Vietnam Business Law

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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. 
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