Can bidding packages to repair headquarters under 200 million be applied a shortened process in Vietnam?

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Question date: 21/03/2023

I want to know about the field of construction and installation: My unit is repairing the headquarters with a value of less than 200 million . So we are allowed to apply a shortened process in Vietnam or not? Hope to get an answer. Thank you

    • Can bidding packages to repair headquarters under 200 million be applied a shortened process in Vietnam?

      In Clause 1, Article 56 of Decree 63/2014/ND-CP, it is stipulated:

      1. The shortened process is applied to contracts defined in Point a Clause 1 Article 22 of the Law on Bidding, except for those that must be executed to ensure state secrets:

      The investor or the regulatory body in charge of the contract shall appoint an experienced and capable contractor to execute the contract. Within 15 days from the appointment, both parties must complete the no-bid contract awarding procedures, including: preparing and sending the draft contract to the contractor, which specifies the tasks, schedule, quality, and corresponding value, then concluding the contract. According to the result of contract negotiation, the investor or the regulatory body shall approve the no-bid contract and sign the contract with the selected contractor. The contractor selection shall be announced in accordance with Point d Clause 1 Article 7 and Point c Clause 1 or Point b Clause 2 Article 8 of this Decree.

      And at Point a, Clause 1, Article 22 of the Law on Bidding, it is stipulated:

      1. Direct Contracting for contractor shall apply in the following cases:

      a) Packages need to be performed to immediately overcome or timely handle consequences caused by force majeure event; packages need to be performed to ensure national secret; packages need to be carried out immediately to not cause damages directly to life, health and assets of population communities on geographical areas or to not severely affect to adjacent projects; procurement of purchasing drugs, chemicals, supplies, and health equipment in order to carry out the work of prevention and fighting of epidemics in urgent cases;

      b) Urgent packages need to be carried out aiming to protect national sovereignty, national borders, and islands;

      c) Packages of provision of consulting services, non-consulting services, procurement of goods which must buy from contractors performed previously due to ensuring the compatibility of technologies, copyright which not able to buy from other contractors; packages with nature of research, test; purchase of intellectual property copyright;

      d) Packages provide consulting service for making feasible study reports, construction designs which have been appointed for authors of designs of works architectures who won in selection or are selected when authors have full conditions and capability in accordance with regulations; packages of construction of statues, reliefs, monumental paintings, art works in association with author right from the creation stage to stage of construction of the works;

      dd) Packages of relocation of technical infrastructure works managed directly by a specialized unit in order to serve the work of ground clearance; packages of detection and disposal of bombs, mines, explosives in order to prepare construction of works;

      e) Packages of providing public products and services, packages with package price in the limitation allowed to apply Direct Contracting as prescribed by Government in line with economic-social conditions in each period.

      Thus, according to the above regulations in Vietnam, the bidding package to repair the headquarters under 200 million in the above category will be applied a shortened process.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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