List of Vietnam Law
Circular No. 19/2015/TT-BKHDT dated November 27, 2015 of the Ministry of Planning and Investment on detailed regulations on establishment of assessment report during contractor ion process
Date: 11/27/2015
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THE MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
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No. 19/2015/TT-BKHĐT
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Hanoi, November 27, 2015
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CIRCULAR
DETAILED REGULATIONS ON ESTABLISHMENT OF ASSESSMENT REPORT DURING CONTRACTOR SELECTION PROCESS
Pursuant to the Law on Bidding No. 43/2013/QH13 dated November 26, 2013;
Pursuant to the Government’s Decree No.63/2014/ND-CP dated June 26, 2014 detailing the implementation of a number of articles of the Law on Bidding;
Pursuant to the Government's Decree No.116/2008/ND-CP dated November 14, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
The Minister of Planning and Investment promulgates the Circular detailing the establishment of assessment report during contractor selection process.
Article 1. Scope and regulated entities
1. Governing scope
This Circular details the establishment of reports on assessment of EOI requests, prequalification document, invitation for bid, request for proposals, results of assessment of EOI response, technical proposals, prequalification application and selection of contractors with respect to the bid packages within the governing scope in the Law on Bidding No. 43/2013/QH13.
2. Regulated entities
This Circular applies to organizations and individuals participating in or involved in selection of contractors as prescribed in Clause 1, this Article.
Article 2. Specimen assessment report
1. For bid packages belonging to regular procurement plan, submission of EOI requests, prequalification document, invitation for bid, request for proposals, results of assessment of EOI response, technical proposals, prequalification application and selection of contractors shall be carried out by the units selected by the procuring entity.
2. In case of establishment of reports on assessment of EOI requests, prequalification document, Sample 01 enclosed herewith shall be applied;
3. In case of establishment of reports on assessment of invitation for bid, Sample 02 enclosed herewith shall be applied;
4. In case of establishment of reports on assessment of request for proposals, Sample 03 enclosed herewith shall be applied;
5. In case of establishment of reports on assessment of EOI response, prequalification application, Sample 04 enclosed herewith shall be applied.
6. In case of establishment of reports on assessment of selection of contractors according to One Single-Stage – One Envelop bidding procedure, Sample 05 enclosed herewith shall be applied.
7. In case of establishment of reports on assessment of technical proposals, selection of contractors according to One Single-Stage – Two Envelop bidding procedure, Sample 06 enclosed herewith shall be applied.
8. For bid packages belonging to projects using ODA, concessional loans arising from International Agreement between Vietnam and the sponsor, the samples enclosed herewith may be applied if approved by the sponsor or supplements and amendments can be made to meet provisions on bidding as prescribed in the International Agreement.
9. For bid packages applying online selection of contractors, this Circular shall be based on to make appropriate use.
10. For bid packages applied according to two-stage procedure, mixed packages, samples enclosed herewith may be used with some amendments in case of establishment of reports on assessment of bids (stage one), assessment of technical proposals, selection of contractors.
11. In case amendments and supplements are made to the samples enclosed herewith, the organizations or individuals carrying out the assessment should ensure such amendments and supplements are appropriate and not in opposition with the laws on bidding.
Article 3. Time of assessment
Maximum time of assessment is 20 days since the assessing organization receives submissions. For selection of contractors, in case Two-stage and One-envelop procedure is applied, time of assessment is calculated as total time for assessment of technical proposals and selection of contractors combined.
Article 4. Requirements for members participating in assessment team
1. Members of the assessment team should meet following requirements:
a) Have certificates of training in bidding, bidding practice certificate as prescribed;
b) Have professional competence in bidding;
c) Have at least three years of experience in the areas assigned; for bid packages to be implemented in remote areas or severely disadvantaged areas, only one year of experience is required;
d) Have adequate English level for international bid packages;
e) Have a written commitment in the Appendix enclosed herewith;
2. Persons who are mothers, fathers, mothers-in-law, fathers-in-law, children, adopted children, daughters-in-law, sons-in-law, brothers and sisters of the individuals involved in the establishment of EOI requests, prequalification document, invitation for bid, request for proposals shall not be allowed to be involved in the assessment of such documents.
3. Persons who are mothers, fathers, mothers-in-law, fathers-in-law, children, adopted children, daughters-in-law, sons-in-law, brothers and sisters of the individuals involved in the assessment of EOI response, technical proposals, result of selection of contractors shall not be allowed to be involved in the assessment of such documents.
Article 5. Implementation
1. This Circular takes effect since January 15, 2016. This Circular supersedes Circular No. 21/2010/TT-BKH dated October 28, 2010 detailing assessment of invitation for bid, request for proposals and Circular No. 08/2010/TT-BKH dated April 21, 2010 detailing establishment of reports on assessment of bidding result.
2. Ministries, ministerial-level agencies, Governmental agencies, other central agencies, People’s committees at all levels and relevant organizations and individuals shall be responsible for executing this Circular.
Difficulties that arise during the implementation of this Circular should be reported (by relevant agencies) to the Ministry of Planning and Investment for instructions./.
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THE MINISTER
(Signed and sealed) Bui Quang Vinh (This translation is for reference only)
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