Similar contracts in the procurement of goods in Vietnam are a relatively new concept for many investors, contractors, and interested parties in the field of bidding. In the following article, ASL LAW will show the provisions of similar contracts in the procurement of goods in Vietnam.
The Law on Bidding 2013 and Decree 63/2014/ND-CP of Vietnam do not have specific definitions and concepts of similar contracts. However, similar contract provisions have been mentioned in the guiding documents of the Vietnam Ministry of Planning and Investment in the circulars regulating the forms of bidding documents.
Package for procurement of goods
A bidding package is a part or the whole of a project or procurement estimate. The bidding package may include the same procurement contents of many projects or the volume of one-time procurement, the volume of procurement for a period for regular procurement, or concentrated procurement.
Bidding packages for procurement of common and available goods on the market with standardized technical characteristics and equivalent in quality in the case of application of competitive offers as prescribed in Clause 1, Article 23 of the Law on Bidding 2013.
Similar contract in the procurement of goods
Similar contract in a bidding package for procurement of goods is a contract that has been performed in its entirety, in which the construction, installation and procurement of goods provided have similar characteristics to the bidding package under consideration and completed, including similar in nature, complexity and size of work.
Specifically, according to Circular 03/2015/TT-BKHDT, the criteria for evaluating similar contracts in the procurement of goods include:
– Similar in nature and complexity
– Similar in size of work
Types of similar contracts in the procurement of goods
Types of similar contracts in the procurement of goods include:
1. Full contract: the contract has a fixed price throughout the performance period for all work contents in the contract.
2. Fixed unit price contract: a contract with a unit price that remains unchanged throughout the performance period for all work contents in the contract.
3. Contract with adjustable unit price: a contract with a unit price that can be adjusted based on the agreements in the contract for all work contents in the contract.