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Current Bidding Laws and Guidelines

The year 2024 marks a significant milestone in the bidding activities in Vietnam with the introduction and official implementation of the 2023 Bidding Law, along with accompanying guidelines. In the following article, DauThau.info will highlight important documents guiding the implementation of the 2023 Bidding Law and the notable points of these documents. Let's take a look!
Current Bidding Law and Guidelines

Current Bidding Law and Guidelines

Nhấn VÀO ĐÂY để chuyển bài viết sang bản tin tiếng Việt


1. 2023 Bidding Law

The 2023 Bidding Law was passed by the XV National Assembly at its 5th session, effective from January 1, 2024, and replaces the 2013 Bidding Law.
The 2023 Bidding Law consists of 10 Chapters with 96 Articles, regulating state management over bidding activities; the authority and responsibility of agencies, organizations, and individuals in bidding activities; bidder selection activities; and investor selection activities for business investment projects.

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2. Bidding Guidelines

Below are the 7 latest bidding guidelines of 2024 that DauThau.info would like to share with you.

2.1.Decree 23/2024/ND-CP

Decree 23/2024/ND-CP effective from February 27, 2024, details certain articles and measures for implementing the Bidding Law regarding investor selection for projects requiring bidding according to sectoral and field management laws.
This Decree consists of 10 Chapters with 67 Articles and applies to packages in the following projects:

  • Projects for International football betting business .
  • Projects for constructing household solid waste treatment facilities.
  • Dredging projects in seaport waters, inland water areas combined with product recovery.
  • Projects for specialized aviation service facilities at airports.
  • Projects for specialized road transport service facilities, including mixed-use functional areas serving public and commercial purposes.
  • Projects for renovating and reconstructing apartment buildings according to housing laws.
  • Projects for constructing water supply facilities and systems.
  • Projects in education, vocational training, healthcare, culture, sports, environment, and other projects requiring bidding when there are two or more interested investors.
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2.2. Decree 24/2024/ND-CP

On February 27, 2024, the government officially issued Decree 24/2024/ND-CP, detailing certain articles and measures for implementing the Bidding Law regarding bidder selection, replacing Decree 63/2014/ND-CP.
Decree 24/2024/ND-CP consists of 12 Chapters with 134 Articles, covering six main groups of issues:

  • Detailed regulations for certain articles assigned by the 2023 Bidding Law to the government.
  • Guidelines for bidding procedures and processes.
  • Specialized content on e-bidding.
  • Contract regulations.
  • Inspection and supervision of bidding activities and handling violations.
  • Regulations on responsibilities for bid appraisal.
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Reference:

2.3. Circular 02/2024/TT-BKHDT

On March 6, 2024, the Minister of Planning and Investment issued Circular 02/2024/TT-BKHDT regulating training activities, knowledge enhancement, and the examination, issuance, and revocation of professional certificates in bidding.

Circular 02/2024/TT-BKHDT consists of 6 Chapters with 39 Articles, including regulations on professional certificates in bidding as follows:

The professional bidding certificate is issued by the Ministry of Planning and Investment or the provincial Department of Planning and Investment to individuals who pass the exam with a score of over 50% of the total points.

The exam structure includes four parts:

  • Questions on knowledge related to specific bidding fields.
  • Questions on legal knowledge related to bidding activities.
  • Questions on In-depth of bidding law regulations.
  • Questions and exercises on handling bidding situations.
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Reference:

2.4. Circular 03/2024/TT-BKHDT

Circular 03/2024/TT-BKHDT issued by the Ministry of Planning and Investment on March 6, 2024, regulates the bidding document templates for investor selection for projects requiring bidding according to sectoral and field management laws, including:

  • Notice of Expression of Interest, Expression of Interest Documents.
  • One-stage one-envelope bidding document template.
  • One-stage two-envelope bidding document template.
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Reference: Template for Invitation for Expression of Interest in Bidder Selection Bidding

2.5. Circular 05/2024/TT-BKHDT

Circular 05/2024/TT-BKHDT  effective from April 19, 2024, regulates the management and use of costs in bidder and investor selection on the national bidding system.
Circular 05/2024/TT-BKHDT consists of 4 Chapters with 10 Articles, covering content related to collection, expenditure principles, collection levels, organization of collection, payment, use, and management of collected costs.

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Reference: Costs for Online Bidder and Investor Selection According to Circular 05/2024/TT-BKHDT

2.6. Circular 06/2024/TT-BKHDT

Circular 06/2024/TT-BKHDT , effective from April 26, 2024, provides detailed guidance on supplying and posting bidder selection information and bidding document templates on the national bidding network system.

Circular 06/2024/TT-BKHDT replaces Circular Circular 01/2024/TT-BKHDT with new points such as:

  • Revising and supplementing bidding document templates (excluding medicines).
  • Adding regulations for individual bidders.
  • Adding Appendix 3B - Template Decision for Approving bidder Selection Results.
  • Clarifying information posted on the national bidding network system.
  • Adding regulations for evaluating E-HSDT for centralized procurement packages.
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Reference:

2.7. Circular 07/2024/TT-BKHDT

Circular 07/2024/TT-BKHDT, effective from June 15, 2024, details templates for request documents, evaluation reports, appraisal reports, inspection reports, and reports on the implementation of bidding activities.
Circular 07/2024/TT-BKHDT includes 17 templates:

  • Request document templates for the direct contracting process.
  • Evaluation report templates for non-e-bidding packages.
  • Appraisal report templates used for e-bidding and non-e-bidding.
  • Bidding activity inspection templates.
  • Report templates for the implementation of bidding activities.

And 8 appendices including appendices 1, 2A, 2B, 2C, 3, 4, 5, and 6.

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Reference: NEW! Circular 07/2024/TT-BKHDT Issued, Regulating the Templates for Reports on the Evaluation of Bidding Activity Implementation

The 2023 Bidding Law and accompanying decrees and circulars have brought significant improvements to the bidding activities in Vietnam, particularly in terms of transparency, efficiency, and fairness. Additionally, the issuance of accompanying decrees and circulars plays a crucial role in completing the legal framework for bidding, helping bidders and inviting parties avoid confusion due to a lack of specific guidance after the 2023 Bidding Law was issued.
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