Amending regulations on contractor selection procedures in special cases

Kinhtedothi - The Government issued Decree 17/2025/ND-CP dated February 6, 2025 amending and supplementing a number of articles of the Decrees detailing a number of articles and measures to implement the Law on Bidding.

Amendment and supplement to regulations on a number of articles and measures for implementing the Law on Bidding

Supplementing instructions on the order and procedures for implementing Clause 5, Article 3 of the Law on Bidding

In which, Decree No. 17/2025/ND-CP adds Article 2a after Article 2 of Decree No. 24/2024/ND-CP dated February 27, 2024 regulating on The order and procedures for implementing Clause 5, Article 3 of the Law on Bidding are as follows:

Before signing an international treaty or foreign loan agreement that has provisions on bidding that are different from or not yet stipulated in the Law on Bidding, the Government shall decide on the application of provisions on bidding according to the following order and procedures:

1. Before negotiating, the project management agency shall send the negotiating agency a document proposing the application of other contents or contents not yet specified in the Law on Bidding. The contents of the proposal document include:

a) Regulations of sponsors or international organizations have different content or are not yet specified in the Law on Bidding;

b) Necessity and assessment of the impact of applying the contents specified in Point a of this Clause.

2. The negotiating authority shall seek opinions from the Ministry of Foreign Affairs, the Ministry of Justice and relevant agencies on the proposal to apply other contents or contents not yet specified in the Law on Bidding together with the contents of international treaties and foreign loan agreements. The consulted agencies shall respond in writing to the negotiating authority within 05 working days from the date of receipt of the request for opinions and relevant documents.

3. Before signing an international treaty or foreign loan agreement, the negotiating agency shall submit to the Government for consideration and decision on the application of regulations of the sponsor or of the international organization of which the State and Government of the Socialist Republic of Vietnam are members.

Amendment of procedures for contractor selection in special cases

At the same time, Decree No. 17/2025/ND-CP also amends and supplements regulations on the process and procedures for selecting contractors in special cases in Article 83 of Decree No. 24/2024/ND-CP dated February 27, 2024.

According to the new regulations, for bidding packages falling under the cases specified in Clause 1, Clause 2 and Point s Clause 3 Article 82 of Decree No. 24/2024/ND-CP :

a) Based on the application dossier for contractor selection in special cases proposed by the agency or unit, the Head of the central agency or Chairman of the Provincial People's Committee shall assign another agency or unit to appraise;

b) The dossier includes: a submission, a draft decision of the Head of the central agency, the Chairman of the Provincial People's Committee and related documents and materials. The submission on contractor selection in special cases includes the following contents: basic information about the project, procurement estimate, bidding package (project name, procurement estimate, bidding package; capital source, total investment of the project, procurement estimate value, bidding package price; expected implementation time; other necessary contents); For the bidding packages specified in Clause 1, Article 82 of Decree 24/2024/ND-CP, explain the necessity and reasons why applying one of the forms of contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Law on Bidding cannot be implemented according to the direction in the Resolution, Conclusion, and directive documents of the Party Central Committee, the Politburo, the Secretariat, and key leaders of the Party and the State; For the bidding packages specified in Clause 2, Article 82 of Decree 24/2024/ND-CP, explain the necessity and conditions for ensuring one or several factors related to the fields of national defense, security, foreign affairs, territorial borders, and the reasons why one of the forms of contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Law on Bidding; For the bidding package specified in Point s, Clause 3, Article 82 of Decree 24/2024/ND-CP, explain the necessity and special conditions for one or several contents on the process, procedures, criteria for selecting contractors, conditions for signing and performing contracts, reasons why one of the forms of contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Law on Bidding; draft contractor selection plan including the following main contents: process, procedures for selecting contractors and other related contents to meet the special conditions of the bidding package of the project, procurement estimate to ensure the selection of contractors with sufficient capacity, experience, feasible and effective implementation solutions. Draft decision of the Head of the central agency, Chairman of the Provincial People's Committee including the contents specified in Point d of this Clause;

c) During the appraisal process, ministries, ministerial-level agencies, government agencies, other central agencies, and provincial People's Committees shall send dossiers to solicit opinions from relevant ministries and agencies on the contents within the scope of state management of such agencies (if necessary) for the bidding packages specified in Clause 1 and Point s, Clause 3, Article 82 of this Decree; solicit opinions from one or more Ministries: National Defense, Public Security, Foreign Affairs according to each field within the scope of management on the necessity and conditions to ensure one or several factors related to the fields of national defense, security, foreign affairs, territorial borders, and opinions from other relevant agencies (if necessary) for the bidding packages specified in Clause 2, Article 82 of Decree 24/2024/ND-CP;

d) Based on the opinions of the agencies specified in Point c of this Clause, the agency or unit assigned the appraisal task shall prepare an appraisal report, including the following contents: assessment of the necessity and reasons for applying contractor selection in special cases; opinions on the contractor selection plan in special cases and draft decision of the Head of the central agency, Chairman of the Provincial People's Committee in case of requesting approval; recommendation to the Head of the central agency, Chairman of the Provincial People's Committee to approve or not to approve the application of contractor selection in special cases;

d) Based on the application dossier and appraisal report, the Head of the central agency and the Chairman of the provincial People's Committee shall consider and decide to approve or disapprove the application of the form of contractor selection in special cases. The decision of the Head of the central agency and the Chairman of the provincial People's Committee shall include the following contents: approval of the application and the contractor selection plan in special cases for the bidding package of the project and the procurement estimate; responsibilities of the competent person, the investor, the bidding party and relevant agencies in the process of organizing the contractor selection; other requirements in the process of implementing the bidding package of the project and the procurement estimate (if any).

For bid packages falling under the cases specified in Point a and Point b, Clause 3, Article 82 of Decree 24/2024/ND-CP:

a) The Minister of Health assigns affiliated agencies and units to prepare dossiers to propose the application of contractor selection in special cases, and at the same time assigns other agencies and units to organize appraisal;

b) The dossier includes: a submission, a draft decision of the Minister of Health and related documents and materials. The submission on contractor selection in special cases includes the following contents: basic information about the project, procurement estimate, bidding package (project name, procurement estimate, bidding package; capital source, total investment of the project, procurement estimate value, bidding package price; expected implementation time; other necessary contents); explanation of the necessity and special conditions for one or several contents specified in Clause 1, Article 29 of the Law on Bidding, reasons why one of the forms of contractor selection specified in Articles 21, 22, 23, 24, 25, 26, 27 and 28 of the Law on Bidding; Draft plan for selecting contractors in special cases includes the following main contents: process, procedures for selecting contractors and other related contents to meet the specific conditions of the bidding package of the project, procurement estimate to ensure selection of contractors with sufficient capacity, experience, feasible and effective implementation solutions;

c) Based on the application documents and appraisal reports, the Minister of Health shall consider and decide to approve or disapprove the application of the contractor selection method in special cases.

In case an international organization or manufacturer of drugs, vaccines or medical equipment has its own regulations on conditions of purchase and sale, conditions of contract signing (if any), advance payment or payment as binding conditions for the supply of drugs, vaccines or medical equipment, the regulations of that international organization or manufacturer shall apply.

For bid packages falling under the cases specified in Point c, Clause 3, Article 82 of Decree 24/2024/ND-CP:

a) The Minister of Health assigns affiliated agencies and units to perform the responsibilities of investors in ordering vaccines;

b) The investor shall, based on the expanded vaccination plan, estimate the quantity and type of vaccines to be purchased, the vaccine supply time (it is possible to order vaccines for more than 01 year); expected unit price; bid package price and other necessary contents, prepare a proposal for approval of the contractor selection plan, and submit it to the Ministry of Health for appraisal and approval. In case of ordering for many years, the estimated procurement value for each year must be estimated. The submission documents include: the proposal, the draft decision approving the contractor selection plan of the Minister of Health and related documents and materials;

c) Based on the investor's submission and appraisal report, the Minister of Health shall consider and decide to approve the contractor selection plan;

d) Based on the approved contractor selection plan, the investor approves the decision to place an order and sign a contract with a domestic vaccine manufacturer to produce and supply vaccines for the Expanded Immunization Program;

d) Before December 31 of each year, vaccine manufacturers shall prepare a price plan dossier corresponding to the quantity supplied during the year for the Expanded Immunization Program, submit it to the Ministry of Health for submission to the Ministry of Finance for appraisal, approval and notification of the maximum vaccine price;

e) Based on the maximum vaccine price announced by the Ministry of Finance, the Ministry of Health decides to approve the specific price but not exceeding the maximum price. The annual contract payment value is based on the quantity of vaccines supplied and the specific price approved by the Ministry of Health.

For bid packages falling under the cases specified in Point d, Clause 3, Article 82 of Decree 24/2024/ND-CP:

a) The agency or unit in charge of resolving the lawsuit shall develop criteria, terms of reference, and control mechanisms for law practice organizations and lawyers to determine a list (not less than 03) of law practice organizations and lawyers expected to be hired; only select reputable and experienced law practice organizations and lawyers from the list;

b) The agency in charge of resolving the lawsuit organizes negotiations on legal service contracts with the most advantageous law practice organization or lawyer based on the criteria, terms of reference and control mechanism for the law practice organization or lawyer in the lawsuit;

c) The head of the agency or unit in charge of resolving the lawsuit approves and announces the results of the selection of law practice organizations and lawyers;

d) The agency or unit in charge of resolving the lawsuit completes and signs a legal service contract with the law practice organization or lawyer.

Source: https://kinhtedothi.vn/sua-quy-dinh-thu-tuc-lua-chon-nha-thau-trong-truong-hop-dac-biet.html