CIRCULAR

PRESCRIBING PREPARATION OF BIDDING DOCUMENTS FOR PROCUREMENT OF CONSULTING SERVICES UNDER THE FRAMEWORK OF THE COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS-PACIFIC PARTNERSHIP, THE EU-VIETNAM FREE TRADE AGREEMENT AND THE UK-VIETNAM FREE TRADE AGREEMENT

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Government’s Decree No. 95/2020/ND-CP dated August 24, 2020 providing guidelines on bidding process in procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

Pursuant to the Government’s Decree No. 09/2022/ND-CP dated January 12, 2022 providing amendments to the Government’s Decree No. 95/2020/ND-CP dated August 24, 2020 providing guidelines on bidding process in procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership as the basis for bidding for procurement under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the EU-Vietnam Free Trade Agreement and the UK-Vietnam Free Trade Agreement;

Pursuant to the Government’s Decree No. 86/2017/ND-CP dated July 25, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam;

At the request of the Director General of the Public Procurement Agency;

The Minister of Planning and Investment of Vietnam promulgates a Circular prescribing preparation of bidding documents for procurement of consulting services under the framework of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the EU-Vietnam Free Trade Agreement and the UK-Vietnam Free Trade Agreement.

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This Circular provides detailed regulations on preparation of bidding documents used in competitive bidding process for procurement of consulting services under the framework of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as “CPTPP Agreement”), the EU-Vietnam Free Trade Agreement (hereinafter referred to as “EVFTA Agreement”) and the UK-Vietnam Free Trade Agreement (hereinafter referred to as “UKVFTA Agreement”).

Article 2. Regulated entities

This Circular applies to organizations and individuals that participate in or are involved in the selection of contractors of consulting service contract packages within the scope specified in Article 1 of this Circular.

Article 3. Form of bidding documents for consulting services

1. In case of direct contracting, Request for Proposals (RFP) documents may be prepared in accordance with the provisions of this Circular provided that they shall not be contrary to the provisions of CPTPP, EVFTA and UKVFTA Agreements.

2. If a fixed-price contract or variable-price contract is used, the investor/procuring entity shall modify the form of bidding documents enclosed herewith provided such modifications shall be reasonable and not contrary to the provisions of the CPTPP, EVFTA and UKVFTA Agreements, Decree No. 95/2020/ND-CP, and Decree No. 09/2022/ND-CP.

Article 4. Preparation of bidding documents

1. Preparation, evaluation and approval of bidding documents:

a) Depending on the scale and nature of each contract package, the procuring entity may impose reasonable requirements that ensure competitiveness, fairness, transparency and economic efficiency; Bidding documents must contain adequate information necessary for bidders’ preparation of their bids;

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c) Provisions of the form of bidding documents may be modified provided that all such modifications will make the bidding documents stricter, and not be contrary to the provisions of CPTPP, EVFTA and UKVFTA Agreements. Such modifications and reasons thereof must be clearly specified in the request for approval of bidding documents submitted to the investor.

2. Contract:

Bidding documents must include the contract form, and terms and conditions of the contract as the basis for bidders’ submission of their bids as well as negotiation, completion and conclusion of contract.  The contract shall contain general conditions, particular conditions and contract forms. Depending on the scale and nature of each contract package, the investor shall decide to make reasonable modifications to the contract provided that they shall not be contrary to the provisions of the Law on Bidding, the provisions of CPTPP, EVFTA and UKVFTA Agreements, and other relevant laws.

Article 5. Implementation  

1. This Circular comes into force from November 20, 2022.

2. Regarding the contract packages governed by the CPTPP, EVFTA or UKVFTA Agreement for which bids have been opened before the effective date of this Circular, the evaluation and acceptance of bids shall be carried out according to the provisions of the issued bidding documents provided that such evaluation and acceptance of bids shall not be contrary to the provisions of the CPTPP, EVFTA and UKVFTA Agreements.

3. Regarding the contract packages governed by the CPTPP, EVFTA or UKVFTA Agreement for which the bid closing date falls after the  effective  date of this Circular, reasonable modifications should be made to the bidding documents which have been issued before the effective date of this Circular but are found before the bid closing date to contain information unconformable or contrary to the provisions of the form of bidding documents enclosed herewith. If the issued bidding documents are modified, bidders shall be allowed a sufficient period of time to prepare their bids.

4. Regarding the contract packages governed by the CPTPP, EVFTA or UKVFTA Agreement for which bidding documents have been approved before the effective date of this Circular but yet to be issued, such bidding documents shall be modified according to the form of bidding documents enclosed herewith.

5. If any legislative documents referred to in this Circular are amended, supplemented or superseded, the new ones shall apply.

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MINISTER




Nguyen Chi Dung