According to the MPI, the draft decree will amend and supplement some articles of Decree No 95. It aims to guide State companies to execute bidding packages under the CPTTP agreement and EU-Việt Nam Free Trade Agreement (EVFTA).
However, per the Government’s Resolution No 190/NQ-CP on the provisional application of the UK-Việt Nam FTA (UKVFTA), Việt Nam agreed to temporarily apply the UKVFTA from January 1, 2021.
The agreement was negotiated based on the principle of inheriting commitments in the EVFTA with necessary adjustments to ensure compliance with the bilateral trade framework between Việt Nam and UK. By doing so, the draft decree will avoid amending Decree 95/2020/NĐ-CP many times.
The MPI has asked the Government to revise Decree No 95 as follows.
The first option aims to implement international treaties on bidding and the second option is to execute the bid for public procurement of goods under the CPTTP, EVFTA and UKVFTA.
To boost competitiveness in bidding, the draft decree has stipulated the implementation of bidding related to consultancy services, non-consultancy services and construction services.
In the draft decree, bidding packages specified in Appendix II of the Decree No 95 show State companies will decide to allow intra-regional contractors or contractors from member countries of CPTTP to attend only.
For bidding packages specified in Appendix III of Decree No 95, State companies can allow intra-regional contractors or contractors from member states of the EU and UK to bid.
Regarding the intra-regional procurement bidding for the supply of goods specified in (Appendix II), State companies will decide to allow intra-regional contractors to offer goods originated from member countries of the CPTTP, the UK and EU to attend or allow member countries of CPTTP to offer goods originated from these countries only.
For supply of goods specified in (Appendix III), State companies will decide to allow intra-regional contractors to offer goods originated from member states of the CPTTP, the EU and UK or only allow contractors from the EU and UK to offer goods originated from these countries.