Decree 374/2026/ND-CP guiding bidding under CPTPP, EVFTA and UKVFTA

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ATTRIBUTE

Decree No. 374/2026/ND-CP dated September 30, 2026 of the Government guiding the implementation of bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland
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Official number:374/2026/ND-CPSigner:Pham Gia Tuc
Type:DecreeExpiry date:Updating
Issuing date:30/09/2026Effect status:
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Fields:Bidding - Competition, Commerce - Advertising, Foreign affairs

SUMMARY

Decree 374/2026/ND-CP guiding bidding under CPTPP, EVFTA and UKVFTA

Guidance on Implemention of Bidding under Free Trade Agreements

On November 14, 2026, the Government issued Decree No. 374/2026/ND-CP guiding the implementation of bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the Free Trade Agreement between Vietnam and the European Union (EVFTA), and the Free Trade Agreement between Vietnam and the United Kingdom of Great Britain and Northern Ireland (UKVFTA). This Decree takes effect on November 14, 2026.

This Decree applies to organizations and individuals participating in or related to bidding activities under the aforementioned free trade agreements. The scope of regulation includes bid packages with values from the threshold specified in the annexes attached to the Decree, belonging to projects of listed procurement agencies, and the provision of goods and services as prescribed.

- Scope and Subjects of Application

The Decree applies to bid packages that meet the conditions regarding value, belong to projects of procurement agencies, and provide goods and services as prescribed. Cases not applicable include land transfers, real estate purchases, and agreements not forming contracts.

- Intra-region and International Bidding

Procurement agencies may choose to organize intra-region or international bidding. For intra-region bidding, only contractors from member countries of the agreement may participate. For international bidding, the language used may be English or both Vietnamese and English.

- Principles of Treatment and Preferences

Procurement agencies must treat goods, services, and contractors from member countries equally with domestic ones. Domestic preference measures may be applied but will gradually phase out and will not apply after 2038 for bid packages under Appendix I and III, and after 2044 for Appendix II.

- Eligibility of Contractors

Contractors must not be prohibited from participating in bidding and must meet the conditions under the Law on Bidding. Contractors may participate independently or in a consortium.

- Bidding Information and Language

Bidding information must be published in accordance with legal regulations. The language used in intra-region bidding is Vietnamese, while international bidding may use English or both languages.

- Preference Measures and Application Roadmap

Domestic preference measures may include requiring contractors to bid with domestically sourced goods, forming a consortium with domestic contractors, or technology transfer. The application of preferences will gradually phase out and will not apply after 2038 or 2044 depending on the Appendix.

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THE GOVERNMENT
__________

No. 374/2026/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
______________________

Hanoi, September 30, 2026

 

 

DECREE

Guiding the implementation of bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland

 

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Law on Treaties No. 108/2016/QH13, which is amended and supplemented under Law No. 137/2025/QH15;

Pursuant to the Law on Bidding No. 22/2023/QH15, which is amended and supplemented under Law No. 57/2024/QH15, Law No. 90/2025/QH15, Law No. 116/2025/QH15, Law No. 133/2025/QH15, and Law No. 142/2025/QH15;

Pursuant to the Resolution No. 72/2018/QH14 of the National Assembly on ratifying the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and other related documents, which entered into force for Vietnam on January 14, 2019;

Pursuant to the Resolution No. 102/2020/QH14 of the National Assembly ratifying the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, which entered into force on August 1, 2020;

Pursuant to the Resolution No. 31/NQ-CP of the Government approving the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland, which entered into force on May 1, 2021;

At the proposal of the Minister of Finance;

The Government hereby promulgates a Decree guiding the implementation of bidding under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union, and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree regulates selection of contractors falling within the scope of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (hereinafter referred to as the CPTPP Agreement), the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union (hereinafter referred to as the EVFTA), and the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as the UKVFTA) for bidding packages that fully satisfy the following conditions:

a) Having a bidding package price equal to or higher than the thresholds specified in Appendices I, II and III to this Decree;

b) Belonging to projects or cost estimates of procurement authority listed in Appendices I, II and III to this Decree;

c) Involving the provision of goods, services or a combination of goods and services specified in Appendices I, II and III to this Decree;

d) Not falling into the cases specified in Clause 2 of this Article or the exclusions specified in Appendices I, II and III to this Decree.

2. This Decree does not apply to:

a) Transfer or lease of land use rights, purchase or lease of houses, offices, real estate or rights related to these activities;

b) Non-contractual agreements; assistance provided by the Government or procurement authority, including cooperation agreements, non-refundable aids, loans, equity infusions, guarantees, subsidies, fiscal incentives and sponsorship arrangements;

c) Financial depository or trust services; debt settlement and management services for credit institutions; services related to the sale, redemption and distribution of public debt, including loans and Government bonds, valuable papers and other securities;

d) Bidding packages falling into one of the following cases:

Bidding packages of procurement authority for the purpose of providing international assistance, including development aid;

Bidding packages financed by international organizations or using non-refundable aids, loans or other assistance from foreign or international sources that require the application of contractor selection regulations or conditions of such international organizations or donors. In case the contractor selection regulations of international organizations or donors do not restrict the participation of contractors, the contractor selection for the bidding packages specified in Clause 1 of this Article must comply with Clause 1 Article 5 of this Decree;

Bidding packages implemented in accordance with specific provisions of an international agreement relating to the stationing of troops or the joint implementation of a project by member states;

dd) Bidding packages for the procurement of goods or services for use outside the territory of Vietnam;

e) Bidding packages necessary to protect essential security interests relating to the procurement of weapons, ammunition, implements of war and state secrets; bidding packages to be implemented to ensure national defense and security objectives.

3. Bidding packages falling within the scope specified in Clause 1 of this Article shall be determined in accordance with the Appendices to this Decree as follows:

a) For bidding packages falling within the scope of the CPTPP Agreement, the EVFTA and the UKVFTA, the Appendix I to this Decree shall apply;

b) For bidding packages falling only within the scope of the CPTPP Agreement, the Appendix II to this Decree shall apply;

c) For bidding packages falling only within the scope of the EVFTA and the UKVFTA, the Appendix III to this Decree shall apply.

Article 2. Subjects of application

This Decree applies to organizations and individuals participating in or involved in bidding activities specified in Clause 1 Article 1 of this Decree.

Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Procurement authority means an agency or organization listed in Appendices I, II and III to this Decree that is assigned to act as the project owner of project or procurement cost estimate.

2. Member state means a country or territory satisfying one of the following conditions:

a) Having signed the CPTPP Agreement on March 8, 2018; for countries or territories signing the CPTPP Agreement after March 8, 2018, the CPTPP Agreement has entered into force for such countries or territories and Vietnam has made commitments to open its government procurement market to such countries or territories (hereinafter collectively referred to as CPTPP member states);

b) Having signed and applied the EVFTA (hereinafter referred to as EVFTA member states);

c) Having signed and applied the UKVFTA (hereinafter referred to as UKVFTA member states).

3. Construction services means services involving the construction of works in accordance with construction law, including services specified in Division 51 of the United Nations Provisional Central Product Classification (CPC).

4. Services include consulting services, non-consulting services and construction services.

5. Intra-region bidding means bidding activities in which only contractors from member states specified in Clause 2 of this Article are eligible to participate.

6. Intra-region contractor means an organization established under the laws of a member state or an individual holding the nationality of a member state who participates in bidding in Vietnam.

7. Government procurement means the process of selecting contractors to conclude and perform contracts for the provision of goods, services or a combination of goods and services for public purposes and not intended for commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale.

8. Terms not defined in this Article shall be interpreted in accordance with the Law on Bidding.

Article 4. Intra-region bidding

1. When organizing contractor selection for bidding packages falling within the scope specified in Clause 1 Article 1 of this Decree, the procurement authority has the right to choose to conduct either intra-region bidding or international bidding.

2. In case of organizing intra-region bidding for bidding packages for the provision of services, the procurement authority shall proceed as follows:

a) For bidding packages specified in Appendix I to this Decree, only intra-region contractors may participate in bidding, except for the bidding packages specified at Point c of this Clause;

b) For bidding packages specified in Appendix II to this Decree, except for the cases specified at Point c of this Clause, the procurement authority shall decide whether to allow intra-region contractors or only contractors from CPTPP member states to participate in bidding;

c) For bidding packages for the provision of services under CPC 75231 (data network services), CPC 75232 (electronic message and information services), and CPC 84 (computer and related services) specified in Appendix II to this Decree, the procurement authority shall decide whether to allow contractors from CPTPP member states or only domestic contractors to participate in bidding;

d) For bidding packages specified in Appendix III to this Decree, the procurement authority shall decide whether to allow intra-region contractors or only contractors from EVFTA member states and UKVFTA member states to participate in bidding.

3. In case of organizing intra-region bidding for bidding packages for the provision of goods, the procurement authority shall proceed as follows:

a) For bidding packages for the provision of goods specified in Appendix I to this Decree, only intra-region contractors may participate in bidding. Bidding dossiers may specify the origin of goods from all member states and may additionally specify the origin of goods from other groups of countries or territories; may require the manufacturer's headquarters to be located in a member state and may additionally require the manufacturer's headquarters to be located in other groups of countries or territories;

b) For bidding packages for the provision of goods specified in Appendix II to this Decree, the procurement authority shall decide whether to allow intra-region contractors or only contractors from CPTPP member states to participate in bidding. In case intra-region contractors are allowed to participate in bidding, the bidding dossiers may specify the origin of goods from all member states and may additionally specify the origin of goods from other groups of countries or territories; may require the manufacturer's headquarters to be located in a member state and may additionally require the manufacturer's headquarters to be located in other groups of countries or territories. In case only contractors from CPTPP member states are allowed to participate in bidding, the bidding dossiers may specify the origin of goods from CPTPP member states and may additionally specify the origin of goods from other groups of countries or territories; may require the manufacturer's headquarters to be located in CPTPP member states and may additionally require the manufacturer's headquarters to be located in other groups of countries or territories;

c) For bidding packages for the provision of goods specified in Appendix III to this Decree, the procurement authority shall decide whether to allow intra-region contractors or only contractors from EVFTA member states and UKVFTA member states to participate in bidding. In case intra-region contractors are allowed to participate in bidding, the bidding dossiers may specify the origin of goods from all member states and may additionally specify the origin of goods from other groups of countries or territories; may require the manufacturer's headquarters to be located in a member state and may additionally require the manufacturer's headquarters to be located in other groups of countries or territories. In case only contractors from EVFTA member states and UKVFTA member states are allowed to participate in bidding, the bidding dossiers may specify the origin of goods from EVFTA member states and UKVFTA member states and may additionally specify the origin of goods from other groups of countries or territories; may require that the manufacturer's headquarters to be located in EVFTA member states and UKVFTA member states and may additionally require the manufacturer's headquarters to be located in other groups of countries or territories.

4. In case of organizing intra-region bidding for mixed bidding packages, the procurement authority shall comply with Clause 2 of this Article (regarding requirements for contractors) and Clause 3 of this Article (regarding requirements for the origin of goods).

Article 5. General principles applicable to bidding packages falling within the scope of this Decree

1. National treatment and non-discrimination

Except where domestic preferences specified in Article 10 of this Decree are applied, the procurement authority shall be obliged to:

a) Accord equal treatment to goods, services and contractors of member states and domestic goods, services and contractors;

b) Accord equal treatment to goods, services and contractors of member states;

c) Accord equal treatment to domestic contractors, regardless of whether such contractors have shares or capital contributions held by foreign investors or are organizationally dependent on foreign entities.

2. Rules of origin

The origin of goods in bidding packages falling within the scope of this Decree shall be determined in accordance with the law on origin of goods.

3. Domestic preferences

For bidding packages falling within the scope of this Decree, the procurement authority may apply domestic preferences specified in Article 10 of this Decree.

Article 6. Eligibility of contractors

1. The institutional contractor shall be eligible when fully satisfying the following conditions:

a) Not being banned from participating in bidding under decisions of state agency or competent authority in any country or territory;

b) Satisfying the conditions specified at Points a, b, c, d, dd, e, g and h Clause 1 Article 5 of the Law on Bidding.

2. The contractor being a business household shall be eligible when fully satisfying the following conditions:

a) Satisfying the condition specified at Point a Clause 1 of this Article;

b) Satisfying the conditions specified in Clause 2 Article 5 of the Law on Bidding.

3. The individual contractor shall be eligible when fully satisfying the following conditions:

a) Satisfying the requirement specified at Point a Clause 1 of this Article;

b) Satisfying the requirements specified in Clause 3 Article 5 of the Law on Bidding.

4. Contractors eligible under Clauses 1, 2 and 3 of this Article may participate in bidding independently or join a consortium.

Article 7. Bidding information

The publication of bidding information shall comply with the law on bidding. The contents of notices of invitation for prequalification, notices of invitation for expression of interest and notices of invitation for bid shall also include information identifying whether the bidding package falls within the scope of the CPTPP Agreement, the EVFTA or the UKVFTA.

Article 8. Language used in bidding

1. For intra-region bidding, the language used in bidding shall be Vietnamese.

2. For international bidding, the language used in bidding shall be English or both Vietnamese and English. In case the languages used in dossiers of invitation for expressions of interest, dossiers of invitation to prequalification, bidding dossiers and dossiers of requirements are Vietnamese and English, the contractors may choose either Vietnamese or English to participate in bidding.

Article 9. Time of organization of contractor selection

1. For open bidding with shortlist selection, the time period for preparation of dossiers of expressions of interest or dossiers for participation in prequalification shall be at least 25 days, from the date of publication of the notice of invitation for expression of interest or notice of invitation for prequalification to the bid closing time. In urgent cases where the procurement authority determines that this period cannot be met, the time period for preparation of dossiers of expressions of interest or dossiers for participation in prequalification may be shortened to at least 10 days.

2. Except for the case specified in Clause 3 of this Article, the minimum time for preparation of bids shall be 30 days, from the date of publication of the notice of invitation for bids (for open bidding with shortlist selection) or the date of sending letter of invitation for bid to contractors on the shortlist (for open bidding with shortlist selection) to the bid closing time. In case the procurement authority receives bids online, the time for preparation of bids shall be at least 25 days.

3. The time for preparation of bids shall be at least 10 days in any of the following cases:

a) In urgent cases where the procurement authority determines that the time for preparation of bids specified in Clause 2 of this Article is impracticable;

b) Bidding packages for the procurement of common goods readily available on the market, with standardized technical specifications and equivalent quality, and having a bidding package price not exceeding VND 10 billion;

c) Bidding packages for common and simple non-consulting services having a bidding package price not exceeding VND 10 billion.

Article 10. Domestic preferences and roadmap of application

1. For bidding packages eligible for domestic preferences, the procurement authority may apply one or more of the following preferential measures:

a) Requiring contractors to offer and supply goods of domestic origin for goods that can be produced domestically and meet technical, quality and price requirements;

b) Requiring foreign contractors, when participating in bidding, to form consortium with domestic contractors or use domestic subcontractors in accordance with Point g Clause 3 Article 26 of the Government's Decree No. 214/2025/ND-CP dated August 4, 2025, detailing a number of articles of, and measures to implement, the Law on Bidding regarding contractor selection (hereinafter referred to as Decree No. 214/2025/ND-CP);

c) Requiring foreign contractors to transfer technology, support research and development, and implement other preferential measures when winning bids in Vietnam;

d) Granting preferences to contractors that are individuals or groups of individuals bidding with their own innovative products;

dd) In case, after evaluation, a Vietnamese contractor and a foreign contractor are equally ranked as the best, priority shall be given to the Vietnamese contractor for approval of the bid award. In case this provision is applied and there are two or more Vietnamese contractors, the situation shall be handled in accordance with Clause 4 Article 16 of this Decree;

e) Applying preferences in accordance with Points a, b, c, d, dd, e, g and i Clause 1, Points a, b, c and d Clause 2, and Points a and b Clause 3 Article 10 of the Law on Bidding, and Articles 5, 6, 7, 8, 9, 10 and 11 of Decree No. 214/2025/ND-CP.

2. For bidding packages specified in Appendices I and III to this Decree, the application of domestic preferences shall follow the following roadmap:

a) From the effective date of this Decree through January 13, 2029, the total value of domestic preferences in a year shall not exceed 40% of the total contract prices of bidding packages falling within the scope of this Decree;

b) From January 14, 2029 through July 31, 2038, the total value of domestic preferences in a year shall not exceed 30% of the total contract prices of bidding packages falling within the scope of this Decree;

c) From August 1, 2038 onwards, the procurement authority shall not apply domestic preferences to bidding packages falling within the scope of this Decree.

3. For bidding packages specified in Appendix II to this Decree, the application of domestic preferences shall follow the following roadmap:

a) From the effective date of this Decree through January 13, 2029, the total value of domestic preferences in a year shall not exceed 40% of the total contract prices of bidding packages falling within the scope of this Decree;

b) From January 14, 2029 through January 13, 2044, the total value of domestic preferences in a year shall not exceed 30% of the total contract prices of bidding packages falling within the scope of this Decree;

c) From January 14, 2044 onwards, the procurement authority shall not apply domestic preferences to bidding packages falling within the scope of this Decree.

Article 11. Preferences for goods and intra-region contractors in international bidding

1. The procurement authority shall consider and decide on the application of preferences for intra-region contractors and goods originating from member states for bidding packages to which domestic preferences specified in Article 10 of this Decree are not applied. In case the preferences are applied, Clauses 2, 3 and 4 of this Article shall apply.

2. Entities eligible for preferences:

a) For bidding packages for the procurement of goods, the contractors shall be eligible for preferences when participating in international bidding to supply goods for which production costs incurred in member states account for 50% or more;

b) For bidding packages for consulting services, non-consulting services, construction services and mixed bidding packages, the entities eligible for preferences when participating in international bidding include: intra-region contractors participating in bidding independently or joining a consortium with other intra-region contractors; consortium contractors having an intra-region contractor as a consortium member, provided that such member undertakes 50% or more of the value of the work under the bidding package.

3. Principles for application of preferences:

a) In case a contractor is eligible for more than one type of preference, only the highest preference specified in the bidding dossiers or dossiers of requirements shall be applied when calculating preferences;

b) For mixed bidding packages, the calculation of preferences shall be based on all proposals of the contractor for consulting, goods supply and construction services. The contractors shall be eligible for preferences when their proposed total costs incurred in member states (consulting costs, goods costs and construction services costs) account for 50% or more of the value of the work under the bidding package;

c) In case, after calculating preferences, bid dossiers or dossiers of proposals are equally ranked, the priority shall be given to the contractor proposing higher costs incurred in member states or employing more workers from member states (calculated based on the value of salaries and wages paid).

4. The calculation of preferences as a basis for evaluating, comparing and ranking bid dossiers and dossiers of proposals shall comply with Points a, b and c Clause 2 Article 6 and Clauses 1 and 2 Article 7 of Decree No. 214/2025/ND-CP.

 

Chapter II

CONTRACTOR SELECTION PLANS, METHODS OF CONTRACTOR SELECTION AND CONTRACTOR SELECTION PROCEDURES

 

Article 12. Methods of contractor selection

For bidding packages falling within the scope of this Decree, the project owners shall apply methods of contractor selection in accordance with the law on bidding.

Article 13. Contractor selection plans

1. Bidding package price:

a) The determination of the bidding package price in the contractor selection plan shall comply with Clause 2 Article 39 of the Law on Bidding and Article 18 of Decree No. 214/2025/ND-CP;

b) The calculation of the bidding package price to determine whether a bidding package falls within the scope of this Decree shall be based on the maximum total estimated value of the bidding package over its entire implementation period, including all types of remuneration, fees, charges, commissions, profits or other revenues that may be paid under the contract; in case the bidding package includes an option for additional purchases, the value of such option must be added to the bidding package price for comparison with the bidding package price thresholds specified in Appendices I, II and III to this Decree.

2. Forms and methods of contractor selection:

a) For each bidding package, the form and method of contractor selection, intra-region or international contractor selection, and the application or non-application of online contractor selection must be specifically determined;

b) For projects applying master plan on contractor selection, the contents shall be specified in accordance with the master plan on contractor selection.

3. Other contents of the contractor selection plan shall comply with Clauses 1, 3, 5, 6, 7 and 8 Article 39 of the Law on Bidding.

Article 14. Detailed procedures

1. In case of intra-region bidding, the contractor selection shall be conducted online through the Vietnam National E-Procurement System in accordance with the procedures specified in this Decree and Decree No. 214/2025/ND-CP and the roadmap specified in Clause 4 Article 18 of this Decree, except for the case specified in Clause 11 Article 98 of Decree No. 214/2025/ND-CP.

2. In case of international bidding, the contractor selection shall be conducted offline in accordance with the procedures specified in this Decree and Decree No. 214/2025/ND-CP.

Article 15. Preparation, appraisal and approval of bidding dossiers

1. The bases for preparation and contents of bidding dossiers shall comply with the law on bidding. Bidding dossiers must not specify conditions that restrict the participation of contractors or are intended to create advantages for one or several contractors, resulting in unequal competition; nor shall they impose, as criteria for disqualifying contractors, requirements that contractors must have previously concluded or performed one or more contracts with the procurement authority of a specific country or territory or must have experience in supplying goods or services within the territory of such country or territory.

2. For construction components of construction and EC bidding packages, the technical evaluation criteria must not impose requirements for brands by groups of brands for raw materials, fuels, supplies and other inputs.

3. Regulations on brands and origin of goods:

Except where domestic preferences are applied in accordance with Clause 1 Article 10 or intra-region bidding is organized in accordance with Clauses 2, 3 and 4 Article 4 of this Decree, the bidding dossiers must not specify requirements for the specific origin of goods. In case goods cannot be described in detail in terms of technical specifications, technological designs or technological standards, the brand or catalogue of a specific product may be specified for reference and illustration of the technical requirements for the goods, provided that the phrase “or equivalent” is included after the brand or catalogue, at the same time, the criteria for equivalence to such goods in terms of technical specifications, functions, technological standards and other aspects (if any) must be clearly specified to facilitate contractors in preparing their bid dossiers.

 

Chapter III

RESPONSE TO ARISING EVENTUALITIES

 

Article 16. Response to arising eventualities

1. In case the cost estimate is approved after approval of the contractor selection plan, such cost estimate shall replace the bidding package price in the contractor selection plan as the basis for determining whether the bidding package falls within the scope of this Decree.

2. In case the maximum estimated value of a bidding package throughout its implementation cannot be determined upon formulation of the contractor selection plan, such bidding package shall fall within the scope of this Decree, except for cases excluded under Clause 2 Article 1 of this Decree.

3. In case the procurement authorities listed in the Appendices to this Decree are renamed, divided or separated, such authorities shall be deemed procurement authorities listed in these Appendices.

In case the procurement authorities listed in the Appendices to this Decree are merged or consolidated, bidding packages of the entities formed after such merger or consolidation for the purpose of performing the functions and tasks of the former entities shall be subject to contractor selection in accordance with this Decree. For bidding packages intended to perform specific functions and tasks of an entity before merger or consolidation or implemented within the administrative areas of such entities, if those entities are not listed in these Appendices or fall within the exclusions specified in this Decree, such bidding packages shall fall outside the scope of this Decree (hereinafter referred to as work outside the scope of regulation). In case work outside the scope of regulation cannot be separated into a distinct bidding package, resulting in a bidding package comprising both work outside and work within the scope of regulation, the contractor selection must be conducted in accordance with this Decree.

In case procurement authorities or their subordinate units listed in the Appendices to this Decree are transferred to the management of other agencies or organizations, such procurement authorities or subordinate units shall continue to be deemed procurement authorities listed in these Appendices.

4. Apart from the cases specified in Clauses 1, 2 and 3 of this Article, in case of arising eventualities, the project owners shall consider and decide on their response to arising eventualities in accordance with the law on bidding.

 

Chapter IV

IMPLEMENTATION PROVISIONS

 

Article 17. Responsibilities of ministries, sectors and relevant agencies

1. The Ministry of Finance shall:

a) Publish the bidding package price thresholds for application of this Decree, expressed in Vietnamese dong, on the Vietnam National E-Procurement System;

b) Issue form of bidding dossiers;

c) Guide the implementation of other necessary provisions of this Decree to meet the requirements for implementation of the CPTPP Agreement, the EVFTA and the UKVFTA and for state management of bidding activities.

2. The Ministry of Health shall guide the implementation of procurement of pharmaceuticals in accordance with the CPTPP Agreement, the EVFTA and the UKVFTA.

3. The procurement authority shall report to competent authorities for consideration and decision on the implementation of measures to ensure national defense, national security, state secrets, morality, social order and safety; protect human, animal and plant life and health and the environment; protect intellectual property rights in accordance with the law on intellectual property; organize the procurement of goods and services from persons with disabilities, persons serving prison sentences, humanitarian organizations and non-profit organizations; and implement other necessary measures in accordance with law.

Article 18. Transitional provisions

1. For bidding packages falling within the scope of the CPTPP Agreement, the EVFTA and the UKVFTA for which the contractor selection plans, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, dossiers of requirements or bidding dossiers have been approved but have not yet been issued by the effective date of this Decree, where any contents are inconsistent with the provisions of this Decree, the adjustments to the contractor selection plans, dossiers of invitation for expression of interest, dossiers of invitation to prequalification, dossiers of requirements or bidding dossiers must be approved accordingly.

2. For bidding packages falling within the scope of the CPTPP Agreement, the EVFTA and the UKVFTA for which dossiers of invitation for expression of interest, dossiers of invitation to prequalification, dossiers of requirements or bidding dossiers were issued before the effective date of this Decree but the bid closing time falls after that date and has not yet been reached, any contents inconsistent with or contrary to this Decree must be amended accordingly. In this case, the project owner must allow contractors a reasonable period of time to prepare their dossiers of expression of interest or dossiers for participation in prequalification, dossiers of proposals and bid dossiers.

3. For bidding packages falling within the scope of the CPTPP Agreement, the EVFTA and the UKVFTA for which bids were opened before the effective date of this Decree, the organization of shortlisting, contractor selection, contract conclusion and management of contract performance shall continue in accordance with the Government's Decree No. 95/2020/ND-CP dated August 24, 2020, guiding the implementation of procurement bidding under the CPTPP Agreement, as amended and supplemented by Decree No. 09/2022/ND-CP and Decree No. 17/2025/ND-CP.

4. In case of intra-region bidding, the contractor selection shall be conducted through the Vietnam National E-Procurement System from March 1, 2027.

Article 19. Effect

1. This Decree shall take effect on November 14, 2026.

2. From the effective date of this Decree, Decree No. 95/2020/ND-CP (as amended and supplemented by Decree No. 09/2022/ND-CP and Decree No. 17/2025/ND-CP) shall cease to be effective.

3. For matters not specified in this Decree, the provisions of the Law on Bidding, Decree No. 214/2025/ND-CP and relevant guiding documents shall apply, provided that they are not contrary to the CPTPP Agreement, the EVFTA and the UKVFTA. In case Decree No. 214/2025/ND-CP contains provisions different from those of this Decree, this Decree shall apply.

4. In case legal documents referred to in this Decree are amended, supplemented or replaced, the amending, supplementing or replacing documents shall apply, except where the amending, supplementing or replacing provisions are inconsistent with the CPTPP Agreement, the EVFTA and the UKVFTA.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

THE DEPUTY PRIME MINISTER

 

 

 

Pham Gia Tuc

                                             

* All Appendices are not translated herein.

 

                                             

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VIETNAMESE DOCUMENTS

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Decree 374/2026/NĐ-CP PDF (Original)

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Decree 374/2026/NĐ-CP (Word)

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Appendix 1 (Word)

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Appendix 2 (Word)

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Appendix 3 (Word)

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ENGLISH DOCUMENTS

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Decree 374/2026/NĐ-CP (PDF)

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SAME CATEGORY

Decree No. 366/2026/ND-CP dated September 24, 2026 of the Government amending and supplementing a number of articles of the Government’s Decree No. 104/2018/ND-CP dated August 08, 2018, detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam, and the Government's Decree No. 08/2019/ND-CP dated January 23, 2019, providing a number of regimes for members of overseas Vietnamese missions as amended and supplemented by Decree No. 51/2024/ND-CP dated May 15, 2024

Decree No. 366/2026/ND-CP dated September 24, 2026 of the Government amending and supplementing a number of articles of the Government’s Decree No. 104/2018/ND-CP dated August 08, 2018, detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Overseas Representative Missions of the Socialist Republic of Vietnam, and the Government's Decree No. 08/2019/ND-CP dated January 23, 2019, providing a number of regimes for members of overseas Vietnamese missions as amended and supplemented by Decree No. 51/2024/ND-CP dated May 15, 2024

Foreign affairs

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