Circular No. 05/2015/TT-BKHDT dated June 16, 2015 of the Ministry of Planning and Investment detailing the making of goods procurement bidding dossiers

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Circular No. 05/2015/TT-BKHDT dated June 16, 2015 of the Ministry of Planning and Investment detailing the making of goods procurement bidding dossiers
Issuing body: Ministry of Planning and InvestmentEffective date:
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Official number:05/2015/TT-BKHDTSigner:Bui Quang Vinh
Type:CircularExpiry date:
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Issuing date:16/06/2015Effect status:
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Fields:Bidding - Competition

SUMMARY

Brand name is not listed in the procurement bidding dossiers

Procurement bidding dossiers not allowed to list the brand name, specific origin of goods which can cause unfair competition is the important content prescribed at the Circular No. 05/2015/TT-BKHDT dated June 16, 2015 of the Ministry of Planning and Investment detailing the making of goods procurement bidding dossiers.

On taxes, charges and fees, Tax, charge and fee rates must comply with regulations effective at the time of 28 days prior to the time of bid closing. For domestic bidding, bids shall be evaluated with all expenses for payment of taxes, charges and fees (if any) taken into consideration. For international bidding, expenses for payment of taxes, charges and fees (if any) shall not be taken into consideration when evaluating bids for comparison and ranking of contractors. The specific amount of expenses for payment of taxes, charges and fees (if any) shall be determined during contract negotiation with the first ranked contractor. The proposed bid-winning price and contract price must include taxes, charges and fees (if any).

Another content prescribes the regulations on presences when choosing the contractors. The contractor shall receive the preferences in goods supply when those goods’ domestic production costs are 25% and above.

This Circular takes effect on August 1, 2015, and replaces the Ministry of Planning and Investment’s Circular No. 05/2010/TT-BKH of February 10, 2010.

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THE MINISTRY OF PLANNING AND INVESTMENT
 
No. 05/2015/TT-BKHDT
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, June 16, 2015
 
CIRCULAR
Detailing the making of goods procurement bidding dossiers
 
Pursuant to November 26, 2013 Law No. 43/2013/QH13 on Bidding;
Pursuant to the Government’s Decree No. 63/2014/ND-CP of June 26, 2014, detailing a number of articles of the Bidding Law regarding contractor selection;
Pursuant to the Government’s Decree No. 116/2008/ND-CP of November 14, 2008, defining the functions, duties, powers and organizational structure of the Ministry of Planning and Investment;
The Minister of Planning and Investment promulgates the Circular detailing the making of goods procurement bidding dossiers.
Article 1. Scope of regulation
1. This Circular details the making of goods procurement bidding dossiers for bidding packages governed by Article 1 of Bidding Law No. 43/2013/QH13, except for bidding packages of drug purchase prescribed at Point g, Clause 1, Article 1 of Bidding Law No. 43/2013/QH13, specifically as follows:
a/ Goods procurement bidding dossier form No. 1 (form No. 1) shall be used for bidding packages subject to open or restricted domestic bidding applying the single-stage single-envelop method to select contractors;
b/ Goods procurement bidding dossier form No. 2 (form No. 2) shall be used for bidding packages subject to open or restricted domestic bidding applying the single-stage two-envelop method to select contractors.
2. For goods procurement bidding packages under projects funded with official development assistance (ODA) of the Asian Development Bank (ADB) or the World Bank (WB), which are subject to national competitive bidding (NCB), the Vietnamese-language bidding dossier form issued by the ADB or the WB shall be used.
Article 2. Subjects of application
This Circular applies to organizations and individuals participating or involved in the selection of contractors for goods procurement bidding packages specified in Article 1 of this Circular.
Article 3. Use of goods procurement bidding dossier forms
1. Goods procurement bidding dossier forms promulgated together with this Circular are compiled on the basis of the bidding law of Vietnam, with bidding regulations of the ADB and the WB taken into consideration, in order to further facilitate operation of parties participating in contractor selection and further improve the competitiveness, equality, transparency and economic effectiveness of bidding activities.
2. For an ODA-funded goods procurement bidding package, if the donor so agrees, form No. 1 or No. 2 promulgated together with this Circular may be used immediately or may be used after being amended according to bidding regulations in the treaty or international agreement between Vietnam and such donor.
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