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Vietnam Introduces Decree to Streamline Bidding Processes

The Vietnamese government has taken a significant step towards enhancing transparency and efficiency in Bidding processes with the issuance of Decree No. 24/2024/ND-CP. This decree, which provides detailed guidelines for the implementation of the Bidding Law, aims to improve the selection of contractors and ensure compliance with legal requirements.

Under the provisions of the new decree, particular attention is given to the self-implementation procedure outlined in Article 81. This procedure delineates the steps involved in preparing and executing self-implementation plans, as well as drafting task assignment agreements and documents. Key elements of this process include:

  1. Preparation of Self-Implementation Plans: Contractors are required to prepare comprehensive self-implementation plans that encompass various aspects such as the scope and content of the work, the value and duration of implementation, and quality assurance measures. Additionally, clear guidelines are provided for the disclosure of information related to the Bidding package.
  2. Completion of Self-Implementation Plans: Investors and contractors engage in negotiations to finalize the details of the self-implementation plans. This includes addressing any ambiguities or inadequacies and reaching a mutual agreement on all relevant aspects of the Bidding process.
  3. Approval and Public Announcement: Following the completion of negotiations, the contractor selection results are subject to approval and public announcement. This ensures transparency and accountability in the Bidding process, fostering trust among stakeholders.
  4. Signing of Task Assignment Agreements: Once approval is obtained, contractors proceed to sign task assignment agreements, outlining the terms and conditions of the contract. This step formalizes the arrangement between the parties involved and sets the framework for project execution.

Furthermore, the decree emphasizes the importance of effective management and supervision throughout the Bidding process. This includes provisions for direct oversight by relevant authorities and the appointment of independent legal and financial advisors for certain projects, ensuring compliance with regulatory requirements.

Overall, Decree No. 24/2024/ND-CP represents a significant milestone in Vietnam’s efforts to modernize and streamline its Bidding processes. By providing clear guidelines and procedures, the decree aims to promote fairness, transparency, and efficiency in contractor selection, ultimately contributing to the country’s development goals.

ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].

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