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The Government has issued Decree 349/2026/ND-CP, amending and supplementing several provisions of decrees guiding the Law on Bidding on contractor selection, with a focus on accelerating digitalisation and improving transparency in procurement activities.
The decree, effective from September 9, introduces a number of changes to Decree 214/2025/ND-CP, including greater use of the Vietnam National E-Procurement System in contractor appointment procedures.
Under the new rules, more stages of the contractor selection process will be carried out electronically. The move is expected to standardise information exchange between project owners and contractors, reduce paperwork handled outside the System, shorten processing times and improve transparency.
For contractor appointment under standard procedures, project owners will use the System to perform key tasks, including publishing contractor selection plans, sending and clarifying dossiers of requirements, opening dossiers of proposals and disclosing contractor selection results.
Contractors, meanwhile, may receive dossiers of requirements, enter into joint-name agreements, prepare and submit dossiers of proposals, and carry out other related procedures directly on the System.
For contractor appointment under fast-track procedures, the project owner will send the draft contract to the selected contractor through the System. The contractor may then review, finalise and conclude the contract electronically. Procedures for publishing contractor selection results will also be adjusted to reflect the specific characteristics of fast-track contractor appointment.
The decree further requires project owners to update information on actual contract implementation progress on the System once contractual milestones are completed. Any changes or additions concerning the list of subcontractors and special subcontractors, their scope of work and the proportion of work assigned to them must also be updated.
Decree 349 also relaxes certain requirements concerning the capacity and experience of members of expert and evaluation groups.
For bidding packages under science, technology and innovation projects, hi-tech application projects and projects involving new technologies, as well as packages under procurement estimates not forming part of a project, investors may decide on the selection of members of expert and evaluation groups, provided that they are capable of performing the assigned tasks.
Such members are not required to hold professional certificates in procurement or have at least three years of working experience in legal, technical or financial fields related to the bidding package as prescribed in current regulations.
The new decree also says that if it is necessary to seek opinions from or mobilise specialised experts who are not personnel of the project owner or the unit providing bidding consultancy, such experts will not be required to hold professional certificates in procurement.- (VLLF)
