LEGAL UPDATES VOL 48, AUGUST 2022

LEGAL UPDATES

VOL 48, AUGUST 2022

Dear Valued Clients and Partners,

ADK Vietnam Lawyers would like to introduce to you the Legal Updates, Vol 48 of August 2022 with new legal provisions with notable contents as follows:

1. Peculiar process on appointment of contractors according to the Resolutions of the National Assembly

On August 8, 2022, the Ministry of Planning and Investment has just issued Official Letter 5520/BKHDT-QLDT guiding the specific mechanism of contractor appointment according to the Resolutions of the National Assembly.

Accordingly, the process of appointment of contractors for transport and health infrastructure packages under the Socio-economic Recovery and Development Program will be implemented according to Article 55 of Decree 63/2014/ND-CP as follows:

(i) Step 1: Preparing for contractor selection

- Making the request dossier

- Appraising and approving dossiers of request and identifying the contractor recommended for appointment of contractor

(ii) Step 2: Selecting the contractor

- Dossiers of request are issued to the identified contractors

- The contractors shall prepare and submit the proposal as requested in the request dossiers

(iii) Step 3: Evaluating the proposal and negotiating

- The evaluation of proposals must be carried out according to the evaluation criteria specified in the request dossiers.

- A contractor is recommended for appointment of a contractor when fully satisfying the following conditions: Having a valid proposal; having the capacity, experience and technical proposals to meet the requirements of the request dossier; price proposed for appointment of a contractor does not exceed the approved bid package.

(iv) Submitting, appraising, approving and publicizing contractor appointment results

- On the basis of the report on the evaluation results of the proposals, the bid solicitor shall submit the contractor selection results, clearly stating the opinions of the bid solicitor on the evaluation contents of the expert group.

- The contractor selection results must be appraised according to clauses 1 and 4, Article 106 of Decree 63/2014/ND-CP.

(v) Finalizing and concluding the contract: The contract signed between the parties must be consistent with the decision approving the contractor appointment result, contract negotiation minutes, proposals, dossier of request and other relevant documents.

2. Instructions for registration for granting the right to exploit housing information

Decree 44/2022/ND-CP stipulating the construction, management and use of information systems on housing and real estate market issued by the Government on June 29, 2022 and officially took effect on August 15, 2022.

Accordingly, clause 3 Article 24 of this Decree guides organizations and individuals that wish to register for the grant of the right to exploit and use information and data on housing and the real estate market to submit a request form to competent agencies or units in one of the following forms:

(i) Direct submission in writing;

(ii) Sending by official dispatches, fax, post office;

(iii) Online registration on the website of the information provider.

Within 07 working days from the date of receipt of the request, the supplier shall consider granting access to valid rights to exploit and use information and data on housing and the real estate market; in the case of refusal to grant the right to exploit and use, the supplier must respond with reasons clearly stated.

We hope you found this brief legal update informative.

Kind regards./.

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