THE MINISTRY OF PLANNING AND INVESTMENT
SOCIALIST REPUBLIC OF VIET NAM
Hanoi, January 06, 2010
DETAILING THE MAKING OF CONSTRUCTION AND INSTALLATION BIDDING DOSSIERS
THE MINISTRY OF PLANNING AND INVESTMENT
Pursuant to the November 29, 2005 Bidding Law No. 61/2005/QH11;
Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment;
Pursuant to the Government’s Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;
Pursuant to the Governments Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
The Ministry of Planning and Investment details the making of construction and installation bidding dossiers as follows:
Article 1. Scope of regulation and subjects of application
1. Subjects of application are organizations and individuals in charge of making bidding dossiers for construction and installation bid packages under projects governed by the Bidding Law when applying the form of domestic and international open bidding and restricted bidding.
2. For construction and installation bid packages under ODA-funded projects, the model bidding dossier issued together with this Circular may be applied, amended or supplemented according to bidding regulations in treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements which have been signed by competent agencies or organizations of the Socialist Republic of Vietnam, if donors so agree.
Article 2. Model construction and installation bidding dossier
The model construction and installation bidding dossier issued together with this Decision has the following principal contents:
Part I. Instructions for contractors
Chapter I. Requirements on bidding procedures
Chapter II. Bid data sheet
Chapter III. Evaluation criteria and determination of evaluation prices
Chapter IV. Bid forms
Part II. Requirements on construction and installation
Chapter V. Introduction on the project and bid package
Chapter VI. Forecasts
Chapter VII. Requirements on implementation progress
Chapter VIII. Technical requirements
Chapter IX. Drawings
Part III. Contractual requirements
Chapter X. General contractual terms
Chapter XI. Specific contractual terms
Chapter XII. Model contract
When applying this model dossier, organizations and individuals that make bidding dossiers shall base themselves on the size and characteristics of the bid package to set requirements on the principle of fair competition, equality, transparency and economic efficiency; refrain from imposing conditions to restrict the participation of contractors or create advantages for one or several contractors, thus causing unfair competition.
In this model dossier, italic words are for instructive and illustrative purposes which may specified by makers of bidding dossiers based on the size and characteristics of bid packages. If it is necessary to modify or add words printed in regular font, makers of bidding dossiers shall give written explanations and ensure compliance with the bidding law; investors shall take responsibility before law for those changes and additions.
Article 3. Organization of implementation
1. This Circular takes effect on March 1, 2010, and replaces the Planning and Investment Ministry’s Circular No. 731/2008/QH-BKH of June 10,2008, providing the model construction and installation bidding dossier.
2. Ministries, ministerial-level agencies, government-attached agencies, central agencies, People’s Committees at various levels and concerned organizations and individuals shall implement this Circular.
Ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees shall, within the ambit of their management, guide in detail some contents of this Circular (when necessary) while ensuring compliance with this Circular.
3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at various levels and concerned organizations and individuals should report problems to the Ministry of Planning and Investment for timely consideration and adjustment.-
MINISTER OF PLANNING AND INVESTMENT
Vo Hong Phuc