Legal document newsletter week 11/03/2024

DOCUMENTS GUIDING THE 2023 BIDDING LAW 

Bidding Law No. 22/2023/QH15 (Bidding Law 2023)  was announced on July 17, 2023  (effective from January 1, 2024) with many amendments and supplements compared to with the 2013 Bidding Law. 

To guide the Bidding Law 2023, the Ministry of Planning and Investment and the Government have issued a Circular and Decree guiding: 

1. Circular No. 01/2024/TT-BKHDT  dated February 15, 2024, Ministry of Planning and Investment guiding the provision and posting of information on contractor selection and bidding document templates on the bidding network system national bidding  (Effective from the date of signing, February 15, 2024) . Accordingly, bidding document templates on the National Bidding Network System from January 1, 2024 will include the following sample groups: 

(1) Forms for preparing, evaluating and approving the overall contractor selection plan, including: Form 1A, Form 1B and Form 1C; 

(2) Forms for preparation, appraisal and approval of contractor selection plans, including: Form 2A, Form 2B and Form 2C; 

(3) Forms for construction and installation bidding packages, including: Form 3A, Form 3B and Form 3C; 

(4) Forms for goods procurement packages (including cases of centralized procurement), including: Form 4A, Form 4B and Form 4C; 

(5) Forms for non-consulting service bidding packages, including: Form 5A, Form 5B and Form 5C; 

(6) Forms for consulting service bidding packages, including: Form 6A, Form 6B; 

(7) Forms for drug procurement packages, including: Form 7A, Form 7B; 

(8) Types of assessment report forms, including: Form 8A, Form 8B, Form 8C and Form 8D; 

Please see details in the original document issued:  https://vanban.chinhphu.vn/?pageid=27160&docid=209785 

2. Decree No. 24/2024/ND-CP dated February 27, 2024 of the Government detailing a number of articles and measures to implement the Bidding Law on contractor selection (Effective from the date of signing, February 27 /February 2024) . Accordingly, from the effective date of this Decree, the Government’s Decrees, the Prime Minister’s Decision and the following provisions cease to be effective: 

(1) Decree No. 63/2014/ND-CP dated June 26, 2014 of the Government detailing the implementation of a number of articles of the Bidding Law on contractor selection; 

(2) Articles 69, 70, 71, 72, 73, 75, 76, 77 and 78 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of Law on Management and Use of Public Assets; 

(3) Points b, c, Clause 2 and Points b, c, Clause 3, Article 5 of Decree No. 70/2018/ND-CP dated May 15, 2018 of the Government regulating the management and use of assets formed through the implementation of scientific and technological tasks using state capital; 

(4) Decision No. 17/2019/QD – Tg dated April 8, 2019 of the Prime Minister regulating a number of bidding packages and procurement contents to maintain regular operations, applying the form of selection contractors in special cases as prescribed in Article 26 of the Bidding Law. 

Please see details in the original issued document : https://chinhphu.vn/?pageid=27160&docid=209823