Is it mandatory to carry out international bidding when using foreign capital in Vietnam?

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Question date: 30/08/2022

Our unit is preparing to implement the investment project on construction of roads with ODA foreign funding. The ODA donor is still no need for international bidding to select the construction unit in Vietnam. So do we have to do international bidding? 

    • Is it mandatory to carry out international bidding when using foreign capital in Vietnam?
      (illustration)
    • Pursuant to Clause 1, Article 15 of the Bidding Law 2013, cases in which international bidding must be carried out include:

      1. International bidding shall be held to select bidder only when it meets one of the following conditions:

      a) The donor of package requests for holding international bidding;

      b) Packages for procurement of goods where the goods are not yet able to be manufactured domestically or able to be manufactured but fail to meet technical, quality or price requirements. In case of common goods, already been imported and offered for sale in Vietnam, do not organize international bidding;

      c) Packages of providing consulting service, non-consulting service, works, mixture provision which domestic bidders are not able to satisfy requirements of package performance.

      Therefore, if the donor of the bidding package requests the organization of international bidding, it is necessary to carry out international bidding. In the case of your unit, if the ODA donor does not have the requirements to conduct international bidding but the units in Vietnam can meet the requirements, it is not necessary to conduct international bidding.

      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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