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The Law on Procurement 2023 was passed during the 5th session of the 15th National Assembly on June 23, 2023, and officially takes effect from January 1, 2024. According to the Law on Procurement 2023, which entities are entitled to preferential treatment in preferential treatment in contractor selection? Find out with OTIS LAWYERS in the following article!
Who is eligible for preferential treatment in contractor selection
According to the provisions stated in Clause 1 of Article 10 of the Law on Procurement 2023, the entities eligible for preferential treatment in contractors selection include:
- Goods of Vietnamese origin;
- Environmentally friendly products and services as defined by environmental protection laws;
- Domestic contractors producing goods of Vietnamese origin that are suitable for the bidding documents;
- Foreign contractors in joint ventures with domestic contractors, with the domestic contractor undertaking 25% or more of the contract value of the bidding package;
- Domestic contractors participating independently or in joint ventures with other domestic contractors when participating in international bidding;
- Micro, small, and medium-sized enterprises as defined by laws supporting small and medium-sized enterprises;
- Innovative start-up enterprises as defined by the law;
- Contractors employing female workers comprising 25% or more of their workforce; employing disabled workers comprising 25% or more of their workforce; employing ethnic minority workers comprising 25% or more of their workforce.
The preferential treatment in contractor selection
Các ưu đãi trong lựa chọn nhà thầu bao gồm:
The preferential treatment in contractor selection includes:
- Higher ranking for contractors who fall under the eligible category when compared to contractors who do not fall under the eligible category but have equal evaluations;
- Additional points added to the evaluation score of eligible contractors in cases where fixed-price method, technical-based method, or a combination of technical and price methods are used for comparison and ranking;
- Additional amount added to the bid price or valuation price of non-eligible contractors in cases where the lowest-price method or evaluation-price method is used for comparison and ranking;
- Priority in evaluating capability, experience, and other criteria during the bidding process;
- Construction packages with a value of no more than 5 billion VND are reserved for micro and small enterprises to participate in the bidding. In cases where the bidding has already been organized and no micro or small enterprises meet the requirements, it is allowed to reorganize the bidding and allow other enterprises to participate.
The above is a summary of the OTIS LAWYERS' information regarding the entities eligible for preferential treatment in contractor selection according to the Law on Procurement 2023. We hope this will be a useful reference for our readers.
For any questions or comments, please contact:
OTIS AND PARTNERS LAW FIRM
Office address: K28 - Group K, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi
Email: [email protected]
Hotline: 0987748111
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