Collection of legal documents on Bidding
Introduction
Collection of legal documents on Bidding is an important recurring process of our daily work at CNC for many years.
Collecting and updating legal documents on Bidding not only helps Lawyers and Legal Experts of CNC to maintain a current awareness of legal provisions, thereby providing analysis for current legal regulations but also helps CNC to evaluate and prevent risks for Clients, especially Clients in Real estate, Infrastructure, Employers and Investment projects with State capital.
It has been proven that bidding laws play an important role in Vietnam’s legal system, especially the laws on construction investment such as the Law on Construction, the Law on Public Investment, etc.
Content and Arrangement of legal documents on Bidding
CNC now introduces to their readers, a collection of legal documents on Bidding updated up to 11/2022. The list of legal documents on Bidding is arranged according to three basic rules:
Firstly: hierarchy – legal documents with higher force of law (for example the Law on Bidding 2013) shall be prioritized over guidelines. Hence, Decrees that provide elaboration on the Law on Bidding shall be arranged in a higher position than Circulars, Documents, Decisions, etc.
Secondly: “first come first served” – documents shall be arranged based on the date of issuance. The revised and supplemented Bidding legal documents will be placed after the ones that were previously issued.
Thirdly: symbolic recognition * – for those documents introduced after the issuance date – 11/2022 – of this Collection, CNC will include them in the Collection with a asterisk *.
Likewise, for the convenience of searching, the Law on Bidding and the documents that elaborate on the Law on Bidding, CNC will provide readers with the primary content pertaining to the scope of application, the date/time of issue, the effect and other relative information.
Format of legal documents on Bidding
Furthermore, for the convenience of readers in accessing, searching, researching and updating, CNC shares the full text of legal documents on Bidding in .doc, and .docx formats. CNC hopes this will be a useful collection for readers working in the field of Bidding in Vietnam. The English translation, standardized by native speakers, will also be done by CNC and made available to you for FREE.
What’s more?
Following this collection of legal documents on Bidding, CNC will continue to clarify each specific legal document – especially circulars – related to bidding for the selection of Employer and Contractor so that readers understand the specific regulations, legal situations on bidding, and frequently used forms.
See more on CNC’s experience in providing proposals and resolutions in Bidding here
Refer to the details below, the legal documents on Bidding up to 11/2022. We hope that this collection will be of value and usefulness to our readers.
Collection of legal documents on Bidding (Up to 11/2022)
| No. | Document | Law No. | Date | Content | Validity |
| 1 | Law on Bidding 2013 | 43/2013/QH13 | 26/11/2013 | This Law provides for state management of Bidding; responsibilities of concerned parties and activities of Bidding. | Effective: 01/7/2014 This Law replaces the Law on Bidding No. 61/2005/QH11 Valid. |
| 2.1 | Decree No. 30 | 30/2015/ND-CP | 17/03/2015 | Guidelines for some articles on Employer selection of the Law on Bidding | Effective: 05/05/2015 Ceases to be effective on 20/4/2020, replaced by Decree No. 25/2020/ND-CP |
| 2.2 | Decree No. 25 | 25/2020/ND-CP | 28/02/2020 | Elaboration of some articles of the Law on Bidding on Employer selection | Effective: 28/02/2020 Valid |
| 2.3 | Decree 63 | 63/2014/ND-CP | 26/06/2014 | Details of the implementation of numerous provisions of the Law on Bidding regarding selection of Contractors | Effective: 15/8/2014. This Decree replaces Decree No. 85/2009/ND-CP dated 15/10/2009, Decree No. 68/2012/ND-CP dated 12/9/2012 and Decision No. 50/QD-TTg dated 09/11/2012. Valid |
| 2.4 | Decree 40 | 40/2020/ND-CP | 06/04/2020 | Provision of details on the implementation of several articles of Law on Public Investment | Effective: 06/04/2020 Valid |
| 2.5 | Decree 161 | 161/2016/ND-CP | 02/12/2016 | Stipulation of a special mechanism for the construction investment management of several projects under national target programs during 2016-2020 | Effective: 02/12/2016 Expires: 19/4/2022 |
| 2.6 | Decree 32 | 32/2019/ND-CP | 10/04/2019 | Commissioning, ordering, and tendering for public-sector goods and services funded by the state budget’s regular expenditures | Effective: 01/6/2019 Valid |
| 2.7 | Decree 69 | 69/2019/ND-CP | 15/8/2019 | Prescribing use of public property for making payments to Employers implementing construction investment projects in the form of a build-transfer contract | Effective: 01/10/2019 Valid |
| 2.8 | Decree 73 | 73/2019/ND-CP | 05/09/2019 | On the management of state investments in information technology application | Effective: 01/01/2020 Valid |
| 2.9 | Decree 56 | 56/2020/ND-CP | 25/5/2020 | Management and use of official development assistance (ODA) and concessional loans granted by foreign donors | Effective: 25/5/2020 Expires: 16/12/2021 |
| 2.10 | Decree 94 | 94/2020/ND-CP | 21/8/2020 | Preferential mechanisms and policies for Vietnam National Innovation Center | Effective: 05/10/2020 Valid |
| 2.11 | Decree 95 | 95/2020/ND-CP | 24/8/2020 | Implementation instructions on procuring tenders under the comprehensive and progressive partnership agreement in the Pacific | Effective: 24/8/2020 Valid |
| 2.12 | Decree 10 | 10/2021/ND-CP | 09/02/2021 | Management of construction investment costs | Effective: 09/2/2021 Valid |
| 2.13 | Decree 15 | 15/2021/ND-CP | 03/03/2021 | Elaboration of certain regulations on the management of construction projects | Effective: 03/03/2021 Valid |
| 2.14 | Decree 167 | 167/2013/ND-CP | 12/11/2013 | Regulations on sanctions of administrative violations in social security, order and safety, prevention and opposing social evils, fire and domestic violence | Effective: 28/12/2013 Expires: 01/01/2022 |
| 2.15 | Decree 50 | 50/2016/ND-CP | 01/6/2016 | Penalties for administrative violations against regulations on Planning and Investment | Effective: 15/7/2016 Expires: 01/01/2022 |
| 3.1 | Circular 10 | 10/2015/TT-BKHDT | 26/10/2015 | Guidelines for planning contractor selection | Effective: 10/12/2015 Valid |
| 3.2 | Circular 19 | 19/2015/TT-BKHDT | 27/11/2015 | Detailed regulations on the establishment of assessment reports during the contractor selection process | Effective: 15/01/2016 Valid |
| 3.3 | Circular 04 | 04/2017/TT-BKHDT | 15/11/2017 | On guidelines for the selection of contractors through the national bidding network system | Effective: 01/03/2018 Expires: 16/9/2022, replaced by Circular 05/2020/TT-BKHDT |
| 3.4 | Circular 06 | 06/2017/TT-BKHDT | 5/12/2017 | Detailed provisions on supplying information on bidding, reporting the situation of contractor selection | Effective: 01/03/2018 Valid |
| 3.5 | Circular 05 | 05/2018/TT-BKHDT | 10/12/2018 | On guidelines for reports on bid evaluation concerning contract packages associated with the selection of preferred contractors on the national bidding network | Effective: 01/9/2019 Expires: 16/9/2022 |
| 3.6 | Circular 11 | 11/2019/TT-BKHDT | 16/12/2019 | Elaborating online supply and posting of bidding information, a roadmap for application of e-selection of preferred contractors and management and use of non-returnable bid security and performance security | Effective: 01/02/2020 Expires: 16/9/2022 |
| 3.7 | Circular 05 | 05/2020/TT-BKHDT | 30/6/2020 | Amendments to certain articles of Circular No. 04/2017/TT-BKHDT dated November 15, 2017, of the Ministry of Planning and Investment on guidelines for the selection of contractors through the national bidding network system | Effective: 01/9/2020 Expires: 16/9/2022 |
| 3.8 | Circular 11 | 11/2015/TT-BKHDT | 27/10/2015 | Guidelines for requesting proposals in case of direct contracting and competitive offering | Effective: 22/12/2015 Expires: 20/11/2022 |
| 3.9 | Circular 190 | 190/2015/TT-BTC | 17/11/2015 | Guidelines for management, use of expenses in the process of selecting contractors for projects funded by the state budget and government bonds | Effective: 01/01/2016 Valid |
| 3.10 | Circular 88 | 88/2018/TT-BTC | 28/9/2018 | Guidelines on financial management for investment projects in the form of public-private partnership and employer selection costs | Effective: 12/11/2018 Valid |
| 3.11 | Circular 06 | 06/2020/TT-BKHDT | 18/9/2020 | Guideline on implementation of Government’s Decree 25/2020/ND-CP elaborating on the implementation of several articles of the Law on Bidding about employer selection | Effective: 05/11/2020 Expires: 01/01/2022 |
| 3.12 | Circular 10 | 10/2016/TT-BKHDT | 22/7/2016 | Guidelines for supervision and inspection of bidding | Effective: 09/9/2016 Valid |
| 3.13 | Circular 04 | 04/2019/TT-BKHDT | 25/01/2019 | Guidelines for the provision of bidding training and examination for bidding practicing certificate | Effective: 11/03/2019 Valid |
| 3.14 | Circular 09 | 09/2019/TT-BKHDT | 30/7/2019 | Amending, supplementing and abolishing a number of articles of Circulars related to the periodical reporting regime within the scope of state management and the information and reporting system of the Ministry of Planning and Investment | Effective: 16/9/2019 Valid |
| 3.15 | Circular 03 | 03/2010/TT-BKH | 27/01/2010 | Detailing dossiers of invitation for construction and installation prequalification | Effective: 15/3/2010 Valid |
| 3.16 | Circular 01 | 01/2015/TT-BKHDT | 14/02/2015 | Making requests for expression of interest, invitation to bid, request for proposals for consulting services | Effective: 15/4/2015 Expires: 16/9/2022 |
| 3.17 | Circular 03 | 03/2015/TT-BKHDT | 06/05/2015 | Specifying preparation of invitation to bid on construction works | Effective: 01/7/2015 Expires: 16/9/2022 |
| 3.18 | Circular 05 | 05/2015/TT-BKHDT | 16/6/2015 | Providing specific provisions on preparing an invitation for bid on procurement of goods | Effective: 01/8/2015 Expires: 16/9/2022 |
| 3.19 | Circular 23 | 23/2015/TT-BKHDT | 21/12/2015 | Guidelines for the report on bid evaluation | Effective: 15/2/2016 Valid |
| 3.20 | Circular 11 | 11/2016/TT-BKHDT | 26/7/2016 | Guidance on bidding documents for engineering-procurement of goods-construction (EPC) | Effective: 01/10/2016 Valid |
| 3.21 | Circular 14 | 14/2016/TT-BKHDT | 29/9/2016 | Guidelines for bidding documents for tender of non-consulting services | Effective: 01/12/2016 Expires: 16/9/2022 |
| 3.22 | Circular 31 | 31/2016/TT-BYT | 10/8/2016 | Guidelines for bidding documents for tender of herbal ingredients and traditional ingredients at health facilities | Effective: 26/9/2016 Expires: 24/10/2022 |
| 3.23 | Circular 09 | 09/2011/TT-BTNMT | 31/03/2011 | Regulations on bidding for the provision of public non-business services using the state budget on land surveying for certification of land use rights and ownership of houses and other land-attached assets | Effective: 15/5/2011 Valid |
| 3.24 | Circular 65 | 65/2011/TT-BCA | 30/9/2011 | Regulations on management of investment projects, bidding for construction works in the People’s Police | Effective: 18/11/2011 Valid |
| 3.25 | Circular 57 | 57/2016/TT-BCA | 31/12/2016 | Regulations on procurement of property and goods in the People’s Police | Effective: 15/02/2017 Valid |
| 3.26 | Circular 58 | 58/2016/TT-BTC | 29/3/2016 | Detailed regulations on the use of state funding for making purchases to maintain regular operations of state agencies, units affiliated with People’s Armed Forces, public service providers, political organizations, socio-political organizations, social-political-professional organizations, social organizations, socio-professional organizations | Effective: 16/5/2016 Valid |
| 3.27 | Circular 92 | 92/2018/TT-BTC | 02/10/2018 | Amendment and supplement to several articles of Circular No. 89/2015/TT-BTC of the Ministry of Finance instructions for import, export, purchase and sale of national store goods | Effective: 20/11/2018 Valid |
| 3.28 | Circular 03 | 03/2019/TT-BYT | 28/3/2019 | List of domestically produced drugs that meet treatment requirements, drug prices, and supply capabilities | Effective: 01/6/2019 Valid |
| 3.29 | Circular 15 | 15/2019/TT-BYT | 11/7/2019 | Bidding for the supply of drugs for public health facilities | Effective: 01/10/2019 Valid |
| 3.30 | Circular 51 | 51/2020/TT-BTC | 02/6/2020 | Regulating processes for removal, dispensing, delivery, distribution and use of national reserve goods used for aid, support and relief purposes, and management of funding for removal and delivery of aid, support and relief goods | Effective: 20/7/2020 Valid |
| 3.31 | Circular 07 | 07/2020/TT-NHNN | 30/6/2020 | On investment and procurement serving currency printing and minting operations of the state bank of Vietnam | Effective: 14/8/2020 Valid |
| 3.32 | Circular 14 | 14/2020/TT-BYT | 10/7/2020 | Medical device bidding at public health facilities | Effective: 01/9/2020 Valid |
| 3.33 | Circular 15 | 15/2020/TT-BYT | 10/8/2020 | Promulgated list of drugs procured through bidding, list of drugs procured through centralized bidding, list of drugs procured through price negotiation | Effective: 06/10/2020 Valid |
| 3.34 | Circular 09 | 09/2020/TT-BKHDT | 27/11/2020 | Guidelines for the preparation of bidding documents for procurement of goods under comprehensive and progressive agreement for trans-pacific partnership | Effective: 15/01/2021 Expires: 25/8/2022 |
| 3.35 | Circular 11 | 11/2021/TT-BXD | 31/8/2021 | Instructions about numerous regulations on the determination and management of construction investment costs | Effective: 15/10/2021 Valid |
| 3.36 | Circular 05 | 05/2021/TT-BXD | 30/6/2021 | Abolishment of legal documents issued by the Minister of Construction | Effective: 15/8/2021 Valid |
| 4.1 | Decision 17 | 17/2019/QD-TTg | 8/4/2019 | Regarding some bidding packages, the procurement contents to maintain regular operations applied in the form of contractor selection in special cases as prescribed in Article 26 of the Law on Bidding | Effective: 22/5/2019 Valid |
| 4.2 | Decision 3405 | 3405/QD-BNN-TC | 30/10/2008 | Regulations on the order and procedures for investment, procurement, major repair, and small construction of fixed assets annually for administrative agencies, non-business units, and science and technology organizations under the Ministry of Agriculture and Rural Development | Effective: 30/10/2008 Valid |
| 4.3 | Decision 393 | 393/QD-BTC | 01/3/2013 | Regulations on the organization of bidding for goods procurement and selection of consultants for projects under the Ministry of Finance funded by the World Bank | Effective: 01/3/2013 Valid |
| 4.4 | Decision 2468 | 2468/QD-BTC | 23/11/2015 | Guidance on the provisions of the Law on Bidding on contractor selection within the Finance Industry | Effective: 23/11/2015 Valid |
| 4.5 | Decision 3001 | 3001/QD-BCA-H41 | 18/8/2017 | List of properties for centralized procurement in the People’s Public | Effective: 18/8/2017 Valid |
| 4.6 | Decision 1038 | 1038/QD-BKHDT | 28/7/2017 | Announcement of standardization of administrative procedures within the scope of management functions of the Ministry of Planning and Investment | Effective: 28/7/2017 Valid |
| 4.7 | Decision 1397 | 1397/QD-BKHDT | 21/9/2018 | Announcement of a list of new administrative procedures, amendments, supplements, annulments/cancellations, public cancellations in the field of bidding, support for small and medium-sized enterprises, investment in agriculture and rural areas, establishment and activities of enterprises under the management function of the Ministry of Planning and Investment | Effective: 21/9/2018 Valid |
| 4.8 | Decision 244 | 244/QD-BKHDT | 12/03/2019 | Publication of the list of administrative procedures for amendment, supplementation, and annulment in the field of bidding under the management functions of the Ministry of Planning and Investment | Effective: 12/3/2019 Valid |
| 4.9 | Decision 1901 | 1901/QD-BKHDT | 03/12/2019 | Publication of the list of additional administrative procedures in the field of bidding under the management of the Ministry of Planning and Investment | Effective: 03/12/2019 Valid |
| 4.10 | Decision 1463 | 1463/QD-BKHDT | 06/10/2020 | Publication of the list of administrative procedures to be amended and supplemented in the field of bidding under the management functions of the Ministry of Planning and Investment | Effective: 06/10/2020 Valid |
| 5 | Government Standard TCVN 9385: 2012 | TCVN 9385: 2012 (BS 6651:1999) | 01/8/2007 | Lightning protection for construction works – Guidelines for system design, inspection, and maintenance | TCVN 9385: 2012 is converted from TCXDVN 46: 2007 to Government Standard according to clause 1 Article 69 the Law on standards and technical regulations and point b clause 2 Article 7 Decree No. 127/2007/ND-CP Valid |
| 6.1 | Document 4054 | 4054/BKHDT-QLDT | 27/6/2014 | Implementation of the Law on Bidding No. 43/2013/QH13 and Decree No. 63/2014/ND-CP | Effective: 27/6/2014
Valid |
| 6.2 | Document 5186 | 5186/BKHDT-QLDT | 11/8/2014 | Guidance on providing and posting information on bidding during the transition period | Effective: 11/8/2014
Valid |
| 6.3 | Document 2683 | 2683/BKHDT-QLDT | 26/4/2018 | Regulations for individuals participating in bidding activities | Effective: 26/4/2018
Valid |
See more: Click here for Letter of Award/Letter of Acceptance and notes for application
