- What are the three central/federal government entities that have conducted the largest procurements number of tenders in Viet Nam in the last three years? Please, list the three procuring entities in the order of importance.
Ministry of Transport
Vietnam Electricity (EVN)
The Airports Corporation of Vietnam (ACV)
Please note that this list is based on our experience on the market as there is no official information on this matter.
1.1 Is any of the three procuring entities that you have selected a State-Owned Enterprise or an Independent Authority?
Yes
1.2 Does any of these SOEs or Independent Authorities have a specific public procurement regulatory framework compared to the other centralized/federal procuring entities?
Yes
1.3 Are any SOEs or Independent Authorities in Viet Nam governed by a separate set of public procurement regulations, distinct from the general public procurement regulatory framework?
Yes
1.4 Please provide the legal basis:
Procurement regulations for State-Owned Enterprises (SOEs) and independent authorities involved in the petroleum sector are distinct from the general public procurement framework. This is stipulated in Article 2, Clause 3 of the Law on Bidding 2023 and Chapter III of the Petroleum Law 2022.
- Please provide a list of laws, regulations, and other binding materials (including guidelines and manuals) that regulate public procurement in Viet Nam.
Law No. 22/2023/QH15 on Bidding (“Bidding Law”)
Law No. 64/2020/QH14 on Investment under the Public-Private Partnership Method 2020
Decree No.24/2024/ND-CP detailing the Law on Bidding regarding contractor selection
Decree No. 09/2022 ND-CP amending and supplementing some articles of Decree No. 95/2020/ND-CP guiding the implementation of procurement under the CPTPP, the EVFTA and the UKVFTA
Decree No. 95/2020/ND-CP of the Government: Guidance on implementation of procurement bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Decree No. 25/2020/ND-CP detailing the implementation of a number of articles of the Law on Bidding on investor selection
Circular No. 07/2024/TT-BKHDT Prescribing Forms of Request for Proposal, Evaluation Report, Appraisal Report, And Report on Inspection of Bidding Activities
Circular No. 06/2024/TT-BKHDT posting of information on contractor selection and bidding-related dossier forms on the Vietnam National E-Procurement System
Circular No. 05/2024/TT-BKHĐT regulates the management and use of costs in selecting contractors and investors on the National E-Procurement System.
Circular No. 12/2024/TT-BKHDT regulating form of bidding documents for selecting investors to implement investment projects under the Public-Private Partnership method, business investment projects; providing and posting information on investment under the Public-Private Partnership method, bidding to select investors on the national bidding network system.
Decree No. 21/2022/TT-BKHDT detailing the preparation of bidding documents for non-consulting services for bidding packages within the scope of the CPTPP, the EVFTA and the UKVFTA
Circular No. 20/2022/TT-BKHDT detailing the preparation of bidding documents for consulting services for bidding packages within the scope of the CPTPP, the EVFTA and the UKVFTA
Circular No. 12/2022/TT-BKHDT detailing the preparation of bidding documents for the procurement of goods for bidding packages within the scope of the CPTPP, the EVFTA and the UKVFTA
Circular No. 15/2022/TT-BKHDT detailing the preparation of bidding documents for construction and installation for bidding packages within the scope of the CPTPP, the EVFTA and the UKVFTA
Circular No. 02/2024/TT-BKHĐT on Training and Refresher Training in Bidding, Examination, Issuance, and Revocation of Bidding Professional Certificates
Circular No. 05/2024/TT-BYT providing lists of drugs, medical devices and test equipment procured through price negotiation and supplier selection procedures for packages applying price negotiation method.
Circular No. 11/2016/TT-BKHĐT guiding the preparation of EPC bidding documents for design, supply of goods, and construction.
Circular No. 02/2024/TT-BKHĐT on training and refresher training in bidding, examination, issuance, and revocation of bidding professional certificates.
Circular No. 190/2015/TT-BTC regulating the management and use of costs during the selection of contractors for projects funded by the state budget and government bonds.
Circular No. 02/2015/TT-BLĐTBXH regulating the salary levels for domestic consultants in time-based contracts.
Circular 03/2010/TT-BKH detailing the preparation of prequalification documents for construction and installation.
- Is there an operational central electronic public procurement (e-procurement) platform in Viet Nam?
Yes
3.1 Please provide the link of the centralized e-procurement platform:
3.2 Is the central e-procurement platform used by all the procuring entities?
Yes
- Does the centralized e-procurement platform allow firms to complete the vendor registration process online?
Yes, but hard copy documents must be submitted
4.1 Does the centralized e-procurement platform allow firms to access notices on procurement opportunities online?
Yes, but registration is required
4.2 Does the centralized e-procurement platform allow firms to access bidding documents online?
Yes, fully digitized
4.3 Does the centralized e-procurement platform offer the option to ask a procuring entity for clarifications?
Yes, fully digitized
4.4 Is it possible to submit all components of tenders online through the centralized e-procurement platform?
Yes, fully digitized
4.5 Does the centralized e-procurement platform allow to submit bid security online with electronic validation?
No
4.6 Is it possible to conduct the bid opening procedure online on the centralized e-procurement platform?
Yes, fully digitized
4.7 Does the centralized e-procurement platform provide a virtual workspace to manage tender procedures, including operative tools for members of the evaluation committee?
Yes, fully digitized
4.8 Does the centralized e-procurement platform provide effective notifications for decisions of procurement authorities (such as clarifications, awards, contracts, and other relevant milestones) delivered through online means?
Yes, fully digitized
4.9 Is it possible to access award decisions, including their rationale, on the centralized e-procurement platform?
Yes, fully digitized
4.10 Does the centralized e-procurement platform allow to submit performance guarantees online with electronic validation?
No
4.11 Is it possible to conduct the contract signing procedure online on the centralized e-procurement platform?
Yes, fully digitized
4.12 Is it possible to access contracts that have been awarded on the centralized e-procurement platform?
Yes, fully digitized
4.13 Is it possible to access contract amendments on the centralized e-procurement platform?
Yes, fully digitized
4.14 Is it possible to submit invoices to the procuring entity online through the centralized e-procurement platform?
No
4.15 Does the centralized e-procurement platform include a module for framework agreement management?
Yes, fully digitized
4.16 Does the centralized e-procurement platform include an e-catalogue of approved suppliers?
Yes, fully digitized
4.17 Does the centralized e-procurement platform include green catalogues?
No
4.18 Does the centralized e-procurement platform include an e-reverse auction module?
No
4.19 Does the centralized e-procurement platform include an e-contract management and implementation module?
Yes, fully digitized
4.20 Is it possible to receive payments from the procuring entity through the centralized e-procurement platform?
No
4.21 Does the centralized e-procurement platform allow to apply for vendor eco-certifications or eco-labels?
No
4.22 Does the centralized e-procurement platform provide access to specifications, standards, or criteria for eco-labels and environmentally preferable goods and services?
No
- Are the features supported by the central e-procurement portal available for procurements of goods, works, and services?
Yes
- For the following types of data, please select if there is a public data portal that provides open access to such information in machine readable format.
6.1 Data on tenders (including description, dates, category of spending, estimated value, contracting authority, and identification of bidders)
Yes
6.2 Data on suppliers
Yes
- Are there any main procuring entities for which data on contracts and tenders is not published on the open access data portal?
No
- Are gender-disaggregated data on firms that have participated in tenders collected by the central e-procurement platform?
No
- Does the regulatory framework require procuring entities to use standard tender/bidding documents when preparing a tender?
Yes, with exception
9.1 Please provide the legal basis:
Article 4, Circular 06/2024/TT-BKHDT
9.2 Do these standard bidding documents contain sustainability clauses?
No, only in some model documents
- According to the regulatory framework, are procuring entities required to carry out a market analysis when estimating the contract value of a new procurement opportunity?
Yes, in all public tenders
10.1 Please provide the legal basis:
Article 36.3 Bidding Law; Article 14, Decree 24/2024/ND-CP
10.2 According to the regulatory framework. Are procuring entities required to conduct a feasibility study to estimate the contract value of a new procurement opportunity?
Yes, in all public tenders
10.3 Please provide the legal basis:
Article 36.2 Bidding Law
10.4 According to the regulatory framework, are procuring entities required to use historical data from similar tenders when estimating the contract value of a new procurement opportunity?
Yes, in some public tenders
10.5 Please provide the legal basis:
Article 25.2(c), Bidding Law
- Does the regulatory framework establish open procurement as a default method for tendering a contract?
Yes, with exception
11.1 Please provide the legal basis:
Article 21.2, Bidding Law
- Does the regulatory framework designate specific tendering procedures for innovation procurement?
No
- Does the regulatory framework provide incentives for preparing bids with environmentally-friendly components?
Yes
13.1 Please provide the legal basis:
Article 10.1(b), Bidding Law
13.2 Does the regulatory framework set general quantifiable environmental targets for procuring entities to achieve through procurement projects?
Yes
13.3 Please provide the legal basis:
Article 47.3 Decree 115/2024/ND-CP
13.4 Does the regulatory framework mandate specific environmental standards in the specifications for goods, services, and works?
Yes, standards are mandated in all public tenders
13.5 Please provide the legal basis:
Article 47.3 Decree 115/2024/ND-CP
13.6 Does the regulatory framework provide a list of accepted eco tags that procuring entities can use in their bid documents?
No
- Does the regulatory framework impose any participation or award restrictions on foreign firms?
Yes, in some public tenders
14.1 Please provide the legal basis:
Article 11.2 Bidding Law
- Does the regulatory framework require foreign firms to have partnerships with domestic firms to be eligible to participate in a tender?
Yes, in all public tenders
15.1 Please provide the legal basis:
Article 5.1(i) Bidding Law
- Does the regulatory framework require foreign firms to own (fully or partially) subsidiaries in the domestic economy to be eligible to participate in a tender?
No
16.1 Please provide the legal basis:
Article 5.1 Bidding Law
16.2 Does the regulatory framework reserve specific contracts exclusively for local firms or citizens?
No
- Does the regulatory framework prohibit splitting contracts for the purpose of circumventing thresholds for open tendering?
Yes
17.1 Please provide the legal basis:
Article 16.6(l) Bidding Law
- According to the regulatory framework, which of the following documents need to be made publicly available?
18.1 Annual procurement plans
Yes, for all contracts
18.2 Please provide the legal basis:
Article 8.1(a), 7.1(a) Bidding Law
18.3 Tender notices
Yes, for all contracts
18.4 Please provide the legal basis:
Article 8.1, 7.1 Bidding Law
18.5 Tender documents (project specific)
No
18.6 Award decisions
Yes, for all contracts
18.7 Please provide the legal basis:
Article 7.1(g) Bidding Law
18.8 Contracts
Yes, for all contracts
18.9 Please provide the legal basis:
Article 8.1(a), 7.1(h) Bidding Law
18.10 Contract amendments
No
- Does the regulatory framework set a minimum timeframe between advertisement of a tender notice and a submission deadline?
Yes, for all procurement procedures
19.1 Please provide the legal basis:
Article 45 Bidding Law
- According to the regulatory framework, how should clarification requests from potential bidders be communicated?
Required to communicate answers to all bidders
20.1 Please provide the legal basis:
Article 17.3, Circular 06/2024/TT-BKHDT
- The following section asks how many calendar days would usually pass between bid opening, and contract signing (i.e., the time in which all tenderers, participants and relevant parties are notified of the award decision and the awardee can start implementing the contract) for five scenarios. The questions should be answered according to your experience and knowledge of the practice as of September 1, 2024.
21.1 Over the last year, have the procuring entities awarded an open procurement procedure for a works contract valued above the threshold for international procurement?
No
21.2 Calendar days to complete a procurement of a works contract in an open procedure valued above the threshold for international procurement.
N/A as we do not have sufficient information on a works contract valued above the threshold for international procurement
21.3 Over the last year, have the procuring entities awarded a restricted procurement procedure for a services contract valued below the threshold for international procurement?
No
21.4 Calendar days to complete the procurement of a services contract in a restricted procedure with limited competition, valued below the threshold for international procurement.
N/A as we do not have sufficient information on a services contract in a restricted procedure with limited competition, valued below the threshold for international procurement
21.5 Over the last year, have the procuring entities completed a prequalification procedure?
Yes
21.6 Days to complete the prequalification of supplier
45 days
21.7 Over the last year, have the procuring entities awarded a contract through electronic auction?
No
21.8 Over the last year, have the procuring entities completed a framework agreement with a competitive second stage?
No
- Does the regulatory framework establish a process for identifying abnormally low bids that allows to interact with the bidder prior to exclusion?
Yes, for all procurement procedures
22.1 Please provide the legal basis:
Article 131.11 Decree 24/2024/ND-CP
22.2 Does the regulatory framework establish objective and quantifiable criteria to identify abnormally low bids?
No
- According to the regulatory framework, are bidders required to prepare their bids based on the principle of project life cycle cost for high-value procurement?
No, but the regulatory framework recommends it
23.1 Please provide the legal basis:
Articles 58 and 59, Bidding Law
23.2 According to the regulatory framework, are bidders required to prepare their bids based on the principle of total cost ownership for high-value procurement?
No, but the regulatory framework recommends it
23.3 Please provide the legal basis:
Article 40, Bidding Law
23.4 Does the regulatory framework explicitly recommend the preference to use Most Economically Advantageous tender criteria over lowest price criteria?
Yes, but only in some procurement procedures
23.5 Please provide the legal basis:
Article 58.3, Bidding Law
23.6 According to the regulatory framework, should the procuring entity provide a reference price in tender documents?
No
- Does the regulatory framework include gender-specific provisions that promote gender equality in public procurement?
Yes
24.1 Please provide the legal basis:
Article 10.1(h) Bidding Law
24.2 Does the regulatory framework encourage needs assessments to include gender analysis?
No
24.3 Does the regulatory framework require firms to demonstrate adherence to the principle of equal pay during tender procedures?
No
24.4 Does the regulatory framework require firms to demonstrate adherence to gender non-discrimination?
No
24.5 Does the regulatory framework include exclusion grounds for firms that have violated gender equality obligations?
No
24.6 Does the regulatory framework include award criteria with a gender dimension?
Yes
24.7 Please provide the legal basis:
Article 10.1(h) Bidding Law 2023
- Does the regulatory framework outline a designated procedure for awarding contracts based on a framework agreement?
Yes
25.1 Please provide the legal basis:
Article 54 Bidding Law
25.2 Does the regulatory framework allow framework agreements to admit new suppliers, in addition to the initial parties, during the duration of the agreement?
No
25.3 Are call-off contracts within a framework agreement awarded through a competitive second stage?
No
- Does the regulatory framework include award quotas as a preferential treatment approach for small and medium-sized enterprises?
Yes
26.1 Please provide the legal basis:
Article 10.1(e) Bidding Law
26.2 Does the regulatory framework provide shorter payment deadlines for small and medium-sized enterprises?
No
26.3 Does the regulatory framework include designation by threshold as a preferential treatment approach for small and medium-sized enterprises?
Yes
26.4 Please provide the legal basis:
Article 10.2(dd) Bidding Law
26.5 Does the regulatory framework include reserved products as a preferential treatment approach for small and medium-sized enterprises?
Yes
26.6 Please provide the legal basis:
Article 10.2(dd) Bidding Law
26.7 Does the regulatory framework include financial guarantee exemptions as a preferential treatment approach for small and medium-sized enterprises?
No
26.8 Does the regulatory framework include subcontracting requirements or incentives as a preferential treatment approach for small and medium-sized enterprises?
No
26.9 Does the regulatory framework allow for the division of contracts into lots?
Article 67 Bidding Law
- Does the regulatory framework mandate communication of an award decision?
Yes, to all bidders
27.1 Please provide the legal basis:
Article 60.3, 61.2, 14.9(d), 14.9(đ), 14.9(e) Bidding Law
27.2 Is the requirement to communicate an award decision applicable to all procurements conducted by the procuring entities?
Yes, applicable to all procurement procedures
- Is there a mandatory standstill period between the public notice of award and contract signing to allow unsuccessful bidders to challenge the decision?
No
- Does the regulatory framework establish a timeframe within which a procuring entity must process a payment once an invoice is received?
Yes, for all contracts
29.1 Please provide the legal basis:
Article 112.8, Decree 24/2024/ND-CP
- Does the regulatory framework allow firms to claim interest on late payments (or any similar contractual penalty) if the government does not pay within the legally established timeframe?
No
- Does the regulatory framework designate a specialized and independent authority to receive procurement challenges filed by firms on decisions issued by the procuring entities?
Yes, specialized and independent
31.1 Please specify the name of the authority(ies):
Consulting Committee under Article 93, Bidding Law
31.2 Please provide the legal basis:
Article 88, 89, 90 Bidding Law
- Does an aggrieved bidder have the right to appeal decisions on challenges made by the authority that receives procurement challenges?
Yes
32.1 Please provide the legal basis and the name of the authority:
Article 91.2(a), Bidding Law
- Are there any legally binding time limits to resolve a procurement challenge?
Yes, for all types of challenges
33.1 Please provide the legal basis:
Articles 91 and 92, Bidding Law
- Is there a legal recourse for an aggrieved bidder experiencing delays in either challenge or review processes?
Yes, for all types of challenges
34.1 Please provide the legal basis:
Article 94 Bidding Law
