Circular No. 09/2011/TT-BKHDT dated September 7, 2011 of the Ministry of Planning and Investment detailing the making of requirement dossiers for consultancy contractor appointment

DETAILING THE MAKING OF REQUIREMENT DOSSIERS FOR CONSULTANCY CONTRACTOR APPOINTMENT

On September 9, 2011, the Ministry of Planning and Investment issued the Circular No. 09/2011/TT-BKHDT detailing the making of requirement dossiers for consultancy contractor appointment.

Scope of regulation of this Circular are consultancy bidding packages specified in Clause 1, Article 20 of the Bidding Law, Clause 4, Article 2 of the Law amending and supplementing a number of articles of the Laws concerning Capital Construction Investment, and Clauses 1 and 2, Article 40 of the Decree No. 85/2009/ND-CP dated October 15, 2009 of the Government, guiding the Bidding Law and the selection of construction contractors under the Construction Law. Consultancy bidding packages of a value of up to VND 500 million are not subject to this Circular.

Subjects to this Circular are organizations and individuals responsible for making requirement dossiers for contractor appointment for consultancy bidding packages within the scope of regulation specified in Clause 1 above when the method of contractor appointment is applied to select institutional consultancy contractors.

The Circular also issued the form of requirement dossiers for consultancy contractor appointment which has the following basic contents: Instructions for contractors (requirements on contractor appointment, criteria for technical evaluation of proposal dossiers, forms and terms of reference); Requirements on contract (conditions of contract, form of contract).

When applying this form, makers of requirement dossiers for contractor appointment shall base themselves on the size and characteristics of each bidding package to set forth requirements on the basis of adhering to the principles of transparency and economic efficiency.

For consultancy bidding packages of ODA funded projects, if the approval of donors is obtained, the form of requirement dossiers for consultancy contractor appointment may be applied or amended or supplemented according to bidding regulations in treaties to which the Socialist Republic of Viet Nam is a contracting party or international agreements which competent agencies or organizations of the Socialist Republic of Viet Nam have signed.