DECREE

AMENDMENTS TO CERTAIN ARTICLES OF DECREES ON ELABORATION OF AND MEASURES FOR IMPLEMENTATION OF THE BIDDING LAW

Pursuant to the Law on Government Organization of June 19, 2015; Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on amendments to Law on Planning, Law on Investment, Law on Public-private Partnership Investment, and Law on Bidding dated November 29, 2024;

At the request of the Minister of Planning and Investment of Vietnam;

The Government promulgates a Decree on amendments to certain articles of Decrees on elaboration of and measures for implementation of the Bidding Law.

Article 1. Amendments to Article 1 of Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 on elaboration of and measures for implementation of the Law on Bidding on selection of investors to implement projects subject to bidding organization in accordance with laws on specific sectors and fields

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“3a. The selection of investors in special circumstances shall be executed in accordance with the regulations specified in the Government's Decree on elaboration of and measures for implementation of the Law on Bidding on selection of investors to implement land-based projects.”.

Article 2. Amendments to Article 1 of Government’s Decree No. 24/2024/ND-CP dated February 27, 2024 on elaboration of and measures for implementation of the Law on Bidding on elaboration of and measures for implementation of the Bidding Law regarding contractor selection

1. Point g, Clause 1, Article 1 shall be amended as follows:

g) Clause 2, Article 29 on contractor selection in special circumstances;”

2. Article 2a shall be added after Article 2 as follows:

“Article 2a. Procedures for implementation of Clause 5 Article 3 of the Law on Bidding

Before signing international treaties, or foreign loan agreement containing specific regulations on bidding which are different from those of the Law on Bidding or are not included in the Law on Bidding, the Government shall decide whether to apply regulations on bidding following procedures as follows:

1. Before negotiations, the governing authority of the project shall send a written proposal to the authority in charge of negotiation on the application of regulations on bidding which are different from those of the Law on Bidding or are not included in the Law on Bidding. The contents of the written proposal shall include:

a) Regulations adopted by the donor or international organization which are different from those of the Law on Bidding or are not included in the Law on Bidding;

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2. The authority in charge of negotiation shall solicit opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and relevant agencies on the proposal to apply regulations on bidding which are different from those of the Law on Bidding or are not included in the Law on Bidding, and contents of international treaties or foreign loan agreements. The enquired authorities shall respond in writing to the authority in charge of negotiation within 5 working days from the receipt of the request for opinions and relevant documents.

3. Before signing international treaties or foreign loan agreements, the authority in charge of negotiation shall decide whether to apply regulations adopted by the donor or international organization of which the State or Government of the Socialist Republic of Vietnam is a member.”.

3. Clause 12 shall be added after Clause 11 Article 12 as follows:

“12. The bidder is responsible for submitting the fees specified in Clause 11 of this Article. If the bidder fails to pay the fees by the deadline, its account will be suspended. The bidder shall not be allowed to carry out any related transactions on VNEPS until the fees are fully paid as required.

4. Certain points and clauses of Article 16 shall be amended as follows:

a) Point b, Clause 2 shall be amended as follows:

“b) Description and scope of work, number of experts, performance duration, capacity and experience of consultants, expert salaries in accordance with law (if any) and other factors.

Ministries responsible for labor management shall take charge and cooperate with relevant ministries and authorities in issuing regulations on domestic expert salaries serving as grounds for determining contract package price;”;

b) Point dd, Clause 2 shall be amended as follows:

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c) Point a, Clause 4 shall be amended as follows:

a) The state budget estimates approved by competent authority according to the fiscal year or budget estimate to be allocated in the fiscal year or budget estimate to be allocated in case of procurement for the next year or procurement for many years; expected legal financial resources in the fiscal year or expected legal financial resources for the following years in case of procurement for the next year or procurement for many years;”;

d) Clause 7 shall be added after Clause 6 as follows:

“7. For the budget estimates approved according to Point d, Clause 3, Article 23, Point c, Clause 8, Article 39 of the Law on Bidding and Clause 2, Article 131 of this Decree, the budget estimates shall be prepared and approved in accordance with the laws; In cases where there are no specific regulations, the employer or the authorized entity shall approve the budget estimates.”.

5. Points dd, e, g, and h shall be added after point d Clause 1 of Article 18 as follows:

“dd) The bidder withdraws their bid or request for proposals after the deadline for submission of bids and during the bid or proposal's validity period;

e) The bidder fails to submit the original bid security at the request of employer or procuring entity; fails to pay in cash; or fails to submit a deposit in cheque, letter of guarantee, or certificate of surety bond insurance in accordance with regulations of laws on bidding;

g) The successful bidder fails to furnish the required performance security;

h) The bidder refuses or fails to accept the contract award approval within 03 days from the date the employer request the bidder to accept the contract award approval on VNEPS for shortened online quotation process.”.

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“1. Information about contractor selection is publicly posted on VNEPS. The employer is responsible for posting information about violating bidders, untrustworthy bidders, contractors having their contract terminated due to their faults, and contractors that are prohibited from participating in bidding activities on VNEPS The employer may modify this information (if required), attach the decision on modifications, specify the reasons for the modifications and take responsibility for the amended information.”.

7. Certain clauses of Article 22 shall be amended as follows:

a) Clause 3a shall be added after Clause 3 as follows:

“3a. Contract negotiation (if any) for contract packages of goods procurement, construction, non-consulting services applying international bidding, mixed contract packages, and contract packages applying limited bidding specified in Clause 1, Article 22 of the Law on Bidding.”;

b) Clause 6 shall be added after Clause 5 as follows:

“6. Bidding activities conducted in advance as prescribed in Article 42 of the Law on Bidding shall follow the procedures outlined in Clauses 1, 2, 3, 3a, and 4 of this Article. The finalization, signing, and management of contract performance specified in Clause 5 of this Article shall be performed after the approval of project investment.”

8. Certain points and clauses of Article 24 shall be amended as follows:

a) Point b, Clause 1 shall be amended as follows:

“b) Approved specific contractor selection plan.

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b) Point d, Clause 3 shall be amended as follows:

d) There is a bid security with value and validity period and the beneficiary meets the requirements of the bidding documents. Bid security, in the form of a bank guarantee or certificate of guarantee insurance, shall not violate any of the following requirements: their value or validity period must meet the minimums specified in the bidding documents, the beneficiary name must be correct, a valid signature must be present, the signature cannot be dated before the bidding documents were issued, the document cannot contain any conditions that disadvantage the employer or procuring entity. The bank guarantee or certificate of guarantee insurance must be signed and stamped by a legal representative of a domestic credit institution or foreign bank branch established under Vietnamese law, a domestic non-life insurer, branch of foreign non-life insurer established under Vietnamese law (if any). For insurance contract packages, participating bidders may not present the certificates of guarantee insurance. For the contract package for which the bidding is conducted in advance as prescribed in Article 42 of this Law, the bidder shall not furnish a bid security but must provide a commitment in its bid;”.

9. Certain points and clauses of Article 30 shall be amended as follows:

a) Point b, Clause 4 shall be amended as follows:

b) Technically-responsive bidders may undergo financial evaluation using least-cost selection or evaluated price selection. The bidder who has the lowest bid price (after error correction, deviation adjustment, any discounts or incentives) (for the least-cost selection) or has the lowest evaluated price (for the evaluated price selection) is ranked first. Discount letters that are not published in the bid opening minutes will not be evaluated.

If only one bidder is technically responsive, there is no need to determine the bidder ranking list. The employer does not have to approve the bidder ranking list.”;

b) Clause 5 and Clause 6 shall be amended after as follows:

“5. Expert team prepares a report on the bid evaluation result and sends it to the procuring entity for review. The report on bid evaluation result must include the following contents:

a) Evaluation result for each bid;

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c) List of unqualified and disqualified bidders; reasons for bidder disqualification;

d) Comments on competitiveness, fairness, transparency and economic efficiency in the contractor selection process. If competitiveness, fairness, transparency, or economic efficiency cannot be assured, the procurement entity must clearly document the reasons and propose solutions;

dd) The contents of the bidding documents that are not in accordance with law on bidding, unclear or ambiguous contents that negatively affect the implementation process or compromise the contractor selection result (if any); propose remedial measures;

 In cases where contract negotiations are applicable to contract packages of goods procurement, construction, non-consulting services applying international bidding, mixed contract packages, and contract packages applying limited bidding specified in Clause 1, Article 22 of the Law on Bidding, the employer shall invite the first-ranked bidder to conduct contract negotiation in accordance with the provisions of Article 42 of this Decree.

6. Based on the report on the bid evaluation result and contract negotiation result (if any), the procuring entity shall send a request to the employer for approval according to Article 31 of this Decree. The request for approval for contractor selection result includes the following contents:

a) Evaluation result for each bid;

b) List of considered and ranked bidders and order of ranking of bidders;

c) Contract negotiation result (if any);

d) List of unqualified and disqualified bidders; reasons for bidder disqualification;

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e) Comments on competitiveness, fairness, transparency and economic efficiency in the contractor selection process. If competitiveness, fairness, transparency, or economic efficiency cannot be assured, the procurement entity must clearly document the reasons and propose solutions;

g) The contents of the bidding documents that are not in accordance with law on bidding, the unclear or ambiguous contents that negatively affect the implementation process or compromise the contractor selection result (if any); propose remedial measures;

h) Key considerations (if any).”.

10. Clause 8 shall be added after Clause 7 Article 34 as follows:

“8. Bidding activities conducted in advance as prescribed in Article 42 of the Law on Bidding shall follow the procedures outlined in Clauses 1, 2, 3, 4, 5 and 6 of this Article. The finalization, signing, and management of contract performance specified in Clause 7 of this Article shall be performed after the approval of project investment.”

11. Point b, Clause 3, Article 42 shall be amended as follows:

“b) The expert team prepares a report and sends it to the procuring entity for consideration according to Clause 5 Article 30 of this Decree. The employer does not have to approve the bidder ranking list. If the contract negotiation is applicable, the procuring entity shall invite the first-ranked bidder to conduct contract negotiation in accordance with the provisions of Article 43 of this Decree.

12. Clause 6, Article 43 shall be amended as follows:

“6. Based on the report on the bid evaluation result and contract negotiation result (if any), the procuring entity shall send a request to the employer for approval according to Clause 6 Article 30 of this Decree.”.

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“8. Bidding activities conducted in advance as prescribed in Article 42 of the Law on Bidding shall follow the procedures outlined in Clauses 1, 2, 3, 4, 5 and 6 of this Article. The finalization, signing, and management of contract performance specified in Clause 7 of this Article shall be performed after the approval of project investment.”

14. Point b, Clause 1, Article 61 shall be amended as follows:

“b) Approved specific contractor selection plan.

Draft bidding documents shall be prepare after the approval of the contractor selection plan or may be prepared during the preparation of contractor selection plan provided that it must be approved after the approval of the contractor selection plan;”.

15. Points a and c, Clause 2, Article 76 shall be amended as follows:

c) Point a shall be amended as follows:

“a) Preparation of request for proposals (RFP):

Contents of the RFP include: brief description of the project, procurement estimate; instructions for preparing and submitting proposals; evaluation criteria for bidder's capacity and experience; technical evaluation criteria; contract contract package price determination for direct contracting; contract conditions.

The result of capacity and experience evaluation and technical evaluation for contract packages of goods procurement, construction, non-consulting services, and mixed contract packages shall be expressed as “passed” and “failed”; Using scoring criteria for technical evaluation for contract packages for consulting services. The RFP must clearly state the marking, trademark, specific origin of the goods, and relevant technical and service requirements (if any);

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“c) Identification of the bidder expected to receive the RFPs:

Based on the scale and nature of the contract package and preliminary information about the bidder capable of performing the contract package, the employer determines the bidder to which the RFP is sent. No detailed evaluation of the bidder's capacity or experience is needed at this stage.

The bidder that meets eligibility requirements as prescribed in Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Bidding Law; or the bidder being a household business that meets eligibility requirements specified in Points a and b, Clause 2 and Points d, e, Clause 1, Article 5 of the Bidding Law shall be expected to receive direct contracting and RFP. Individuals and groups that bid on goods procurement contract packages with innovative products shall qualify for direct contracting and RFP if they meet the criteria specified in Clause 5, Article 5 of the Law on Bidding. Bidders must be independent from other organizations and individuals in bidding participation and contract performance in accordance with regulations (if any).”.

16. Points a and c, Clause 2, Article 77 shall be amended as follows:

c) Point a shall be amended as follows:

“a) Preparation of RFP:

Contents of the RFP include: brief description of the project, procurement estimate; instructions for preparing and submitting proposals; evaluation criteria for bidder's capacity and experience; technical evaluation criteria; determination of the least cost; contract conditions.

 The result of capacity and experience evaluation and technical evaluation for contract packages of goods procurement, construction, non-consulting services, and mixed contract packages shall be expressed as “passed” and “failed”; Using scoring criteria for technical evaluation for contract packages for consulting services. The RFP must clearly state the marking, trademark, specific origin of the goods, and relevant technical and service requirements (if any);

b) Point c shall be amended as follows:

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Based on the scale and nature of the contract package and preliminary information about the bidders capable of performing the contract package, the employer determines at least 3 bidders to sent the RFPs. No detailed evaluation of these bidders’ capacity or experience is needed at this stage.

The RFP will be sent to bidders that meets eligibility requirements as prescribed in Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Bidding Law; household businesses that meets eligibility requirements specified in Points a and b, Clause 2 and Points d, e, Clause 1, Article 5 of the Bidding Law. RFPs will be sent to individuals and groups that bid on goods procurement contract packages with innovative products if they meet the eligibility requirements of Clause 3, Article 5 of the Bidding Law. Bidders must be independent from other organizations and individuals in bidding participation and contract performance in accordance with regulations (if any).”.

17. The first paragraph of Clause 3, Article 78 shall be amended as follows:

"3. Direct contracting for contract packages within the direct contracting limit as prescribed in Point m, Clause 1, Article 23 of the Bidding Law must be approved in the contractor selection plan and follow shortened direct contracting procedures. The bidder that meets eligibility requirements as prescribed in Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Bidding Law; or the bidder being a household business that meets eligibility requirements specified in Points a and b, Clause 2 and Points d, e, Clause 1, Article 5 of the Bidding Law may be proposed for direct contracting. Individuals and groups that bid on goods procurement contract packages with innovative products may be proposed for direct contracting if they meet the eligibility requirements of Clause 3, Article 5 of the Bidding Law. Bidders must be independent from other organizations and individuals in bidding participation and contract performance in accordance with regulations (if any). The shortened direct contracting process is carried out as follows:”.

18. Certain points and clauses of Article 79 shall be amended as follows:

a) Point b, Clause 1 shall be amended as follows:

“b) Appraisal of and approval for bidding documents:

Approval for bidding documents must be based on the approval report; bidding documents shall not be used as the basis for approval.";

b) Point dd, Clause 3 shall be amended as follows:

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c) Clause 4 shall be amended as follows:

“4. Submission, approval for, and publication of contractor selection result:

The submission, approval for, and publicization of contractor selection result shall comply with Article 31 of this Decree; contractor selection result shall not be appraised.”.

19. Certain points and clauses of Article 80 shall be amended as follows:

a) Point b, Clause 2 shall be amended as follows:

“b) Approval for the RFPs:

Approval for RFPs must be based on the approval report; the RFPs shall not be used as the basis for approval.";

c) Clause 6 shall be amended as follows:

“6. Submission, approval for and publication of direct procurement result:

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20. Article 82 shall be amended as follows:

“Article 82. Documents, procedures for contractor selection in special circumstances

1. Contract packages for performance of political objectives as directed in Resolutions, Resolutions, and guiding documents of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and key leaders of the Communist Party of Vietnam and the State of Vietnam on project execution and contract package performance that cannot be fulfilled if any of the contractor selection methods specified in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law is applied.

2. Contract packages with strict national defense and security, external affairs, border and territorial security requirements during their implementation, where any of the contractor selection methods specified in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law are applied.

3. Contract packages under the projects or procurement estimates with one or several specific conditions in terms of processes, procedures, criteria for contractor selection, conditions for signing and performing the contract, including:

a) Contract packages for procurement of drugs and vaccines under trials that can only be purchased under their manufacturers’ specific purchase, payment, guarantee, security requirements and other conditions imposed during the contract execution;

b) Contract packages for procurement of drugs, vaccines and medical devices through international organizations;

c) Contract packages for procurement of domestic vaccines used in the expanded program on immunization in case where there is only one domestic manufacturer;

d) Selection of lawyers or solicitors providing legal services for protection of legitimate rights and interests of the State of Vietnam and foreign regulatory authorities at investigative bodies for application of trade remedies and national, foreign, or international jurisdictional bodies or dispute resolution bodies;

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e) Contract packages for performance of political objectives assigned by the Communist Party and the State of Vietnam, including: dissemination of information on printed newspapers, online newspapers, radio and television stations, and other means of mass media in case such information dissemination activities are performed under contracts signed directly by the authorities or units that are granted information dissemination funding with these organizations; cooperation in film production; Contract packages for purchase of information from foreign news agencies, foreign press organizations and for printing of media publications for disseminating principles and policies of the Communist Party or the State of Vietnam.

g) Contract packages for production of broadcasting programs; artistic performances to serve political objectives;

h) Contract packages for provision of printing services, stamps, receipts and seals in accordance with regulations of laws on tax administration and customs; contract packages for purchase of police dogs, police dog training, purchase of drugs, explosives, drug or explosive scent pads used in police dog training;

i) Contract packages for valuation, valuation consulting to determine the value of assets related to urgent criminal issues and cases requested by the competent authorities;

k) Contract packages for provision of conference, seminar, congress, and training session organizing services (including catering, accommodation, transportation for delegates; renting equipment, conference rooms, meeting rooms, and related services) with the requirement to arrange centralized dining and accommodation locations for delegates and to be carried out urgently;

l) Contract packages for serving foreign affairs activities of reception of international delegations visiting and working in Vietnam in accordance with regulations on diplomatic ceremonials; Contract packages for purchases of diplomatic gifts for leaders of the Communist Party of Vietnam, the State of Vietnam, Ministers, Heads of ministerial authorities traveling abroad on work trips or given to international delegations visiting and working in Vietnam;

m) Contract packages for purchasing services from internationally credit rating agencies; contract packages for purchasing international payment services (including associated equipment) exclusively provided by the Society for Worldwide Interbank Financial Telecommunications (SWIFT); contract packages for purchasing services from international financial and currency information providers and transaction platforms;

n) Contract packages for proving school meals or contract packages for purchasing raw materials to supply school meals for boarding and semi-boarding students at public educational institutions;

o) Contract packages for goods or services procurement in case where there is only one manufacturer or provider; contract packages for goods or services procurement sold at uniform price as stipulated by the State of Vietnam, including: electricity, water, fuel, environmental sanitation fees, fixed telephone charges, maintenance of fixed telephone switchboard systems, and other similar goods and services;

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q) Projects to be implemented immediately to ensure connectivity and synchronization between the works following the directives in the Government's Resolution, Decision, Directive, notices of opinions of leaders of the Government of Vietnam that cannot be continuously and synchronously operated if any of the contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law is applied.

r) Consulting contract packages for verification of the pre-feasibility study reports or feasibility study reports under the project which is decided or has the investment guidelines approved by the National Assembly;

s) Contract packages under other projects or procurement estimates having one or some specific requirements regarding contractor selection criteria and procedures, and contract signing and execution that not fall under any of the cases specified in points a, b, c, d, dd, e, g, h, i, k, l, m, n, o, p, q and r of this Clause.

4. Power to make decision for contractor selection in special circumstances:

a) Ministers, heads of Ministerial authorities, Governmental authorities, and other central authorities (hereinafter referred to as “heads of central authorities”), Chairperson of the provincial People's Committee shall make decision and be responsible for contractor selection decision in special circumstances for contract packages under projects, procurement estimates specified in Clause 1, Clause 2, and Point s of Clause 3 of this Article;

b) The Minister of Health shall make decision and be responsible for contractor selection decision in special circumstances specified in points a, b, and c of Clause 3 of this Article ;

c) The Chairperson of the State Assessment Board shall make decision and be responsible for contractor selection decision in special circumstances specified in point r Clause 3 of this Article;

d) Competent persons of the projects and procurement estimates shall make decision and be responsible for contractor selection decision in special circumstances specified in points d, dd, e, g, h, i, k, l, m, n, o, p, and q Clause 3 of this Article .".

21. Article 83 shall be amended as follows:

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1. For contract packages specified in Clauses 1, 2, and point s Clause 3 of Article 83 of this Decree:

a) Based on the application for contractor selection in special circumstances submitted by the proposing authority or unit, the head of central authority or the chairperson of provincial People's Committee shall assign another authority or unit to appraise;

b) The application includes: Written proposal, draft decision of the head of central authority or the chairperson of provincial People's Committee, and relevant documents. The written proposal for contractor selection in special circumstances includes following contents: basic information about the project, procurement estimate, contract package (name of the project, procurement estimate, contract package; capital sources, total investment of the project, estimated value of procurement, contract contract package price of contract package; expected performance duration; other necessary matters); for contract packages specified in Clause 1 Article 82 of this Decree, the application shall also include explanations of necessity and the reason why if any of the contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding is applied, the directives in the Government's Resolution, Decision, Directive, notices of opinions of leaders of the Government of Vietnam shall not be implemented; for contract packages specified in Clause 2 Article 82 of this Decree, the application shall also include explanations of necessity, national defense and security, external affairs, border and territorial security requirements, and reasons of non-application of contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding; for contract packages specified in point s, Clause 3 Article 82 of this Decree, the application shall also include explanations of necessity, specific conditions in terms of procedures, criteria for contractor selection, conditions for signing and performing the contract, and reasons of non-application of contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding; the draft contractor selection plan includes: procedures for contractor selection and other related contents to meet the specific conditions of the contract package under the project or procurement estimate, ensuring the selection of contractors with sufficient capacity, experience and feasible and effective solutions. The draft decision of the head of central authority or the chairperson of provincial People's Committee includes contents specified in point dd of this Clause;

c) During the appraisal procedures for contract packages specified in Clause 1 and point s, Clause 3 of Article 82 of this Decree, Ministries, Ministerial authorities, Governmental authorities, other central authorities, and provincial People's Committees shall submit applications for opinion solicitation to relevant ministries and authorities concerning the content within their scope of management (if necessary); for contract packages specified in Clause 2 of Article 82 of this Decree, applications for opinion solicitation on the requirements and contents concerning national defense and security, foreign affairs, and territorial borders shall be submitted to the Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs, and relevant authorities (if necessary) according to their scope of management.

d) According to opinions of authorities specified in point c of this Clause, the competent authority or unit shall prepare the appraisal report, including: Evaluation of necessity, reasons for applying contractor selection in special circumstances; opinions on the contractor selection plan in special circumstances and the draft of the decision of the head of central authority or the chairperson of provincial People's Committee in case of approval; the proposal of the head of the central authority or the chairperson of provincial People's Committee to approve or unapproved the application of contractor selection in special circumstances;

dd) Based on the proposal dossier and appraisal report, the head of central authority or the chairperson of provincial People's Committee shall consider approving the application of contractor selection in special circumstances. The draft decision of the head of central authority or the chairperson of provincial People's Committee includes following contents: Approval for of the application and the contractor selection plan in special circumstances for the contract package within the project and procurement estimate; responsibilities of competent persons, employers, employers and relevant authorities in the contractor selection procedures; other requirements for implementation of the contract package within the project and procurement estimate (if any).

2. For contract packages specified in points a and b Clause 3 of Article 83 of this Decree:

a) The Minister of Health shall assign affiliated authorities and units to request the application of contractor selection in special circumstances, assign other affiliated authorities and units to appraise the request;

b) The application includes: Application form, draft decision of the Minister of Health, and related documents. The written proposal for contractor selection in special circumstances includes following contents: basic information about the project, procurement estimate, contract package (name of the project, procurement estimate, contract package; capital sources, total investment of the project, estimated value of procurement, contract contract package price of contract package; expected performance duration; other necessary matters); explanations of necessity and specific conditions specified in Clause 1, Article 29 of the Bidding Law, reasons of non-application of contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding; the draft contractor selection plan includes: procedures for contractor selection and other related contents to meet the specific conditions of the contract package under the project or procurement estimate, ensuring the selection of contractors with sufficient capacity, experience and feasible and effective solutions;

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In the cases where an international organization or manufacturer of drugs, vaccines, and medical equipment has their own conditions of trading, contract signing (if any), advance payment, payment as binding conditions for the supply of drugs, vaccines, and medical equipment, the procedures shall comply with regulations of such international organization, manufacturer.

3. For contract packages specified in point c Clause 3 of Article 82 of this Decree:

a) The Minister of Health shall assign affiliated authorities and units to fulfill the responsibilities of the employer in placing orders for vaccines;

b) Bases on the expanded immunization plan, the employer shall estimate the quantity and types of vaccines, the time of vaccine supply (may order vaccines for more than 01 year), estimated unit price, contract contract package price, and other necessary contents; prepare a proposal requesting approval of the contractor selection plan and submit it to the Ministry of Health for appraisal and approval. In the case of ordering for multiple years, the estimated value for each year must be prepared. The proposal dossier includes: Application form, draft decision for approval of the contractor selection plan of the Minister of Health, and related documents;

c) Based on the written proposal and appraisal report of the investor, the Minister of Health shall decide whether to approve the contractor selection plan;

d) Based on the approved contractor selection plan, the employer shall approve the decision to place an order and sign contracts with domestic vaccine manufacturers to produce and supply vaccines for the Expanded Immunization Program;

dd) Before December 31st of each year, vaccine manufacturers shall prepare pricing planning documentation corresponding to the supply quantity for the Expanded Immunization Program, submit it to the Ministry of Health. The Ministry of Health shall forward such documentation to the Ministry of Finance for appraisal, approval, and notification of the maximum vaccine price;

e) Based on the maximum vaccine price notified by the Ministry of Finance, the Ministry of Health shall decide to approve a specific price that does not exceed the maximum price. The annual contract settlement value shall be determined based on the quantity of vaccines and the specific price approved by the Ministry of Health.

4. For contract packages specified in point d Clause 3 of Article 82 of this Decree:

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b) The agency handling the lawsuit will negotiate legal service contracts with the most advantageous law-practicing organizations and lawyers based on the criteria, terms of reference and control mechanism of law-practicing organizations and lawyers in the lawsuit;

c) The head of the agency handling the lawsuit approves and announces the result of selecting law-practicing organization, lawyer;

d) The agency handling the lawsuit finalizes and signs a legal service contract with the chosen law-practicing organization, lawyer.

5. 5. For contract packages specified in points dd, e, g, h, i, k, l, m, n and o Clause 3 of Article 82 of this Decree, except for the contract packages specified in Clause 5 of this Article:

a) Prepare, evaluate, and approve the specific contractor selection plan.

For contract packages specified in point 1 Clause 3 of Article 82 of this Decree, within 10 days from the start of the contract package execution, the employer must complete the procedures specified in this point;

b) Negotiate contract with bidders having sufficient capacity and experience;

c) Approve and publicize contractor selection results;

d) Finalize and sign the contract with the contractor:

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dd) Specific contractor selection plans, contractor selection result and other bidding information are posted in accordance with Article 7 and Article 8 of the Bidding Law.

In cases specified in point n Clause 3 Article 82 of this Decree, if a public educational institution is in extremely disadvantaged area according to the provisions of the investment laws, the head of such public educational institution shall decide providing meals or purchasing ingredients, ensuring cost-effectiveness, efficiency, and reporting regime based on invoices and records without having to follow the procedures stipulated in this Clause.

In cases specified in point o, clause 3, Article 82 of this Decree, the employer shall complete and sign a contract with the supplier stipulated in point d of this Clause without having to follow the procedures stipulated in points a, b, c, and dd of this Clause.

Competent persons, employers, and procuring entities shall discharge responsibilities prescribed in Articles 77, 78, and 79 of the Law on Bidding.

6. For contract packages to buy air tickets for domestic and international business trips stipulated in Point dd, Clause 3, Article 82 of this Decree:

a) For international business trips, the agency receiving budget and responsible for buying air tickets (based on the approved work plan and flight itinerary) must obtain at least two quotes from two different air ticket agents (or quotes from one air ticket agent representing at least two airlines, with at least one being Vietnam national airline). These quotes should be for the same flight itinerary and will be compared to select the most suitable provider on the basis of meeting the requirements: direct flight, suitable for work schedule; offers the lowest total price, including airfare (taxes and surcharges), travel expenses, and airport wait time fees. The head of agency responsible for airfare purchases must prioritize cost-effectiveness when contracting with the airline and remains accountable for their decisions. In case of changing flight routes abroad due to business needs, the agency head shall decide the airfare purchases based on the request of the head of the mission;

b) For groups going on domestic business trips: .

The agency head responsible for airfare purchases must prioritize cost-effectiveness when contracting with the airline and remains accountable for their decisions;

c) Airfare purchases for domestic and international business trips according to Points a and b of this Clause do not require the preparation, appraisal, and approval for a specific contractor selection plan.

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a) Based on the application for contractor selection in special circumstances proposed by the employer, the competent person shall assign another agency to appraise the application.

b) The application include: Application form, draft decision of the competent person, and related documents. The written proposal for contractor selection in special circumstances includes following contents: basic information about the project, procurement estimate, contract package (name of the project, procurement estimate, contract package; capital sources, total investment of the project, estimated value of procurement, contract contract package price of contract package; expected performance duration; other necessary matters); for contract packages specified in point p, Clause 3, Article 82 of this Decree, the application shall also include explanations of necessity of the contract package under urgent project or procurement estimate to ensure completion of the contract package and project in accordance with the directives in the Government's Resolution, Decision, Directive, notices of opinions of leaders of the Government of Vietnam, and the reason why it cannot be completed in time if any of the contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding is applied; for contract packages specified in point q, Clause 3, Article 82 of this Decree, the application shall also include explanations of necessity of the projects that must be continuously and synchronously operated following the directives in the Government's Resolution, Decision, Directive, notices of opinions of leaders of the Government of Vietnam; and the reason why it cannot be continuously and synchronously operated if any of the contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding is applied; the draft contractor selection plan in special circumstances includes the following contents:

 procedures for contractor selection and other related contents to meet the specific conditions of the contract package under the project or procurement estimate, ensuring the selection of contractors with sufficient capacity, experience and feasible and effective solutions. Draft decision of the competent person includes the contents specified in point d of this Clause;

c) During the appraisal procedures, competent persons shall submit applications for opinion solicitation to relevant ministries and authorities concerning the content within their scope of management (if necessary);

d) Based on the proposal dossier and appraisal report, the competent persons shall consider approving the application of contractor selection in special circumstances. The decision of the competent person includes following contents: Approval for of the application and the contractor selection plan in special circumstances for the contract package within the project and procurement estimate; responsibilities of competent persons, employers, procuring entities and relevant authorities in the contractor selection procedures; other requirements for implementation of the contract package within the project and procurement estimate (if any).

8. For contract packages specified in point r Clause 3 of Article 82 of this Decree:

a) The interdisciplinary Appraisal Expert Group shall determine the capacity and experience of consulting contractors to immediately provide consulting services in accordance with regulations, and report to the Chairperson of the State Appraisal Council for approval;

b) Within 15 days from the approval of the Chairperson of the State Appraisal Council, The interdisciplinary Appraisal Expert Group must complete the following procedures: Prepare and send a draft contract to the consulting contractor, specifying the scope, content of the work to be performed, performance duration, quality of work to be achieved, and contract value for contract negotiation and finalization; conduct the contract negotiation and finalization; submit the selection results to the Chairperson of the State Appraisal Council for approval; prepare to sign the contract with the selected consulting contractor. The contract shall be signed between three parties, including the representative of the State Appraisal Council, the employer (investor or agency assigned to prepare the project) and the selected consulting contractor.

9. for contract packages specified in Clause 2, points a, b, and s, Clause 3 Article 82 of this Decree, the application for contractor selection shall include the reasons of non-application of contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding; for contract packages specified in Clause 1, points p and q Clause 3 Article 82 of this Decree, the application for contractor selection shall include the reasons why it cannot be fulfilled if any of the contractor selection methods specified in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law is applied; for contract packages specified in points c, d, dd, e, g, h, i, k, l, m, n, o and r, Clause 3, Article 82 of the Decree, the application for contractor selection shall include the reasons of non-application of contractor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Law on Bidding.”

22. Clause 2 of Article 88 shall be amended as follows:

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23. Article 97 shall be amended as follows:

a) Clause 2 shall be amended as follows:

“2. Evaluation criteria of prequalification applications, EOIs, and bids shall be performed in accordance with the provisions of Articles 23, 24, 35, 36, 60, and 61 of this Decree. Prequalification applications, EOIs, and bids shall be considered valid when the bidder is not in a stage of suspension or termination from participating in the System.”.

b) Clause 5a shall be added after Clause 5 as follows:

 “5a. The contract negotiation shall be conducted in accordance with the provisions of Clause 3a of Article 22, Clause 5 of Article 30, Clause 5 of Article 34, Article 43, Clause 5 Article 59, and Article 69 of this Decree.".

24. Certain points of Clause 3 Article 98 shall be amended as follows:

a) Points a and b shall be amended as follows:

a) Contract packages for procurement of goods and provision of non-consulting services with a value of no more than 300 million VND for procurement estimates, except for the case specified in point d of this Clause;

b) Contract packages for procurement of goods and provision of non-consulting services with a value of no more than 1 billion VND for projects;”;

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“d) Divided contract packages for procurement of goods (excluding drugs) for retailing at retail facilities within the premises of public healthcare facilities, where each part is an item with a value of no more than 1 billion VND for procurement estimates.”.

25. Certain points and Clauses of Article 101 shall be amended as follows:

a) Point a Clause 1 shall be amended as follows:

“Specific requirements on origin, marking, trademark, manufacturer, technical specifications of goods, delivery time, warranty and other necessary matters (if any) for goods procurement contract package; scope of work, technical requirements, performance duration, service completion time, and other necessary matters (if any) for non-consulting service contract packages; The delivery time, and service completion time must be appropriate and do not limit the participation of bidders or investors according to the provisions of Point k Clause 6 Article 16 of the Law on Bidding;”;

b) Clause 3 shall be amended as follows:

“3. Bidders participate in direct online quotation on VNEPS to bid for the items listed in the invitation to bid and can offer their prices within the time limit specified in the invitation. From the second quotation, bidders are not allowed to offer their prices lower than 90% of the lowest price specified in the VNEPS.”;

c) Point c shall be added after point b of Clause 5 as follows:

“c) Based on the results of direct online quotation on VNEPS, the employer shall invite the first-ranked bidder to accept the contract award approval on VNEPS. The bidder that is invited are responsible for accepting the contract award approval. In the cases where the bidder refuses or fails to accept the contract award approval within 03 working days from the date the procuring entity invites the bidder to accept the contract award approval on VNEPS, the bidder shall have its name published on VNEPS, have their account locked for a period of 06 months from the date the Ministry of Planning and Investment receives the request from the employer, and have their reputation evaluated in bidding participation; the procuring entity shall invite the next-ranked bidder to accept the contract award approval.”;

b) Clause 6 shall be amended as follows:

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The submission, approval for, and publication of contractor selection result shall comply with Article 31 of this Decree.”.

26. Clause 1 of Article 102 shall be amended as follows:

“1. Online procurement must be approved in the specific contractor selection plan and is applied to goods or services of contract packages included in the procurement estimate with a contract contract package price not exceeding 300 million VND; contract packages for procurement of goods or services under projects with a contract contract package price not exceeding 1 billion VND.”.

27. Clause 1 of Article 126 shall be amended as follows:

“1. The Ministry of Planning and Investment shall appraise overall contractor selection plans and specific contractor selection plans that are under the approval authority of the Prime Minister.”.

28. Point a Clause 2 Article 128 shall be amended as follows:

“a) Legal grounds for making a specific contractor selection plan:

Consider the appropriateness and completeness of the legal grounds for planning contractor selection and necessary notes (if any).

For pre-bid contract packages, a specific contractor selection plan shall be made before the international treaties and foreign loan agreements are signed for projects using ODA capital and concessional loans from foreign sponsors, or before the project is approved for investment according to the regulations in Article 42 of the Bidding Law.”.

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“a) Documents submitted for appraisal and approval include:

Request for approval for the contractor selection results of the procuring entity, which must clearly state the procuring entity's opinions on the proposals and recommendations of the expert team;

Report on the results of evaluation of bids and proposals from the expert team;

Minutes of contract negotiations (if any);

Minutes of documents verification (if any);

Photocopies of the following: bidding documents, RFPs, bid opening minutes, bids, proposals of bidders, and other relevant documents; if the list of technically-responsive bidders has been appraised, only the record of opening the financial proposals and photocopies of the financial proposals of the technically-responsive bidders will be sent.”.

30. Certain Clauses of Article 131 shall be amended as follows:

a) Point a Clause 5 shall be amended as follows:

"a) Allow extending the bid submission deadline by 05 days to increase the number of bidders submitting EOI responses, prequalification applications, and bids;”;

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“a) Impose contract penalties according to the contract;

b) Confiscate the contract performance security deposit of all joint venture parties in cases where the remaining work of violating joint venture parties is divided into divided contract packages according to the provisions of point dd of this Clause. In the cases where the remaining work of violating joint venture parties is assigned to other parties according to the provisions of point d of this Clause, only the joint venture parties who violated the contract shall have their contract performance security deposit forfeited;

d) The work of violating joint venture parties shall be assigned to remaining parties to perform if these members have the capacity and experience required;”;

c) Clause 24 shall be amended as follows:

“24. If a joint venture needs to finish a contract faster than originally planned (which requires revision to the contract), or due to objective conditions not caused by the contractor (natural disasters, floods, scarcity of construction materials, delayed handover of construction sites, changes in geological conditions, and other objective conditions not caused by the contractor), leading to the inability to meet the schedule requirements, or due to unforeseeable circumstances affecting the contract schedule, the employer and bidder may agree on a new schedule and adjust the workload among the joint venture members accordingly with the schedule or the shortened schedule. In this case, the employer must ensure that the party undertaking the extra work has enough capacity and experience to do that and transferring work among the parties is not for bid transfer purpose..”;

d) Clauses 28a, 28b, 28c and 28d shall be added after Clause 28 as follows:

“28a. For construction contract packages, non-consulting service contract packages, and consulting service contract packages applying bidding in advance according to the provisions of Article 42 of Law on Bidding, in the cases where the approved project has any content that result in an increase in the contract contract package price (or increase in the contract package estimate if the estimate is approved after the contractor selection plan is approved) by 30% or more, or content that result in changes in the technical evaluation criteria or changes in the construction grade specified in issued bidding documents, the employer shall cancel the bid according to Clause 1, Article 17 of the Bidding Law; in the cases where the approved project does not result in an increase in the contract contract package price or contract package estimate by 30% or more, does not change the technical evaluation criteria, or the construction grade specified in issued bidding documents and the selected bidder is awarded the contract, the employer may modify, supplement the volume of work, and finalize for contract signing with the winning bidder.

For goods procurement contract packages applying bidding in advance according to the provisions of Article 42 of Law on Bidding, in the cases where the approved project has any content that result in an increase in the volume of work by 20% or more, or content that result in changes in the type of goods specified in issued bidding documents, the employer shall cancel the bid according to point b, Clause 1, Article 17 of the Bidding Law; in the cases where the approved project does not result in an increase in the volume of work by 20% or more, does not change the type of goods specified in issued bidding documents and the selected bidder is awarded the contract, the employer may modify, supplement the volume of work, and finalize for contract signing with the winning bidder.

28b. For divided contract packages, in the cases where the contract contract package price of each part exceeds 30% of the corresponding value in the contract package estimate, the procuring entity shall request the bidder to clarify the elements constituting the bid cost, and consider relevant evidence as follows:

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b) Market price determined through market analysis, market consultation according to Clause 3, Article 15 of this Decree;

c) Origin of goods, services according to legal regulations.

If the conditions specified in Points a, b and c of this Clause and Claus 4 Article 27 of this Decree are met, the bidder's bid will still be accepted as the winning bid.

28c. In cases where the contract package has special characteristics and applies direct contracting or contractor selection in special circumstances, and the foreign contractor requests a binding commitment to sign a contract without having to register on VNEPS, the employer shall not request such foreign contractor to register when announcing the contractor selection results.

28d. For contract packages applying online contractor selection, in cases where during the evaluation of bids, there is no selection result yet and a bidder listed in the bid opening minutes has its account locked in accordance with bidding laws, the bid of such bidder shall not be further evaluated.

dd) Clause 29 shall be amended as follows:

“29. In addition to the provisions from Article 1 to Article 28d of this Decree, in case of unexpected situations, the employer shall consider deciding the handling of the situation, ensuring competition, fairness, transparency, economic efficiency, and accountability.”.

31. Replace the phrase “The design in EPC, EP, EC contract packages under construction projects specified in this Clause can be either FEED or basic design; however, if engineering design or a two-stage design process is mandated by construction law, these contract packages cannot be formed” in Clause 3, Article 3 with the phrase “EPC, EP, EC contract packages shall be formed based on FEED or basic design; however, if engineering design is mandated, these contract packages cannot be formed”.

32. Replace the phrase “If multiple quotations are received, the average price should be used” in point d Clause 2 Article 16 with the phrase “If multiple quotations are received, the average price shall be used”.

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Article 3. Amendments to certain Articles of the Government’s Decree No. 115/2024/ND-CP dated September 16, 2024 elaborating some articles of and introducing measures for implementing the Law on Bidding regarding selection of investors executing investment land-based projects

1. Point d Clause 1 Article 1 shall be amended as follows:

“d) Clause 2, Article 34a and Clause 4, Article 35 on investor selection in special circumstances and investor selection procedures;”.

2. Chapter IVa including Articles 44a and 44b shall be added after Chapter IV as follows:

“Chapter IVa

INVESTOR SELECTION IN SPECIAL CIRCUMSTANCES

Articles 44a. Cases and power to make decision for investor selection in special circumstances:

1. Projects with requirements for assurance of national interests or achievement of political objectives as directed in Resolutions, Conclusions, and guiding documents of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and key leaders of the Communist Party of Vietnam and the State of Vietnam that cannot be fulfilled if any of the investor selection methods specified in Article 1 and Article 2 of Article 34 of the Bidding Law is applied.

2. Projects with requirements for assurance of national defense security, foreign affairs, and border territory based on the opinions of the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Foreign Affairs that cannot be fulfilled if any of the investor selection methods specified in Article 1 and Article 2 of Article 34 of the Bidding Law is applied.

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a) Offshore wind power projects executed as prescribed in in the law on electricity;

b) Urgent projects that must be carried out following the directives in the Government's Resolution, Decision, Directive, notices of opinions of leaders of the Government of Vietnam that cannot be completed in time if any of the investor selection methods stipulated in Articles 21, 22, 23, 24, 25, 26, 27, and 28 of the Bidding Law is applied.

c) Projects that must be carried out immediately following the directives in the Government's Resolution, Decision, Directive, notices of opinions of leaders of the Government of Vietnam that cannot be continuously and synchronously operated if any of the investor selection methods stipulated in Clauses 1 and 2 of Article 34 of the Bidding Law is applied.

d) Other projects with specific requirements and conditions regarding investment procedures, land allocation, land lease, sea area allocation; procedures, methods, and criteria for investor selection, and contents of investment project contracts, in which competitive bidding and limited bidding methods are not applied.

4. Competent authorities shall select investors in special circumstances for projects stipulated in Clauses 1, 2, and 3 of this Article.

Articles 44a. Procedures for decision on investor selection in special circumstances:

1. Based on the requirements for project implementation, directives in the Resolutions, Conclusions, and guiding documents of the Central Committee of the Communist Party of Vietnam, the Politburo, the Secretariat, and key leaders of the Communist Party of Vietnam and the State of Vietnam (for projects specified in Clause 1 Article 44a of this Decree) or directives in the Government's Resolutions, Decisions, Directives, notices of opinions of leaders of the Government of Vietnam (for projects specified in Clause 3 Article 44a of this Decree), the competent persons shall assign competent authorities, affiliated units, or specialized authorities to prepare a proposal to apply investor selection in special circumstances. The dossier includes:

a) Written proposal written proposal for investor selection in special circumstances includes following contents: basic information about the project; explanation of the necessity and reasons for applying investor selection in special circumstances; presentation of the investor selection plan including key contents about the investor selection procedures, conditions for contract signing, and other related contents to meet the specific conditions of the project; proposals and recommendations;

b) Draft decision to apply investor selection in special circumstances, including contents specified in Article 5 of this Article;

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2. Competent authorities shall send applications for opinion solicitation to relevant ministries and authorities concerning the necessity and reasons for applying investor selection in special circumstances, including:

a) Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs for the projects specified in Clause 2, Article 44a of this Decree.

b) Relevant ministries and authorities for the projects specified in Clause 1 and Clause 3, Article 44a of this Decree (if necessary).

3. The enquired authorities concerning the necessity and reasons for applying investor selection in special circumstances shall respond to the competent authorities.

4. Competent persons shall assign an independent agency or unit specified in Clause 1 of this Article to consolidate opinions of the relevant agencies and organize the appraisal of the proposal to apply investor selection in special circumstances. The appraisal report includes the following contents:

a) Evaluation of the necessity and reasons for application of investor selection in special circumstances as stipulated in Article 34a of the Bidding Law;

b) Opinions on the investor selection plan in special circumstances and draft decision of the competent authority in case of approval;

c) Recommendations for competent authorities to approve or disapprove the application of investor selection in special circumstances.

5. Based on the proposal dossier and appraisal report, the competent authorities shall consider approving the application of investor selection in special circumstances. The decision of the competent authority includes following contents:

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b) Investor selection plan in special circumstances, including: Investor selection procedures and investor selection progress schedule stipulated in Article 12 of this Decree; conditions for signing and performing the contract; other related contents to meet the specific requirements and conditions of the project, ensuring the selection of investors with sufficient capacity, experience, and solutions to ensure the efficiency of the business investment plan, land use, sector investment, and local development.

c) Responsibilities of procuring entities and relevant agencies during investor selection procedures;

d) Other requirements during the project implementation process (if any).

6. The procuring entity shall select investors according to the approved plan. Based on the results of investor selection and the signed project contract, the investment project contract shall be implemented according to the provisions in Chapter VI of this Decree.

Article 4. Amendments to point a, Clause 2, Article 3 of Decree No. 95/2020/ND-CP dated August 24, 2020 providing guidance on bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as the basis for bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, and the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland.

Point a Clause 2 Article 3 shall be amended as follows:

a) It is a signatory of the CPTPP Agreement dated March 08, 2018; the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as “CPTPP Member State”);”

Article 5. Implementation clauses

1. This Decree comes into force from the date on which it is signed.

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a) In case the EOI requests, prequalification documents, bidding documents or RFPs for contract packages have been approved and issued before the effective date of this Law, the shortlisting, investor selection, signing of contract and management of contract performance shall continue to be carried out in accordance with the the Law on Bidding No. 22/2023/QH15, Decree No. 24/2024/ND-CP, and legislative documents elaborating and providing guidelines on this Law.

b) From January 15, 2025 to the day before the effective date of this Decree, the selection of investors shall continue to be carried out in accordance with the Law on Bidding No. 22/2023/QH15, Law on amendments to the Law on Planning, Law on Investment, Law on Public-Private Partnership Investment and Law on Bidding, and provisions of Decree No. 24/2024/ND-CP which are still conformable with the provisions of the Law on amendments to the Law on Planning, Law on Investment, Law on Public-Private Partnership Investment and Law on Bidding.

c) In case draft international treaties in the name of the State have been appraised in accordance with the provisions of the Law on Treaties before the effective date of Law on amendments to the Law on Planning, Law on Investment, Law on Public-Private Partnership Investment and Law on Bidding, the authority in charge of negotiation shall request the Government to decide the application of the regulations bidding regulations different from those of the Law on Bidding or are not included in the Law on Bidding adopted by the donor or international organization (of which the Socialist Republic of Vietnam is a member) based on the appraised draft international treaty dossier.

ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha

Nghị định 17/2025/NĐ-CP sửa đổi các Nghị định hướng dẫn Luật Đấu thầu