Vietnamese
From August 21, 2026, the Government's Decree No. 274/2026/ND-CP detailing the Law on Bidding regarding the selection of investors for investment business projects officially takes effect.
One of its notable provisions concerns bidding preferences for investors offering solutions applying advanced technologies, high technologies, environmentally friendly technologies, and the best available techniques.
Under Point a, Clause 1, Article 6 of Decree No. 274/2026/ND-CP, an investor offering solutions applying advanced technologies, high technologies, environmentally friendly technologies, or the best available techniques to minimize environmental pollution for projects classified as having a high risk of adverse environmental impacts under the law on environmental protection is entitled to a 5% preference in the evaluation of bid dossiers.
In addition, Point c, Clause 1, Article 6 of Decree No. 274/2026/ND-CP also provides a 5% preference in the evaluation of bid dossiers for investors that are:
- Science and technology enterprises;
- Innovative start-up enterprises and organizations supporting innovative start-ups recognized by competent authorities;
- Innovation centers;
- Strategic technology enterprises;
- High-tech enterprises;
- Enterprises manufacturing hi-tech products;
- Hi-tech incubation establishments and hi-tech business incubation establishments in accordance with the law on high technologies.
Besides the 5% preference, Decree No. 274/2026/ND-CP also provides a 2% preference in the evaluation of bid dossiers for investors committing to technology transfer or carrying out high-tech activities in relation to high technologies and hi-tech products included in the lists promulgated by the Prime Minister, technologies included in the List of Technologies Encouraged for Transfer, or strategic technologies in accordance with the law on high technologies.
Foreign investors committing to transferring technologies to domestic investors or partners are also entitled to a 2% preference in the evaluation of bid dossiers.
To enjoy these preferences, investors are required to submit documents proving their solutions applying advanced technologies, high technologies, environmentally friendly technologies or the best available techniques, as well as documents evidencing the lawful right to use such technologies in accordance with the laws on high technologies, technology transfer, environmental protection and other relevant laws when participating in the bidding process.
Accordingly, from August 21, 2026, investors offering high-tech solutions or falling within the groups of technology enterprises and organizations specified in Article 6 of Decree No. 274/2026/ND-CP may enjoy a bidding preference of up to 5% in the evaluation of bid dossiers. However, this preference does not automatically apply to all investors involved in technology activities, but only to those satisfying the prescribed eligibility criteria and providing the required supporting documents.
