Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing a number of articles of the Bidding Law regarding contractor selection
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, June 26, 2014
Detailing a number of articles of the Bidding Law regarding contractor selection
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to November 26, 2013 Bidding Law No. 43/2013/QH13;
At the proposal of the Minister of Planning and Investment,
The Government promulgates the Decree detailing a number of articles of the Bidding Law regarding contractor selection.
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SCOPE OF REGULATION
Article 1. Scope of regulation
1. This Decree details a number of articles of the Bidding Law regarding selection of contractors to perform bidding packages prescribed in Clauses 1 and 2, Article 1 of the Bidding Law.
2. The selection of contractors in the field of petroleum prescribed in Clause 4, Article 1 of the Bidding Law applies to development investment projects prescribed at Points a, b and c, Clause 1, Article 1 of the Bidding Law, except the selection of contractors to conduct activities directly related to petroleum exploration, field development and petroleum exploitation.
3. In case treaties or international agreements provide for the application of contractor selection procedures, the provisions of Clauses 3 and 4, Article 3 of the Bidding Law must be complied with. The submission, appraisal and approval procedures must comply with this Decree.
4. In case treaties or international agreements do not provide for the application of contractor selection procedures, the selection of contractors must comply with the Bidding Law and this Decree.
GUARANTEE OF COMPETITIVENESS IN BIDDING
Article 2. Guarantee of competitiveness in bidding
1. Contractors that submit dossiers of expression of interest or dossiers for participation in prequalification must meet the requirements prescribed in Clauses 1 and 2, Article 6 of the Bidding Law.
2. Contractors that participate in a mixed bidding package must be legally and financially independent from the contractors that have made the feasibility study report, technical design dossier and construction drawing design dossiers for such bidding package, except cases when such work constitutes part of the mixed bidding package.
3. A consultancy contractor may provide one or more than one consultancy service for the same project or bidding package, including: making the pre-feasibility report, feasibility report, technical design dossier or construction drawing design dossier, and providing supervision consultancy.
4. A contractor is regarded as legally and financially independent from other contractors and the consultancy contractor, project owner and bid solicitor as prescribed in Clauses 1, 2 and 3, Article 6 of the Bidding Law when fully meeting the following conditions:
a/ They do not belong to the same agency or are not directly managed by the same organization, for non-business units;
b/ The contractor’ shares or contributed capital portion must not exceed 30% of the total shares or contributed capital of the project owner or bid solicitor and vice versa;
c/ The contractor’s shares or contributed capital portion in another contractor that participates in the same bidding package, if any, must not exceed 20% of the total shares or capital of such contractor, for restricted bidding;