Nghị định 68/2012/NĐ-CP sửa đổi Nghị định 85/2009/NĐ-CP hướng dẫn Luật đấu thầu và lựa chọn nhà thầu xây dựng theo Luật xây dựng

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 85/2009/NĐ-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/NĐ-CP;

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 85/2009/NĐ-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;

- The bidder shall submit directly or send the expression of interest to the bid solicitor’s address before the end of the time limit for submitting the expression of interest;

- The shortest time for bidders to prepare expressions of interest is 10 days applicable to domestic bidding, and 20 days applicable to international bidding, as from the first day of issuing the request for expression of interest;

- The bid solicitor shall assess the expressions of interest submitted by the bidders according to the criteria, and submit them to the investor for approving the short list.

3. Clause 2 Article 54 is amended as follows:

“2. Approving or delegating competent persons to approve the bidding package that applies direct contracting in special cases specified in Point k Clause 2 Article 40 of this Decree.”

4. Clause 2 and Clause 3 Article 60 is amended and supplemented as follows:

“2. The petition must be signed by the signer of the bids, or the legal representative of the bidder, and must be stamped (if any). The petition must be made under the form in Annex I promulgated together with this Decree.

3. The bidder shall submit directly or send the petition to the address of the person in charge of handling petitions as prescribed in Clause 2 Article 72 of the Law on Bidding.”

5. Point a and Point b Clause 2 Article 71 is amended and supplemented as follows:

a) The photocopy of the Investment decisions and the documents for making the Investment decision; the Certificate of business registration, Investment certificate, or the Establishment Decision, the international agreement (if any); the photocopy of the Decision on approving the bidding plan;

b) The photocopy of the bidding documents, enclosed with the photocopy of the Decision on approving the bidding document and the request;”

6. Adding Point c to Clause 2 Article 72 as follows:

“c) The composition of the application for the appraisal of the selection of bidders is similar to that of the application for the approval of the selection of bidders specified in Article 71 of this Decree.” The bid solicitor shall submit directly or send 01 application for the appraisal to address of the appraising agency.”;

7. The form of petition is added in Annex I promulgated together with this Decree.

Article 2. Effect and responsibility

1. This Decree takes effect on November 01, 2012.

2. The Ministries, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces and relevant organizations and individuals are responsible for implementing this Decree./.

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