Decree No. 68/2012/ND-CP dated September 12, 2012 of the Government amending and supplementing a number of September 12, 2012 , articles of the Government's Decree No. 85/2009/ND-CP dated September 15, 2009, guiding the implementation of the Law on bidding and the selection of bidders in accordance with the law on construction

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Decree No. 68/2012/ND-CP dated September 12, 2012 of the Government amending and supplementing a number of September 12, 2012 , articles of the Government's Decree No. 85/2009/ND-CP dated September 15, 2009, guiding the implementation of the Law on bidding and the selection of bidders in accordance with the law on construction
Issuing body: GovernmentEffective date:
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Official number:68/2012/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:12/09/2012Effect status:
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Fields:Bidding - Competition , Construction

SUMMARY

DOSSIER FOR THE APPRAISAL OF THE SELECTION OF BIDDERS

On September 12, 2012, the Government issued the Decree No. 68/2012/ND-CP amending and supplementing a number of September 12, 2012 , articles of the Government's Decree No. 85/2009/ND-CP dated September 15, 2009, guiding the implementation of the Law on bidding and the selection of bidders in accordance with the law on construction, regulating the composition of the application for the appraisal of the bidding plan that is similar to that of the application for the approval of the bidding plan.

Specifically, dossier submitted for approval includes: the document submitting a bidding plan for approval indicates: jobs already done, including those related to project preparation and bidding packages executed in advance with their respective values and legal grounds; Jobs to which none of the forms of contractor selection prescribed under Law; Jobs ineligible for elaboration of a bidding plan (if any): their contents and values…and other documents enclosed with the bidding plan-submitting document such as the investment decision or investment certificate; The approved design and cost estimate (if any); and other relevant documents (if any).

For restricted bidding, the investor must state clearly the reasons to apply other selection of bidders in accordance with the Law of bidding, Law of Construction and this Decree.

The Decree shall take effect on November 01, 2012.
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Effect status: Known

THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 68/2012/ND-CP
Hanoi, September 12, 2012
 
DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 85/2009/ND-CP DATED SEPTEMBER 15, 2009, GUIDING THE IMPLEMENTATION OF THE LAW ON BIDDING AND THE SELECTION OF BIDDERS IN ACCORDANCE WITH THE LAW ON CONSTRUCTION
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Bidding dated November 29, 2005;;
Pursuant to the Law on amending and supplementing a number of articles of the laws related to investment and fundamental construction dated June 19, 2009;
Pursuant to the Government’s Resolution No. 25/NQ-CP dated June 02, 2010 on the simplification of 258 administrative procedures under the management of Ministries and sectors;
Pursuant to the Government’s Resolution No. 70/NQ-CP dated June 02, 2010 on the simplification of administrative procedures under the management of the Ministry of Planning and Investment;
At the proposal of the Minister of Planning and Investment;
The Government promulgates the Decree amending and supplementing a number of provisions on administrative procedures of the Decree No. 85/2009/ND-CP;
Article 1. Amending and supplementing a number of articles of the Government's Decree No. 85/2009/ND-CP dated September 15, 2009, guiding the implementation of the Law on Bidding and the selection of bidders in accordance with the Law on Construction
1. Adding Point c to Clause 1 Article 12 as follows:
“c) The composition of the application for the appraisal of the bidding plan is similar to that of the application for the approval of the bidding plan specified in Clause 2 Article 11 of this Decree.”
2. Point a Clause 1 Article 15 is amended and supplemented as follows:
“a) For open bidding
- The investor shall approve the request for expression of interest, including the requirements for professional competence and the number of experts, the requirements for experience;
- The criteria for assessing the expression of interest must be specified in the invitation for expression of interest, including the standards of professional competence, number of experts, and experience;
- The notice of request for expression of interest (even in English, for international bidders) must be printed on the Bidding magazine in 03 consecutive issues, and posted the on the bidding website, and may be posted on other means of mass media;
- As from the first day of issuing the request for expression of interest to before the end of the time limit for submitting the expression of interest, the bid solicitor shall distribute the requests for expression of interest to interested bidders.
If the request for expression of interest is not issued as prescribed or the bidders are deliberately restricted to receive the request for expression of interest, the bid solicitors shall be handled as prescribed in Point m Clause 1 Article 65 of this Decree;
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