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;

Considering the recommendation of the Minister of planning and investment, the Minister of construction.

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 Congress and guiding the implementation of the selection of building contractor by 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 of the bidding plan, the result of choosing the contractor for this project made under 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 dossiers;

3. the proposed profile is the whole of the document proposed by the contractor at the request of records requested and submitted to the tender according to the rules outlined in the profile required;

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

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 tenders;

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).

Article 3. Ensure competition in bidding for content about ensuring competition and the route taken is specified as follows: 1. ensure competitive requirements prescribed in article 11 paragraph 1 of point a bidding is done as follows: a) the contractor reporting feasibility studies (projects) are involved in the bidding up of technical design drawing, design, design technology to before 1 April 2009. In this case, on the bidder must offer bid with full of information, relevant documents including the feasibility study report (investment project) and to ensure enough time for the contractor to have equal conditions in the process of preparing draft profile ensuring fairness in the tender;

b) the contractor has established technical design, construction drawing design, design technology for the package is not involved in the bidding, construction supply goods for that package since this Decree has effect, except for EPC packages. The contractor has established technical design, construction drawing design, design technology for tenders may join the bidding offers consultancy services tender, tender evaluation, monitoring the implementation of the contract for that package.

2. 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 points b and c of paragraph 1 of article 11 of law tenders when meet the following conditions : a) is not the same in a State Agency, the people's armed forces, the decision established, except for the contractor's business has converted and operating under the enterprise law 2005;

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

The provisions of this paragraph be made since April 1, 2009.

3. 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 an agency to manage and financially independent of each other as defined in article 11 paragraph 1 d of the bidding when the meet the following conditions : a) no shares or share over 50% of each other;

b) operating under the enterprise law in 2005 for the contractor's organization.

The provisions of this paragraph be made since April 1, 2009.

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 of the tenders 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. management training activities, fostering of tender the Ministry of planning and investment has responsibility for the Organization 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 fostering training activities of the training institutions through the report the implementation of bidding of ministries, sectors and localities;

b) build system data base training on bidding on the basis of the information due to the training provided.

3. conditions to the grassroots organizing training activities, fostering a) has a business registration certificate or decision established in respect of establishments without business registration certificate in accordance with the law;

b) has a teaching staff of bidding.

4. the certificate conditions of tenders a certificate is granted to) 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.

5. 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 and course certificate for students as prescribed;

c) periodically and annually report the Ministry of planning and investment; Ministries or local related to track, aggregate.

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 500,000 and a maximum 30,000,000 VND.

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 30,000,000 VND 2,000,000 VND.

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. Posting of information on tender prescribed in article 5 of the law on bidding is done free of charge to the Organization, agencies submit information to be posted.

2. The agency responsible for unit management and Newspaper operations operating tenders, electronic information page about the tender business units have currency.

3. The tender Notice was released daily.

4. Provide information on bidding a) responsible for providing info-ministries, ministerial agencies, other agencies in the Central Government and the people's committees of all levels 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 5 days before the expected day of posting 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 slowly as 10 days from the date of signing the text.

Providing information and schedules posted 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 tender and the following specific rules: a) the owner or the person authorized owner is responsible for approving records requests in less than 10 days from the date of the application approval sheet requirements of parties bid evaluation report or the records required (if there).

b) Who decide to invest or authorized persons are responsible for approving tender within a maximum of 10 days from the date of the valuation report of the Agency, the Organization for the appraisal; approval or comments about processing results choose the contractor bids within a period of not more than 15 days from the date of the Agency's evaluation report, valuation Organization (for the package by the Prime Minister for approval shall follow the working of the Government Regulation);

c) effect time of the tender must be specified in the tender song the maximum is 180 days from the time of bid closing. 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 decisions and the materials to investment decisions; Business registration certificate, certificate of investment. For the preparation of the project pursuant to the decision of the head of the Agency preparing the project.

2. International treaties or international agreements for the projects using ODA.

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 the name.

2. package Price package Price (including redundancy) is determined on the basis of the total cost or total investment estimated to be browser (if available) and the related regulations. For 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.

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 Indicated (domestic, international, if selected) under the provisions of article 24 to 18, from bidding and 97 of the Act; the method of bidding under the provisions of article 26 of the law of tenders. Case of need apply applicants for tenders not in clause 1 Article 32 of the law of tenders, should apply the procedure selected list of invited contractors to tender advice and should choose the personal advice investment decisions specified in the bidding plan.

5. The time of choosing the contractor Stated time organizing the selection of contractors to ensure the package execution progress of the package.

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.

7. Duration of the contract duration of 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 the investment decision or the 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 owner, the unit was tasked with preparing the project is responsible for the planning, bidding up the head of his Agency (the task) for review and approval. In this case, the head of the relevant agency responsible to appoint a subsidiary organization of the evaluation plan before approval.

2. a browser profile) browser text plan include the following: content-part of the work was done including the work related to the preparation of the project with the corresponding 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 and 97 of the Act;

-Part plan includes the formation of package of work done by one of the forms specified contractor selection from Articles 18 to article 24 of the law of tenders and 97 of the law on construction, including jobs such as demining, construction of resettlement insurance, public works, training; 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. The case does not apply widely, the tender must specify the reason.

The total value of the part of work already done, the work does not apply to the contractor selection and form part of the work in the bidding plan is not exceeded 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 to the browser when the browser text 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 the bidding process of the approved investment decisions.

2. Approval of the plan Who decide to invest or authorized investment decisions or the head of the Agency preparing the project responsible for approving the bidding plan within a period of not more than 10 days from the receipt of the report of the Agency, the Organization for the appraisal. 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. The selected contractor was done according to the provisions of art. 32 of the law on tender Thing.

2. in case of need apply applicants for tenders not subject to the provisions in clause 1 of this article, the people who decided to invest in the plan provisions.

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 for each type, the level of construction works under the provisions of the construction Act.

2. notice soliciting applicants


Notice inviting applicants (according to the model instruction of the Ministry of planning and investment) must be posted on the tender Notice 3 States in a row and on the electronic pages of information about tender; for international tenders have to be posted simultaneously on an English-language newspaper was widely released. After posting the above regulations can be posted on the mass media. Selected documents are provided free of charge to the contractor after 10 days from the date of first posting notice inviting applicants to be extended to the time of the expiration of the filing job projections (close selected).

3. Receive and manage job applications time to prepare applicants for a minimum of 7 days for domestic bidding and 15 days for international bidding, the first since the release of selected documents.

Tender side receiving applications selected by the contractor to submit and manage a records management "Suite". 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 will not be open and return the bid side contractors under the status quo.

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 of selected results.

6. reporting selected results after investors approved the results selected tender parties responsible, informed in writing about the results selected to attend selected contractors and invite the contractors hit selected to participate in the bidding.

Chapter IV the SPACIOUS TENDER and BIDDING PACKAGE of RESTRICTIONS on CONSULTING SERVICES 1. The BIDDING PROCESS for CONTRACTORS is article 15. Preparation of tender 1. Choose from the list of bidders to invited tenders depending on the nature and the specific conditions of each package, when implemented broadly bidding, investors can now bid notification under the provisions of paragraph 4 of this Article or apply the selection procedure the list of advice to contractors invited to participate in a tender song must be people who decide to invest approval in the bidding plan. Selection procedure the list of advice to contractors invited to participate in the bidding are made 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 to tender Notice posted on 3 consecutive period and on electronic information page about tender; for international tenders have to be posted simultaneously on an English-language newspaper was widely released. In addition to posting as defined above can be posted simultaneously on the mass media;

-Since first posting the notice inviting submission of tenders, the party concerned the free release of records invite interested contractors wishing to attend to before the deadline runs out of concern;

-Time to the contractor prepared the record concerned a minimum of 15 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, select and process owner for approval a list of contractors invited to participate in the bidding.

b) for limited bidding: bid the minimum selection Party 5 contractors are considered qualified, experience (as defined in article 19 of the law of tenders) and wishing to participate in the bidding process of the owner approves the list of bidders to participate in the bidding. The case does not have sufficient minimum number 5 the contractor shall report owner who decided to invest or person authorized to consider, decide the direction or are invited to soon list the existing practice or contractors is extended time to search more contractors. In the case of renewed but not search for more was the contractor, the contractor, the fact we have.

2. Establish a bid) set up base bid:-investment decisions and documents to investment decisions; Business registration certificate, certificate of investment;

-Approved plan;

-The provisions of the law of tenders and the provisions of relevant laws; international treaties or international agreements the 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 Organization was given the task of preparing the projects to base the related text to set the bidding process of the head of the Agency preparing 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, article 8 of the law of tenders;

-The contractor cannot guarantee under conditions stipulated by Law;

-Do not have the original tender;

-Single tendering is not valid;

-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 of tenders;

-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. Approval of the bid Who decided to approve or authorize the owner to approve bidding under the provisions of article 60 of the law of tenders on the basis of the Agency's evaluation report, evaluation organizations.

4. Bid a bid announcement): where does not apply the procedure of selecting contractors list advice to invited tenders, tender notification owner (according to the Model instruction of the Ministry of planning and investment) on tender Notice 3 consecutive period and on electronic information page about tender; for international tenders have to be posted simultaneously on an English-language newspaper was widely released. 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 list of contractors invited to bid under the provisions of paragraph 1 of this article. The tender invitation content created according to the template outlined in annex I 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 be considered to meet the technical requirements.

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



given that In P]:-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:


Evaluation standards technically are constructed 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 selection of the list of contractors invited to participate in the bidding), the contractor on the list invited tenders (case applied the selection procedure the list of contractors invited to bid for spacious and tender bidding limit) with the selling price are specified in clause 1 6 of this Decree. For contractors only need an associate membership in associates purchase bid;

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 bidding restrictions, through the step of choosing the list of bidders to participate in the bidding, 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 must ensure the competitiveness , fairness, 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 following tender closing time tenders are considered not valid and was sent back to the contractor under the status quo. Any material would be sent to the contractor after the tender closing time to additional amendments submitted tenders are considered invalid.

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, specifically the following: 1. a preliminary evaluation) to check the validity of the proposed technical profile according to the requirements of the tender:-validity of the bid. 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 text codeshare agreements;

-The validity of codeshare agreements. In the codeshare agreements must clearly delineate 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);

-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 are considered to 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, article 39 of the law on tenders and 71, article 72 of this Decree.

2. Approving the bidding results comply with the provisions of article 40 of the law of tenders.

3. tender result notice made under the provisions of article 41 of the law of tenders, in particular right after getting the decision approved the bidding results, on the bidder must submit written notice of bidding results to the participating contractor, private contractors for bidding have to submit plans to negotiate , finishing 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 bidding Law, section 2 of Chapter VI of the law building.

2. where the negotiations, the completion of the contract, the owner did not report the investment decision to cancel the decision approving the bidding results and consideration, 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. The choice is personal consultant


Depending on the nature, content and scope of the consultation, the investor deems individual consultants have been work independently without many experts or professional support from individuals or other organisations or the use of a personal consultation is beneficial, the owner reported the approval in investment decision 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 to process owner review, approval. 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 the minimum selection Side 3 records of 3 scientific expert advice consistent with the requirements outlined in the terms of reference, the process owner review, approval; actual cases are less than 3 then the consultants to report investor review decision.

3. bid invites Parties assess the response of the consultants according to the vitae profile on the basis of terms of reference for the selection of experts meet the requirements process owner review, decision.

4. On the basis of the draft contract, the terms of reference and other related information, tender side to conduct negotiations with the recommended consultant selected.

5. Pursuant to the report of the bid side, the investor approval results option and signed the contract with the selected consultant.

Chapter V BROADLY BIDDING and TENDER RESTRICTIONS for GOODS PACKAGE, CONSTRUCTION Items 1. BIDDING STAGE 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 decisions and documents to investment decisions; Business registration certificate, certificate of investment;

-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 the 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 competence of the contractor should ask contractors song confirmed information about the capacity and the experience that the contractor has declared in the selected project profiles;

-Tender 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" after the catalog, brand or origin raised and regulated equivalent concept means have the same technical characteristics , featuring the use of equivalent goods is stated. For specific commodities, complicated, should require contractors to submit sales license in the copyright of the manufacturer;

-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;

+ 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 the 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;

+ Total 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);

+ Do not meet the conditions of competence according to article 7 of the law on construction;

+ Contractor in violation of prohibited behavior in bidding under the provisions in article 12 of the law of tenders;

+ 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 (according to the model instruction of the Ministry of planning and investment) on tender Notice 3 consecutive period and on electronic information page about tender; for international tenders have to be posted simultaneously on an English-language newspaper was widely released. 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 I attached to this Decree to the contractor on the list are invited to join in the bidding limit or list of contractors pass the shortlist. 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. General provisions of the standard technical assessment 1. Using the method of grading a) using a scale (100, 1000, ...) 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 (except general contractor selection 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 are considered to meet the technical requirements 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 are considered to 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 on the technical side of the 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 respect to the content that is considered to be 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 the cost on the same premises (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, business administration;

b) production capacity and sales, technical facilities, professional staff levels;

c) financial capacity: total assets, total liabilities, working capital, revenue, profit, 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 offered goods;

c) possibility of installation of the equipment and technical capacity;

d) level to meet warranty requirements;

DD) adaptability geographically;

e) the impact on the environment and measures;

g) ability to provide financing (if requested);

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

3. content determined price reviews identifying price reviews is to identify costs on the same ground on technical, commercial, financial and other factors in order 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;

-Bug fixes;

-Correction of the distortions;

-Convert the tender price (after fixes and false correction) to a common currency (if available) to do the base price reviews;

-Put the costs on a ground to determine price reviews, including: + technical conditions such as: progress made; capacity, the performance of machines and equipment; power consumption, natural raw materials; 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, working capital, revenue, profit, 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 technical design profile 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. content determined price reviews identifying price reviews is to identify costs on the same ground on technical, commercial, financial and other factors in order 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;

-Bug fixes;

-Correction of the distortions;

-Convert the tender price (after fixes and false correction) to a common currency (if available) to do the base price reviews;

-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 tender specified in clause 1 article 6 Decree This time. 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. Prepare, accept, modify or withdraw bids 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 in 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 of the tender package.

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 on the 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 particular, the following: 1. a preliminary evaluation) to check the validity of the tender:-validity of the bid. 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 text codeshare agreements;


-The validity of codeshare agreements. In the codeshare agreements must clearly delineate 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 (if required);

-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 is that the assessment of abilities, experience of contractors can be made in the steps preliminary assessment for all contractors 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, then continue to assess 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 completion of contract negotiations 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 rules: a) for arithmetic errors include errors 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 the fix;

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

b) for 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 shall be considered misleading 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.

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

After the fixes 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 these distortions is the adjustment of the contents of the lack or excess of bids compared with the requirements of the bid as well as adjust the differences between the parts of the tenders; between the technical proposal and the financial proposals; between numbers and letters; between content in single tendering and other parts of the tenders. The false correction is made as follows: a) 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 get the price low-Hi (if superfluous) among other bids 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;

b) where there is discrepancy 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 false correction;

c) cases are not consistent between numbers and text, the written word as the basis for the false correction;

d) where there is discrepancy between the price recorded in the single bid (except off) and reviews in general tariff shall be considered this skewed and editing is based on the price stated in the general tariff after edit and correct the error according to the tariff details.

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, article 39 of the law on tenders and clause 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, section 2 of Chapter VI of the law building.

b) where negotiated, finalized the contract does not become the owner reported the investment decision or the person authorized to decide to cancel the previous tender results and consideration, decided the next-ranked bidder to have a legal basis to invite into the negotiations, the completion of the contract; in that 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 member of the partnership will perform separately guaranteed bids but make sure of not lower than the level value 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;

b) associate members the agreement 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 goods package, select package or construction general contractor construction (except general contractor design) are priced below the 3 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; no need to determine the price in the process of evaluating tenders. 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) Have reviews bids after the fixes, lowest false correction;

DD) Have suggested price winning bid does not exceed the price of tenders.

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 from the date of release of the bid. Case of need tender, tender side should inform 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 12 days from the date of the bid opening until the owner has reported the results of the bidding process who have the authority to review the 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 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 tender specified in clause 1 article 6 Decree This time. 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 bids have internal records management mode under "Suite".

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 stage II 1. Establishment of the bidding 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 the selling price with the stage I provided for 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 of the tender specified the application form specifies the bid must be approved in the plan on the basis of compliance with the provisions of article 20 of the law on tenders and 101 of the law building.

The special case specified contractor specified in point 101 of the Law Article paragraph 1/e construction, including: 1. The cases stipulated in decision No 49/2007/QD-TTg dated April 11, 2007 by the Prime Minister;

2. Package of consulting services, reviews the strategy report, planning in case the owner must guarantee to prove only the single contractor capable of meeting the requirements of the tenders and the owner must take responsibility before the law about its decision;

3. Package of consulting services and reporting feasibility studies, investment reports;

4. Package of consulting services and reporting feasibility studies, investment projects in case of urgency and the owner must guarantee clearly defines the capacity and experience of the contractors meet the requirements of the tenders; the case is not urgent then to tender;

5. Tenders in the construction of the monument, reliefs, the monumental works of art associated with copyright from creative work to the construction works;

6. With respect to the requirement in the national target program, the program 135: where local communities have then delivered to the local people that make; the case has many organized in local unions wishing to join the institutional choices make the most effective implementation. The Ministry of planning and investment in coordination with related agencies process guidelines specify the contractor apply to this case;

7. The Prime Minister approved the project directory, the urgency for the sake of national security, energy security as specified in point c article 20 paragraph 1 of the law of tenders on the basis of proposals of the ministries, ministerial-level agency heads, heads of other central bodies , Chairman of the provincial people's Committee, the Board of the State enterprises and the appraisal text about this project directory of the Ministry of planning and investment. On the base directory of the project are Its expansion the Government approval, Ministers, heads of ministerial agencies, heads of other central bodies, the Chairman of the provincial people's Committee, the Board of the State enterprises have related projects approved and is responsible for the appointment of the tender bids in the projects that under the provisions of the law of tender;

8. other special circumstances due to the Prime Minister decides on the basis of proposals of the ministries, local, business related projects and assessment reports of the Ministry of planning and investment.

Article 41. The specified tender procedure 1. Process specify the bid for a package (except package price below 150 million), including: a) and release the requested records;

b) preparation of the proposed profile;

c) reviews, review proposals and talks on the proposals of contractor;

d.) browsing, appraisal and approval of the results indicated the bid;

DD) negotiations, finalizing and signing the contract.

2. The records required a record-setting bid) on request, for consulting services package does not need general assessment criteria stated; for goods package, select package and construction general contractor construction (except general contractor selection package design) do not need the above mentioned elements to determine price reviews. The base of the scale, the nature of each package that lays out the specific requirements in the profile song requests should make sure to have the following content:-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.

b) investor is responsible for approving records requested under the provisions of clause 2 article 2 of this Decree to tender side to send the recommended contractors prepare bids specify the proposed profile.

3. the proposed contractor records are suggesting the tender documents proposed on the basis of the dossiers, including proposals on technical and financial proposal, trade.

4. Reviews, review proposals and talks on the proposals of contractor a) 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 organizational measures in construction of the required profile;

b) recommended contractors hit by specifying the bid when the proposed profile 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 estimates (package price) are browsing for packages.

5. The browser, appraisal and approval of the results indicated the bid


a) on the basis of the report indicated the bid results, the evaluation report, the investment decisions of approval or approval authorized results specify the bidding package of consulting services are priced from 500 million package, package goods, construction bids, choose general contractor for construction (except general contractor selection package design) package priced from 1 billion or over; owner approval results indicated consulting services package is priced below 500 million package, package goods, construction cost under 1 billion package for the package in the project stipulated in paragraph 1 and paragraph 3 article 1 of the law of tenders;

b) with respect to the requirement to perform the tender specified in project specified in point c article 20 paragraph 1 of the law of tenders, the owner reports the results indicated the bid up authority or person authorized under the provisions of Article 7, paragraph 40 of this Decree.

6. complete contract negotiations, and signing of 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.

7. 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, then the bidding contractors do not have to follow the rules from clause 1 to clause 6 this but not more than 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.

8. The case was allowed to apply the specified form for contractor bids made prior to the investment decision, the Organization was given the task of preparing the projects proceed in the preparation and approval of the estimated costs as defined in paragraph 3 article 20 of the law on tenders. In this case, the estimate is the value corresponding to the volume of work was the head of the Agency preparing the project for approval.

9. for package of consulting services are priced below 500 million package, package goods, valuable construction bid packages under 1 billion in improvement projects, repair of large State enterprises as defined in paragraph 3 article 1 of the law of tenders are applied specifies the bid when necessary but be sure to specify the prescribed bid process from account 1 to paragraph 6 of this article, except as stated in paragraph 10 of this Article.

10. With regard to the requirement that the price bid packages under 150 million, when applying the specified form should follow 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 the contractor was suggesting. Content of the draft contract includes the requirements for the scope, the content work needs done, duration, quality of work, service, goods 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.

Chapter VII the OTHER CONTRACTOR SELECTION FORM Article 42. Shops directly applying direct shopping form must be approved in the plan 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) update capabilities 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 live shopping, evaluation reports, the investment decisions of approval or approval authorized direct shopping results.

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 touted investor approval request offer. The profile requires touted include the technical requirements as the quantity, standard, specification, supply period, the time limit for the validity of quotes, time quotes, filing 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 was shown in profile asking touted.

2. Organize a tender Side) touted announcement touted (according to the model instruction of the Ministry of planning and investment) on 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. After the minimum period is 5 days from the date of first posting notice inviting tender side, releasing records required for contractors wishing to participate;

b) tender Side to release the records requested to contractors wishing to participate to ensure getting a minimum of 3 quotes from three different contractors. Time to prepare contractor quotes a minimum of 3 days;

c) contractors submit quotes to the bid by sending directly, sent by post or by fax. Every contractor who just sent a quotation;

d) tender Side is responsible for the security of information in the quotation of each contractor. Shortly after the end of the time limit for submitting a quote, tender text-setting party receiving the quote includes content such as: the name of the contractor, bid, sales conditions, duration of the quote and send this text to the contractors have submitted quotes.

3. Evaluate the quote a) tender Party reviews the quote was filed at the request of the requested records on the technical side. The quote is considered to pass the technical evaluation step when all the technical requirements were rated as "reach";

b) tender Side price comparisons of the quote meets technically to determine price has the lowest bid. 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 reported basis) the results touted by the tender side of the process, the evaluation report, the investment decisions of approval or approval authorized results touted for tenders have price bid packages from 1 billion; investors approved the results touted for packages have package rates under 1 billion;

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

Article 44. Self made the application form should 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 of options under the provisions of the law on bidding for a consultant to independent monitoring with the owner about the financial and organization according to the provisions of the law. The owner must provide the records necessary for supervising contractors perform the tasks specified in paragraph 2 of this Article;

2. 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.

3. When applying this form of execution, the investor must select a consultant for the monitoring of the content of the work that the law has regulated professions.

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

The case apply form of self-realization that have specialized legal regulations have to be monitored when made but there is no independent monitoring consultants interested or do not choose to be independent monitoring consultants because the package is done in the deep remote areas in accordance with the relevant applicable law, tenders whose value under 1 billion investor must then perform community supervision under the provisions of the law on the supervision of the investment community.

4. When applying the form of self-realization, 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 for package and is 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.


5. in the implementation process 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 was deemed incompetent self made tenders and violation of clause 14 article 12 of the law on tenders.

Article 45. Consultant selection architecture design construction contractor selection advice for tenders in the architectural design of buildings through the examination provided for in paragraph 3 to article 97 of the law on construction made under the provisions of article 102 of the law building.

Article 46. Selection of contractors in special cases 1. Based on the specific properties of packages that cannot be or is not eligible to apply to the contractor selection forms are specified from the 18 to article 23 of the law on tenders and 97 of the law on construction, the owner the prime contractor selection methods on the basis of ensuring the objectives of economic efficiency and competitiveness at the same time send to 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 made under the provisions of Decree law enforcement Guide.

Chapter VIII RULES of CONTRACT Article 47. The composition of the contract 1. The contract is part of the documents forming the contract to regulate the responsibilities 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 the additional material, the record bid request (if available);

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 person who had the authority to allow additional time to tune the workload before signing 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 by agreement 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 payments under the agreement 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 other than the specified form, 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, before signing the contract, the parties concerned should review the workload table by design, if the contractor (including specified contractor contractor) or the owner discovered the workload table crawls from inaccurate design the owner need to report who had the authority to review the decision, the additional workload to ensure conformity with the design. The case of the need to cut the workload to ensure conformity with the design, the client does not need to report the competent person. 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 volume of the work, the owner was compensated by agreement 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 tender multiplied by time 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 the contractor present and/or payment on the basis of the price agreed in the contract.

The total amount paid to the contractor under paragraph 1 and paragraph 2 of this Article shall ensure not exceeding the total of the value stated 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 contract for form under 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 tenders. 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 the contract which had the unit 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 contractor agreement 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, not based on the estimation as well as 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. Prime 1. For the project by the Prime Minister to direct investment decisions: a) approved plan;

b) approved or authorized approved contractor selection result;

c) approved or authorized approval of the handling of the situation in tenders, addressed recommendations in tender and process violated the law on tenders.

2. Approved or authorized to approve plans to tender, results indicated the bid packages in the project of national secrets, urgent project because of national interests, security and energy security as specified in point c article 20 paragraph 1 of the law of tenders.

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

Article 55. 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, led by the prime contractor package directly for approval: a. writing opinions about bidding, contractor selection result tenders of relevant projects by the Prime Minister directly;

b. be responsible for approval of the bid;

c. be responsible for approving the content of tenders under the Prime Minister's authorization.

2. for the project by yourself decide: a. investment plan approval;

b. approval or authorization to approve the bid, the contractor selection results of the project in the package, except for the results of the bid package specified by the Prime Minister directly for approval as defined in clause 2 Article 54 of this Decree.

3. Rules of hierarchy in the tender authority responsible for approving the bidding plan. Depending on the particularities of local branches that are approved or authorized approval of the bid; contractor selection result; the decision to handle situations in the bidding.

Article 56. 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. Be responsible for approving the content of tenders under authorization.

2. Approval of the plan, approved or authorized to approve the bid, the contractor selection result of the package in the project investment decisions by themselves.

Article 57. The Board or the Director of business 1. For the project by the Prime Minister that his investment decisions made: a. approve bid for tenders by the Prime Minister directly approved contractor selection result;

b. be responsible for approving the content of tenders under the Prime Minister's authorization.

2. for his project investment decision: a. approval of the plan;

b. approval or authorization to approve the bid, the contractor selection result for the project in the package, except the results indicated the bid for tenders by the Prime Minister directly for approval as defined in clause 2 Article 54 of this Decree.

Article 58. The Board of the business venture, joint stock companies and the legal representatives of the parties to the contract of cooperation 1. Approval of the plan and the results of the contractor selection of package in the project investment decisions by themselves.

2. Approved or authorized to approve the bid.

Article 59. The Agency organized the appraisal 1. The Ministry of planning and investment is responsible for evaluating the content of the following: a. procurement plan approved under the authority of the Prime Minister;

b. results of selection contractor bids by the Prime Minister directly;

c. the contractor selection approach in special circumstances direct Government by the Prime Minister for approval.

2. The Department of planning and investment is responsible for evaluating the content of the following: a. plan and results of selection of contractors for the requirement of the project by the provincial people's Committee Chairman, central cities directly;

b. bid package by Prime Minister delegated to provincial people's Committee Chairman, central cities and bid packages approved under the authority of the Chairman of the provincial people's Committee, the central cities, planning and investment or related majors responsible for chairing the evaluation;

c. results of selection of contractors for bids by the Prime Minister delegated to provincial people's Committee Chairman, the city approved centrally. 

3. Responsible for the evaluation of the Agency, held to be Ministers, heads of ministerial agencies, heads of other central agencies, the Board or the Director assigned to the business valuation Organization include: a. planning, bidding, bid results and selection of contractors for all packages of the project investment decision under the authority of the Minister of , The heads of ministerial agencies, heads of other central agencies, the Board or the Director of the enterprise;

b. bid, the contractor selection result for tenders by the Prime Minister for authorization, the heads of ministerial agencies, heads of other central agencies, the Board or the Corporate Director for approval.

4. for project investment decision under the authority of the President of the people's Committee in the city, County, district, town due to parts functions of planning, finance is responsible for evaluating the content of the bidding process.

5. for 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, the business cooperation of related work Division is responsible for evaluating the content of course the bid.

6. With regard to the package of investment decisions by the person authorized to approve contractor selection result, Commissioner responsible for regulating units bid evaluation and contractor selection result.


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 investment decision, 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. The time limit for solving 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 Advisory Council Chairman a. President 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. the Advisory Council Chairman-level ministries, ministerial 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. the 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. Activities of the Council the President a. Council decisions Council 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. the Advisory Council works according to the principle of collective, by majority vote, have reported the results of working process of the investment decisions consider, decide; each Member is entitled to reserve the opinion and responsible before the law for their comments.

4. the permanent division of the Advisory Board of permanent Division a. maid's 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. the standing parts to 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. Processing rule violation 1. The Organization, individuals are violations of the law on tender, then depending on the level of violation will be sanctioned under a or forms: warning, fine, all participated in the bidding. For officers, there are violations of the law of tenders shall be processed under the provisions of the law on public officials.

2. principles, handling procedures violated the decision enforcement procedure, sanctions are made according to the provisions of the law.

3. The decision to sanction must be sent to the Organization, individuals sanctioned, the Ministry of planning and investment and the relevant organizations, organs.

4. sanction decisions made in any locality, the industry would have effect on nationwide and in all sectors.

5. organizations and individuals sanctioned violation of procurement legislation have the right to sue off the Court.

Article 64. The Authority handles violates the law of tenders 1. The investment decisions are responsible for violating the law on tenders for the project by his investment decisions according to the provisions of article 60 of the law of tenders. The case of the investment decision violates the law of tenders the handling offense under the provisions of the law.

2. 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 organizations and individuals who suffer from persistent warnings from 5 times over prescribed in paragraph 4 to article 66 of this Decree.

Article 65. 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 following levels: 1. A fine from 5,000,000 to 20,000,000 copper contract for one of the following violations : a. Establish, appraisal, approval of the tender dossier, the request is not in accordance with the provisions of the law on tenders led to cancelled tenders;

b. evaluating tenders, records suggest, appraisal, approval of the results of selection contractor based on the requirements of the tender dossier, require the same standard of reviews comes falsify results choose a contractor or lead to cancelled tenders;

c. the contract is contrary to the provisions of law causing damage to the interests of the State;

d. violations lead to having to hold a tender back as the bidding organization when no bidding, bid, approved requirements profile.

2. Fine fellow to 20,000,000 50,000,000 Council for one of the following violations: a. mediation, collusion between contractors, all between contractors with the investor, on the tender, the tender, specialist consultancy tender, agency, organization, evaluation, who approved the results of choosing contractors falsified the results of choosing the contractor that lead to cancelled bidding contractor selection or incompetent as prescribed in paragraph 3 article 10 of the law on construction;

b. the contractor performing construction contracts, provided the goods with a supervising contractor, agency, held trials to confirm the wrong about the quality of the work, goods.

3. In addition to causing damage to the benefit for the stakeholders referred to in paragraph 1 and paragraph 2 of this article, the consequences for other damage caused by the aforementioned acts causing or caused by other acts, the shape is also made under the provisions of the relevant laws.

Article 66. 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. violation of 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;

Sync violated the provisions in clause 7 article 12 of the law on tender, namely: The decision to allow investment projects 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. violation of the provisions in paragraph 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. violation of 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. violation prescribed 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. violation prescribed in clause 13 article 12 of the law on tender, specifically as follows:


-Single registration personal bid for the package in the project by the Agency, the organization that has the work earlier in the year, since getting the decision to stop work at the Agency, that organization;

-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. violate provisions in clause 16 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, construction;

l. violated the provisions in clause 17 article 12 of the law on tenders, in particular as follows:-The investment decision approving the bidding plan to allow the Organization the choice of contractors to perform capital requirement has not been determined;

-The investment decision approved contractor selection result when no credit commitments in the case allowed in bidding for tenders capital is due to contractor arrangements.

2. Prohibition of active participants in the bidding from 1 year to 3 years for one of the following acts: 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 tender, the tender specialist procurement consultant, agency, organization, evaluation of the results of selection of contractors contractors bid proposal is inconsistent with the requirements of the tender and the evaluation criteria stated in the tender dossier;

-Direct personal reviews of bids, evaluation results choose the contractor knowingly false or dishonest statements about the information falsified results choose the contractor, signing, perform the contract;

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

b. violation of the provisions of 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 text codeshare agreements; unless the contract otherwise;

-Transfer from contractors by 10% over the value to make (after excluding the work under the responsibility of the subcontractors) stated in the signed contracts to other contractors, unless there are legitimate reasons for allowing investment decisions;

-Owner, supervising approval to transfer the work bidders that have yet to be decided to allow investment, excluding the work under the responsibility of the subcontractors already declared in the contract.

c. violation of the provisions of clause 15 article 12 of the law on tenders.

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

b. violation of the provisions in paragraph 3 article 12 of the law of tenders;

c. violation of the provisions in paragraph 12 article 12 of the law on tenders.

4. organizations and individuals fined warned 5 times continuously will be prohibited from participating in the bidding activity in 6 months. The event organization, individuals continue to be violations of the law on tender for 2 more times then banned join the bidding activities respectively in 1 year, 2 years, 3 years.

Chapter XII OTHER MATTERS Article 67. The tender documents form 1. The tender document templates including sample documents selected for construction bid packages; bid form and the form the report reviews tenders for consulting services, package goods, construction; procurement plan template; 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 a police 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 in the case specified in clause 6 of this Article.

2. for the estimation of tenders are lower or higher than the browser package price had browsers then the estimate 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; in the case of estimation of the package owner approval is higher than the price of package has been approved by the competent person in the bidding, the owner must guarantee of higher value which is within the total investment of the project is successful, the event exceeded the 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 telephone, by electronic mail or in writing) to have the jurisdiction to consider , solved within a period not exceeding 4 hours in one of two ways: a. report the investment decision or a person authorized (except where competitive prices offer packages under 1 billion according to the provisions in point b below) allows for the extension of the time of bid closing or opening soon resumes submitted to conduct reviews;

b. report the owner for permission to extend the closing time selected, the time limit for submission of interest and submit a quote in order to further increase the number of bidders filing or open the right profile proposed for the case touted competition package priced below 1 billion to conduct the 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 the contractor to modify or supplement the records filed under the new requirements.

For packages approved under the authority of the Prime Minister, the handling of this situation will under the authority of Ministers, heads of ministerial agencies, heads of other central bodies, the Chairman of the provincial people's Committee in relation to the project. The case reported by phone or directly, then the owner to complete the procedure in writing within a period of not more than 10 days from the tender closing time, close the selected application expires, interest or proposal record salesman.

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 owner reported the investment decision to adjust its bidding plan package is the total estimated cost of the part; 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 considered misleading 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. For packages that use ODA donor cases, rules are not calibrated unit price bids of the bidders if bid party identifies the unit cost that is different, affecting the viability of the process of implementation of the contract then reported the investment decision or who is authorized to require contractors to increase the value of ensuring proper implementation with a maximum of 30% of the contract.

6. for package goods, construction, general contractor selection package (except design general contractor), case reviews bids after the fixes, false correction of the contractors are all beyond the package price was browsing the investor shall report in writing to the investment decision or the person authorized to consider processing decisions, according to one of the following solutions: a. allow the bidders are welcome back tender prices;

b. allow 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. The case need to adjust the price of package in the bidding was browsing the people responsible investment decisions approved 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 to adjust the base package price the price bid by the contractor after the fix, calibrate the lowest false and that contractors were invited to the talks but must ensure the following price negotiations not exceeding the price bid after the fixes, false correction of the contractor. The approval allows price adjustments in such cases must be responsible before the law for his decision 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 competitiveness, transparency;

The increase in the price of package that doesn't do 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 step (for the package of goods, construction and contractor selection package build, except general contractor selection package design) do not need to define price reviews which just defines suggested price winning bid to be the basis of the review results winning bid; 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, except in the case of incentives as stipulated in item 2 article 4 of this Decree.

9. where the proposed contract price exceeded the approved bid price, then the investor shall report in writing to the investment decision or the person authorized to review the decision.

10. in case the suggested price winning bid by the investor, the evaluators suggest that abnormally low or below fifty percent (50%) of the price of package, or browsing the estimation before approving the bidding results, who decided to invest or authorized person may take appropriate measures such as establishing interdisciplinary appraisal to assess more thoroughly on the Lake the contractor's bid or devise proper measures 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. report the investment decision or the person authorized to consider the decision allows for immediate release tender for the contractor, the contractor selected in the hit list of invited tenders;

b. the investor conducted additional, selected additional options on the list of contractors invited to participate in the bidding. 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 capacity.

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, in the process of evaluating tenders, determining the price bid will be made on the basis of the tender price recorded in the single bid after fixes and false correction value minus a discount under discount mail. 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 menu.

In addition to the cases mentioned above, when the situations arise tender side, the owner must report the investment decision or the person authorized to review the decision.

Article 71. The resulting browser profile selection of contractors on the basis of the review results reported selection of the contractor, the browser profile due to the tender side of the report, the investor reporting process of the investment decision or the person authorized to review the decision. Your browser profile owner about the results of selection of contractors including results reported selection of the contractor and the relevant 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 packages;

c. Organization of the process of choosing and evaluating bids 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, redundancy, slippage, if any);

-Form of contract;

-Duration of the contract.

The case does not choose the contractor must then outlined the next process.

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

b. bid, records requested;

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

d. list of contractors submitting tenders, records suggest, opening bid thereon;

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

e. report evaluating tenders, records of the proposed expert consultation, tender tender tender professional organizations;

g. approval of the text content of the process of choosing the contractor as prescribed;

h. report on negotiated contracts for package of consulting services;

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

k. other documents relate.

Article 72. Evaluation of contractor selection result 1. Content of evaluation include: a. check the document is the base of the organization selected the contractor;

b. check the process and time related to the Organization of the selected contractor as prescribed; the posted time tender information released, 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;

c. 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;

d. discovered what the content was not clear in the results browser profile selection of contractors;

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

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

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

c. commented on the legal side, about the process, about the Agency's proposed browser;

d. 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 the investment decision prescribed in clause 2 this is sent simultaneously to the owner, 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 of the signing of contracts with foreign contractors in effect, the investor of the project is responsible for submitting the report in writing, by electronic mail (according to the template outlined in annex II attached to 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 Secretary investment decisions), the Ministry of construction (for the construction and installation package) 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 levels checked about bidding for the unit in the scope of his management and his projects investment decision.

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

3. content check tender include:


a. check the certificate, 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 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. detecting 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. legal basis;

b. test results;

c. remarks;

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 projects that are not of national important projects that the Prime Minister has approved the investment decision prior to the time of effect execution of this Decree, the responsibility for approving the content of the next bidding this project under the authority of the Minister of , The heads of ministerial agencies, heads of other central bodies, the Chairman of people's Committee of the Board or provincial State enterprises under its management scope.

2. for the tender, records request, concern was released the day before the Decree has effect shall follow the bidding Law and Decree No. 111/2006/ND-CP dated 29 September 2006 from the Government. With respect to the bid, dossiers, documents of interest are released from the date of the Decree has effect shall follow the bidding Law and decrees.

3. Posting of information about bidding on tender Report and on pages of information about the electronic bidding; the rules of the bidding through networking, certificate course on tenders, the tender document model is made according to the instructions of the Ministry of planning and investment.

4. The implementation of paragraph 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, social organizations, civil society organizations-career people's armed units, under the guidance of the Ministry of finance.

5. Export and import of goods, the contractor bidding is done according to the instructions of the Ministry of industry and trade.

6. 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.

7. 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.

8. Ministers, heads of ministerial agencies, heads of other central bodies, people's Committee Chairman appoints 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 after 15 days from the date The report. From the date of this Decree, effective enforcement of the Decree No. 111/2006/ND-CP dated 29 September 2006, the Government's most effective. The previous regulations of the Government, ministries, ministerial agencies and of the local left with provisions of the law of tenders, construction Law and of this Decree are repealed.