DECREE amending and supplementing a number of articles of the tender regulation attached to Decree No. 88/1999/ND-CP of September 1999 and Decree No. 14/2000/ND-CP dated May 5, 2000 by the Government _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Considering the recommendation of the Minister of planning and investment, the DECREE: article 1. Amendments and supplements to some articles of the tender regulation attached to Decree No. 88/1999/ND-CP of September 1999 and Decree No. 14/2000/ND-CP dated May 5, 2000 of the Government (hereafter abbreviated to Decree 88/CP and Decree 04/CP) as follows: 1. Point c paragraph 2 article 2 of Decree 88/CP be modified supplemented as follows: "c) projects using funds donated by international organizations or foreign countries is made on the basis of the agreed text was signed by the two parties (the party funding and the Vietnam party). The case related to the tender regulations in the draft text agreed otherwise with the bidding rules, the Agency was given the responsibility of negotiating the signing of the agreement is the prime consideration, decided before the signing. Text case the agreement signed has content related to the regulation of other bidding with bid rules of Vietnam shall apply according to the text of the agreement signed. Private procedure on the browser, appraisal, approval of the plan and the results of choosing contractors follow the bidding rules of Vietnam ".
2. Article 3 of the Decree 88/CP be amended clause 10, paragraph 30 and the additional clause 35 as follows: "10. The contractor's organization, domestic or foreign individuals have the capacity of civil law, with respect to the individual must have the capacity for civil acts to sign and implement the contract. Civil legal capacity and the capacity for civil acts of contractors is considering Vietnam law, foreign contractors for consideration under the law of the country where the contractors nationality. The contractor must ensure the independence of its finances.
Contractors are builders in the construction bidding; suppliers in procurement of goods; Advisor (maybe just an individual) in the tender selection consultation; as investors in bidding for selection of investment partners.
Bidders can participate in bid (called independent contractors) or with other contractors (called associate contractor). The case must have a written partnership agreement between the members join venture public and private responsibility for work in the package and must be the head of the list.
30. the contract Price is the price to be bid parties and contractor awarded the agreement after negotiations finalizing a contract to match the winning bid price, bid and tender. Price signed with the specific terms of payment are stated in the contract as the basis for a capital payment for the package.
35. Home project is the organization assigned responsibility to directly manage and execute projects stipulated in clause 5 of article 3 of the Decree 88/CP. for Project Server project is the owner ".
3. Item 1 and item 2 article 4 of the Decree 88/CP be amended and supplemented as follows: "1. A tender bid is widely widely form of tender does not limit the number of contractors involved. Tender side to notify the public about the conditions, the tender period on the mass media or on sheets of information on tenders and bidding website of the State and of the local industry, a minimum of 10 days before the release of the bid. Extensive bidding form is mainly applied in the bidding.
The other contractor selection form is applied only when there is adequate grounds and be competent person approved in the bidding plan.
2. Tender bidding restrictions limiting the bidding form which bidder offers a number of contractors (minimum 5) has enough experience and ability to attend. In the case of reality only less than 5, on the bidder must report the project owners who have the authority to review the decision. Project owner decided the list of participating contractors on the basis of the evaluation of the tender Side of experience and competence, contractors must ensure objectivity, fairness and the right audience. This form is only to be applied when considering having one of the following conditions: a) only some bidders have the ability to meet the requirements of the tenders;
b) due to the use of the funds required to conduct tender;
c) due to the specific situation of the package that the limited bidding advantage ".
4. Point b, point c and d item 2 article 1 Decree 14/CP be amended and supplemented as follows: "b) of package has properties experimental study, the secret country by people with the authority to decide.
c) tenders worth under 1 billion for procurement of goods and construction; under 500 million for consulting.
For the specified package of bids prescribed in point of this important project in the nation by the National Assembly to decide the investment policy and the Prime Minister decided to invest, Prime hierarchy for project owner is responsible for the decision but must ensure in accordance with regulations of bidding.
When the tender specified the requirement stipulated in item 2 article 1 Decree 14/CP, who decided to appoint contractors to be responsible before the law for his decision.
The case saw not necessary specify the contractor shall tender according to the rules. Prohibiting the arbitrarily divide the project into many small contractors to specify the package.
The Finance Ministry regulations specifically on the tender specified regular shopping for furniture, supplies, equipment, means of work of State bodies; furniture, supplies, equipment, means of normal work of the armed forces.
d) requirement to have special properties as required by funding bodies, due to the complexity of engineering and technology or because of sudden requirements of the project. The contractor will have the authority to consider and decide on the basis of the Agency's evaluation report the evaluation concerned, opinions written by the funding agencies and other relevant bodies ".
5. Point b item 2 article 6 Decree 88/CP be amended and supplemented as follows: "b key contract) is a contract covering the whole of the design work, provides the equipment, materials, and construction and installation of a package is done through a contractor (abbreviated as EPC).
The selection of the contractor to implement EPC packages through the EPC contract must comply with the provisions of article 4 of the Decree 88/CP and on the basis of approved bidding plan. Bid must include all three components (E), provide equipment supplies (P) and construction (C). Standard reviews for EPC package must also include the full all 3 this work, which must specify the minimum required score on the technical side for each job. The contractor has bid meet the requirements in terms of high standard technical reviews to be browser (not lower than 90% of the total score on the technical side) and had the lowest evaluation price will be considered.
The Ministry of planning and investment to guide the process of tender to choose the contractor perform EPC packages.
EPC contract content according to the guidelines of the Ministry of construction as defined in Article 21, paragraph 1 of Decree 11/2003/ND-CP dated 30 January 2003 from the Government.
Project owners have a responsibility to monitor the implementation process and delivered when the contractor completed the whole project according to the contract signed ".
6. Point a clause 2 article 7 Decree 88/CP be amended and supplemented as follows:

"a) when the volume, the amount resulting due to design changes: If these arise in the scope of the tender have been approved then the value part of the volume, the amount incurred by the price of the original contract. If not in the scope of work of the bid, then the calculated unit price specified by the State at the time of approval ".
7. Item 2 article 9 of the Decree 88/CP be amended and supplemented as follows: "2. The contractor attended the bidding or other contractor selection form specified in article 4 of the Decree 88/CP must have the following conditions: a) financially independent, have the capability of civil law for individuals, also must have the capacity for civil acts to sign and implement the contract. In the case of shopping complex equipment, the contractor must have a sales license of the manufacturer;
b) is only involved a single bid in a package, whether in the form of independent participants or associates;
c) named in the data system information on the contractor ".
8. Clause 2 and clause 8 article 10, Decree 88/CP be amended and supplemented as follows: "2. the foreign contractor when attending international bidding in construction of Vietnam, provided the goods are with Vietnam or contractor must commit to use subcontracting Vietnam, which stated the division between the parties on the scope of work , volume and value respectively. As for the package in the project using the State budget, which by the State credit guarantees, credit capital investment and development of the State when required to use foreign consultants, the Organization, foreign experts participated in the selection process to associate with in-country advisors to make (except the Prime lets not Associates).
8. incentives of local contractors and goods produced in the country in the international competition held in Vietnam in the projects referred to in paragraph 2 article 2 of Decree 88/CP are the following: a) the preferential object-The contractors are eligible to participate in the bidding, including : + active business under the enterprise law, law on State enterprises or cooperatives operate according to cooperative Law;
+ Business venture operating under the foreign investment law in Vietnam have contributed capital of Vietnam party over 50%;
Construction bid packages or advice in that job because contractors take over 50%.
Requirement provided the cargo proportion of domestic production costs accounted for over 30% of the factory.
b) content preferences When evaluating tenders which contractors or the goods produced in the country, the review of incentives is made as follows: for the selection of consultants, the package when evaluating tenders, contractors in an incentive has reached the minimum points come up technically General evaluation, the score is 7.5% plus;
For construction bid packages, when determining price reviews, the incentive is made by plus 7.5% of the tender price (after the number of bug fixes and corrects skewed) on price reviews of contractors does not belong in an incentive to compare and rank the tenders;
For package stores the goods, when determining the assessment of the tenders has the goods not subject to an incentive to add to this price reviews a sum equivalent to the taxes and import charges under the provisions of the law that the contractor is not exempt from import taxes to pay for the goods in the package or to plus 15% of the price goods, including shipping and insurance charges to the sea port, river port of Vietnam (CIF) or the price of goods, including transport and insurance charges to the prescribed place (CIP price) of the goods that, if taxes and import charges stated above exceeds 15% (excluding the goods must pay import tax).
In the event of equal aggregate scores for the package, or reviews peer reviews for construction bid packages, stores the goods then the contractors are incentives rated on foreign contractors ".
9. Paragraph 1 point b of paragraph 2 and article 13 of the Decree 88/CP be amended and supplemented as follows: "1. open tender: after receiving the bids (sealed enough, according to the filing requirements of the tender dossier and is managed by records management mode" Suite "), the opening of bids was conducted publicly immediately after the closing time for bids by day , time, and place stated in the tender. The main information stated in the tenders of each contractor must be announced publicly in open bidding sessions and recorded in the minutes of opening the tenders.
Minutes of opening bid should include the following principal contents: a) package Name;
b) date, time, location, opening bid;
c) name and address of the contractor;
d) Price bids, tender guarantees for the goods or construction and the progress made;
DD) other relevant content.
Representatives of the bid Side, the representative was invited to the contractor if present must sign the minutes of opening the tenders.
The original tender after opening must be bid Parties sign each page to ensure the status quo before conducting reviews and managed by records management mode "Suite".
2. b) using evaluation method for the package stores the goods or construction in two steps:-step 1: evaluate the technical evaluation standard stipulated in the tender to select a short list (a list of contractors that meet the technical requirements under the standard reviews).
Tenders when the total score reaches from minimum back up are specified in standard reviews but the principle is not specified is lower than 70% of the total score on the technical side, for packages containing highly technical requirements, the minimum not lower than 90% of the provisions of the technical score (for the grading method) or meet the the requirements under the criteria, "reach", "not met" are considered to meet the technical requirements.
-Step 2: determine the price reviews for tenders in the short list to rank ".
10. Article 15 of the Decree 88/CP be amended and supplemented as follows: "article 15. The responsibility of the competent person, the owner of project and tender Side.
1. The responsible authority: a) approval of project bidding plan, approved or authorized to approve the bid, approved contractor selection result for all the packages in the project on the basis of evaluation report the Evaluation Agency;
b) direction, check the Project Server, on the tender regulations bidding.
2. Project Owner has the responsibility: a) The person who has the authority to approve the plan in the bidding, bidding and contractor selection result for all the packages in the project;
b) responsible for the contractor selection process according to the rules of the bidding rules and responsible before the law for his decisions. Where the project sufficient capacity then the DIY Side bid to hold a tender, if incompetent, then be allowed to use a qualified professional organization and capacity instead of making tender Side, but the project still must take responsibility for contractor selection process according to the rules of the bidding rules and directly contracting with contractors winning bid.
c) decided the content of the bidding process, including: selected documents, job evaluation and job outcomes;
The list of participating contractors bidding limit;
The list of participating contractors bidding for selection of consultants;
The list of bidders reached the technical requirements and the list of rated contractors under point synthetic evaluation on technical and financial package;

The list of bidders reached the technical requirements and the list of rated the contractor by price reviews for package stores the goods or construction;
Negotiations with the contractor are appointed contractor and responsible for the content of the specified bid;
The decision specifies the bid packages specified in point c, point e clause 2 article 1 Decree 14/CP;
The content of the contract.
Project Server instances at the same time as the person has the authority to decide the project's tender Side, or they must fulfill the duties prescribed in paragraph 1 or paragraph 3 of this article.
3. the party responsible for bid: a) organized and conducted the selection of the contractor, responsible before the law about the contractor selection process according to the law on tenders.
b) browser and project plan provided for in article 8 Decree 88/CP. c) implementation plan approved by the order of tender specified in articles 20, 22, 33, 45 and 47 Decree 88/CP, including: establishing expert or hire consultants to help the tender on the basis of the decision of the project;
General contractor selection process and report the results of choosing contractors up project;
Announced the winning bid, negotiate finalizing contract;
The project owner decided the content of the contract to host the project contract ".
11. Item 1 and item 2 article 16 Decree 88/CP be amended and supplemented as follows: "1. expert: Nest components depending on the nature and complexity of tenders, composition Nesting experts should include experts on: a) engineering, technology;
b financial, commercial);
c) legal and other issues (if necessary).
Experts in hosted list by project owner decided.
Chief Nest expert is responsible for operating, General and prepare reports evaluating the tenders or other relevant documents.
2. Standards for crew members experts: a) knowledgeable about legal tender;
b) Have expertise relevant to the package;
c) knowledgeable about the specific contents of the package;
d) have experience in the management of the fact or research. "
12. Article 29 Decree 88/CP be amended and supplemented as follows: "article 29. Standard reviews standard tenders evaluating tenders must be stated in the tender, including: 1. Standards of competence and experience of contractors: a) capacity of production and business, technical facilities, professional staff levels;
b) financial capacity (revenue, profit and other targets);
c) experience performing similar contracts in Vietnam and abroad; some special cases to facilitate contractors developing the experience requirements can only be minimal but must be the person who has the authority to review the decision in the bid.
The content of the provisions in this clause are evaluated according to the criteria ' to ' hit ' ', ' ' didn't reach ' '. The contractor must reach all three content a, b and c of this paragraph be considered sufficient capacity and experience to attend the bidding.
2. the technical standards: a) ability to meet requests for quantity, quality and technical features of the goods stated in the tender dossier;
b) technical-economic characteristics of goods, production standards and other contents (in the bid was not asked about the brand or specific origin of goods);
c) rationality and economic efficiency of technical solutions, the organization measures the supply of goods;
d) possibility of installation of the equipment and technical capacity;
DD) adaptability geographically;
e) the impact on the environment and measures;
g) ability to provide financing (if requested);
h) content of commercial conditions, financing, duration, training and technology transfer (if any).
Using a scale (100 or 1000) or criteria "hit", "no" to determine the content of the provisions in this paragraph. In standard reviews should specify minimum requirements technically but not lower than the prescribed 70% of the total score on the technical side (for the package of highly technical requirements, the minimum not lower than 90% of the regulations the total score on the technical side). Case specified in standard reviews using the criteria "hit", "not met" must also specify minimum requirements level technically.
Tenders have the total score achieved or exceeded the minimum when applying the method of grading or meet the requirements when applying the evaluation method according to the criterion of "hit", "not" shall be considered to meet the requirements of the technical side.
3. standard take on a ground to determine price reviews, including: a) time use;
b) design capacity;
c) product quality standards;
d) the origin of the goods indicated in the tender;
DD) operating costs, maintenance, maintenance;
e) commercial conditions, finance;
g) progress supply and installation.
4. In addition to the standard of review set forth in the bid are not dropped, add or change any of the content of the evaluation criteria in the process of considering bids.
13. Point a paragraph 2 to article 30 of Decree 88/CP be amended and supplemented as follows: "a) step 1: evaluation of surface technique to select a short list of evaluation techniques are based on the criteria specified in the tender to select a short list. In the process of evaluating bid Party has the right to require the contractor to explain the contents unclear, irrational in the bids of the bidders as the quantity, unit price ".
14. Paragraph 6 Article 35 of the Decree 88/CP be amended and supplemented as follows: "6. the engineering design record accompanied by a technical guide and prognosis.
Profile design to ensure quality. The prognosis from the design to ensure complete, accurate to do a legal basis for contractors to establish the price bid. Asked about the quality of materials for construction and installation are stated in the bid to make the base for the calculation, the unit price bid, bid unit price analysis of some major categories according to the requirements of the bid. Prohibiting the stated requirements of the brand or the origin of materials in bid ".
15. Article 40 of the Decree 88/CP be amended and supplemented as follows: "article 40. Standard reviews standard tenders evaluating tenders must be stated in the tender dossier, comprise: 1. The standard of experience and competence of the contractor: a) experience has made the project technical requirements in the Department of geography and the same scene;
b) number, the level of staff, technical workers to direct project implementation;
c) financial capacity (revenue, profit and other targets).
The content of the provisions in this clause are evaluated according to the criteria of "hit", "not met". The contractor must reach all three content a, b and c of this new account was viewed as incompetent and experience the bids.
2. the technical standards: a) the level of response for technical requirements, quality materials and equipment mentioned in the profile design;
b) reasonableness and feasibility of the technical solution, the organization measures of execution;
c) ensuring environmental hygiene conditions and other conditions such as fire safety;
d) the degree of response of construction equipment (quantity, type, quality and progress of mobilize), construction personnel;
DD) quality assurance measures;
e) ability to provide financing (if requested);
g) content about construction progress, the level of partnership, links and other content requested in the tender.

Using a scale (100 or 1,000) or criteria "hit", "no" to determine the content of the provisions in this paragraph. Standard reviews need minimum rules technically but not prescribed 70% lower total score on the technical side (for the package of highly technical requirements, the minimum not lower than 90% of the regulations the total score on the technical side) when using a scale to assess the tenders. "Use case", "not met" must also specify minimum requirements level technically.
Tenders have total score reaches or exceed the minimum points for the method of grading or reach the request according to the criterion of "hit", "not met" was considered technically satisfactory.
3. standard take on a ground to determine price reviews, including: a) the quality of materials used for construction, installation;
b) operating costs, maintenance, maintenance works;
c) The charges that the project owner must pay in addition to construction contract (if any);
d) contract conditions (especially the progress payment);
DD) financial condition (such as the time of the loan, interest rate, etc.);
e) the duration of the contract.
4. In addition to the standard of review set forth in the bid are not dropped, add or change any of the content of the evaluation criteria in the process of considering bids ".
16. Item 2 Article 41 Decree 88/CP be amended and supplemented as follows: "2. Reviews: detailed evaluation tenders included two steps: a) step 1: evaluate technically to choose a short list.
The technical evaluation is based on the criteria stated in the tender to select a short list. In the process of evaluating bid Party has the right to require the contractor to explain the contents unclear, irrational in tenders of the contractor such as volume, unit price.
b) step 2: evaluate the financial, commercial.
Conduct reviews of financial, trade contractors in the short list on the same premises as the standard reviews.
Financial evaluation, to determine the commercial price reviews include the following content: this error;
Edit the distortions;
The tender price of conversion to a common currency;
Put on a face by comparison;
Determining the evaluation of the tenders.
In the evaluation process, on the bidder has the right to require the contractor to clarify about the price and if the text explanation of the contractor are not clear enough, then it is considered wrong to include in the price reviews of contractors. "
17. Article 50 of the Decree 88/CP added clause 8, 9, 10 and 11 as follows: "8. The management information system of bidding.
9. data system management information on the contractor.
10. Manage foreign contractors in Vietnam.
11. Perform the test, the inspector about the bidding and contract implementation ".
18. Article 51 of the Decree 88/CP is modified as follows: "article 51. Information about bidding 1. Means of posting information about tender: media post information on tenders include: a) information sheet on bidding and bidding website of State released nationwide;
b) sheets of information on tenders and tender websites of ministries, departments, local;
c) mass media such as newspapers, radio and television.
2. Contents of the posted information: posted content including: a) the bidding plan;
b) notice inviting applicants, selected results;
c) tender notifications;
d) list of participating contractors bidding limit;
DD) list of participating contractors bidding advice;
e) contractor selection result;
g) list of individuals, organizations including the contractor bidding rules violations;
h) list of banned contractors participating;
I) information about the handling of the bidding rules violations;
k) legal text about new tenders issued;
l) report summarizing the work of bidding;
m) tender operation of facilities;
n) data system information about the contractor.
3. Management of information sheets about bidding and bidding on a site) Management Agency: Ministry of planning and investment is responsible for managing the information sheet about bidding and bidding website of the State on a national scope.
-Ministries, local newspaper management responsible information on bidding and bidding website in its scope of management.
b) bidding information content: the content of information by the Ministry of planning and investment to post, including: The content specified in point a, b, c, d, DD, e, item 2 of this Article for important national projects, the project group A, Group B (irrespective of source) and the venture project , business cooperation contract, shares.
The remaining content specified in point g, h, i, k, l, m and n item 2 this for all of the project by the agency responsible for providing the information referred to in point c of this paragraph provides.
For the ministries, depending on local conditions and the actual situation of the project to determine the posted content to the provisions in paragraph 2 of this Article. The information in the project by the ministries, local post still must submit to the Ministry of planning and investment to be posted.
c) bodies providing information.
Home National important projects, the project group A, Group B (irrespective of source), joint ventures, business partnership contract, shares the responsibility to provide information for management information sheets about bidding and bidding website the content specified in point a , b, c, d, e, f, g and i, clause 2 of this in its project management.
Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central are responsible to provide the Ministry of planning and investment to the contents specified in point g, i, l and m item 2 of this in its scope of management.
The contractor provides its information data specified in point n item 2 this is for the Ministry of planning and investment.
4. The mass media: the other mass media specified in point c of paragraph 1 of this article posted announcements of bidder C group projects and other information.
19. Article 52 of the Decree 88/CP be amended and supplemented as follows: "article 52. Hierarchy responsible for tender 1. Prime: a) approved the plan of national important projects by Congress to decide the investment policy, the Prime Minister decided to invest (irrespective of source);
b) approving the bidding results packages have package rates from 100 billion or more for stores the goods or construction, from 20 billion or more for his project in the investment decision. For the rest of the package the Prime Minister for authorization, the heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the city approved centrally and responsibility for results;
c) approving the bid, suggesting direct shopping, self made for the requirement prescribed in clause 3, 5 and 6 article 4 Decree 88/CP in its project investment decision, except for the requirement to have a value under 1 billion for procurement of goods or construction the first package, worth under 500 million for counseling by the project owner is responsible for the decision;
With regard to the contents specified in point a, b, approved by the Prime Minister on the basis of the evaluation report of the Ministry of planning and investment and the written opinions of the competent authorities concerned. For the content specified in point c of this paragraph, the Prime Minister for approval on the basis of the evaluation report of the Ministry of planning and investment and the written opinions of the funding agency and the competent authorities concerned.

d) decide to check and handle the violations of the law on tenders.
2. The Minister of planning and investment has responsibility: a) the appraisal to the prime consideration for approval of: planning, bidding the project by the prime investment decisions;
Bidding results packages approved under the authority of the Prime Minister;
The proposal specifies the bid, stores directly, self made for the requirement prescribed in clause 3, 5 and 6 article 4 Decree 88/CP approval authority of the Prime Minister.
b) released, management information sheets about bidding and bidding website of State data systems management, information about the contractor.
c) examined, inspected the work of bidding on a national scope.
3. Ministers, heads of ministerial agencies, government agencies, the financial administration of the Central Party, the Central Agency of social-political organizations (defined in the State budget Law), Chairman of the provincial people's Committee, central cities are responsible for: a) the opinion in writing on the bidding plan contractor selection result, tenders of relevant projects by the project owner, the approval authority of the Prime Minister;
b) approval of the tender bids the jurisdiction to approve the tender result of the Prime Minister, approved the bid and tender results tender packages are authorized Prime Minister specified in point b of paragraph 1 of this article;
c) approved the plan, bidding, bid results and all the contractors choice package of projects using the State budget under the control of his investment decisions. For the projects authorized under investment decision shall also authorize the approval of the plan, bidding, bid results and all the contractors choice of package in the project, but still have to take responsibility for the work of that authorization;
d) agreement in writing with the owner about the project plan and project selection results the contractor bids valued at 1 billion or more for advice, from 5 billion or more for goods procurement or construction (according to plan approved) in the joint venture project business cooperation contracts, or shares as defined in point b of paragraph 2 article 2 of Decree 88/CP by themselves do represent the owner under the provisions of the law for State enterprises to participate in investment projects, on the basis of the evaluation of the Agency tender.
4. The Chairman of the city people's Committee in the province, County, district, town, commune, commune, Ward is responsible for: a) approved plans to tender the projects using the State budget under the control of his investment decisions;
b) approval of the bid and the result of choosing the contractor that all packages of the project investment decision on jurisdiction.
5. The Board (or Board) of the business venture, joint stock companies, the legal representatives of the parties to the contract of cooperation of responsible business here for the project that is specified in point b of paragraph 2 article 2 of Decree 88/CP : a) the bidding plan approval of the project on the basis of the agreement of the representative of the owner under the provisions of the law for State enterprises to participate in investment projects.
b) approved contractor selection result all packages of the project, particularly for the package is valid from 1 billion or over and the construction and installation package or shopping goods are priced from 5 billion or more (according to the approved plan) approved on the basis of the opinion and agreement of the representative of the owner under the provisions the law for State enterprises to participate in investment projects;
c) approval of the bid and decided the content of the bidding process.
6. the authorized person of the business is responsible for approving the plan of project bidding, bidding and contractor selection result of all the packages in the project investment decisions by themselves, and decide all the content of the tender process under the rules ''.
20. Article 53 Decree 88/CP be amended and supplemented as follows: "article 53. Decentralized approval, bid evaluation and contractor selection result based on the approved package price in bidding for the projects specified in the point a and c clause 2 article 2 of Decree 88/CP, the evaluation and approval of contractor selection results are as follows : 1. for national important project because Congress decided to investment undertakings, because the prime investment decisions: a) approved by the prime contractor selection result on the basis of the evaluation report of the Ministry of planning and investment for the package in his approval authority according to the regulations.
b) Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the central cities of approval of bid packages under the authority to approve the tender result of the Prime Minister, approved the bid and tender results tender packages are the Prime mandate under the provisions on the basis of the evaluation of the unit concerned or by the Department of planning and investment, if in local.
2. for the projects which use State budget: a) Ministers, heads of ministerial agencies, government agencies, the financial administration of the Central Party, the Central Agency of social-political organizations (defined in the State budget Act) approved bidding and contractor selection result of all the packages in the project by his investment decisions on the basis of the evaluation of the unit concerned.
b) people's Committee Chairman, central cities approved the bid and the contractor selection result of all the packages in the project due to his investment decisions on the basis of the evaluation of the Department of planning and investment.
c) President of the people's Committee of the County, district, town, city, Ward, town, province and commune, approval of the bid and the contractor selection result of all the packages in the project due to his investment decisions on the basis of the evaluation of the related parts.
3. for the project by the enterprise investment decision: authorized person of the business is responsible for approval of the bid and the contractor selection result of all the packages in the project due to his investment decisions on the basis of the evaluation of the related parts ".
21. Paragraph 5 and paragraph 7 to article 55 of the Decree 88/CP be amended and supplemented as follows: "5. Cancel the tender and financial responsibility when canceling the tender: a tender Cancellation applied) for one of the following circumstances: changes goal has been stated in the tender dossier;
There is evidence that the party invite bids with contractors to make up the lack of competition in the tender;
All tenders are basically does not meet the requirements of the tender dossier;
There is evidence that the contractor has the negative collusion makes the lack of competition in tender, affecting the interests of the tender Side.
To base the decision of the authority, on the bidder is responsible for notification to all bidders on the auction or tender conduct.
b) financial responsibility when canceling the tender: If the bid is not the fault of the contractor, the tender Side must be responsible for compensation to the contractor the cost of bids.

The level of compensation is calculated on the principle of full and true, according to the norms of the State issued, including the following: the cost of purchase of tender;
Travel expenses (to buy bid, submitted tenders, surveys, etc.);
Costs up tender;
Other costs (Office supplies, depreciation of equipment, ...).
Compensation when cancel bids if the reason of the change objectives, the scope of investment decision by the authorized person shall be paid from the expenditure of the project; If for other reasons due to the fault of the tender Side caused the individuals involved in the tender Side is responsible for payment.
7. The rejection of tenders that are applicable to a in cases when bids: a) does not meet the prerequisites outlined in the bid;
b) does not meet the technical requirements;
c) contractors do not accept arithmetic errors discovered by the side of the bid and ask or have other false arithmetic error too 15% of bid (only applicable for package stores the goods or construction);
d) Have skewed the value in excess of 10% of the tender price (only applicable for package stores the goods or construction);
DD) information to declare untrue ''.
22. Supplement Article 57a Decree 88/CP (57 Articles) as follows: "article 57a. Data system information about the contractor 1. The content data system information about the contractor.
Data system information on contractors including the list of participating contractors bidding projects in Vietnam with specific content for each contractor as follows: a) the name of the contractor;
b) founded;
c) participating areas such as consulting, deliver the goods or construction;
d) total assets, working capital available;
DD) other relevant content.
2. Management System data information on the contractor.
Agency data system management information about the contractor on the scope of the Ministry of planning and investment. The Ministry of planning and investment has responsibility for data posting information about contractors in the bidding and information site about the State's bidding.
3. The responsibility to provide data information on the contractor.
The contractor is responsible for providing the data information of the contractor for the Ministry of planning and investment, according to the content outlined in paragraph 1 of this article. Conditions for participating is the contractor must have a name in the data system information about the contractor is posted on the sheet information on bidding and bidding website of State ".
23. Supplement Article 57b Decree 88/CP as follows: "article 57b. Manage foreign contractors in Vietnam 1. Foreign contractors want bids in Vietnam must have a responsibility to provide data for information management data system information about the contractor stipulated in Article 22, paragraph 1 of this Decree.
2. The Ministry of construction, Ministry of public security, the Ministry of Commerce, Ministry of finance study the Prime Minister promulgated regulations on the management of foreign contractors to operate in Vietnam and the responsibility of the project for the management of the foreign bidders after winning bid contract implementation activities in Vietnam ".
24. Paragraph 1 Article 59 Decree 88/CP be amended and supplemented as follows: "1. check the bidding is done as follows: a) check level decision and perform test: the Prime Minister decided to check the bidding of ministries, ministerial-level agencies Agency, subordinated to the Government, the local on a national scope in cases of need.
The Ministry of planning and investment do check bidding in the country according to function and for the specific case when there is a decision of the Prime Minister.
Ministers, heads of ministerial agencies, heads of Government, directly under the President of the people's Committee of the grant decision and the inspection organizations bidding according to the regulations of bidding against other units the ranges of their management and the unit has its project license investment specified in point b of paragraph 2 article 2 of Decree 88/CP.
b) periodically check: depending on the implementation level of bidding basis, the Authority decided to periodically check quarterly, 6 months or a year. Periodic inspection focuses on the following major contents: the implementation of public bidding units;
Implementation of bidding of some specific projects: plan approved; the order made in the bidding, the legal base, the reasons made the bidding limit, specify the reason for the bid, bid results, contract value, the implementation contract.
c) irregular check: irregular check be made for tenders have price winning bid is too low compared to the price of package, for tenders there are obstacles or when required by the authority. Test content focusing on the following major issues: the legal procedure and the accompanying text;
Order; duration of the sewn in contractor selection process;
Contractor selection result;
The specific problems, questions of collective, individual contractors, contractor's solicitors (if any);
-The recommendations of the processing facility.
d) during the test, if detected obstacles and then report the competent person review, resolve, if detecting violations of the law of tenders shall report the authorized transfer of the tasks for inspection processing or other law agencies handle according to the authority. The whole process of testing are reported in writing up authority and submitted to the governing body the tender information sheets and website about the State's bidding to posting information ".
25. additional Article 59a Decree 88/CP (after Article 59) as follows: "article 59a. Detective Inspector tender bidding is the implementation of the inspection function for the field of bidding. Tender inspection is specified as follows: 1. perform the inspection agency tender.
The Agency performs inspection of bidding on the scope of the Ministry of planning and investment. Ministries, ministerial agencies, government agencies, the local Inspector of public works tenders within the scope of his management units and the units are its projects licensors of investments specified in point b of paragraph 2 article 2 ND 88/CP. 2. The object Inspector.
The object to be inspected is bidding to join the bidding activities of organizations, individuals in bidding.
3. Organize implementation of the inspection.
The organization performs the inspection is conducted upon discovering signs of breaking the law on tenders, when the Agency's proposed test referred to in Article 24, paragraph 1 of this decree or when required by the authority on the specific bidding.
4. content inspection.
Depending on the particular incident that determined the content Inspector. As for the Inspector make the selection of the contractor, the Inspector content focused on the following main issues: a) the content of the legal texts for the implementation of the package, namely:-approved plan, the form of the choice of contractors, especially the bases applied in the bidding limit and specify the bid;
-Bid and other legal texts with regard to the content of the bidding process;
-Decided to approve the results of choosing contractors.
b) process the selection of contractors, the timeline in the bidding.
c) these comments questions, reserves of counsel, experts or those of other individuals (if any) reflect with the Inspector.
5. Handling violations when inspectors.

During the inspection, if the detected infringement, depending on the nature of the violation, the Agency inspectors or inspectors made the sanction according to the function specified in the law of the State inspection of administrative sanctions or recommendations to competent authorities enforce discipline for the individual (if the officer , public servants) under the Ordinance, the fines under the Ordinance against corruption or prejudice criminal liability under the law.
6. inspection report about the inspection agency tender or inspectors perform the task Inspector is responsible for reporting the results up inspection authority. "
26. Revising clause 2 and clause 5 supplement Article 60 Decree 88/CP as follows: "2. Bidders are violations of the law on tender, then depending on the level of violation which dealt with according to the provisions of the law, specifically the following: a) When contractors cheating behavior as reported , providing information in false bids on financial capability, technical capacity, about the experience, about the curriculum vitae of the expert advice, the tender Side has the right to eliminate the contractor's tender, the tender guarantee non-refundable (if any) of the contractor. Contractors violated must be posted on the information sheet about bidding and bidding website of State;
b) the contractor has taken bribes for individuals, organisations and agencies bidding Parties related to the bidding process, review the bid, the bids of the bidders that were not reviewed, the tender guarantee not refundable and name contractors that will be posted on the information sheet about bidding and tender websites by State , and dealt with under the provisions of the law.
c) contractors behaving collusion hook brackets together affect the interests of the tender Side is not refundable guarantee bid and will be posted on the sheet name information on bidding and bidding website of State;
d) contractor construction design consultancy does not correctly, making the construction process are modified, added, or redesign caused waste must then compensate the damage and will be posted on the sheet name information on bidding and bidding website of State;
DD) consultant irresponsible supervision, with construction contractors endorse wrong volume and quality of work reduce quality works both consultant and construction contractors are required to compensate the damage and will be posted on the sheet name information on bidding and bidding websites by State at the same time for the individuals belonging to the contractor depending on the level of offense that was saved for criminal liability in accordance with the law;
e) construction contractors do not perform properly the scope of work set forth in the contract, is not done properly the agreement between the parties in the venture, between the main contractor and the sub-contractors have stated in the contract as well as in the tender or relinquish his work for other units not specified in the contract, then forced to follow the right contract at the same time to bear the entire costs incurred due to incorrect implementation causes. Construction contractors violated and contractors relevant monitoring Advisory will be posted on the sheet name information on bidding and bidding website of State, at the same time, for the individuals belonging to the contractor, depending on the level of offense that was saved for criminal liability in accordance with the law;
g) the contractor does not perform the contract for reasons that are not the force majeure or cancellation of the contract due to breach of contract, it will be posted on the sheet name information on bidding and bidding website of State;
h) where the contractor violates one or more of the prescribed point from point a to point g, were posted on the sheet name information on bidding and bidding website of State, if 3 times being posted the names will not be any bids the contractor within 1 year. If the second contractor breached 3 times will not be participating in 2 years, the contractor for the third violation 3 times will not be participating in 3 years, if after a third contractor was still in violation will not be participating in perpetuity.
Sheet management agency information on bidding and bidding website about the State's responsibility to publish the list of contractors not be bids above the sheet information on bidding and bidding website and delete the name in the list in the data system information about the contractor.
5. Personal, tender side of collective (including Hosted expert) violated the law on tenders in addition to the provisions in clause 1, article 3 and Article 4 60 Decree 88/CP, also dealt with the following: a) individual, collective tender Side (including Hosted expert) have fraud reported not honest bidding process , review the bid; collusion with brackets hook; receive bribes, then depending on the extent of that infringement be enforced discipline or prejudice criminal liability.
b) Bidder (including Hosted expert) do not comply with the due course, tender procedures, tender when no bidding, no make that provides information about the tender according to the rules depending on the extent and the violations, infractions object authority is responsible for handling as : decided to change the Party's bidding, personnel of professionals, disciplined the offending individual (if the servants) under the Ordinance, not to join any package of rights management, compensation (if any) or suggest that the responsible agencies (such as the Ombudsman) handling administrative violations or other legal sanctions under the provisions of the law ".
27. Remove item 5 Article 61 Decree 88/CP. Article 2. Handle transition issues 1. For packages released before bid day Decree this effect, follow the Decree 88/CP and the Decree 14/CP. 2. For packages released after July bid this Decree takes effect, organizations follow this Decree.
3. With regard to the tender notice and use data on the contractors information sheets information on bidding and bidding website of the State, be made after the instructions of the Ministry of planning and investment.
Article 3. This Decree takes effect after 15 days from the date The report.
Article 4. The Ministry of planning and investment, in coordination with the ministries concerned is responsible for the research, issued the bid form, guide the inspector about the contest, guidelines and check the enforcement of the Decree.
Article 5. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central, Chairman of the Board of the State-owned enterprises and institutions concerned is responsible for the implementation of this Decree.