New Tendering Law
The new Tendering Law takes effects from 1 July 2014 and includes the following notable points:
- A project funded by (1) 30% or more or (2) VND 500 billion or more State capital will be subject to Tendering Law. Under the existing regulations, A project funded by less than 30% State capital is not subject to tender regulations even if the amount of State capital is more than VND 500 billion;
- The Tendering Law applies to the tender process for selecting an investor in Public Private Partnership (PPP) project. However, under the Tendering Law, the investor in a PPP project needs to sign a BOT, BTO or BOO contract. It is not clear if this means that potential investors in a BOT project under Decree 108 will also be subject to the Tendering Law;
- There are separate provisions for central procurement of goods, procurement of pharmaceutical products, and procurement of public services; and
- Disputes about tendering process will be settled as a civil dispute. A party to a tender dispute may apply the courts for an interim measure to postpone or temporarily stop a tender process.