THE MINISTRY OF PLANNING AND INVESTMENT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, February 17, 2009
GUIDING THE MAKING OF BIDDING PLANS
Pursuant to Bidding Law No. 61/2005/QH1I of November 29, 2005;
Pursuant to Clause 1, Article 67 of the Government's Decree No. 58/2008/ND-CP of May 5, 2008, guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law;
Pursuant to the Government's Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;
The Ministry of Planning and Investment guides the making of bidding plans as follows:
I. SUBJECTS OF APPLICATION
Subjects of application include agencies and organizations responsible for submitting for approval bidding plans (below referred to as investors) for approved projects governed by the Bidding Law.
In making bidding plans for consultancy service packages implemented prior to issuance of project approval decisions, this Circular may be referred to.
II. GENERAL PROVISIONS
1. The making of bidding plans must abide by the principles defined in Article 6 of the Bidding Law and Article 10 of the Government's Decree No. 58/2008/ND-CP of May 5, 2008, specifically:
a/ Bidding plans must be approved in writing by competent persons after or at the same time with approving investment decisions in case they serve as a legal ground for investors to organize contractor selection.
b/ Bidding plans must be made for the whole projects. In urgent cases and when there are insufficient conditions for making a bidding plan for the whole project, bidding plans can be made for some bidding packages for implementation first.
c/ A bidding plan must clearly state the number of bidding packages and the details of each. The details of each bidding package include title and price of the bidding package, funding source, form of contractor selection and bidding method, time of contractor selection, form of contract and time of contract performance.
d/ The division of a project into different bidding packages must be based on its technical nature and implementation process to ensure the project's synchronous implementation and the reasonable size of each package (suitable to the practical conditions and circumstances of the project, current contractor's capability and domestic market development). A bidding package must have only one bidding dossier and shall be put up for bidding once. A bidding package shall be implemented under one contract. A bidding package consisting of independent components may be implemented under one or more than one contract.
2. When making a bidding plan, the investor should use the form provided in Part III of this Circular.
3. Submission for approval of bidding plans
The investor shall submit a bidding plan to the investment decider or a person authorized to decide on investment (below collectively referred to as investment decider) for consideration and approval, and concurrently to the appraisal agency or organization. If a bidding plan needs to be submitted to the Prime Minister, the investor shall also send it to the line ministry concerned for written opinion on submission of the bidding plan to the Prime Minister for consideration and approval.
A document on submission for approval of a bidding plan should state the jobs of the project, such as performed jobs, jobs not subject to contractor selection, bidding plan, and jobs which lack conditions for making a bidding plan. The total value of these jobs must not exceed the project's total investment.
A document on submission for approval of a bidding plan must be presented in the form of report on submission for approval of a bidding plan as provided in Part III of this Circular.
4. Appraisal and approval of bidding plans
On the basis of the investor's document on submission for approval of a bidding plan, the agency or organization in charge of appraisal shall appraise the bidding plan and make an appraisal report to the investment decider for approval within 20 days (or 30 days for bidding packages subject to approval by the Prime Minister).
The investment decider shall approve a bidding plan within 10 days after receiving the report of the appraisal agency or organization. The approval of a bidding plan under the Prime Minister's responsibility complies with the Government's working regulation.