Cases of direct appointment of contractor in Vietnam

Pursuant to Article 22 of the 2013 Law on Bidding, appointment of contractor shall be applied in the following cases:

Direct appointment of contractor for contractor shall apply in the following cases:

1) Procurements need be performed to immediately overcome or timely handle consequences caused by force majeure event; procurements need be performed to ensure national secret; procurements need be carried out immediately to not cause damages directly to life, health and assets of population communities on geographical areas or to not severely affect to adjacent projects; procurement of purchasing drugs, chemicals, supplies, and health equipment in order to carry out the work of prevention and fighting of epidemics in urgent cases;

2) Urgent procurements need be carried out aiming to protect national sovereignty, national borders, and islands;

3) Procurements of provision of advisory services, non-advisory services, procurement of goods which must buy from contractors performed previously due to ensuring the compatibility of technologies, copyright which not able to buy from other contractors; procurements with nature of research, test; purchase of intellectual property copyright;

4) Procurements provide advisory service for making feasible study reports, construction designs which have been appointed for authors of designs of works architectures who won in selection or are selected when authors have full conditions and capability in accordance with regulations; procurements of construction of statues, reliefs, monumental paintings, art works in association with author right from the creation stage to stage of construction of the works;

5) Procurements of relocation of technical infrastructure works managed directly by a specialized unit in order to serve the work of ground clearance; procurements of detection and disposal of bombs, mines, explosives in order to prepare construction of works;

6) Procurements of providing public products and services, procurements with procurement price in the limitation allowed to apply direct appointment of contractor as prescribed by Government in line with economic-social conditions in each period.

*Note: the appointment of contractor for a bidding package in the cases (2), (3), (4), (5), (6) must satisfy the following conditions:

– Having an approved decision on investment, except for advisory procurements for project preparation;

-Having an approved plan on selection of contractors;

– Having been allocated capital at the request of the implementation schedule of procurement;

– Having an approved estimate in accordance with regulation, except for case of EP, EC, EPC procurements, turnkey procurements;

– Having time for implementation of direct appointment of contractor as from the day of approving dossier of requirements to day of signing contract not exceeding 45 days, case of procurements with big scale, complex content not exceeding 90 days;

– Contractor who is suggested for direct appointment of contractor must have name in the database on contractors of state management agencies on bidding operation.

 *Direct appointment of contractor for investor shall apply in the following cases:

– There is only one investor registering implementation;

– There is only one investor able to perform due to concerning intellectual property, commercial secret, technologies or capital arrangement;

-Investor proposing project satisfy requirements of implementation project with feasibility and highest efficiency in accordance with regulations of Government.

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