LAW ON BIDDING AND THINGS NEEDING TO BE UNDERSTAND

Currently, the sane competition of businesses has strongly contributed to the market economy’s development. To regulate the sane competition, the Law on Bidding was established to satisfy management needs and promote development. Bidding is a civilized form of business in a developing market economy. Thus, enterprises need to better understand the Law on Bidding, especially consultations on the Law on Bidding, to participate in the bidding process effectively, fairly, sanely, and transparently.

The realities of current consultations on the Law on Bidding

Consultations on the Law on Bidding are a complicated and characteristic sector. The Law on Bidding was established in 2005, and the legal documents of the Law on Bidding are becoming more complete and synchronous. However, currently, consultations on the Law on Bidding still have negative aspects and have never been resolved. For instance, in later years, there were many issues relating to the Healthy, Education, and Contribution sectors that caused the pressing of public opinion.

Therefore, consultations on the Law on Bidding need to satisfy professional and practical conditions so that such a consultation achieves high efficiency. Consultations on the Law on Bidding are commonly implemented through many forms, such as Letter of Advice, Online Consultation, Telephone Consultation, Direct Consultation, etc. NPLaw is proud to be a prestigious law firm unit and have professional Lawyers and Specialists, we would like to provide the Client with the most efficient, and qualitative service of consultations on the Law on Bidding.

Why do enterprises need to be consulted on the Law on Bidding?

When participating in the bidding process, many complicated problems can arise, causing bidding efficiency to suffer. However, not every subject taking part in the bidding processes also has a deep understanding of bidding issues and efficient solutions.                          

The business environment in Vietnam has been improving, so the Vietnamese market economy will strongly develop in the future. The assessments of Bids, Bidding Document, and types of Bidding for a project are very important. If businesses or individuals choose unsuitable types of Bidding, or Bidding Document is not a sufficient condition to implement Bidding, the investment projects of Bidding will be conducted at a lower level than expected, causing falls in Bidding, losses of fees, and the wasting of human resources.

Better understanding the procedures and regulations of the Law will help either party avoid breaches in Bidding Projects that cause falls in Bidding. Such understandings also give the Procuring Entities the opportunity to choose the most suitable Contractor for their projects. Besides, it also eliminates the possibility of formal Bidding to decrease disputes, and create a sane environment for Bidding Projects.

On the other hand, the Procuring Entity should also know the construction and organization of Bidding to enter into a qualitative Contract. Thus, the subjects of Bidding need to choose a prestigious law firm to receive the best consultations on the Law on Bidding.

The contents of the consultations on the Law on Bidding

The regulations for Bidding and Construction

• Conditions to participate in Bidding, or become a legal contractor: According to Articles 5, 15, and 16 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidation of the Law on Bidding;
• Choice of the contractors and investors: According to Article 20, 21, 21, 23, 24, 25, 26, and 27 of Consolidated Document No. 17/VBHN-VPQH on July 15th, 2020 relating to the consolidation of the Law on Bidding;
• Behaviors banned in Bidding:  According to Article 89 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidation of the Law on Bidding;
• Situations and responsibilities when implementing cancel Bidding: According to Article 17 and 18 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidation of the Law on Bidding;
• Preference for domestic and foreign Biddings: According to Article 14 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidation of the Law on Bidding;
• Administrative procedures in Bidding: Bid opening, Invitation to Tender, etc,. 

The establishment of Bidding Documents and Request Documents

• Appraisal for Bidding Documents and Request Documents: According to Article 57 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidation of the Law on Bidding;
• Consultations on the choice of partners and the sending of Bidding Documents, etc,. to the Procuring Entity;
• Establishing procedures for providing information and issuance of Bidding Documents and Requests Documents: According to Article 7 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidations of the Law on Bidding;
• Consultations on providing explanation documents, and adjusting or supplementing Bids (Bidding Dossier) according to the Law, etc,.

The establishment of Bids (Bidding Dossier) and Proposal Documents

• Preparation of applications and documents to establish Bids (Bidding Dossier) and Proposal Documents: According to Article 28, 29, 30, and 31 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidations of the Law on Bidding.

• Consultations and support for submitting legal Bids (Bidding Dossier) and Proposal Documents according to the Procuring Entity’s notice, or negotiation between the contractors and partners.
• Establishing a Joint Venture Contract between the contractors and partners.
• Consultations on changing, supplementing, withdrawing legal Bids (Bidding Dossier) and Proposal Documents, etc,.

The establishment of contracts in Bidding and Construction

• Conditions on entering into the Bidding Contract: According to Article 64 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidations of the Law on Bidding.
• Preparation of applications and types of contracts for contractors and investors.
• Consultations and support for completing Bidding Package, etc,.
• Consultations and support for resolving arising situations during the process of Bidding, etc,.                      

Settlement of arisen situations and resolutions of Bidding’s proposals

• Consulting and resolving complaints during the process of Bidding: According to Article 88 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidations of the Law on Bidding.
• Consulting and resolving disputes between the contractors and partners in Contract: According to Article 93 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidations of the Law on Bidding.

The sectors relating to consultations on the Law on Bidding

Pursuant to Article 1 of Consolidated Document No.17/VBHN-VPQH on July 15th, 2020 relating to the consolidations of the Law on Bidding, relating sectors include: the regulations on State Management for Bidding, responsibilities of relating either party, and Bidding activities.

- Choice of contractors providing Consulting Services, Non-Consulting Services, Goods, and Installation Works for the following projects:

• Development and Investment Projects use the State Capital of the State Agencies, Political Organizations, Socio-Political Organizations, Socio-Political Organization-Profession, Social Organizations, Socio-Professional Organizations of VietNam and International Organizations, Units of the People’s Armed Forces, and Public Non-Business Units; 
• Development and Investment Projects of State - Owned Enterprises;
• Development and Investment Projects don’t belong to the provisions according to Points a and b of this Clause that have used the State Capital, Capital of State - Owned Enterprise from 30% or more or less than 30%, but the total investment amount of the project is over 50 billion Vietnamese Dong; 
• Purchasing and using the State Capital to maintain day-to-day activities of State Agencies, Political Organizations, Socio-Political Organizations, Socio-Political Organization-Profession, Social Organizations, Socio-Professional Organizations of VietNam and International Organizations, Units of People’s Armed Forces, and Public Non-Business Units; 
• Purchasing and using the State Capital to provide public services and products;
• Purchasing goods for State Reserves with the use of State Capital;
• Purchasing medicine and medical equipment with the use of State Capital; sources of the Health Insurance Fund, sources of income from medical examination and treatment, and other sources of public health facilities;

- Choice of contractors providing Consulting Services, Non-Consulting Services, Goods in Vietnam’s territory to implement the projects for foreign direct investment of the Vietnamese enterprises, if such a project uses the State Capital at 30% or more or less than 30%, but the total investment amount of the project is over 50 billion Vietnamese Dong.

- Choice of contractors implementing the investment projects with the land use.

The advantages of consultations on the Law on Bidding

Consultations on the Law on Bidding help the Client resolve any issues with Bidding, and give the Client the following advantages:

• Receiving consultations and explanations of the provisions of the Law on Bidding from professional lawyers and specialists;
• Receiving particular and detailed consultations in applicable forms of Bidding;
• Receiving particular, detailed, and clear consultations on the choice of the contractors, and procuring agencies;
• Receiving consultations on establishing Bidding plans from the contractors and procuring agencies; establishing Bidding Documents, Bids (Bidding Dossiers) for the bidder; and receiving information and documents on Bidding;
• Receiving consultations on the assessment of Bidding Documents;
• Receiving consultations on providing solutions for competitive quotations and arising situations during the processes of organizations and implementation in Bidding.

Do consultations on the Law on Bidding charge a fee?

Our professional Lawyers and Specialists will provide legal advice and the best solutions during the process of resolving issues relating to Bidding according to the Law for the Client. Specifically, the Client will quickly receive consulting information without any fees arising when implementing issues relating to the Law on Bidding.

Prestigious consulting services on the Law on Bidding

Companies and Law Offices will often provide consulting services on the Law on Bidding according to different legal fields. Therefore, the Client should choose a suitable consulting service to receive the best consultations, and avoid any additional fees arising from issues of Bidding.                     

When the Client uses consulting services on Bidding of NPLaw, the Client will receive the most accurate, effective, and prestigious consultations from our professional Lawyers and Specialists participating in Bidding professional training courses.

These are all information relating to Bidding and Consultation on the Law on Bidding as prescribed by Vietnamese Law. Please don’t hesitate to contact us, if the clients have any further questions.

NPLAW is proud to be a prestigious law firm unit and has the trust and belief of clients, enterprises, and individuals. NPLaw specializes in providing legal services all-around relating to domestic and abroad investments such as Enterprise, Real Estate, Intellectual Property, Labor; Drafting Consultation, negotiations and concluding support for the Commercial Contract, domestic and abroad Service Contract; consultations and support for implementing licensed procedures of licenses, etc,. NPLaw, with our professional Lawyers and Specialists, we have the full ability to consult with and support customers as they implement the above procedures. Along with the slogan “Your benefits - Our Priority”, NPLaw definitely becomes the accurate, and safe choice for your legal issues.  

NPLaw Firm

Hotline: 0913 449968

Email: legal@nplaw.vn