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The Ministry of Finance (MOF) is seeking comments on the draft revised Law on Bidding, which proposes changes to preferential policies for the selection of contractors and investors.
Once approved, the draft is expected to help expand the market for goods of Vietnamese origin, encourage businesses to invest in research and technological innovation, and enhance their competitiveness, thereby providing an important impetus for sustainable economic growth in the years ahead.
Preferences in contractor selection
Article 8 of the draft sets out preferences for the selection of contractors and investors. It says that goods of Vietnamese origin and environmentally friendly products and services, as defined by the environmental protection legislation, would be eligible for preferences in contractor selection.
Preferential treatment would also be given to domestic contractors manufacturing goods of Vietnamese origin that meet the requirements of bidding dossiers. Foreign contractors forming a joint-name entity with domestic contractors would be eligible if the domestic contractors perform at least 25 per cent of the value of the procurement package. Domestic contractors participating independently or in a joint-name entity with other domestic contractors in international bidding would also qualify.
Other eligible contractors include small- and medium-sized enterprises as defined by legislation on SME development, as well as individual contractors, innovative startups and innovative startup support organisations recognised by competent authorities; innovation centres; science and technology enterprises and organisations; research and development centres; strategic technology enterprises; hi-tech enterprises; manufacturers of hi-tech products; hi-tech incubators; and hi-tech business incubators.
Contractors employing female workers, war invalids, persons with disabilities or members of ethnic minorities would also be entitled to preferences.
The draft also covers strategic technology products on the List of Strategic Technology Products and hi-tech products on the List of Hi-Tech Products Encouraged for Development, provided they are manufactured by strategic technology enterprises, hi-tech enterprises or manufacturers of hi-tech products in accordance with the law on high technology.
Products and goods that are outcomes of special science, technology and innovation tasks, as well as those resulting from domestic science, technology and innovation tasks, would also qualify. The same applies to digital technology products and services that meet the requirements set by the Minister of Science and Technology, together with other eligible entities or products specified under sector-specific legislation.
Forms of preference for contractors
The proposed forms of preference include ranking an eligible contractor higher in case such contractor is assessed as equal to a contractor not entitled to preferences, as well as awarding additional points to the evaluation scores of eligible contractors.
Furthermore, an amount may be added to the bid price or evaluated price of contractors not entitled to preferences, while eligible contractors may receive preference in the assessment of capacity, experience and other criteria during bid evaluation.
Other measures include reserving bidding packages for eligible contractors and requiring contractors to offer goods or services that fall within preferential categories. Additional preferences may also be provided under specialised legislation.
Preferences in investor selection
The draft also identifies investors that would be eligible for preferences in investor selection.
These include investors proposing technological solutions to reduce environmental pollution in projects classified as posing a high risk of adverse environmental impacts under the law on environmental protection.
Preferences would also apply to investors committed to transferring technologies on the List of Technologies Prioritised for Investment and Development under the law on high technology, the List of Technologies Encouraged for Transfer under the technology transfer legislation, or the List of Strategic Technologies under the law on high technology.
Other eligible investors would include science and technology enterprises, innovative startup enterprises and innovative startup support organisations recognised by competent authorities; innovation centres; strategic technology enterprises; hi-tech enterprises; manufacturers of hi-tech products; hi-tech incubators; hi-tech business incubators; and foreign investors committed to transferring technology to domestic investors or partners.
Preferential treatment for investors would include ranking an eligible investor higher when such investor is assessed as equal to an investor not entitled to preferences, or awarding additional points in the overall score used for comparison and ranking.- (VLLF)
