THE MINISTRY OF PLANNINGAND INVESTMENT

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SOCIALIST REPUBLIC OF VIET NAMIndependence - Freedom - Happiness

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No. 05/2010/TT-BKH Hanoi, February 10, 2010

CIRCULAR

DETAILING THE MAKING OF GOODS PROCUREMENT BIDDING DOSSIERS

THE MINISTRY OF PLANNING AND INVESTMENT

Pursuant to November 29, 2005 Bidding Law No. 61/2005/QH11;

Pursuant to June 19, 2009 No. 38/2009/QH12 Law Amending and Supplementing a number ofArticles of Laws Concerning Capital Construction Investment;

Pursuant to the Government's Decree No. 85/ 2009/ND-CP of October 15, 2009, guiding theimplementation of the Bidding Law and the selection of construction contractors under the ConstructionLaw;

Pursuant to the Government's Decree No. 116/2008/ND-CP of November 14, 2008, defining thefunctions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

The Ministry of Planning and Investment details the making of goods procurement bidding dossiers asfollows:

Article 1. Scope of regulation and subjects of application

1. This Circular applies to organizations and individual in charge of making bidding dossiers forprocurement of goods (including spare parts, technical documents and accompanied technicalservices, if any) under projects regulated by the Bidding Law when applying the form of domestic orinternational open or restricted bidding.

2. For goods procurement bid packages under ODA-funded projects, if donors agree, the modelbidding easier issued together with this Circular may be used with modifications according tobidding regulations in treaties to which the Socialist Republic of Vietnam is a contracting party orinternational agreements which have been signed by competent agencies or organization of the SocialistRepublic of Vietnam.

Article 2. Model goods procurement bidding dossier

The model goods procurement bidding dossier issued together with this Decision has the followingprincipal contents:

Part I. Instructions for contractors

Chapter I. Requirements on bidding procedures

Chapter II. Bid data sheet

Chapter III. Evaluation criteria and determination of evaluation prices

Chapter IV. Bid forms

Part II. Requirements on supply

Chapter V. Scope of supply

Chapter VI. Schedule of supply

Chapter VII. Technical requirements

Part III. Contractual requirements

Chapter VIII. General contractual terms

Chapter IX. Specific contractual terms

Chapter X. Model contract

When applying this model dossier, organizations and individuals that make bidding dossiers shall basethemselves on the size and characteristics of bid packages to set requirements on the principles of faircompetition, equality, transparency and economic efficiency; refrain from imposing conditions to restrictthe participation of contractors or create advantages for one or several contractors, thus causing unfaircompetition.

In this model dossier, contents in italic letter font are for instructive and illustrative purposes which may beconcretized by makers of bidding dossiers based on the size and characteristics of each bid package.When necessary to make changes or additions to contents printed in regular letter font, makers of biddingdossiers shall give written explanations and ensure compliance with the bidding law; investors shall takeresponsibility before law for those changes and additions.

Article 3. Organization of implementation

1. This Circular takes effect on April 1, 2010, and replaces the Planning and Investment Ministry'sDecision No. 1118/2008/QH-BKH of September 3, 2008, providing the model goods procurement biddingdossier.

2. Ministries, ministerial-level agencies, government-attached agencies, central agencies, People'sCommittees at all levels and concerned organizations and individuals shall implement this Circular.Ministries, ministerial-level agencies, government-attached agencies, other central agencies andprovincial-level People's Committees shall, within the scope of their management, guide in detail somecontents of this Circular (when necessary) while ensuring compliance with this Circular.

3. Ministries, ministerial-level agencies, government-attached agencies, other central agencies, People'sCommittees at all levels and concerned organizations and individuals should report problems to theMinistry of Planning and Investment for timely consideration and settlement.-

MINISTER OF PLANNING AND INVESTMENT

VO HONG PHUC

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