THE PRIME MINISTER
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, November 09, 2012
ON THE APPLICATION OF CONTRACTOR APPOINTMENT TO BID PACKAGES IN SPECIAL CASES CONSIDERED AND DECIDED BY THE PRIME MINISTER
Pursuant to Law on Organization of the Government dated December 25, 2001;
Pursuant to Law on Bidding No.61/2005/QH11 dated November 29, 2005;
Pursuant to Law No. 38/ 2009/QH12 dated June 19, 2009, amending and supplementing the laws related to investment in fundamental construction;
Pursuant to the Government's Decree No. 85/2009/ND-CP dated October 15, 2009, guiding the implementation of the Law on Bidding and the selection of contractors under the Law on Construction;
Pursuant to the Government’s Decree No. 68/2012/ND-CP dated September 12, 2012, amending and supplementing a number of articles of the Government’s Decree No. 85/ 2009/ND-CP dated October 15th 2009, guiding the Law on Bidding and the selection of contractors under the Law on Construction;
At the proposal of the Minister of Planning and Investment.
The Prime Minister issues the Decision on the application of contractor appointment to bid packages in special cases considered and decided by the Prime Minister.
Article 1. Scope of regulation and subjects of application
This Decision is applicable to the ministries, ministerial-level agencies, Governmental agencies, other central agencies, People’s Committees, state-owned economic corporations, state-owned general companies, related organizations and persons when deploying bid packages on the projects regulated by the Law on Bidding which satisfy the conditions specified in Articles 2 and 3 of this Decision.
Article 2. Special cases eligible for contractor appointment
The special cases that are considered and decided by the Prime Minister are specified in Point k Clause 2 Article 40 of Decree No. 85/2009/ND- CP, including:
1. Urgent bid packages for holding national important events which have been decided by the Prime Minister;
2. Urgent bid packages for protecting the sovereignty of the country, the frontier and islands.
3. Bid packages for preparing urgent projects which must be immediately implemented so as to attract and raise capital from foreign sponsors.
4. Urgent bid packages serving the preparation and construction of initial infrastructure aiming to meet the schedules of national energy development projects.
5. Urgent bid packages for directly providing mechanical products manufactured by domestic enterprises for national energy development projects.
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