DECREE Law Enforcement Guide to bidding and selection of construction contractor by law construction Law base GOVERNMENT government organizations on 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 the law on tenders also include spending in the form of purchase, lease, hire purchase. The project was implemented in the form of joint venture, business cooperation contracts, then the State capital equity participation from 30% or over is determined the corresponding base state stake involved capital, capital, capital stock;
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 document by the proposed contractors according to requirements and records are filed for the bidding party according to the provisions 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 (key).
Article 3. Ensure competition in bidding for Prime specifies appropriate route to make sure competition in bidding under the provisions of article 11 of the law on tenders.
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: bids of bidders subject to incentives, the aggregate score was 7.5% plus an 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 incentives needed plus an amount 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 incentives needed 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 goods except for the types of goods imported tax-free, charges and fees relating to import;
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) the individuals directly involved in procurement activities must have the certificate of training, professional training about tenders, except for the contractor;
b) the other individual 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 reporting of the implementation of the work of tournament the bid of the ministries and localities;
b) build data systems training institutions 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 and the Ministry of industry or local, relevant to synthetic track.
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 of 30 million.
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 of 2 million and a maximum of 30 million.
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. The newspaper about bidding 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. Agency, the unit released to the newspaper about the tender and electronic information page about the bidding works in the form of business units have currency.
3. The newspaper about tender be issued 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 and notice inviting submission of interest, time limit for providing information is the latest 15 days prior to the release date selected documents, bidding and interest profile; as for the announcement touted the time limit for providing information at the latest 10 days prior to the date of release is the profile required. 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.
The Ministry of planning and investment is responsible for detailing the information provider and the posted route info about bidding.
Chapter II PLAN article 8. Procurement planning base 1. Investment decisions and the materials is the basis for 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, total approved (if available).
4. capital for the project.
5. other legal texts concerned (if any).
Article 9. 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.
2. package Price package Price is determined on the basis of the total cost or total estimation, estimation and the relevant regulations.
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 or national profile if available) under the provisions of article 24 to 18 from the bidding and 97 of the law on construction, method of bidding under the provisions of article 26 of the law of tenders.
5. The time of choosing the contractor Stated time organizing the selection of contractors to ensure the package execution progress of the package.
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 10. Browse the bidding plan 1. Responsible for the browser client is responsible for the planning, bidding up the investment decision to review, approve, and 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.
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. Stated the basis of dividing the project into the package. For each package, be sure to have enough content to the provisions in article 9 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 8 of this Decree.
Article 11. Evaluation and approval of plan 1. Evaluation plan a) evaluation plan is conducting tests, reviews the content according to the provisions of article 8, article 9 and article 10 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 is responsible for investment decisions approving the bidding plan within a period of not more than 10 days from the receipt of the report of the investor, the Agency's evaluation report, organization of appraisal and the opinion of the relevant body (if any). The approved plan under the responsibility of the Prime Minister is made according to the regulations of work of the Government.
Chapter III article 12 CONTRACTORS SELECTED. 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 13. 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 template outlined in annex I attached to this decree must be posted on the newspaper about bidding for three 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 in the water. 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 applications selected tender Parties 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 to participate in the bidding.
Chapter IV the SPACIOUS TENDER and BIDDING RESTRICTIONS on CONSULTING SERVICES TENDERS in article 14. Preparation of tender 1. Choose from the list of bidders to invited tenders a) for extensive bidding:-investor approval to invite interested include the following content to request contractors concerned to offer: + capacity and the number of experts;
+ About the financial capacity;
+ About the experience.
Evaluation criteria concern was built according to the criterion of "hit", "not met" and should be stated in the documents concerned, including standards of capacity and the number of experts, about the financial capacity and experience.
-Notice invite interested applicants to be posted on the newspaper about bidding for three 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 in the water. After posting the above regulations can be posted on the mass media;
-After a time limit of 10 days from the date of first posting notice inviting submission of tenders, the party concerned the free release of records invite interested contractors wishing to attend the bid;
-Time to the contractor prepared the record concerned a minimum of 5 days for bidding in the country and 10 days for international bidding;
-Party bid evaluation concerns due to the contractor under the standard of review, the client approved list of contractors invited to participate in the bidding.
b) for limited tender: investors approved list of contractors are considered to have sufficient ability and experience to participate in the bidding.
2. Establish a bid) set up base bid:-the investment decision and the documentation is the basis for 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 of tenders; which must include the important requirements (prerequisites) to remove the tender, in particular the following:-the contractor are not named in the list of purchase bid, not registered to participate in the bidding, except in the case prescribed in clause 2 article 16 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);
-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 inviting Party) bidding to contractors in the bidding invitation list. The tender invitation content created according to the template outlined in annex II attached to this Decree;
b) time from when sending mail to bid when bid released a minimum of 5 days for domestic bidding, 7 days for international bidding.
Article 15. 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 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: fiscal Points (of the bids) lowest = P x (100, 1000, ...)

-----------------------------------P are considering in which: P low: the lowest bid price after the fixes and corrects discrepancies in the number of contractors has passed the technical evaluation.
P are: the tender price after fixes and corrects distortions of tenders are reviewed.
c) general assessment criteria:-standard reviews General built on the basis of the standard of review is technically and financially, in which gravity is technically not point specified is lower than 70% of the total score and the proportion of the financial point not higher than 30% of the regulations the total score;
-Aggregate score for a tender to be determined according to the following formula: point = Đkỹ%) + (K x art main Đtài x (G%)
Where: + K% key on the technical side (rule out).

+ G% financial key (specified in the aggregate scores).
+ Đkỹ: is the number of tender points are defined in the technical evaluation step as defined in point a of this paragraph.
+ Đtài: is the number of tender points are defined in financial evaluation step as defined in point b of this paragraph.
2. for package of consulting services, including consulting services build upon the provisions of the law on construction, high technical requirements: standard reviews technically built as defined in art. 1 of this article, in which a score of minimum requirements is technically not specified is lower than 80% of the total score on the technical side.
Article 16. Tender 1. Released a tender bid to sell) side bid to the bid closing time for the contractors in the bidding invitation list to sale 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, tender participant registration it must notify in writing to the tender side. Tender parties only consider when getting this message text before the tender closing time.
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 by days, hours, location 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 17. 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 legal representatives of each associate member sign in-text, except where the agreement has specified Partnership members in the partnership for top affiliates sign unit bid;
-The validity of the venture agreement. In the agreement must clearly delineate the affiliates responsibilities, powers, the volume of work to be done and the corresponding value of each Member of the partnership, including the head of the partnership and the responsibility of the head of the partnership, the signature of the Member, the seal (if any);
-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 originals, 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 14 of this Protocol.
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 16 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;
+ 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 18 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 negotiate a contract according to the provisions of article 18 of this Decree.
Article 18. Negotiate the contract

1. On the basis of the decision of the owner, on the bidder invited contractors ranked for to negotiate the contract.
2. Content of the negotiated contract 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 no contract negotiation, tender side of investor reports for consideration, decided to invite the next ranking contractor to negotiate.
Article 19. 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 58, article 59 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 a written notice of the tender results for the participating contractors, particularly for contractors bidding have to submit plans to negotiate , finishing the contract.
Article 20. 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 ranking contractor to negotiate the contract according to the provisions of article 18 of this Decree, in case that must require contractors to renew valid tenders if necessary. The next job step follow provisions of article 19 and article 20 of this Decree.
Chapter V BROADLY BIDDING and TENDER RESTRICTIONS for GOODS SHOPPING PACKAGE, CONSTRUCTION BIDDING section I a PERIOD article 21. 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:-the investment decision and the documentation is the basis for investment decisions; Business registration certificate, certificate of investment;
-Approved plan;
-Documentation about the design attached to the total estimated to be browser (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 tenders. 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 complex goods, should require contractors to submit sales permit 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 bid, not registered to participate in the bidding, except in the case prescribed in clause 2 Article 26 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, not the original and does not have a valid signature (for letter of guarantee by the Bank);
+ No original tenders;
+ Single tendering is not valid;
+ The validity of tenders does not guarantee requirements as specified in the tender;
+ Tenders the tender price are not fixed, many bids the price or price with conditions;
+ Contractor named in two or more tenders as the main contractor;
+ Do not meet the requirements for competence and experience as specified in point c of paragraph 1 of this Decree, article 27 and article 7 of the law on construction;
+ 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 article 14 paragraph 3 of this Decree.
4. a tender notice tender) for extensive tender no applicants, must make tender notices published on the newspaper about bidding for three 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 in the water. After posting the above regulations can be posted on the mass media.
Tender notice content is created according to the model set out in annex III, Appendix IV and Appendix V attached to this Decree.
b) inviting bids for procurement restrictions and the requirement to have undergone. The party inviting tenders for bids form referred to in annex III, IV and V of this Decree attached to bidders in 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 22. General provisions of the standard technical assessment 1. Using the method of grading a) using the maximum scale (100, 1000, ...) to build standard reviews technically. Standard content reviews the technical bids for goods and construction and installation are stated in paragraph 2 to article 23 and article 24 item 2 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 respectively.
b) for package stores the 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 points level respectively and an aggregate score of the content not lower than the minimum required points level on the technical side of both bid packages.
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 paragraph 2 to article 23 and article 24 item 2 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) A tender is 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 23. The standard of evaluating tenders for procurement package goods standards reviews tenders for goods package includes standard evaluation of the competence and experience of the contractors, the standard of the technical evaluation and determining 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 constructed according to the provisions of article 22 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. Determining price reviews follow the following sequence:-determine the bid price;
-Bug fixes;
-Correction of the distortions;
The tender price after fixes and false correction called the proposed price winning bid.
-Price winning bid proposal conversion 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. Tenders are priced the lowest rating was ranked for.
Article 24. 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 constructed according to the provisions of article 22 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;
b) ensure environmental hygiene conditions and other conditions such as fire, fire, labour safety;
c) the level of response of the construction equipment (quantity, type, quality and progress of mobilize), supplies and manpower to serve in construction;
d) level to meet warranty requirements;
DD) quality assurance measures;
e) ability to provide financing (if requested);
g) construction schedule;
h) other contents (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. Determining price reviews follow the following sequence:-determine the bid price;
-Bug fixes;
-Correction of the distortions;
The tender price after fixes and false correction called the proposed price winning bid.
-Price winning bid proposal conversion 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. Tenders are priced the lowest rating was ranked for.
Article 25. 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 of the content of the work as specified in article 15 paragraph 1 point a , Article 22, article 23 and article 24 of this Decree.
Article 26. Tender 1. Released a tender bid to sell) side bidding to time before closing the tender for 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 bidding with the sale price as defined in paragraph 1 article 6 of this Decree. For contractors only need an associate membership in associates purchase bid;
b) modification and clarification of bid made in accordance with paragraph 1 Article 33 and article 34 of the law on tenders.
2. Prepare, accept, modify or withdraw bids made under the provisions of clause 2, clause 3 and clause 4 Article 16 of this Decree.
3. open tender a) opening bids was conducted publicly immediately after the bid closing time by days, hours, location 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, register to participate in the bidding and submission of 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 all tenders 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 27. 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 legal representatives of each associate member sign in-text, except where the agreement has specified associates the rest is authoritative for top affiliates sign unit bid;
-The validity of the venture agreement. In the agreement must clearly delineate the affiliates responsibilities, powers, the volume of work to be done and the corresponding value of each Member of the partnership, including the head of the partnership and the responsibility of the head of the partnership; the signature of the Member, the seal (if any);
-One of the types of papers at the request of bid: business registration certificate, certificate of investment; the decision established or active legal registration certificate; Sales license in the copyright of the manufacturer (if required);
-The number of originals, 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 21 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.
For tenders took over the job, need updated information that bidders declare in selected time to correctly the ability to meet the capacity requirements and experience of the contractors.
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 this paragraph.
b) determine price reviews identifying price reviews performed under the provisions of paragraph 3 to article 23 and article 24 paragraph 3 of this Decree.
3. Rank the bids by price reviews. Tenders are priced the lowest rating was ranked for. 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 28. Error correction and editing the wrong 1. Fixes bug fixes is the correct these errors in tenders include arithmetic errors, other errors, errors in the wrong unit and is 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 unit cost as the basis for the the fixes;
-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 according to the above principle, on the bidder will notice in writing to the contractor. The contractor must have the written notice to the bidder about the acceptance of the above fixes. If the contractor does not accept the fixes, the contractor's tender which will be disqualified.
2. edit the distortions

Correction of the distortions is adjusting the content missing or superfluous in tender compared to 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 by the tender or in the estimation, total or in the price of package approved in principle take the highest price (for Hello lack) or lowest (for Hello) to apply for the aforesaid contents;
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 misleading editing is based on the price stated in the general tariff after edit and correct the error according to the tariff details.
Article 29. 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 19, paragraph 3, article 58 Article 59 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 who authorized the decision to cancel the results of previous tenders and review, 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.
Section II article 30 TWO-STAGE BIDDING. Tender preparation stage 1 1. The selected contractor was done according to the provisions in chapter III of this Decree.
2. Set the bid phase 1 a) established the base bid as defined in point a of paragraph 2 article 21 of this Decree;
b) bid phase 1 have the content as defined in point b of paragraph 2 article 21 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 article 14 paragraph 3 of this Decree.
4. The bid phase 1 done as prescribed in paragraph 4 to article 21 of this Decree.
Article 31. Tender stage 1 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 bidding with the sale price as defined in paragraph 1 article 6 of this Decree. For contractors only need an associate membership in associates purchase bid;
b) modification and clarification of bid made in accordance with paragraph 1 Article 33 and article 34 of the law on tenders.
2. Receive and manage bids phase 1 contractors solicitors receive and manage the bids were filed under records management mode "Suite".
3. Open the bids opening bids are made according to the provisions in paragraph 3 Article 26 of this Decree. Opening bid thereon does not include information on the tender price and guaranteed bid.
4. Exchange about tender stage 1 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 2.
Article 32. Prepare, tender stage 2 1. Set the bid phase 2 in the bid phase 2, 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 approved bidding period 2 is made according to the provisions in article 14 paragraph 3 of this Decree.
2. Hold a tender bid phase 2 was sold to the contractors submitted bids phase 1 with the selling price specified in clause 1 article 6 of this Decree. The tender was made according to the provisions of article 26 of this Decree.
Article 33. Reviews bids phase 2 evaluating tenders stage 2 is made according to the provisions of article 26 of this Decree.
Article 34. 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 29 of this Decree.
Chapter VI the OTHER CONTRACTOR SELECTION FORM Article 35. Specify the application contractor appointed contractor form 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 Prime Minister specified in special cases indicated the bid specified in point 101 of the Law Article paragraph 1/e build.
1. process implementation specifies the bid for a package including: a) release of records requested;
b) preparation of the proposed profile;
c) reviews the proposed profile;
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. Required records have same content bid;
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 suggest there is similar content bids, including recommendations on technical and financial proposal, trade.
4. Reviews of records suggest a) tender Side profile assessment proposed by the contractor according to the standards outlined in the review of records requested;
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 approved investment decisions or authoritative approval results specify the bidding package of consulting services package price from 500 million and over shopping package, cargo, construction bids, choose general contractor for construction (except general contractor selection package design) has package prices from 1 billion; owner approval results indicated consulting services package is priced below 500 million package, package stores, 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 Prime (Prime case directly approved) or who are authorized by the Prime Minister for approval as stipulated in paragraph 2 to article 41 of this Decree.
6. Negotiations, finalizing and signing 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 stores the 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.
Article 36. 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.
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 decision for approval or authorization to approve direct shopping results.
Article 37. 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, the time limit provided the goods, 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 on newspaper about bidding 3 States in a row and on electronic information page about the bidding to interested contractors to register. After posting the above regulations can be posted on the mass media. Time from the announcement touted the row until the release of the records required a minimum of 5 days from the date of posting of the notice first offerings;
b) tender Side send requests to the contractors concerned 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 contract) on the basis of reported results touted by the tender side of the process, the evaluation report, the investment decision to approve 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 38. Self made the application of self-made form must be approved in the plan on the basis of compliance with the provisions of article 23 of the law on tenders and art. of the 41, 50, 57, 75, 89 and point b paragraph 2 to article 45 of the law building.
Automatic process made progress ensuring the following conditions: 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.
Article 39. 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 40. Selection of contractors in special cases 1. Based on the specific properties of the package which could not apply selected forms specified contractor from Article 18 and 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 VII HIERARCHY RESPONSIBLE for APPRAISING, APPROVING the BIDDING in Article 41. 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) approval or approval authorization handling situations in tenders, addressed recommendations in tender and process violates 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 authorisation approval of contractor choice special cases according to the provisions of article 24 of the law on tenders.
Article 42. 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) the written comments on the plan, the result of choosing the contractors of the project concerned by the Prime Minister directly;
b) is responsible for approving tender;
c) is responsible for approving the content of tenders under the authorization of the Prime Minister.
2. for projects of investment decisions by themselves: a) approved plan;
b) approved or authorized 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 stipulated in paragraph 2 to article 41 of this Decree.
43 things. 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 according to the 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 44. The Board or the Director of business 1. For the project by the Prime Minister that his investment decision making: a) approves bid for tenders by the Prime Minister directly approved contractor selection result;
b) is responsible for approving the content of tenders under the authorization of the Prime Minister.
2. for his project investment decision: a) approved plan;
b) approved or authorized 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 stipulated in paragraph 2 to article 41 of this Decree.
3. the written agreement on bidding and contractor selection result packages have package rates from 50 billion or more for consulting services, from 150 billion or more for goods procurement, construction projects in the venture, the business cooperation contract the project shares the Vietnam business contributed capital from 30% or more on capital, capital, capital shares. So the time limit of 20 days from the date of the proposed agreement, if the profile does not send the text to the agreement shall be considered as the Board or the Director of the business agree with the business venture, business cooperation contracts, corporate shares on bidding, contractor selection result.
Article 45. 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 selection of contractor bids in its investment projects on the basis of the text of the agreement specified in Article 44 paragraph 3 of this Decree.
2. Approved or authorized to approve the bid.
Article 46. The Agency organized the appraisal 1. The Ministry of planning and investment is responsible for evaluating the content of the following: a) the bidding plan approved under the authority of the Prime Minister;
b) selection results the contractor bids by the Prime Minister directly;
c) 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) bidding and contractor selection result for the package 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 the specialized Departments concerned is responsible for chairing the evaluation;
c) contractor selection result for the package by 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 of the enterprise assigned evaluators include: a) bidding, bidding and contractor selection result 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), tender results choose contractors for bids 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 Planning Department do-invest 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 the results of selection of contractors, authorized persons responsible regulation unit bid evaluation and contractor selection result.
Chapter VIII SETTLEMENT RECOMMENDATIONS in TENDER Article 47. 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. The content of recommendations not yet the contractor filed a 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 48. 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 referred to in Article 47 of this Decree.
3. The contractor is entitled to withdraw the petition in the process of solving petitions but must be in writing.
Article 49. The Advisory Council 1. The Chairman of the Advisory Board a) Chairman of the Advisory Council of the central level is authorized representative of the Ministry of planning and investment. The central-level Advisory Council is responsible for advice on the recommendations related to the package because the Prime Minister directly approved or in the case of the Prime requirements.
b) Chairman of the Advisory Council of the Ministry, ministerial-level agencies, government agencies and other agencies in the Central Government (hereinafter the ministerial-level Consultative Council) is the authorized representative of the unit was tasked with the management of bidding in the Agency. The Ministry Advisory Council is responsible for advice on the recommendations for all the packages in the project by the Ministry decided to invest or manage by industry, except for packages specified in point a of this paragraph.
c) Chairman of the Advisory Council to the local level is authorized representative of the Department of planning and investment. Local-level Advisory Council is responsible for advice on the recommendations for all the packages in the project by local management or investment decisions, with the exception of package specified in point a of this paragraph.
2. the Advisory Council members, depending on the nature of each package and in case of need, in addition to the members specified in paragraph 2 to article 73 of the law of tenders, the Chairman of the Advisory Council may invite individuals to participate as members of the Advisory Council. Advisory Board members not be relatives (father, mother or wife parent parent, spouse, offspring, daughter, daughter-in-law, son-in-law, siblings) of the person who signed the petition, of the individuals directly involved in evaluating tenders, the bidding parties in investor , of the direct personal evaluation and contractor selection result of the signed approval of the contractor selection result.
3. the activities of the Consultative Council a) Chairman of the Advisory Council of the Council decision within a period of a maximum of 5 days from the date of the petition of the contractor. Active Advisory Council in each incident.
b) Advisory Board working according to the principle of collective, by majority vote, have reported the results of 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 a) assisting permanent division is the Agency, the Organization was given the task of evaluation in tender but not of individuals directly involved evaluation of tenders that the contractors have recommendations.
b) permanent parts help the implementation of the tasks of the administration by the President of the Council regulation; receive and manage costs due the contractor have the petitions filed under the provisions of clause 5 Article 47 of this Decree.
Chapter IX HANDLED VIOLATED the LAW on TENDER 50 Thing. Processing rule violation 1. The Organization, individuals are violations of the law of tenders depending on the extent the breach 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 out of court.
Article 51. 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 53 of this Decree.
Article 52. 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 of 5 million dong to 20 million contract for one of the following violations : a), appraisal, approval of the tender dossier, the request is not in accordance with the provisions of the law on tender leads to have to cancel a tender;
b) evaluate 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 or contractor selection result must cancel the tender;
c) contract contrary to the provisions of the law is damaging to the interests of the State;
d) The violations lead to having to hold a tender back as the bidding organization when no bidding, bid, approved requirements profile.
2. A fine of from 20 million to 50 million dong VND for one of the following violations: a) settlement, 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) contractor to perform the contract, construction supply goods with supervising contractors, 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 53. Banned form taking the bidding activity depending on the extent of that infringement apply prohibited forms of active participation in the bidding, in particular the following: 1. Prohibition of active participants in the bidding from 6 months to 1 year for one of the following violations: a) violated the provisions in clause 4 Article 12 of the law of tenders;
b) violated the provisions in clause 5 article 12 of the law on tender, namely: individual, organization, evaluation, approval for the bid package for stores, goods, construction, general contractor selection package build which States require brand, specific origin in the bid.
c) individuals belonging to the owner, on the tender, the tender expert advice, bidding Agency, tender evaluation organization, violated the provisions in clause 3 article 12 of the law of tenders;
d) violation of the provisions in paragraph 6 article 12 of the law of tenders;
DD) violated the provisions in clause 7 article 12 of the law on tender, 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) violated the provisions in clause 8 article 12 of the law on tender, namely: the owner, on the tender accepted and recommended bidding for contractors to participate in the bidding to provide goods, construction for the package in the project that this contractor had previously provided consulting services , except for: EPC packages, package design and general contractor selection construction, general contractor key;
g) violated the provisions in clause 10 article 12 of the law on tender, specifically the following: individuals directly involved in the bidding, the Organization reviews bids in the tender, by the owner, crew members of expert bidding, bidding consulting, individuals directly involved in the appraisal results in contractor selection Agency evaluation organization, and who signed the decision on contractors selection results does not withdraw the work is assigned when a single signed bid is his relatives (father, mother, husband, wife or parent's parents, spouse, offspring, daughter, daughter-in-law, son-in-law, sibling);
h) violated the provisions in clause 11 article 12 of the law on tender, namely: organizations and individuals in the bid side, the owner, the State Treasury, financial regulators, Bank, agency experience make it difficult in the procedure of issuing, payment under a contract signed between the owner and the contractor;
I) violated the provisions in clause 13 article 12 of the law on tenders, in particular as follows: – personal single sign bid for tenders in projects by the Agency, the organization that has the work earlier in the year, since getting the decision to stop work at the Agency that, organisations;
-Decide the winning bid for that single sign contractor bid tender package involved in the projects of the Agency, the Organization for which the person has just received the decision to stop the work not yet 1 year;
k) violates the provisions of paragraph 16 of article 12 of the law on tender, specifically the following: approval of the form of the choice of contractors in the bidding plan is not widely when the tender form does not guarantee eligible under regulation from article 19 to article 24 of the law on tenders and 100 Article 101 of the law, 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 behaviors: a) violated the provisions in clause 2 of article 12 of law tenders, in particular as follows: – personal use rights, his influence in forcing the owner, on the 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) violated the provisions in clause 14 article 12 of the law on tenders, in particular as follows:-contractors using names, signatures, seals his legalization of their tenders to join the bidding form to serve a different contractors bidding;
-The contractor for other bidders to use the names, signatures, seals; contractors use the names, signatures, seals of other contractors to form a partnership to participate in the bidding, after the winning bid does not follow the agreed text Associates; unless the contract otherwise;
-Transfer 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) violated the provisions in 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 behaviors: a) violated the provisions in clause 1 article 12 of the law of tenders;
b) violated the provisions in clause 3 article 12 of the law of tenders;
c) violated the provisions in clause 12 article 12 of the law on tenders.
4. organizations and individuals 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 X OTHER MATTERS Article 54. The tender documents form 1. The tender document templates include templates inviting profile selected for the package of goods, construction and installation; bid form and the form the report reviews tenders for consulting services, package goods, construction, general contractor selection package build.
2. Ministry of planning and investment is responsible for issuing tender documents form.
Article 55. Warranty 1. The contractor is responsible for the maintenance works in the case of the contract between the owner and the contractor that built, has the responsibility of warranty of the goods in the case of the contract between the owner and the contractor have content about shopping goods according to the applicable provisions of the law.
2. The content of work of warranty, the warranty period, the costs involved and the responsibilities of the parties (between the owner and the contractor) must be made in the contract.
Article 56. The bidding organization professional

Professional organization of the tender as stipulated in paragraph 3 article 9 of the law on tender is the organization established and operating under the enterprise law, law on bidding and relevant legislation.
Article 57. 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 approved lower-priced package of package was browsing the estimation will replace the price of package to make the basis of the review results choose the contractor, if the estimation was higher package price had browsers browser then the investor shall report in writing to the investment decision review the decision adjusting the package price in bidding to secure legal basis for the consideration of the outcome of choosing contractors.
3. The case at the time of bid closing with less than 3 contractors to submit tenders, the tender side must immediately report the bidding process for the investment decision or who is authorized to review and resolve within no more than 2 hours to allow extending the tender closing time in order to further increase the bid or allow open tender to conduct the reviews tenders have been submitted. The case of package 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 government agencies, heads of other central bodies, the Chairman of people's Committee of the Board or provincial business due the Prime establishment decision related to the project.
4. in case of bid allows bidders welcome to one or more distinct parts of the tenders, the tender evaluation and review of winning bid will be made according to each section but guaranteed winning bid price of the package does not exceed the price of tenders.
5. where tenders have price more often that cause disadvantage to the bidder, the bidder side required the contractor to explain, clarify, in writing about the unusual price. If the contractor's explanation is not clear enough, 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 bid according to the provisions of article 28 of this Decree.
6. in case of the recommended price winning bid of the contractor are beyond the price of package was browsing the investor shall report in writing to the investment decision or who is authorized to consider, decide to allow the contractors are welcome back or allow simultaneously with the Hello again will review the price package price content bid, was browsing, if necessary.
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.
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. in case the suggested price of the contract exceeded the approved bid price, then the investor shall report in writing to the investment decision or who is 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.
In addition to the cases mentioned above, when the situations arise tender side, the owner must report the investment decision or who is authorized to review the decision.
Article 58. 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 who is 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 the package;
c) the process of organizing the selection and evaluation of tenders or proposals of contractor profile;
d) recommendations on the results of choosing contractors include:-the name of the recommended contractors choose (even the name subcontractors if necessary). The case is Associates contractor to name all members in the partnership;
-Suggested Price winning bid or proposal made package prices (including taxes, 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 the investment decisions and documents to investment decisions; Business registration certificate, certificate of investment or decided, the Treaty or international agreement (if any); procurement plan;
b), tender dossiers;
c) establishing expert decision, bidding the lease bidding advice, professional organization of the tender;
d) list of contractors submitting tenders, records suggest, opening bid thereon;
DD) The tenders, proposals and record the document clarifies, amends and supplements;
e) report assessing tenders, records of the proposed procurement specialist, consulting tenders, the bidding organization professional;
g) approved the text of the content of the selected contractor as prescribed;
h) report on the negotiations of the contract for package of consulting services;
I) comments on the results of selection of contractors foreign funding organization (if any);
k) other related documents.
Article 59. Evaluation of contractor selection result 1. Content evaluation including: a) check out the document is the base of the organization selected the contractor;
b) test procedures and time related to the Organization of the contractor selection under the rules: time posting tender information, the release of tender, records requests, time to prepare tenders, records suggest, the tender closing time, the time of the tender opening, time to evaluate tenders , records suggest;
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;

DD) The different opinion (if any) between the crew members bid expert, between consulting tenders, tender with the tender side.
2. the evaluation report included the following principal contents: a) on the project and essential requirement: the main content of the project and the bid package, the legal basis for the Organization of the contractor selection;
b) summarise 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 60. 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 are related 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. Before implementing the contract signed with the owner on the territory of Vietnam, foreign bidders must register with the State Agency as defined in this order to be issued a certificate of registration.
3. the registration records in Vietnam by foreign contractors include: a the registration by the Paper) contractors or foreign contractors representatives form declaration by the Ministry of planning and investment issued;
b) certified copy message text results select contractors;
c) certified copy of passport for individual contractors; certified copy of registration issued by the competent authority of the country or territory to which the contractor with regard to citizenship, the contractor is held (accompanied by certified translation out Vietnamese or English).
4. The certificate of registration for foreign contractors to be free.
5. The Department of planning and investment, the central cities where foreign-based contractors (hereinafter the registration agency) is responsible for receiving and reviewing registration records in Vietnam by foreign contractors. Within 5 working days from the date of receipt of a valid application in accordance with paragraph 3 of this article, the registry works must be issued a certificate of registration for foreign contractors in operations (according to the Model by the Ministry of planning and investment issued). At the same time, the registration agency is responsible for notification in writing to the Department of planning and investment of other local on the registration activities of foreign contractors in the case of package is done locally.
The case agency denied registration it must notify in writing to the foreign contractor registration and stating the reason.
6. registration certificates expire in the following cases: a) the expiry of the activity recorded in the certificate of registration;
b) foreign contractors suspended activities, dissolution, bankruptcy in accordance with the law of Vietnam or the law of the country or territory in which the contractors nationality.
7. in case of foreign contractors performed many packages that time made the package of which overlap, then the contractor must only establish a profile registered to operate in Vietnam with the time limit is counted from the beginning of the implementation of the first package to end the final package implementation.
8. in case of foreign contractors have been active registry certificate of registration is valid then the foreign contractors performed the next package on the area then just need additional information to update the Agency has issued a certificate of registration to be issued a certificate of registration of additional activities (according to the model by the Ministry of Planning and investment issued).
9. for the foreign contractors bidding in construction activities in Vietnam, they must follow the provisions of paragraph 4 of article 7 of law building and decision No 87/2004/QD-TTg dated May 19, 2004 by the Prime Minister on the regulation of active management of foreign contractors in the construction sector in Vietnam without having to implement the provisions from clause 1 to clause 8.
Article 61. 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. check the contents in the bidding include: a) check the certificates of training, the fostering of a tender, the certificate relating to the qualifications of staff, procurement specialists and other legal documents related to the process of selecting contractors.
b) check out 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) discovered the existence of bidding and propose remedies.
4. After finishing the test, must report the test results. Inspection Agency is responsible for tracking the fix exists stated in the conclusions to the report the test results.
5. test report contents include: a) the legal basis;
b) test results;
c) commented;
d) recommendations.
Article 62. 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 XI ENFORCEMENT TERMS Article 63. Enforcement instructions 1. For packages released before July tender bidding Law enforcement force (March 2006) then follow the content of the provisions of the Decree No. 88/1999/ND-CP, Decree No. 14/2000/ND-CP, Decree No. 66/2003/ND-CP and the circulars related implementation.
2. for the release package after tender bidding Law enforcement force (March 2006), the implementation of law tenders, namely: a) From March 2006 to the day before the Decree has effect shall follow the bidding Law and guidelines of the Ministry of planning and investment in No. 2820/BKH-QLDT on Apr. 21, 2006;
b) from the date of the Decree has effect shall follow the bidding Law and decrees.

3. Posting of information about bidding on a "tender information" by the Ministry of planning and investment management and the release is done continue until bidding on the newspaper under the specific guidance of the Ministry of planning and investment.
4. The rules on posting the information on the page of electronic information about tenders, bidding through networking, certificate course on tenders, the tender document templates, sample registration Certificate of foreign contractors were made under the guidance of the Ministry of planning and investment. For the record selected offer, the bid made by the appendix to this Decree, the detailed template available to be issued.
5. The Ministry of finance is responsible for instructions paragraph 2 to article 1 of the law on bidding on the project using state capital to shopping the property to maintain normal operations of State agencies, political organizations, social-political organizations, social-political organizations, social organizations , social-professional organization, the people's armed units.
6. Ministry of Commerce is responsible for guiding export, import goods of the bidding contractors.
7. Ministry of construction within its management guide and the necessary content on the selection of contractors in construction activity but ensure not contrary to the provisions of this Decree.
8. The ministries, ministerial agencies, government agencies, other agencies in the Central Government, the provincial people's Committee in the scope of his management guide details some of the content of this Decree (if necessary) but sure not contrary to the provisions of this Decree.
9. Ministers, heads of ministerial agencies, heads of other central bodies, 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 64. Effective enforcement of this Decree has effect after 15 days from the date The report. Since the decree came into force, the Decree No. 88/1999/ND-CP dated August 9, 1999, no. 14/2000/ND-CP dated 10 May 2000, no. 66/2003/ND-CP dated 12 June 2003 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.