on the basis of compliance with the provisions of article 22 of the law on tenders.

The process offers competition in stores of goods is done as follows: 1. the required profile investor approval request. Records request include the technical requirements as the quantity, standard, specification, supply period, the time limit for the validity of the proposed profile, the time of submission of the proposal, the requirements for warranty, maintenance, training, transfer and other necessary content , no stated requirement for the tender guarantee. The assessment of the technical requirements to be made according to the criterion of "hit", "not met" and is shown in the profile required.


2. Organize a tender Side) touted announcement touted on the tender Notice 3 consecutive period and on electronic information page about the bidding to the contractors concerned to attend. In addition to posting as defined above can be posted simultaneously on the mass media. Tender side to release the records required for contractors wishing to join since the first day of the posted notice invited touted;

b) Bidder requested records to release before the end of the time limit for submission of proposals for the contractors wishing to participate to ensure getting a minimum of 3 suggested profile from 3 different contractors. Time to prepare contractor profile proposed a minimum of 5 days;

the c) bidders filing proposes to tender side by sending directly, sent by post or by fax. Each contractor is only filed a proposed profile;

d) tender Side is responsible for the security of the information in the profile of each contractor. Shortly after the end of the time limit for submission of proposals, tender side of text-setting receiving the proposed profile includes content such as: contractor name, price, sales conditions, time force of the suggested profile and send this text to the contractor submitted proposals.

3. Reviews the records suggest a) tender Party reviews the records proposed to be filed at the request of the profile request technically. The proposed record to pass the technical evaluation step when all the technical requirements were rated as "reach";

b) tender Side price comparisons of the proposed profile to respond technically to determine the record lowest bid proposals. The contractor has the lowest bid after the fixes, false and edit does not exceed the price of tenders will be asked to select.

4. Approve the results touted and signed a contract) on the basis of reported results touted by the tender side of the process, evaluation reports, investor approval results touted;

b) tender results announcement Party offer in writing to all the contractors involved the filing of proposals and conduct negotiations, finalizing the contract with the chosen contractor to the owner of the contract.

Article 44. Self made the application of self-made form must be approved in the plan on the basis of compliance with the provisions of article 23 of the law on tenders and art. 41, article 50 of 57, 75, 89, and point b item 2 Article 45 of the law on construction, and according to the specific provisions as follows : 1. The owner must ensure there is sufficient capacity, the experience to make the whole package in the work and ensure the order made by the owner to bring higher efficiency compared to the selection of contractors to perform well as the package must meet the following conditions : a) functions, tasks, activities and business activities (according to the certificate of business registration or establishment) suit the requirements of the tenders;

b) Enough key personnel, officials and technicians to use for packages in the owner (except labourer); enough machinery, construction equipment packages and are owned by the owner or the owner must demonstrate the ability to mobilize are machines, equipment for tenders meet the requirements regarding the progress of package.

2. Select the owner under the provisions of the law of tenders a contractor independent monitoring consulting with investors about the financial and organization according to the provisions of the law, specifically the following: a) case law specialization has defined the content of work must be supervised when done the owner must choose the supervision as prescribed; in the absence of independent monitoring consultants interested or do not choose to be supervised by the independent consultancy packages are made in the region of remote areas in accordance with the relevant applicable law, tenders whose value under 1 billion investor must then perform community supervision pursuant to the law on investment of public monitoring Council;

b) case apply form of self-realization for the improvement package, major repairs of equipment, production lines are not required to hire counsel monitor.

The owner must provide the records necessary for supervising contractors perform the tasks specified in paragraph 3 of this article.

3. a supervising contractor is responsible for the following: a) oversees the implementation of the package of the owner in accordance with the methodology, implementation solutions that the owner has given;

b) examine the goods, materials, equipment used for the package;

c) testing the volume of work done by the owner as the basis for the payment.

4. In the process of implementation, if the owner is found to transfer the workload with high total amount of more than 10% of the value of self-realization, the owner being evaluated as incompetent self implement package and violate the terms of the tender Law article 12 14.

Article 45. Selection of contractors in special cases.

1. Based on the specific properties of packages that cannot be or is not eligible to adopt one of the forms specified contractor selection from Articles 18 to 23 of the bidding Conditions, clause 4 of article 2 of the law on amendment and article 97 of the law building owner, the prime contractor selection methods on the basis of ensuring the objectives of economic efficiency and competitiveness, at the same time sent the Ministry of planning and investment, Ministry of industry management to have the opinion of the Prime Minister to review the decision.

2. particular case of tenders stipulated in other laws shall follow the provisions of the legal text guide to enforce such laws.

Article 46. Choice of consultant architectural design of buildings the choice of consultant for architectural design tenders construction through examination or selection rules in paragraph 3 to article 97 of the law on construction, paragraph 6 article 1 of the amended Law made under the provisions of article 102 of the law building.

Chapter VIII RULES of CONTRACT Article 47. The composition of the contract 1. Contract components include the documents forming the contract to regulate the rights and obligations of the owner and the contractor. Components of the contract and the legal order of priority as follows: a) the text of the contract (attached appendix includes tariff and other content if available);

b) minutes of negotiations, the completion of the contract;

c) decided to approve the results of selection of contractors;

d) specific conditions of contract (if any);

DD) General conditions of contract (if any);

e) tenders, proposals and record to the text to clarify the tenders, proposals of contractor records are selected (if any);

g) tender dossiers, and modify documents, additional bidding, records requested (if any);

h) attached documents (if any).

2. for construction contracts, rates must be built on the basis of the report on the negotiations, the completion of the contract; the decision to approve results of selection of contractors; tenders, proposals of contractor records are selected based on detailed categories outlined in table of the prognosis of the bid or the request record.

The case was the owner allows additions, adjust the volume of work before the signing of the contract, the tariff also includes additional workload, this adjustment.

3. in case of additional addendum signed the contract as stipulated in paragraph 2 Article 52 of this Decree, the additional contract addendum will be a part of the contract.

Article 48. Form of the contract package 1. The principle of payment for contract forms package is specified in article 49 of the law on tender, namely: a) Reviews non adjusted during implementation of the contract, except in cases of force majeure as agreed in the contract (as practical situations occur is out of control and the ability to anticipate the investor's , the contractor, not related to violations or published by the owner, the contractor, such as: war, riot, strike, fire, flood, natural disaster, epidemic, quarantine due to quarantine, embargo). The payment is done multiple times or once payment upon completion of the contract. The total amount that the investor paid for the contractor until the contractor completes the obligations under the contract by right the price noted in the contract. Cases of force majeure, the payment as agreed in the contract (if any);

For the contract in the form of packages in the package consisting of two or more parts work as established the feasibility research report, feasibility study reports, the technical design of the contract specify the payment method for each section, in which specific rules: in the case of feasibility research report is not approved, then the contractor paid only for part of the feasibility study report; in the case of feasibility study report is not approved, then the contractor paid only for work established the feasibility research report and feasibility study report;

b) for contractors are selected through the form of choosing the contractor except form specifies the bid, the payment is based on the contract price and the terms of payment stated in the contract, not based on the estimation as well as regulations, the State's current guidance on the level of , unit price; not based on the unit price in the financial Bill for the contractor's inputs such as materials, machinery, equipment and other inputs.

2. for construction work, during negotiations, the completion of the contract, the parties concerned should review the workload table by design, if the contractor (including specified contractor bids) or party bidder discovered workload table crawls from inaccurate design tender side, reports investor consideration, decided the additional workload to ensure conformity with the design. For this construction work, after the contract according to the form of the package is signed, the actual volume of work the contractor performed to completion by design (more or less than the volume of work stated in the contract) does not affect the amount of the payment to the contractor. The payment for the contractor to be conducted as specified in paragraph 1 of this article.


The owner is responsible for the accuracy of the number, the volume of work. The case of losses occurring (due to incorrect calculation of the amount, the volume of work) then the individual investor in the Organization made a mistake is responsible for compensating and processed according to the provisions of the law. The case of the contract between the owner and the contractor making tender, records requests, estimating there are regulations on the disposal for calculating the wrong number, the workload, the owner was compensated as agreed in the contract with the consultant.

Article 49. Form of the contract according to unit price billing guidelines for form according to the price specified in article 50 of the law on tender, namely: 1. The value of the payment is calculated by taking the price in the contract or unit price adjustments outlined in the contract with the volume , the actual amount of work that the contractor has done.

2. for construction work, the case of the actual volume of work that the contractor has undertaken to complete the true design of less volume of work outlined in the contract, the contractor is paid only for the actual weight. The case of the actual volume of work that the contractor has undertaken to complete the true design more than the volume of the work outlined in the contract, the contractor was paid for the difference of this workload.

Owner, counseling supervisor and the contractor is responsible to confirm in the minutes to complete test as a basis for payment to the contractor.

3. The payment is based on the payment terms outlined in the contract. Owner, payment authority when conducting payment to the contractor should comply with the provisions of article 53 of this Decree.

Article 50. Form of the contract by the time The payments to the contractor for the form from time to time be made as follows: 1. The level of remuneration for experts is the cost for experts, is calculated by taking the basic salary and related costs due to the owner and contractor agreement stated in the contract or be adjusted under article 57 of the law on bidding and account 17 Article 2 of the amended Law with actual working time (by month, week, day, hour).

2. The costs in addition to costs for experts stipulated in paragraph 1 of this article, including travel expenses, office rental, survey work and other costs, the payment according to the method specified in the contract. For each account, costs in the contract should specify the method of payment: payment according to fact based on invoices, vouchers valid because contractors present, paid on the basis of the price agreed upon in the contract.

Article 51. Form of the contract according to the percentage of the contract Price is calculated as a percentage of the value of the work or the workload. When the contractor fulfilling the obligations under the contract, the owner paid for the contractor the amount equal to the percentage specified in the contract multiplied by the value or volume of work completed.

Article 52. Contract price adjustment and the adjustment of the contract 1. A contract price adjustment) The price adjustment of contract apply to form according to unit price, form time to time. In the contract should specify the content, method and time of computer to adjust the input database, to calculate the adjusted price;

The price adjustment is made through the adjustment of the volume of work prescribed in clause 2 Article 49 of this Decree; adjust the unit price or the contract price adjustment due to sliding prices.

b) method to adjust the price stipulated in the contract to ensure conformity with the nature of work outlined in the contract. The input database to calculate the adjusted price must match the content of the work. In the contract should use quotes, or index reviews of competent bodies at local, Central or specialized agencies independent of foreign countries issued for the costs derived from abroad;

c) where fuel prices, materials, the equipment mentioned in the contract by the State controlled (by the State appraiser) large fluctuations that directly affect the implementation of the contract in a contract agreement to be adjusted then make adjustments according to the provisions in point c paragraph 1 to article 57 of the law of tenders according to the principles applied to the new price for the parts of the work to be carried does the time have price fluctuations according to published reviews of competent State agencies;

d) where state tax policy change, influence wages directly to the contract price shall follow the provisions of art. 57 of the tender Law Thing.

2. Adjust the contract case there arise reasonable addition specified in the work contract without changing the investment objectives or the total investment (for the construction job application forms package is in addition to the volume of work should follow the design, construction and installation work for application form according to the unit cost is in addition to the workload in the case copper), then follow the provisions in paragraph 3 to article 57 of the law on bidding and account 17 article 2 of the revised Law. Additional job case arises then the owner and contractor signed the contract Supplement Addendum according to the following rules:-the case of the workload arising from this is under 20% of the corresponding workload recorded in works that had the price in the contract then use the unit price was recorded in the contract for payment;

-Case of the workload arising from this 20% of the corresponding workload over stated in the contract or the workload incurred have yet to have the price in the contract, the owner and the contractor determined the new unit price unity according to the principle specified in the contract on the price of the volume.

For the construction and installation work, before signing the contract Supplement Addendum need approval of the estimate for the volume of work arising under the provisions of the law.

Article 53. Payment profile profile of payment specified in the agreement include: 1. For the construction job application form according to the unit price: a) a volume test done in the period of payment certified by the contractor representatives, investors and consultants monitor (if available);

b) confirming the volume adjustment to increase or decrease compared with the contract certified by the contractor representatives, investors and consultants monitor (if available);

c) suggested values spreadsheet of payments on the basis of the volume of work completed has been confirmed and the price stated in the contract;

d) suggested the payment of contractors, which stated the volume finished and complete value, the value increase (decrease) in comparison with the contract, the advance value, the recommended value of the payment in the payment period.

2. For the construction job application form: a) a volume test done in the period of payment certified by the contractor representatives, investors and consultants monitor (if available). The minutes confirmed this mass is confirmed the completion of works, projects, the work of appropriate works with the design without confirming details complete;

b) other materials as defined in points b, c, d paragraph 1 of this article.

3. for the purchase of goods: Depending on the nature of the goods to the prescribed payment records accordingly as the contractor's invoice, catalog goods packing, transport documents, invoices, insurance certificates, quality testing of commodities, certificates of origin and other documents other related vouchers.

4. With regard to the job application form according to the time and form according to the percentage of the task's properties: customized advice to regulated payment records accordingly as the minutes of testing results of the consultation, the document confirming the progress made and the contract documents other related vouchers.

For the construction work and the work of shopping goods, except where the contract price adjustment clauses specify the owner and the contractor agreed to apply the price stated in the invoice input (for elements such as machines, materials, equipment and other inputs) as a base price adjustment , requiring contractors to present the Bill early on only to determine the origin and the other related information without the base unit price stated in the invoice to the payment to the contractor. The payment is based on the contract price and the terms of payment stated in the contract is not guaranteed beyond the contract price, not based on estimates as well as the regulations, the State's current guide on norms, unit price, except for specified contractor bids.

Chapter IX HIERARCHY RESPONSIBLE for APPRAISING, APPROVING the BIDDING in Article 54. The responsibility of the Prime Minister 1. For the project by the prime investment decisions: a) approval of the plan (which includes contractor selection forms, including form specify the bid according to the provisions in clause 1 of article 20 of law tenders was amended in paragraph 4 to article 2 of the amended Law and paragraph 1 clause 2, Article 40 of the Decree);

b) solve or authorized to resolve petitions in the tender;

c) handling or disposal authorization violated the law on tenders.

2. Approved or authorised approval requirement should apply the specified tender form in the special cases stipulated in point k item 2 Article 40 of this Decree.

3. Approval or approval authorized contractor selection in special cases according to the provisions of article 24 of the law on tenders.

Article 55. Responsibility of Ministers, heads of ministerial agencies, heads of other central bodies, the Chairman of the provincial people's Committee, the city in Central 1. For the project by the Prime Minister that his investment decisions is not the owner: a) the opinion in writing on the bidding plan as required;

b) made the other work on the tender under the Prime Minister's authorization.

2. for his project investment decision:


a) approval of the plan (which includes contractor selection forms, including form specify the bid according to the provisions in clause 1 of article 20 of law tenders was amended in paragraph 4 to article 2 of the amended Law and paragraph 1, item 2 (except in cases specified in point k) Article 40 of the Decree);

b) perform other tasks under the responsibility of the competent person.

3. For the project by yourself as owner: a) approval of the bid, the profile required;

b) approved contractor selection result;

c) other work done under the responsibility of the owner.

Article 56. The responsibilities of the Chairman of the city people's Committee in the province, County, district, town, city, Ward, town, the heads of the other agencies in local 1. For his project investment decision: a) approval of the plan (which includes contractor selection forms, including form specify the bid according to the provisions in clause 1 of article 20 of law tenders was amended in paragraph 4 to article 2 of the amended Law and paragraph 1 , item 2 (except in cases specified in point k) Article 40 of the Decree);

b) perform other tasks under the responsibility of the competent person.

2. For the project by yourself as owner: a) approval of the bid, the profile required;

b) approved contractor selection result;

c) other work done under the responsibility of the owner.

3. Make the work of tender according to superior's authorization.

Article 57. The responsibilities of the Board, Director of business 1. For his project investment decision: a) approval of the plan (which includes the contractor selection formula forms, including form specify the bid according to the provisions in clause 1 of article 20 of law tenders was amended in paragraph 4 to article 2 of the amended Law and paragraph 1 , item 2 (except in cases specified in point k) Article 40 of the Decree);

b) perform other tasks under the responsibility of the competent person.

2. For the project by yourself as owner: a) approval of the bid, the profile required;

b) approved contractor selection result;

c) other work done under the responsibility of the owner and authorized.

Article 58. Responsibility of the Board of the business venture, joint stock companies and the legal representatives of the parties to the contract of cooperation 1. For his project investment decision: a) approval of the plan (which includes contractor selection forms, including form specify the bid according to the provisions in clause 1 of article 20 of law tenders was amended in paragraph 4 to article 2 of the amended Law and paragraph 1 , item 2 (except in cases specified in point k) Article 40 of the Decree);

b) perform other tasks under the responsibility of the competent person.

2. for the project by themselves functions owner: a) approval of the bid, the profile required;

b) approved contractor selection result;

c) other work done under the responsibility of the owner.

Article 59. The Agency's responsibilities, organizational evaluation 1. The Ministry of planning and investment is responsible for organizing the following: a) the bidding plan approved under the authority of the Prime Minister;

b) other special cases due to the Prime Minister decided to adopt forms specifying the tender specified in point k item 2 Article 40 of this Decree;

c) alternatives a contractor in special cases by the Prime Minister to review the decision.

2. The Department of planning and investment is responsible for organizing the following: a) plans to tender for the project by the Chairman of the provincial people's Committee, the central cities in investment decisions;

b), tender dossiers (when required), contractor selection result for the package in the project by the province people's Committee, the central cities is the owner.

3. The Agency held to be Ministers, heads of ministerial agencies, heads of other central agencies, the Board or the Director of business valuation organization tasked to perform the following: a) plans bidding for projects under the authority of the Minister of investment decisions , The heads of ministerial agencies, heads of other central agencies, the Board or the Director of the enterprise;

b), tender dossiers (when required), contractor selection result for the package in the project by the Ministry, ministerial bodies, other bodies in Central, the business owner is.

4. the functional parts of the plan, financial valuation organization responsible plans to tender for projects investment decision under the authority of the Chairman of the city people's Committee in the province, County, district, town.

5. Parts help the responsible organization evaluation plan for the project investment decision under the authority of the President of the people's Committee of the commune, Ward, town, the heads of the other agencies in the local Board of the business venture, joint stock companies and the legal representatives of the parties to the contract business.

6. The owner for organisations and individuals to communicate in his agency organizing bid evaluation, the required profile and results choose the contractor, except in cases specified in clause 2 of this Thing.

The case of the Organization, individuals are assigned incompetent appraisal, the owner proceeded to select a consulting organization has sufficient capacity and experience to assess. In all cases, the owner is responsible for the evaluation of tender dossiers, and the results of choosing contractors.

Chapter X to RESOLVE PETITIONS in the TENDER Article 60. Conditions to consider, addressed recommendations 1. Recommendations of the contractor is involved in the bidding.

2. the petition must be signed by the person signing the tender unit or representative of the contractor, to be stamped (if available).

3. Who is responsible for solving petitions received petitions within the time prescribed in clause 3 Article 72 of the law on tenders.

4. content recommendations that had not been the contractor put in the content of the lawsuit out of court.

5. With respect to recommendations on the results of selection of contractors when sent to the authority, the contractor must submit a fee as specified in paragraph 3 article 6 of this Decree for permanent Division's Advisory Council stated in the tender dossier; the case of the contractor had proposed was the conclusion is true then the cost due the contractor filed will be repaid by individuals, organizations are responsible for jointly.

Article 61. Solve recommendations 1. Time resolved recommendations specified in article 73 of the law of tenders is calculated from the date of the administrative division of the people responsible for settling petitions received petitions.

2. Who is responsible for resolving reported recommendations in writing to the contractor about non-reviewed, resolved the petitions in case recommendations of contractors does not meet the conditions stated in article 60 of this Decree.

3. The contractor is entitled to withdraw the petition in the process of solving petitions but must be in writing.

Article 62. The Advisory Council 1. The Chairman of the Advisory Board a) Chairman of the Advisory Council of the central level is authorized representative of the Ministry of planning and investment. The central-level Advisory Council is responsible for advice on the recommendations related to the package because the Prime Minister directly approved or in the case of the prime requirement;

b) Chairman of the Advisory Council of the Ministry, ministerial-level agencies, government agencies and other agencies in the Central Government (hereinafter the ministerial-level Consultative Council) is the authorized representative of the unit was tasked with the management of bidding in the Agency. The Ministry Advisory Council is responsible for advice on the recommendations for all the packages in the project by the Ministry decided to invest or manage by industry, except for packages specified in point a of this paragraph;

c) Chairman of the Advisory Council to the local level is authorized representative of the Department of planning and investment. Local-level Advisory Council is responsible for advice on the recommendations for all the packages in the project by local management or investment decisions, with the exception of package specified in point a of this paragraph.

2. the Advisory Council members, depending on the nature of each package and in case of need, in addition to the members specified in paragraph 2 to article 73 of the law of tenders, the Chairman of the Advisory Council may invite individuals to participate as members of the Advisory Council. Advisory Board members not be relatives (father, mother or wife parent parent, spouse, offspring, daughter, daughter-in-law, son-in-law, siblings) of the person who signed the petition, of the individuals directly involved in evaluating tenders, the bidding parties in investor , of the direct personal evaluation and contractor selection result of the signed approval of the contractor selection result.

3. the activities of the Consultative Council a) Chairman of the Advisory Council of the Council decision within a period of a maximum of 5 days from the date of the petition of the contractor. Active Advisory Council in each incident;

b) Advisory Board working according to the principle of collective, by majority vote, have reported the results of work the person has the authority to review the decision; each Member is entitled to reserve the opinion and responsible before the law for their comments.

4. the permanent division of the Advisory Board a) assisting permanent division is the Agency, the Organization was given the task of evaluation in tender but not of individuals directly involved evaluation of tenders that the contractors have recommendations;

b) permanent parts help the implementation of the tasks of the administration by the President of the Council regulation; receive and manage costs due the contractor have the petitions filed under the provisions of clause 5 Article 60 of this Decree.

Chapter XI HANDLED VIOLATED the LAW on TENDER Article 63. The principle and authority to handle violation 1. The principle of handling violations


a) organizations, individuals with violations of the law on tender, then depending on the level of violation will be sanctioned under a or forms: warning, fine, all active participants in the bidding under the provisions of paragraph 1 to article 75 of the law of tenders, article 2 of Law 21 clause amendment; Cancel, suspend the tender or not recognizing the results of choosing a contractor under the provisions of paragraph 18 of article 2 of the revised Law. For officers, there are violations of the law of tenders is also dealt with under the provisions of the law on public officials;

b) principles, procedures for handling violations, enforcement procedures decided to sanction is made according to the provisions of the law;

c) decided to sanction must be sent to the organisation or individual sanctioned agencies and related organizations. Sanction decisions are submitted to the Ministry of planning and investment to track, aggregate and processed according to the provisions of the law;

d) sanction decisions made in any locality, the industry would have effect on nationwide and in all sectors;

DD) Organization, personally sanctioned violation of procurement legislation have the right to sue out of court.

2. Competent handling of violating a) competent person responsible for the violation of law handling the bidding for his projects investment decision under the provisions of paragraph 18 of article 2 of the revised Law. The case of authority violated the law on tenders the handling offense under the provisions of the law;

b) Ministry of planning and investment is responsible for monitoring the processing of violating the law on bidding and decided to prohibit active participation in the bidding for the Organization, individuals with three or more violations were warned as prescribed in paragraph 4 to article 65 of this Decree in the case not the same authorized person handle the offense.

Article 64. Shape depending on the level of violation, organizations, individuals violating the law on bidding under the provisions of point b paragraph 1 to article 75 of the law of tenders will be fined according to the provisions of the law on sanctioning administrative violations in the field of planning and investment.

Article 65. Banned form taking the bidding activity depending on the degree of offense that the forbidden forms applied to participate in the bidding, in particular the following: 1. Prohibition of active participants in the bidding from 6 months to 1 year for one of the following violations: a) violated the provisions in clause 4 Article 12 of the law of tenders;

b) violated the provisions in clause 5 article 12 of the law on tender, namely: individual, organization, evaluation, approval for the bid package goods, construction, general contractor selection package built in which States requested about the brand, made in specific goods in the bid.

c) individuals belonging to the owner, on the tender, the tender expert advice, bidding Agency, tender evaluation organization, violated the provisions in clause 3 article 12 of the law of tenders;

d) violation of the provisions in paragraph 6 article 12 of the law of tenders;

DD) violated the provisions in clause 7 article 12 of the law on tender, specifically the following: authorized person allows dividing the project into the package is contrary to the provisions of paragraph 4 Article 6 of the law of tenders to perform specified bid or create opportunities for the few participating contractors.

e) violated the provisions in clause 8 article 12 of the law on tender, namely: the owner, on the tender accepted and recommended bidding for contractors to participate in the bidding to provide goods, construction for the package in the project that this contractor had previously provided consulting services , except for: EPC packages, package design and general contractor selection construction, turnkey general contractor.

g) violated the provisions in clause 10 article 12 of the law on tender, specifically the following: individuals directly involved in the bidding, the Organization reviews bids in the tender, by the owner, crew members of expert bidding, bidding consulting, individuals directly involved in the appraisal results in contractor selection Agency evaluation organization, and who signed the decision on contractors selection results does not withdraw the work is assigned when a single signed bid is his relatives (father, mother, husband, wife or parent's parents, spouse, offspring, daughter, daughter-in-law, son-in-law, sibling).

h) violated the provisions in clause 11 article 12 of the law on tender, namely: organizations and individuals in the bid side, the owner, the State Treasury, financial regulators, Bank, agency experience make it difficult in the procedure of issuing, payment under a contract signed between the owner and the contractor.

I) violated the provisions in clause 13 article 12 of the law on tenders, in particular as follows: – personal single sign bid for tenders in projects by the Agency, the organization that has the work earlier in the year, since getting the decision to stop work at the Agency that, organisations;

-Decide the winning bid for that single sign contractor bid tender package involved in the projects of the Agency, the Organization for which the person has just received the decision to stop the work not yet 1 year.

k) violates the provisions of paragraph 16 of article 12 of the law on tender, specifically the following: approval of the form of the choice of contractors in the bidding plan is not widely when the tender form does not guarantee eligible under regulation from article 19 to article 24 of the law on tenders and 100 Article 101 of the law on construction, and the conditions specified in this Decree.

l) violated the provisions in clause 17 article 12 of the law on tender, specifically the following: Who has the authority to approve procurement plans in order to allow the Organization the choice of contractors to perform capital requirement has not been determined.

m) violation of the provisions of paragraph 3 of article 2 of the revised Law, in particular as follows:-the Organization, the individual tender parties not of selling tender for contractor or perform any acts would limit contractors purchase bid from time to time be specified in tender announcement tender, mail;

-Organizations and individuals in the tender side is not released or performed any acts would limit the release of documents of interest, selected, the profile required for contractors from time to time be specified in the notice invited interested applicants, notices inviting applicants , notice inviting offer.

2. Prohibition of active participants in the bidding from 1 year to 3 years for one of the following behaviors: a) violated the provisions in clause 2 of article 12 of law tenders, in particular as follows: – personal use rights, his influence in forcing the owner, on the bid, tender specialists organization procurement consultant, agency, organization, evaluation of the results of selection of contractors contractors bid proposal is inconsistent with the requirements of the tender dossier, requirements and evaluation criteria stated in the tender, the profile required;

-Direct personal reviews of tenders, records suggest, assess the results of choosing the contractor knowingly report false or dishonest about the information falsified results choose the contractor, signing, perform the contract;

-The contractor knowingly provided the information is not honest in tenders, records suggest falsify results choose the contractor, signing, perform the contract.

b) violated the provisions in clause 14 article 12 of the law on tenders, in particular as follows:-the contractor to use the name, signature, stamp to legalize their bids to join the bidding form to serve a different contractors bidding;

-The contractor for other bidders to use the names, signatures, seals; contractors use the names, signatures, seals of other contractors to form a partnership to participate in the bidding, after the winning bid does not follow the agreed text Associates; unless the contract otherwise;

-Transfer to the contractor other contractors on 10% of the value is made (after excluding the work under the responsibility of the subcontractors) stated in the signed contracts;

-Owner, supervising approval to transfer the work bidders are the responsibility of the contractors, excluding the work under the responsibility of the subcontractors already declared in the contract.

c) violated the provisions in clause 15 article 12 of the law of tenders;

d) violated the provisions in clause 3 article 2 of the revised Law, in particular as follows:-the Organization, the individual is not specified in the tender, the contract of the prohibition of the use of foreign contractors when the alien is not eligible to work in Vietnam in accordance with the law of Vietnam;

-The Organization, the individual is not specified in the tender, the contract of the prohibition of the use of foreign laborers when domestic workers to meet the requirements of the bid packages, or intentionally defined the standard of evaluation of the capacity, the experience of contractors or other assessment standards higher than the actual demand of tenders to contractors do not meet;

-The contractor bidding, organizations, individuals in investor use foreigners to make the contract when abroad do not qualify to work in Vietnam in accordance with the law of Vietnam.

3. Forbidden to join the bidding activity from 3 years to 5 years for one of the following behaviors: a) violated the provisions in clause 1 article 12 of the law of tenders;

b) violated the provisions in clause 3 article 12 of the law of tenders;

c) violated the provisions in clause 12 article 12 of the law on tenders.

4. organizations and individuals have three violations were warning will be prohibited from participating in the bidding activity as specified in paragraph 21 of article 2 of the law revised in 6 months; each a violation dealt with caution adding to the forbidden to participate in the bidding to add 3 months but not more than 3 years.

Article 66. Cancellation, suspension, did not recognise the result of choosing the contractor 1. Cancellation, suspension or non-recognition of contractor choice is the measure of the person competent to handle violations of the law on tender and the provisions of the relevant laws of the investor, on the bidder, contractors or other private organizations to participate in the bidding.

2. Cancel the tender in addition to the provisions in clause 1 Article 43 of the law of tenders, tender cancellation applies to the following cases:


a) tender, records request does not comply with the provisions of the law of tenders or other related legislation leading to not select the contractor or contractors bid winning bid does not meet the requirements of the tenders;

b) there is evidence that the collusion between the parties in the tender: investors, tender side, agency, organization, evaluation and the contractor cause damage the interests of the State.

3. Suspension or not recognizing the results of choosing the contractor to suspend or not recognition of contractor selection is applied when there is evidence that the Organization, individuals involved in the bidding are violations of the law of tenders or the provisions of the relevant legislation led to goals of ensuring no bidding , falsifying the results of choosing contractors.

The suspension measures applied to rectify immediately the violation has occurred and been made to prior approval of the contractor selection result. The measure does not recognize the results of choosing contractors was made from approved contractor selection results came before the signing of the contract.

In the text, not the result of choosing the contractor must clearly state the reason, content, time and measures to remedy violations of the bidding.

Chapter XII OTHER MATTERS Article 67. The tender documents form 1. The tender documents form including plan template; sample documents selected for construction bid packages; bid form and the form the report reviews tenders for consulting services, package goods, construction; sample assessment report results of bidding and other patterns.

2. Ministry of planning and investment is responsible for issuing tender documents form.

Article 68. Warranty 1. The contractor is responsible for the maintenance works in the case of the contract between the owner and the contractor that built, has the responsibility of warranty of the goods in the case of the contract between the owner and the contractor have content about shopping goods according to the applicable provisions of the law.

2. The content of work of warranty, the warranty period, the costs involved and the responsibilities of the parties (between the owner and the contractor) must be made in the contract.

Article 69. Tender bidding organization professional professional as defined in paragraph 3 article 9 of the law on tender is the organization established and operating under the enterprise law, law on bidding and related laws.

Article 70. Handle situations in a tender bidding in circumstances specified in article 70 of the law on bidding is done as follows: 1. where there is reason to need to adjust the price of package or the package contents, the owner must conduct the procedure to adjust the bidding plan under the provisions of the law before the time of the tender opening , except as prescribed in clause 2 and clause 6 of this Article.

2. The case of estimation of package (not including contingency) are navigating the lower or higher package price was browsing then this estimation will replace the price of package to serve as a basis to review the result of choosing the contractor that is not the procedure to adjust the price of package in the bidding was browsing.

The case of estimating package by owner approval is higher than the price of package has been approved by the competent person in the bidding then secured owner total value is higher than it is in the total investment of the project browser. The case of estimating higher package price lead to forms of the approved contractor selection in the bidding plan no longer appropriate under the provisions of the law on tenders, the revised Law, the investor consideration, decided to switch form select contractors for compliance with the provisions of the law of tenders.

Case of exceeding total investment must make adjustments total investment under the provisions of the law.

3. The case at the time of bid closing, close the selected application expires, interest, most of the proposed deadline for the offer competes with less than 3 contractors filing party bidder must immediately report (directly, by phone, email, fax or in writing) to the owner for review , solved within a period not exceeding 4 hours in one of two ways: a) allows for the extension of the bid closing time, close the selected submission deadline, interest and submission of the proposal to increase the number of bidders filing;

b) allows opening the right records to conduct reviews.

The case of the extension of time must specify the time of bid closing, the closing point selected, the time limit for submission of interest and apply the new proposals and the corresponding time limit to bidders had enough time to amend or supplement the records filed under the new requirements.

The case reported by phone or direct bid party, then complete the procedure in writing within a period of not more than 10 days from the tender closing date, closed date selected, expiration date of submission concerned or the proposed profile.

4. in case of package is divided into several parts, then in the tender should specify conditions of bids, and measure the value guaranteed bids for each section or multiple sections and evaluation method for each part or parts to the Contractor calculated scheme bids according to their ability.

Evaluating tenders and bid review will be made on the basis of ensuring the principle of evaluation of tenders is the lowest winning bid price and of all packages not exceeding the price bid packages are browser without comparison with estimated costs of each section.

The case of a part or parts in package no bidding involved contractor or contractors do not have to meet the requirements on the technical side, the investor reports who has the authority to adjust its bidding plan packages towards separating the sections into a separate package with the package price is the estimated total cost of the parts; the selection of the contractor for the work section have the contractor involved and reviews meet the requirements technically must still ensure the principle of overall reviews of the part is the lowest winning bid price and of this part does not exceed the total estimated cost of the parts that do not compare with the estimated cost of each part.

5. where tenders have price more often which cause disadvantages for the investor, the tender side required the contractor to explain, clarify, in writing about the unusual price. If the contractor's explanation is not clear enough, no persuasion then this is skewed and false correction made under such provisions admit welcome content or lack of bids compared with the requirements of the tender dossier in accordance with article 30 of this Decree.

6. for package goods, construction, general contractor selection package (except package design general contractor selection), the case of the price bid after the fixes, false correction of the contractors are all beyond the package price was browsing the owner consider processed under one of the following solutions : a) allows the bidders are welcome back tender prices;

b) allows simultaneously with the welcome back the tender price will review the price of package, content bid was browsing, if necessary.

The case for allowing the contractor to be welcome back at the price bid shall specify clearly the time to prepare and submit the profile Hello again (within maximum 10 days) as well as clear rules to open the profile Hello open bidding process as prescribed in Article 28 paragraph 3 of this Decree. Case should adjust the package price in bidding was browsing the authority responsible for approval of adjustments in maximum time is 10 days (be sure before the expiration of the filing welcome back price) from the date of receiving the report of the investor.

c) allow invited contractors to bid the lowest rating on negotiations on price but must ensure the following price negotiations not exceeding the price bid after the fixes, false correction. Case should adjust the package price in bidding was browsing the authority responsible for approval adjusted during a maximum of 10 days from the receipt of the report of the investor. The case of the negotiations not succeed, the contractor had underestimated the price next to the negotiations.

The owner is responsible before the law about the results of their negotiations on the basis of ensuring the following conditions:-package that is made in the form of extensive bidding;

-The process of tender are conducted properly process and ensure competition, transparency, fairness;

-Do Not exceed the total investment has been approved, the effect of the project still to be secured.

7. where only one bid to pass the technical evaluation steps do not need to define an aggregate score (for the package of consultancy services do not require highly technical), do not need to define price reviews (for the package of goods, construction and contractor selection package build except for general contractor selection package design) that just defines suggested price winning bid to be the basis of the review results. For package goods, construction, general contractor selection package (except package design general contractor selection), case reviews recommend the contractor's bid exceeded the approved package price then processed according to the provisions in paragraph 6 of this Article.

8. where two tenders are the best evaluation results, peer (about the score or price reviews) then will consider awarding the tender for the contractor has suggested a lower bid price for the package of goods, or for construction contractors have higher technical specifications for tenders consultancy services do not require highly technical , except in the case of incentives as stipulated in item 2 article 4 of this Decree.

9. In the course of negotiations, finalizing the contract, case needed the additional reasonable workload beyond the scope of the work in the bid but lead to a contract price exceeded the price winning bid, then the bid side owner reviewing reports, decision but the price was signed not exceed the price of tenders estimation, been browsing. The case goes beyond the price of package, estimated to be browsed without leading to increase the total investment, the investor consideration, decided not to do the procedure of adjusting the price of package in the bidding was browsing.


10. in case the suggested price winning bid proposed by the tender side of abnormally low or below fifty percent (50%) of the price of package, or browsing the estimation before approving the bidding results, investors can take out appropriate measures such as establishing interdisciplinary appraisal to a closer assessment of contractor's tender or giving the France match in the contract to ensure the feasibility for implementation.

11. where the implementation of selected, choose from the list of bidders to tender invitations that have less than 3 contractors meet the requirements, then the owner pursuant to specific conditions of tenders processed in one of two ways: a) conducting additional selected additional options, on the short list of bidders. In this case, the contractor is assessed to meet reserve results reviews without having to redo a project profile selected, the profile of interest but the bidder must propose the contractors for this updated information about ability and experience;

b) allow immediate release tender for contractors in the short list.

12. in case the bid regulations proposed contractor construction measures with other construction measures stated in the tender, the difference between the volume of work under construction measures outlined in the bid and the workload according to the measures proposed by the construction contractors will not be calibrated according to the provisions of article 30 of this Decree. Other false part is also not being counted in the wrong to remove tenders according to the provisions of article 45 of the law on tenders.

13. where the contractor has a discount, the fixes and false correction was made on the basis of the bid price not subtracting the discounts. In that case, the determination of the absolute value of the arithmetic errors or discrepancies are calculated on the basis of the tender price stated in the invoice.

14. When approving the list of bidders are invited to join in the bidding limit, case 1 or 2 the contractor, the owner reported the review authority, the decision to allow continued limited tender or application form of alternatives. Case of 3 or 4, then the contractor the investor considering allowing bid soon for the contractors in the brief list or extend the time to identify more bidders take on the short list.

In addition to the cases mentioned above, when the situations arise tender side owner reviewing reports, decision.

Article 71. The resulting browser profile selection of contractors on the basis of results browser profile selection of contractor tender side, the owner, decided to review the results of choosing contractors. Browser profile results selected contractors to report results include the choice of contractors and related documents.

1. Report the results of choosing contractors include: a) the legal basis of the implementation of the choice of the contractor;

b) the contents of the package;

c) the process of organizing the selection and evaluation of tenders or proposals of contractor profile;

d) recommendations on the results of choosing contractors include:-the name of the recommended contractors choose (even the name subcontractors if necessary). The case is Associates contractor to name all members in the partnership;

-Suggested Price winning bid or proposal made package prices (including taxes if applicable);

-Form of contract;

-Duration of the contract.

The absence of choice is the contractor must then outlined the next process.

2. Related documents include: a) snapshot of the investment decisions and documents to investment decisions; Business registration certificate, certificate of investment or decided, the Treaty or international agreement (if any); procurement plan;

b), tender dossiers;

c) establishing expert decision, bidding the lease bidding advice, professional organization of the tender;

d) project the contractor submitted tenders, records suggest, opening bid thereon;

DD) The tenders, proposals and record the document clarifies, amends and supplements;

e) report assessing tenders, records of the proposed procurement specialist, consulting tenders, the bidding organization professional;

g) approved the text of the content of the selected contractor as prescribed;

h) minutes of contract negotiations for the package of consulting services;

I) comments on the results of selection of contractors foreign funding organization (if any);

k) other related documents.

Article 72. Bid evaluation, records requested and the results of choosing the contractor 1. Bid evaluation, the profile requires a) content evaluation include:-check the document is the base to create tender, records requested;

-Check the content of the tender, the profile required;

-Detects the missing content, unclear, inconsistent of the bid dossiers, with objectives, scope of work and the duration of the project, procurement legislation and other relevant laws;

-The different opinion (if any) between the individual institutions involved set up tender, records requested;

-Other content if available.

b) report evaluation includes the following contents:-overview of project and bid packages: the main content of the project and the bid package, the legal basis for establishment of the bid, the profile required;

-Summary of the main contents of the package;

-Legal review, about the existence of the content of the tender, the profile required; recommendations regarding the need to modify content to approve the bid, records requested;

-Other content if available.

2. Evaluation of the results of choosing a contractor) content evaluation include:-check the document is the base of the organization selected the contractor;

-Check the process and time related to the Organization of the contractor selection under the rules: time posting tender information, the release of tender, records requests, time to prepare tenders, records suggest, the tender closing time, the time of the tender opening, time to evaluate tenders , records suggest;

-Check the content reviews bids, record proposal: minutes of reviews and comments received reviews of individual experts, report of expert evaluation of the tenders, consulting tenders, the bidding organization professional (if any), the compliance of the tender evaluation the proposed profile, compared to the requirements of the tender dossier, requirements and evaluation standards, the level of accuracy of the reviews;

-Detects the content was not clear in the results browser profile selection of contractors;

-The different opinion (if any) between the crew members bid expert, between consulting tenders, tender with the tender side.

b) report evaluation includes the following major contents:-overview of project and bid packages: the main content of the project and the bid package, the legal basis for the Organization of the contractor selection;

-Summary of the process of implementation and the Agency's recommendation about browser results select contractors;

-Legal review, about the process, about the Agency's proposed browser;

-comments on the results of selection contractor or measures for those cases not sufficient basis to conclude about the results of choosing contractors.

3. the evaluation report is sent simultaneously to the tender side.

Article 73. Foreign contractor management 1. After being selected to implement the package on the territory of Vietnam, foreign bidders must comply with the provisions of the law of Vietnam regarding entry, exit, export, imports of goods registered the staying regime, accounting, tax and other provisions of the law of Vietnam in relation except where otherwise specified in international treaties to which the Socialist Republic of Vietnam is a member or the international agreement that the Agency, the competent organizations of the Socialist Republic of Vietnam has signed.

2. Within 15 days from the date of the contract concluded with a foreign contractor, the owner of the project is responsible for submitting the report in writing, by electronic mail in the form outlined in annex III of this Decree of the Ministry of planning and investment, at the same time sending The industry management (for projects in the scope of management of the Ministry or by the Minister of the decision investment), the Ministry of construction (for tenders in construction activities) and send it to the Department of planning and investment in local (for projects in the local management scope) to aggregate and track.

Article 74. The test of tender 1. The Ministry of planning and investment, the organization test of bidding on nationwide. Ministries, ministerial agencies, government agencies, other agencies in the Central Government, the local people's Committee is the Steering level checking about bidding for the unit in the scope of his management and his projects investment decision. For the local planning and investment is responsible for helping the people's Committee of the city, centrally hosted, hosted check on local procurement.

2. Check the bidding is conducted regularly scheduled or unscheduled (when there are problems, recommendations, suggestions) according to the decision of the authority of the Agency.

3. check the contents in the bidding include: a) check the certificates of training, the fostering of a tender, the certificate relating to the qualifications of staff, procurement specialists and other legal documents related to the process of selection of contractors;

b) check the construction and plan according to the following:-the legal basis;

-The content of the plan, the reasonableness of the Division of tenders and contractors selection form to apply for tenders;

-The progress made under the plan in the bidding was browsing. The adjustment plan (if any) and reasons for adjustments;

-The browser and plan approval.

c) check the Organization the choice of contractors to perform tenders according to the following:-The compliance with the legal basis to be browsed as bidding, bidding, records requested;

-The order and the time taken.

d) discovered the existence of bidding and propose remedies.

4. After finishing the test, must report the test results. Inspection Agency is responsible for tracking the fix exists stated in the conclusions to the report the test results.


5. test report contents include: a) the legal basis;

b) test results;

c) commented;

d) recommendations.

Article 75. Bidding activity monitoring of community supervision bidding activities of the community are carried out under the provisions of the law on the supervision of the investment community.

Chapter XIII the TERMS OF IMPLEMENTATION of Article 76. Enforcement instructions 1. For bidding, records request, interested, invite selected records be released before October 1, 2009 shall follow the rules of the bidding Law and Decree No. 58/2008/ND-CP dated May 5, 2008. Specifically about the decentralization of responsibilities in the tender, made under the provisions of the revised Law from 1 August 2009.

For bidding, records request, interested, invite selected records be released from August 2009 to the day before the Decree has effect, the following provisions of the revised Law, procurement law, and Decree No. 58/2008/ND-CP dated May 5, 2008.

For bidding, records request, interested, invite selected records released since this Decree takes effect is done according to the law on tenders, the revised Laws and decrees.

2. Ministry of planning and investment to guide the implementation of the provisions of article 5, article 7, article 34, article 67 and the other necessary contents of this Decree in order to meet the requirements of the State management of bidding.

3. Ministry of planning and investment to host, in cooperation with the relevant agencies to build the network bidding countries and routes apply; construction management, operations and guide the implementation of network bidding.

4. The Ministry of Finance shall guide the implementation of the provisions in clause 2 article 1 of the law of tenders on projects using state capital to shopping the property to maintain normal operations of State agencies, political organizations, social-political organizations, social-political organizations of career , social organization, social-professional organization, the people's armed units.

5. The Ministry of finance guidelines on the types of costs related to the process of selecting contractors.

6. Industry Guide to export-import cargo of the contractors.

7. The Ministry of labour, invalids and Social Affairs, in collaboration with the Ministry of finance and the relevant management authority to enact regulations on the wage of the category of consultants in the country as the basis for determining the value of contracts and consultant contract forms applicable according to the time specified in article 51 of the law on tenders and article 50 of the Decree This time.

8. The ministries, ministerial agencies, government agencies, other agencies in the Central Government, the provincial people's Committee in the scope of his management guide details some of the content of this Decree (if necessary) but sure not contrary to the provisions of this Decree.

9. Ministers, heads of ministerial agencies, heads of other central bodies, the Chairman of people's Committee appointed a Deputy-level levels directly responsible for public works tenders within the sector or local management. During the implementation of this Decree, if these arise, problems to report the Prime Minister to review the decision. Annual recurring, ministries, ministerial agencies, government agencies, other agencies in the Central Government, the provincial people's Committee, the business due to the Prime Minister decided to send the report the implementation of bidding on Ministry of planning and investment to the synthesis report from the Prime Minister.

Article 77. Effective enforcement of this Decree has effect as from December 1, 2009. From the date of this Decree, effective enforcement of the Decree No. 56/2008/ND-CP dated May 5, 2008, Government decision No. 49/2007/QD-TTg dated April 11, 2007 the most effective. The previous regulations of the Government, ministries, ministerial agencies and localities, contrary to the provisions of the law of tenders, construction Law, revised Laws and decrees are repealed.