Circular No. 03/2010/TT-BKH dated January 27, 2010 of the Ministry of Planning and Investment detailing dossiers of invitation for construction and installation prequalification

THE MINISTRY OF PLANNING AND INVESTMENT

Circular No. 03/2010/TT-BKH of January 27, 2010, detailing dossiers of invitation for construction and installation prequalification

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QH11;

Pursuant to June 19, 2009 Law No. 38/2009/QH 12 Amending and Supplementing a Number of Articles of Laws Concerning Capital Construction Investment;

Pursuant to the Government’s Decree No. 85/2009/ND-CP of October 15, 2009, 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 details dossiers of invitation for construction and installation prequalification as follows:

Article 1. Scope of regulation and subjects of application

1. This Circular applies to organizations and individuals in charge of making prequalification invitation dossiers for construction and installation bid packages under projects governed by the Bidding Law when applying the form of domestic and international open bidding.

2. For construction and installation bid packages under ODA-funded projects, the model prequalification invitation dossier issued together with this Circular may be used with modifications under bidding regulations in treaties to which the Socialist Republic of Vietnam is a contracting party or international agreements which have been signed by competent agencies or organizations of the Socialist Republic of Vietnam.

Article 2. Model dossier of invitation for construction and installation prequalification

The model dossier of invitation for construction and installation prequalification issued together with this Decision has the following principal contents:

Part I. Instructions for contractors

Chapter I. Requirements on prequalification procedures

Chapter II. Evaluation criteria

Chapter III. Prequalification forms

Part II. Requirements on construction and installation

Chapter IV. Summaries of construction and installation requirements

When applying this model dossier, organizations and individuals that make prequalification invitation dossiers shall base themselves on the size and characteristics of the bid package to set requirements on the principles of fair competition, equality, transparency and economic efficiency; refrain from imposing conditions to restrict the participation of contractors or create advantages for one or several contractors, thus causing unfair competition.

In this model dossier, contents in italic are for instructive and illustrative purposes which may be specified by makers of prequalification invitation dossiers based on the size and characteristics of each bid package. If it is necessary to make changes or additions to contents printed in regular font, makers of prequalification invitation dossiers shall give written explanations and ensure compliance with the bidding law; investors shall take responsibility before law for those changes and additions.

Article 3. Organization of implementation

1. This Circular takes effect on March 15, 2010, and replaces the Planning and Investment Ministry’s Decision No. 937/2008/QH-BKH of July 23, 2008, providing the model dossier of invitation for construction and installation prequalification.

2. Ministries, ministerial-level agencies, government-attached agencies, central agencies, People’s Committees at all levels and concerned organizations and individuals shall implement this Circular.

Ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees shall, within the scope of their management, detail some contents of this Circular (if necessary) while ensuring compliance with this Circular.

3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People’s Committees at various levels and concerned organizations and individuals should report problems arising in the process of implementation to the Ministry of Planning and Investment for timely consideration and settlement.-

Minister of Planning and Investment
VO HONG PHUC