Amending and Supplementing a Number of Provisions of Decrees Detailing Certain Provisions of and Providing Measures for the Implementation of the Law on Bidding Regarding Contractor Selection. Effective from the date of issuance pursuant to Article 28.

THE GOVERNMENT

Pursuant to the Law on Organization of the Government No. 63/2025/QH15, as amended and supplemented by Law No. 137/2025/QH15;

Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to the Law on Bidding No. 22/2023/QH15, as amended and supplemented by Law No. 57/2024/QH15, Law No. 90/2025/QH15, Law No. 116/2025/QH15, Law No. 133/2025/QH15 and Law No. 142/2025/QH15;

At the proposal of the Minister of Finance;

The Government hereby promulgates this Decree amending and supplementing a number of provisions of the Decrees detailing certain provisions of and providing measures for the implementation of the Law on Bidding regarding contractor selection.

CHAPTER I

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF GOVERNMENT DECREE No. 214/2025/ND-CP DATED AUGUST 4, 2025, DETAILING CERTAIN PROVISIONS OF AND PROVIDING MEASURES FOR THE IMPLEMENTATION OF THE LAW ON BIDDING REGARDING CONTRACTOR SELECTION

(as amended and supplemented by Government Decree No. 165/2026/ND-CP dated May 15, 2026 and Government Decree No. 170/2026/ND-CP dated May 15, 2026)

Article 1. Amendment and supplementation of Point d, Clause 2, Article 18

Point d, Clause 2, Article 18 is amended and supplemented as follows:

“d) At least one quotation for goods and services shall be obtained; the collection of more than one quotation is encouraged. The procuring entity shall publish the request for quotations on the National E-Procurement System, and interested entities shall submit their quotations on the National E-Procurement System within at least 03 working days from the date on which the request for quotations is published.

Where more than one quotation is received, the average price of the quotations may be used. In determining the average price, where a quotation or an item in a quotation is more than 30% higher or lower than the average price, the procuring entity may exclude such quotation or item when determining the average price.

For procurement packages for medicines; chemicals and laboratory testing supplies; medical equipment; components, accessories and replacement supplies used for medical equipment: based on professional requirements, the procuring entity shall determine the technical criteria and organize the collection of quotations. The procuring entity shall publish the request for quotations on the National E-Procurement System. Publication on the procuring entity’s electronic portal or website, the Ministry of Health’s electronic portal, or the Online Public Service Portal for Medical Device Management is encouraged. Interested entities shall submit quotations within at least 10 days from the date on which the request for quotations is published on the National E-Procurement System.

Where two or more quotations are received, the procuring entity may select the highest quotation that is compatible with its financial capacity and professional requirements.

The procuring entity shall be responsible for collecting quotations in a public and transparent manner. The entity providing the quotation shall be responsible for providing price information for goods and services that is consistent with its capacity to supply such goods and services, and shall ensure that the provision of quotations does not violate regulations on competition, dumping or price inflation.

Where the procuring entity has fully complied with the regulations on organizing the collection of quotations and ensured publicity and transparency, it shall not be held responsible for any violation by the quotation provider of the regulations governing the provision of quotations under this Point.”

Article 2. Amendment and supplementation of Clause 2 and addition of Clause 2a after Clause 2, Article 21

“2. For procurement packages under science, technology and innovation projects in accordance with the law on science, technology and innovation; high-tech application projects in accordance with the law on high technology; projects involving the application of new technologies in accordance with the law on technology transfer; and procurement packages under procurement estimates that do not constitute a project, the procuring entity shall select members of the expert team or appraisal team who have the capacity to perform the assigned tasks and shall not be required to satisfy the requirements specified at Points a and d, Clause 1 of this Article, except where a member of the expert team or appraisal team is an individual consultant or an individual belonging to a bidding consultancy organization.

2a. Where it is necessary to seek opinions from or mobilize specialized experts who are not personnel of the procuring entity or bidding consultancy organization, such experts are not required to hold a professional certificate in bidding.”

Article 3. Amendment and supplementation of Clause 2, Article 35

“2. The procuring entity shall update the actual contract implementation progress on the National E-Procurement System upon completion of the milestones specified in the contract.

During contract performance, the procuring entity shall update information on any changes or developments concerning the list, scope of work and percentage of work performed by subcontractors and special subcontractors, if any.”

Article 4. Amendment and supplementation of certain Points and Clauses of Article 78

1. Points a and b, Clause 2 are amended and supplemented as follows:

“a) Procurement packages under projects or procurement estimates that require urgent implementation to ensure completion in accordance with directions set out in Resolutions, Conclusions and directives of the Central Committee of the Communist Party of Vietnam, the Politburo and the Party Central Committee Secretariat; Resolutions of the National Assembly; Resolutions of the Government; Decisions, Directives and notices of opinions issued by Government leaders; Resolutions of the Central Military Commission, the Central Public Security Party Committee, Standing Committees of Party Committees of ministries, ministerial-level agencies and other central-level agencies; and Resolutions of the Party Committees of centrally governed provinces and cities and provincial-level People’s Councils;

b) Procurement packages under projects that require immediate implementation to ensure connectivity and synchronization among works under the project in accordance with directions set out in Resolutions, Conclusions and directives of the Central Committee of the Communist Party of Vietnam, the Politburo and the Party Central Committee Secretariat; Resolutions of the National Assembly; Resolutions of the Government; Decisions, Directives and notices of opinions issued by Government leaders; Resolutions of the Central Military Commission, the Central Public Security Party Committee, Standing Committees of Party Committees of ministries, ministerial-level agencies and other central-level agencies; and Resolutions of the Party Committees of centrally governed provinces and cities and provincial-level People’s Councils, in order to ensure effective, synchronized and continuous management, exploitation and operation of the works.”

2. Point e1 is added after Point e, Clause 2:

“e1) Procurement packages for which a notice of invitation for bids, notice of invitation for expressions of interest or notice of invitation for prequalification has been published, but one of the following circumstances occurs: no contractor submits a bid, expression of interest or prequalification application; all bids fail to satisfy the bidding documents; or all contractors fail to satisfy the requirements for performing the procurement package.”

3. Point g, Clause 2 is amended and supplemented as follows:

“g) Other procurement packages under procurement estimates, public investment projects and other projects for which direct contracting is necessary in order to select a contractor capable of performing the package while meeting requirements concerning schedule, quality and efficiency of the procurement package, project or procurement estimate.”

4. Point d, Clause 3 is amended and supplemented as follows:

“d) Procurement packages under projects and procurement or service-hiring tasks for digital transformation to implement, build, develop, upgrade or expand: national databases; national shared digital platforms; platforms serving the governance and administration of the Government and the Prime Minister; information systems for administrative procedure resolution; data integration and sharing platforms of ministries, agencies and localities; specialized databases of ministries, agencies and localities; and smart monitoring and operation centers.”

5. Clause 4 is amended and supplemented as follows:

“4. Procurement packages under procurement estimates that do not constitute a project, with a package value of no more than VND 1 billion; consulting service packages under projects with a package value of no more than VND 3 billion; and non-consulting service, goods, construction and mixed packages under projects with a package value of no more than VND 5 billion.”

6. Point c, Clause 5 is amended and supplemented as follows:

“c) Consulting and relocation construction packages for works belonging to technical infrastructure systems and social infrastructure systems in accordance with the law on construction, serving site clearance and resettlement; and consulting, bomb, mine and explosive ordnance clearance packages for preparation of construction sites.”

7. Point e, Clause 5 is amended and supplemented as follows:

“e) Procurement packages for planning and activities serving planning in accordance with the law.”

8. Points i and k are added after Point h, Clause 5:

“i) Procurement packages involving purchases from liquidation, dissolution or bankruptcy activities;

k) Goods purchased through transactions on a commodity exchange.”

Article 5. Amendment and supplementation of certain Clauses of Article 79

1. Clause 1 is amended and supplemented as follows:

“1. Procurement packages falling under the circumstances specified at Point e1, Clause 2; Points d, dd, e, g and h, Clause 5; and Clause 6 of Article 78 of this Decree shall apply the ordinary direct contracting procedure.”

2. Clause 3 is amended and supplemented as follows:

“3. The ordinary direct contracting procedure shall be carried out as follows:

a) Preparation, appraisal and approval of the request for proposals:

The request for proposals shall be approved on the basis of the submission for approval and the appraisal report on the request for proposals, if any. The procuring entity is not required to appraise the request for proposals; where appraisal is required, it shall be carried out in accordance with Article 135 of this Decree.

The request for proposals shall include: summary information on the project, procurement estimate and procurement package; instructions for preparing and submitting proposals; evaluation criteria for the contractor’s capacity and experience, if applicable; technical evaluation criteria; determination of the direct contracting price; and contract conditions. The level of specific requirements for each criterion shall be determined based on the requirements of each procurement package.

Capacity, experience and technical evaluation criteria for construction, goods, non-consulting and mixed procurement packages shall be assessed on a pass/fail basis; a scoring method shall be used to assess technical aspects of consulting procurement packages. The request for proposals shall specify the codes, brands and origins of goods, as well as technical requirements and related services, if any.

b) Issuance, clarification and amendment of the request for proposals:

Based on the scale and nature of the procurement package and preliminary information about contractors capable of performing the package, the procuring entity shall identify a prospective contractor to be invited to receive the request for proposals. The capacity and experience of the prospective contractor need not be evaluated when identifying such contractor.

A prospective contractor may be selected for direct contracting if it has the legal status specified at Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Law on Bidding. For a contractor that is a household business, the contractor must have the legal status specified at Points d and e, Clause 1 and Points a and b, Clause 2, Article 5 of the Law on Bidding.

For goods procurement packages, an individual or group of individuals offering their own innovative products may be selected for direct contracting and receive the request for proposals if they satisfy the legal status requirements specified in Clause 3, Article 5 of the Law on Bidding. Where relevant legislation requires participating contractors and contract-performing contractors to be independent from other organizations or individuals, such requirements shall be complied with.

The request for proposals shall be issued to the prospective contractor through the National E-Procurement System. Clarification and amendment of the request for proposals shall be conducted through the National E-Procurement System before the bid closing date and time.

c) Submission and evaluation of proposals and negotiation with the contractor:

The contractor shall prepare and submit its proposal through the National E-Procurement System in accordance with the request for proposals. The proposal shall be opened after the bid closing time.

Proposals shall be evaluated in accordance with the evaluation criteria specified in the request for proposals. During the evaluation process, the procuring entity shall invite the contractor to negotiate, clarify or amend and supplement the proposal to demonstrate compliance with requirements concerning capacity, experience, schedule, quantity, quality, technical solutions and measures for organizing implementation of the procurement package. Price negotiations shall be conducted to ensure that the proposed winning bid price is economical and cost-effective.

Where a goods procurement package or a mixed EP, PC or EPC package does not have sufficient data for price reference under Points a, c, dd, e and g, Clause 2, Article 18 of this Decree, or where deemed necessary, the procuring entity shall require the contractor to provide an explanation of the price structure of the goods as a basis for negotiating the winning bid price.

A contractor shall be recommended for direct contracting when all of the following conditions are satisfied: its proposal is valid; its capacity, experience and technical proposal meet the requirements of the request for proposals; and its proposed winning bid price does not exceed the approved package price.

d) Appraisal, approval and disclosure of contractor selection results:

The procuring entity is not required to appraise the contractor selection results. Where appraisal is required, it shall be carried out in accordance with Clause 4, Article 136 of this Decree. Approval and disclosure of contractor selection results shall comply with Article 33 of this Decree. The request for proposals, bid-opening minutes and evaluation report shall be disclosed on the National E-Procurement System simultaneously with the publication of the contractor selection results by the procuring entity.

dd) Finalization, execution and management of the contract:

The contract entered into between the parties must be consistent with the decision approving the direct contracting result, the proposal, the request for proposals and other relevant documents. Contract finalization, execution and contract performance management shall comply with Articles 34 and 35 of this Decree.

For procurement packages involving requirements for protection of state secrets under Clause 6, Article 78 of this Decree and procurement packages subject to international direct contracting, the matters specified at Points a, b, c and d of this Clause shall be conducted directly between the procuring entity and the contractor and shall not be conducted through the National E-Procurement System.”

Article 6. Amendment and supplementation of certain Points and Clauses of Article 80

1. Clause 1 is amended and supplemented as follows:

“1. For procurement packages falling under Clause 1, Article 78 of this Decree, based on the scale and nature of the package and preliminary information about contractors, the procuring entity or agency directly managing the package shall identify and assign the package to a contractor capable of immediately performing it.

Within 30 days from the date on which implementation of the package begins, the parties shall complete the direct contracting procedures specified in Clause 3 of this Article.

The draft contract does not have to be sent to the contractor through the National E-Procurement System, and the direct contracting process is not required to satisfy the conditions specified in Clause 2, Article 79 of this Decree.”

2. Clause 2 is amended and supplemented as follows:

“2. For procurement packages falling under Points a, b, c, d, dd, e and g, Clause 2; Clause 3; Clause 4; and Points a, b, c, i and k, Clause 5 of Article 78 of this Decree, the procuring entity shall apply the simplified direct contracting procedure specified in Clause 3 of this Article.

Direct contracting must satisfy all conditions specified in Clause 2, Article 79 of this Decree, except for procurement packages under special public investment projects specified at Point c, Clause 2, Article 78 of this Decree.”

3. Points a and b, Clause 3 are amended and supplemented as follows:

“a) Preparation and submission of the draft contract to the contractor:

Based on the objectives and scope of work, the procuring entity shall prepare and send the draft contract through the National E-Procurement System to the contractor that it considers capable of performing the procurement package.

For procurement packages specified at Point e, Clause 2, Article 78 of this Decree, the procuring entity shall send the draft contract through the National E-Procurement System to the contractor that previously won the package through open bidding or limited bidding and entered into a contract for performance of that package.

For procurement packages involving requirements for protection of state secrets under Clause 6, Article 78 and procurement packages subject to international direct contracting, the procuring entity shall send the draft contract directly to the contractor.

The draft contract shall contain requirements concerning the scope and content of work to be performed, implementation period, required quality, corresponding value and other necessary contents.

A contractor shall be recommended for direct contracting when it has the legal status specified at Points a, b, c, d, e, g and i, Clause 1, Article 5 of the Law on Bidding. For a contractor that is a household business, the contractor must have the legal status specified at Points d and e, Clause 1 and Points a and b, Clause 2, Article 5 of the Law on Bidding.

For goods procurement packages, an individual or group of individuals offering their own innovative products may be recommended for direct contracting if they satisfy the legal status requirements specified in Clause 3, Article 5 of the Law on Bidding. Where relevant legislation requires participating contractors and contract-performing contractors to be independent from other organizations or individuals, such requirements shall be complied with.

b) Contract finalization, approval and disclosure of contractor selection results:

On the basis of the draft contract, the procuring entity and the contractor recommended for direct contracting shall finalize the contract as the basis for approving the contractor selection result and executing the contract.

During contract finalization, the procuring entity and contractor shall negotiate the price to ensure that the proposed winning bid price is economical and cost-effective. For construction packages subject to direct contracting under Point e, Clause 2, Article 78 of this Decree, the parties shall negotiate the price to ensure savings of at least 5% of the package price.

Where a goods procurement package or a mixed EP, PC or EPC package does not have sufficient data for price reference under Points a, c, dd, e and g, Clause 2, Article 18 of this Decree, or where deemed necessary, the procuring entity shall require the contractor to explain the price structure of the goods as a basis for negotiating the winning bid price.

Contractor selection results shall be disclosed in accordance with Clause 5, Article 33 of this Decree.”

4. Clause 4 is amended and supplemented as follows:

“4. For a procurement package or procurement item valued at no more than VND 100 million, the head of the procuring agency or unit shall be responsible for deciding on the procurement in an economical and efficient manner and shall be accountable for such decision.

Such procurement is not required to satisfy the conditions specified in Clause 2, Article 79 of this Decree or follow the procedure specified in Clause 3 of this Article, but must ensure full compliance with applicable invoice and supporting-document requirements, or may be conducted under the simplified direct contracting procedure specified in Clause 3 of this Article.”

5. Clause 6 is added after Clause 5:

“6. Where a procurement package is simultaneously subject to the ordinary direct contracting procedure and the simplified direct contracting procedure, the procuring entity may choose to apply either the procedure specified in Clause 3, Article 79 of this Decree or the procedure specified in Clause 3 of this Article.”

Article 7. Repeal, amendment and supplementation of certain Points of Clause 4, Article 84

1. Point b is repealed.

2. Point c is amended and supplemented as follows:

“c) Selection of lawyers or law-practicing organizations to provide legal services for the protection of the rights and interests of the State of Vietnam and state agencies before investigation authorities applying trade-remedy measures or other measures affecting Vietnam’s commercial interests overseas, as well as before domestic, foreign or international adjudicatory bodies or dispute resolution bodies.”

3. Point d is amended and supplemented as follows:

“d) Procurement packages for airline tickets for domestic and international business missions; and airline tickets for international delegations visiting Vietnam to attend international conferences and seminars funded by the Vietnamese side.”

4. Point n is amended and supplemented as follows:

“n) Procurement packages for catering services, school meals, or the purchase of food, foodstuffs, input materials and fuel for providing catering services or school meals to semi-boarding and boarding students at public educational institutions; procurement packages for catering services for athletes and coaches at sports training institutions or meals serving domestic and international sporting events held in Vietnam; procurement of food, foodstuffs, input materials and fuel for providing meals to athletes and coaches at sports training institutions, persons undergoing drug rehabilitation at drug rehabilitation facilities, persons held in temporary detention or custody at detention facilities, prisoners at prisons, inmates at compulsory education establishments, students at reformatories, social protection beneficiaries receiving care and support at social assistance establishments, or persons with meritorious services to the country receiving care and nursing at establishments for care and nursing of such persons.

Procurement packages for input materials for the production or processing of clothing and personal belongings for prisoners at prisons, inmates at compulsory education establishments and students at reformatories.”

5. Points t1, t2, t3 and t4 are added after Point t, and Point u is amended and supplemented as follows:

“t1) Procurement packages for postal services for serving foreign documents in accordance with the law on mutual legal assistance in civil matters;

t2) Procurement packages for the provision of goods, products and services under a Voucher mechanism or similar support instruments under programs, schemes or plans approved by competent authorities;

t3) Procurement packages for periodic health check-up services and free health screening services for members of the public;

t4) Recruitment, placement and management of Vietnamese workers working for foreign organizations and individuals in Vietnam; provision of diplomatic real estate services involving houses and land on a reciprocal basis and through arrangements for use of houses and land without payment; organization of international conferences and seminars; hiring of services serving external relations activities and tasks involving special security or diplomatic requirements;

u) Procurement packages under other projects or procurement estimates having one or more specific conditions concerning procedures, processes, contractor selection criteria, contract execution conditions or contract performance conditions that do not fall under any of the cases specified at Points a, c, d, dd, e, g, h, i, k, l, m, n, o, p, q, r, s, t, t1, t2, t3 and t4 of this Clause.”

Article 8. Repeal, amendment and supplementation of certain Clauses of Article 85

1. The introductory paragraph of Clause 1 is amended and supplemented as follows:

“1. For procurement packages falling under Clause 1, Clause 2, Clause 3 and Points i, k, l, m, n, o, p, q, r, s, t3, t4 and u, Clause 4, Article 84 of this Decree, the procuring entity shall carry out the following:”

2. Clause 3 is repealed.

3. Clause 5 is amended and supplemented as follows:

“5. For the case specified at Point d, Clause 4, Article 84 of this Decree:

a) For international business missions, the procurement of international flight tickets for international delegations visiting Vietnam to attend international conferences and seminars funded by the Vietnamese side shall, based on the approved business plan and flight itinerary, be conducted by the agency or unit allocated the funding and assigned the task of purchasing air tickets. Such agency or unit shall obtain at least two quotations from two different airline ticket agencies, or quotations from one airline ticket agency representing at least two different airlines, including Vietnam’s national airline, for the same itinerary, for consideration, comparison and selection of the ticket supplier.

The selection shall be based on the following requirements: direct flight routes; compatibility with the business schedule; and the lowest total cost of air tickets, including taxes and surcharges, travel expenses and airport waiting expenses.

The head of the agency or unit allocated the funding and assigned the task of purchasing air tickets shall enter into a contract with the supplier in accordance with the principles of economy and efficiency and shall be responsible for the decision.

Where the flight route must be changed due to business requirements, the head of the agency or unit allocated the funding shall decide on the purchase of tickets on the basis of a proposal from the head of the delegation;

b) For domestic business missions, the purchase of domestic Vietnam flight tickets for international delegations visiting Vietnam to attend international conferences and seminars funded by the Vietnamese side:

The head of the agency or unit allocated the funding and assigned the task of purchasing air tickets shall enter into a contract with the supplier in accordance with the principles of economy and efficiency and shall be responsible for the decision;

c) The purchase of air tickets under Points a and b of this Clause is not required to involve the preparation or approval of a contractor selection plan.”

4. The introductory paragraph of Clause 8 is amended and supplemented as follows:

“8. For procurement packages falling under Points g, h and t1, Clause 4, Article 84 of this Decree, the procuring entity or the Asset Valuation Council, where a competent procedural authority allocates funding to the Asset Valuation Council, shall follow the following procedure:”

5. Clause 8a is added after Clause 8:

“8a. For procurement packages for international legal databases and international investment dispute resolution falling under Point m, Clause 4, Article 84 of this Decree, the head of the procuring agency or unit shall decide on the procurement in an economical and efficient manner and shall be accountable for such decision.

The procuring agency or unit is not required to prepare or approve a contractor selection plan or procurement package estimate, nor is it required to enter into a contract with the supplier, but must ensure full compliance with applicable invoice and supporting-document requirements.”

6. Clause 10 is added after Clause 9:

“10. For the case specified at Point t2, Clause 4, Article 84 of this Decree:

a) The supporting agency shall develop and publicly disclose evaluation criteria, terms of reference, quality control mechanisms and procedures for receiving applications and assessing the capacity of providers of goods, products and services; establish a list of providers under the Voucher mechanism; and include only providers with good capacity and experience on the list;

b) The supporting agency shall negotiate framework contracts for the provision of goods, products and services with providers on the basis of the evaluation criteria, terms of reference and quality control mechanisms specified at Point a of this Clause;

c) The supporting agency shall finalize and execute framework contracts with providers of goods, products and services.”

Article 9. Amendment and supplementation of certain Clauses of Article 98

1. The introductory paragraph of Clause 1 is amended and supplemented as follows:

“1. The preparation, appraisal and approval of prequalification documents, expressions-of-interest documents and bidding documents, as well as appraisal of prequalification results and contractor selection results, shall comply with Articles 25, 26, 27, 33, 37, 38, 39, 46, 62, 63, 64, 72, 81 and 101 of this Decree.”

2. Clause 2 is amended and supplemented as follows:

“2. Evaluation criteria for prequalification applications, expressions of interest and bids shall comply with Articles 25, 26, 37, 38, 62 and 63 of this Decree.

The time for preparation of prequalification applications, expressions of interest and bids shall comply with Articles 25, 28, 37, 40, 62, 65, 81 and 101 of this Decree.

Prequalification applications, expressions of interest and bids shall be considered valid where the contractor is not in a status of suspension or termination from participation in the System.

A bid or any document submitted by a contractor to the procuring entity after the bid closing time for the purpose of amending or supplementing a submitted bid shall be invalid and shall not be considered, except for documents clarifying the bid at the request of the procuring entity.”

Article 10. Amendment and supplementation of certain Points and Clauses of Article 106

1. Point a, Clause 2 is amended and supplemented as follows:

“a) Goods and services belonging to strategic technology groups in sectors and fields; key scientific research projects and tasks; nationally important projects, works and tasks; foundational industries and spearhead industries; energy infrastructure; digital infrastructure; green transportation; national defense and security; and human resource training associated with technology transfer.”

2. Point e is added after Point dd, Clause 2:

“e) Goods, services and works commissioned for implementation of economic development projects and tasks.”

3. Clause 3 is amended and supplemented as follows:

“3. The ordering organization specified in Clause 2, Article 107 of this Decree shall decide on the goods and services to be commissioned in accordance with Points a, b, c, d and e, Clause 2 of this Article.”

Article 11. Amendment and supplementation of Clause 6 and addition of Clause 7 after Clause 6, Article 109

“6. Information on the results of performance of commissioning contracts and information on the quality of goods used shall be publicly disclosed, except for information classified as state secrets:

a) The ordering organization shall publicly disclose information on contract performance results on the National E-Procurement System, including implementation progress; quality of goods and services; violations of the commissioning contract and reasons for such violations; and other information, where necessary.

The information may be published during or after the contract performance period, but no later than 30 days from the end of the contract performance period;

b) The ordering organization shall publicly disclose information on the quality of goods used under the contract on the National E-Procurement System in accordance with Clause 5, Article 20 of this Decree.

Such information shall be disclosed after the contract performance period but no later than 30 days from the end of the contract performance period.

7. Commissioning under Points a, b, c, d and e, Clause 2, Article 106 of this Decree is not required to involve the preparation or approval of a contractor selection plan.”

Article 12. Amendment and supplementation of Clause 2, Article 117

“2. Domestic costs are costs associated with performance of a procurement package incurred within the territory of Vietnam and must be paid in Vietnamese dong.

Foreign costs are costs associated with performance of a procurement package incurred outside the territory of Vietnam and shall be paid in foreign currency or Vietnamese dong in accordance with the contract.”

Article 13. Amendment and supplementation of certain Points and Clauses of Article 131

1. Point k is added after Point i, Clause 2:

“k) For important and key procurement packages falling under Points a, b and b1, Clause 3 of this Article, in addition to the matters specified at Points a, b, c, d, dd, e, g, h and i of this Clause, supervision shall cover the progress and results of application of contractor selection methods and assessment of the results of applying direct contracting, contractor selection in special cases and commissioning.”

2. Point b1 is added after Point b, Clause 3:

“b1) Goods and services under projects eligible for commissioning.”

3. Point dd, Clause 3 is amended and supplemented as follows:

“dd) Procurement packages that do not fall under Points a, b, b1, c and d of this Clause but for which the competent person decides that supervision should be conducted, where necessary.”

4. Point c, Clause 4 is amended and supplemented as follows:

“c) Supervision results report: The supervising agency or unit shall report the supervision results to the competent person and publicly disclose them on the National E-Procurement System.

Where any act or matter inconsistent with bidding regulations or other relevant laws is detected, the supervising agency or unit shall propose measures to the competent person for handling the matter, ensuring the progress and efficiency of the procurement package.”

Article 14. Amendment and supplementation of certain Points and Clauses of Article 132

1. Clause 2 is amended and supplemented as follows:

“2. Regular supervision authorities of ministries, sectors and localities:

The unit assigned by a ministry, ministerial-level agency or other central-level agency to perform the state management advisory function concerning bidding, and the Department of Finance, hereinafter referred to as the “regular supervision authority”, shall carry out the following activities:

a) Regularly supervise bidding activities of procuring entities subject to Article 2 of the Law on Bidding within the management area and sector of the relevant ministry, sector or locality;

b) Supervise contractor selection activities under Point d, Clause 7, Article 3 of the Law on Bidding conducted by state-owned enterprises that do not use state budget funds, public non-business units that are financially self-sufficient for recurrent expenditure and investment expenditure, and public non-business units that are financially self-sufficient for recurrent expenditure and do not use state budget funds, within the management area and sector of the relevant ministry, sector or locality.”

2. Clauses 4 and 5 are amended and supplemented as follows:

“4. Procedures for regular supervision of bidding activities in the case specified at Point a, Clause 2 of this Article:

a) The regular supervision authority shall receive, monitor and compile information serving supervision activities from the National E-Procurement System, reports of procuring entities, petitions and feedback from organizations and individuals, and other lawful sources of information;

b) Based on the information specified at Point a of this Clause, the regular supervision authority shall notify the procuring entity of unusual signs that may affect competition, fairness, transparency, efficiency or the implementation progress of the procurement package or project;

c) Where signs of violations of bidding regulations are detected, the regular supervision authority shall request the procuring entity to review and handle the matter within its authority and report the implementation results within the prescribed period; where necessary, it shall establish a Supervision Team to conduct case-specific supervision;

d) Based on supervision results, where deficiencies or errors are identified, the regular supervision authority shall request the procuring entity to remedy and rectify them. Where a violation of bidding regulations is identified, it shall recommend or request the competent agency or person to handle the violating organization or individual in accordance with the law;

dd) The regular supervision authority shall publicly disclose on the National E-Procurement System information on supervision results and implementation of supervision results, including requests for remediation and rectification; results of implementation by the procuring entity of such requests; recommendations or requests to competent agencies or persons to handle violating organizations or individuals; and other information as prescribed by law.

5. Procedures for regular supervision of bidding activities in the case specified at Point b, Clause 2 of this Article:

a) On a quarterly basis, the relevant units shall update information on contractor selection activities under Point d, Clause 7, Article 3 of the Law on Bidding, using the form available on the National E-Procurement System, and submit such information to the regular supervision authority;

b) The regular supervision authority shall receive the information specified at Point a of this Clause, as well as petitions and feedback from organizations and individuals, if any, for compilation and monitoring purposes and shall provide recommendations on necessary measures to enhance the effectiveness and efficiency of bidding activities;

c) The regular supervision authority shall establish a Supervision Team to supervise contractor selection activities where there are signs that publicity, transparency or efficiency is not ensured.”

Article 15. Amendment and supplementation of certain Points and Clauses of Article 138

1. Point a, Clause 1 is amended and supplemented as follows:

“a) Contractors, agencies and organizations shall submit petitions concerning the bidding documents to the procuring entity at least 03 working days before the bid closing time. Participating contractors shall submit petitions concerning other matters relating to the organization of contractor selection to the procuring entity before the contractor selection results are announced.

The contents of petitions shall be publicly disclosed on the National E-Procurement System. Information concerning the contractor, agency or organization submitting the petition and the time of submission shall be disclosed by the National E-Procurement System to the procuring entity.

Within 07 working days from receipt of a petition from a contractor, agency or organization, the procuring entity shall issue a written response to the petition and publish it on the National E-Procurement System.

Where a contractor, agency or organization disagrees with the response to the petition, or where the prescribed period expires without the procuring entity issuing a written response, the contractor, agency or organization may submit a petition to the competent person within 05 working days from the date on which the response period expires or from the date of receipt of the procuring entity’s written response.

The competent person shall issue a written response to the petition and send it to the contractor, agency or organization within 07 working days from receipt of the petition and send it to the procuring entity for publication on the National E-Procurement System.”

2. Clause 2 is amended and supplemented as follows:

“2. Petitions concerning contractor selection results shall be resolved through one of the following two procedures:

a) The contractor shall submit a petition to the procuring entity within 10 days from the date on which the contractor selection result is published on the National E-Procurement System.

The contents of the petition shall be publicly disclosed on the National E-Procurement System. Information concerning the contractor submitting the petition and the time of submission shall be disclosed by the National E-Procurement System to the procuring entity.

Within 07 working days from receipt of the contractor’s petition, the procuring entity shall issue a written response and publish it on the National E-Procurement System.

Where the contractor disagrees with the response, or where the prescribed period expires without the procuring entity issuing a written response, the contractor may submit a petition to the standing body within 05 working days from the date on which the response period expires or from the date of receipt of the procuring entity’s written response.

The Petition Resolution Council shall issue a written response to the contractor within 30 days from the date on which the Petition Resolution Council is established.

The standing body shall publish the Petition Resolution Council’s written response on the National E-Procurement System within 02 working days from the date on which the response is issued;

b) The contractor shall submit a petition to the standing body within 10 days from the date on which the contractor selection result is published on the National E-Procurement System.

The Petition Resolution Council shall issue a written response to the contractor within 30 days from the date on which the Petition Resolution Council is established.

The standing body shall publish the Petition Resolution Council’s written response on the National E-Procurement System within 02 working days from the date on which the response is issued.

Where a contractor submits a petition simultaneously to the standing body and the procuring entity, responsibility for resolving the petition shall rest with the Petition Resolution Council.”

3. Clause 6 is amended and supplemented as follows:

“6. With respect to resolution of petitions by the competent person, the procuring entity shall publish the written response to the petition on the National E-Procurement System within 05 working days from receipt of the competent person’s written response.”

4. Clause 8 is added after Clause 7:

“8. For petitions involving multiple complex issues, the Petition Resolution Council may decide to extend the resolution period by no more than 10 days from the date on which the petition resolution period expires under Points a and b, Clause 2 of this Article.”

Article 16. Amendment and supplementation of certain Clauses of Article 140

1. The introductory paragraph of Clause 4 is amended and supplemented as follows:

“4. Where no contractor participates in bidding at the bid closing time, the procuring entity may apply direct contracting under Point e1, Clause 2, Article 78 of this Decree or decide to handle the situation in one of the following ways:”

2. Point b, Clause 4 is amended and supplemented as follows:

“b) Extend the bid closing time by at least 05 working days for procurement packages involving invitations for expressions of interest or prequalification, construction and mixed packages with a package price of no more than VND 20 billion, goods and non-consulting service packages with a package price of no more than VND 10 billion, simple consulting packages, and urgent consulting packages requiring immediate implementation due to schedule requirements that are subject to domestic bidding;

For other procurement packages, the bid closing time shall be extended by at least 10 days.”

3. Clause 25 is amended and supplemented as follows:

“25. During contract performance by a contractor, where personnel of the contractor who had an employment contract with the contractor at the time of committing the violation are convicted by a court of a violation of bidding regulations causing serious consequences under criminal law, resulting in the contractor being awarded the procurement package, the procuring entity shall terminate the contract with the contractor and confiscate the value of the contractor’s performance security.

The contractor shall only be paid for work that has been completed and accepted in accordance with the contract.

The contractor shall be deemed to have failed to complete the contract and shall be listed on the National E-Procurement System. The notice must clearly state the reason for the violation resulting in contract termination.

For the unperformed portion of work, the procuring entity shall conduct direct contracting under Point dd, Clause 20 of this Article or separate such work into a new procurement package and organize contractor selection in accordance with the law.”

4. Clauses 33a and 33b are added after Clause 33:

“33a. Where a procurement package has only one participating contractor and the contractor’s bid basically satisfies the requirements of the bidding documents but fails to satisfy the technical requirements applicable to ordinary, commonly used goods and equipment readily available on the market, and the total value of such goods in the package price accounts for no more than 1% of the package price, the procuring entity may consider and decide to permit the contractor to supplement or replace such goods.

The price of the supplemented or replaced goods must not exceed the unit price originally offered.

33b. During evaluation of bids and proposals, where the evaluation period is prolonged and causes the validity period of the contractor’s bid or proposal to expire, the procuring entity may request the contractor to restore the validity of its bid or proposal and corresponding bid security.

Where the contractor does not agree to or refuses to restore the validity of the bid, proposal or bid security, the bid or proposal shall no longer be considered or evaluated and the contractor shall not be subject to sanctions for violation under bidding regulations.”

5. Clause 34 is amended and supplemented as follows:

“34. In situations arising outside the cases specified in Clauses 1 through 33b of this Article, the procuring entity shall consider and decide how to handle the situation on the basis of ensuring competition, fairness, transparency, economic efficiency and accountability.”

Article 17. Amendment and supplementation of Clause 2, Article 141

“2. Management of subcontractors:

a) Based on the scale and nature of the procurement package, the procuring entity shall specify in the bidding documents and request for proposals the maximum percentage of the value of subcontracted work relative to the bid price and contract price.

A contractor may propose the portions of work, value of work and names of subcontractors in its bid or proposal. Such proposal must not exceed the maximum value allocated to subcontractors specified in the bidding documents or request for proposals.

Where the name of the prospective subcontractor has not been determined at the time of bidding, the contractor may omit the subcontractor’s name but must clearly specify the portion and value of work to be subcontracted in its bid or proposal.

The subcontracted work may consist of one or more work items or part of the quantity of a work item of the procurement package;

b) Where a special subcontractor is used to perform important work of the procurement package as required by the bidding documents or request for proposals, the capacity and experience of the special subcontractor shall be evaluated in accordance with the requirements specified in the bidding documents or request for proposals.

Where a special subcontractor is used, the contractor is not required to satisfy capacity and experience requirements for the portion of work assigned to the special subcontractor;

c) During contract negotiations, where applicable, or contract finalization, the procuring entity and contractor shall agree on the percentage of subcontracted work.

The contractor may propose changes to the subcontractor’s name or increases or reductions in the portion or value of work to be subcontracted as proposed in its bid or proposal, provided that the maximum percentage of subcontracted value specified in the bidding documents or request for proposals is not exceeded as the basis for contract execution;

d) The contractor may enter into contracts with subcontractors included in the list of subcontractors stated in its bid, proposal or contract, or with subcontractors approved by the procuring entity to perform work proposed to be subcontracted in the bid, proposal or contract.

The use of subcontractors shall not change the contractor’s obligations. The contractor shall be responsible for the quantity, quality, schedule and other responsibilities relating to the work performed by the subcontractor;

dd) Replacement or addition of subcontractors, except special subcontractors, or changes to the portion or value of work performed by subcontractors stated in the bid or proposal may only be made with the approval of the procuring entity and supervision consultant and must not exceed the maximum value of work allocated to subcontractors under the contract.

The procuring entity shall not assess the capacity or experience of subcontractors, except special subcontractors. The contractor shall be responsible for selecting and using subcontractors with the capacity and experience necessary to meet requirements concerning the quantity, quality, schedule and other responsibilities for the work performed by subcontractors.

For a consortium contractor, each consortium member may use subcontractors only up to the percentage specified for subcontractors in the bidding documents or request for proposals, calculated against the value of the work assigned to that consortium member under the consortium agreement and executed contract;

e) The contractor shall be responsible for making full and timely payments to subcontractors in accordance with the agreement between the contractor and subcontractor;

g) The contractor may not use or enter into a contract with another contractor to perform work falling under its own responsibility after deducting the maximum value of work allocated to subcontractors and the volume of work allocated to special subcontractors as stated in the contract;

h) The contractor may enter into contracts to purchase raw materials, fuel, materials, supplies, spare parts, machinery and equipment, rent construction equipment, and hire personnel from suppliers or individuals for performance of the procurement package.

In such cases, the suppliers and individuals shall not be considered subcontractors, and the portion and value of such work shall not be included in the value of work subcontracted and shall not be considered a violation of Point g of this Clause.”

Article 18. Addition of Point dd after Point d, Clause 1, Article 146

“dd) Establishment of a price database for bidding activities.”

Article 19. Replacement and repeal of certain phrases

1. The following phrases in Clause 1, Article 85 are replaced:

a) The phrase:

“For the case specified at Point n, Clause 4, Article 84 of this Decree, in the case of public educational institutions, drug rehabilitation establishments and detention facilities within the armed forces located in areas with particularly difficult socio-economic conditions as prescribed by the law on investment and in border and island areas”

is replaced by:

“For the case specified at Point n, Clause 4, Article 84 of this Decree, in the case of public educational institutions, drug rehabilitation establishments, detention facilities within the armed forces, social assistance establishments, and establishments for the care and nursing of persons with meritorious services located in areas with particularly difficult socio-economic conditions as prescribed by the law on investment and in border and island areas.”

b) The phrase:

“For the case specified at Point r, Clause 4, Article 84 of this Decree, the procuring entity shall enter into a contract with the supplier in accordance with Point d of this Clause without having to carry out the procedures specified at Points a, b, c and dd of this Clause.”

is replaced by:

“For the cases specified at Points r and t3, Clause 4, Article 84 of this Decree, the procuring entity shall enter into a contract with the supplier in accordance with Point d of this Clause without having to carry out the procedures specified at Points a, b, c and dd of this Clause.”

2. The phrase “, Government-attached agencies” is repealed at Point k, Clause 4, Article 84; Clause 1, Article 89; Point a, Clause 1 and Clause 2, Article 122; Point a, Clause 2, Article 128; Point a, Clause 1 and Point c, Clause 2, Article 139; and Clause 4, Article 146.

CHAPTER II

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF GOVERNMENT DECREE No. 32/2019/ND-CP DATED APRIL 10, 2019

On the Assignment of Tasks, Ordering or Bidding for the Provision of Public Products and Services Funded by the State Budget from Recurrent Expenditure

(as amended and supplemented by Government Decree No. 111/2025/ND-CP dated May 22, 2025 and Government Decree No. 214/2025/ND-CP dated August 4, 2025)

Article 20. Amendment and supplementation of certain Clauses of Article 13

1. Clause 1 is amended and supplemented as follows:

“1. The revenue and expenditure estimate allocated by the competent authority. For an ordering estimate, the ordering plan may be prepared on the basis of the ordering estimate for the budget year and the projected ordering estimates for subsequent budget years.”

2. Clause 3 is amended and supplemented as follows:

“3. Unit prices and prices for ordered public non-business services funded by the state budget.”

Article 21. Amendment and supplementation of certain Points and Clauses of Article 13a

1. Point a, Clause 1 is amended and supplemented as follows:

“a) Determination of unit prices and ordering prices.”

2. Point c, Clause 2 is amended and supplemented as follows:

“c) Determination of unit prices and ordering prices.”

Article 22. Amendment and supplementation of Point d, Clause 3, Article 14

“d) Unit prices and ordering prices shall be promulgated by the competent authority on the basis of economic-technical norms, cost norms, if any, or other pricing methods in accordance with the law on prices and other relevant laws.

Where the head of an agency or unit determines that an ordering task is urgent and must be implemented immediately, during the period pending promulgation of the unit price or ordering price by the competent authority, the agencies and units may execute a contract with a value of up to 90% of the ordering value calculated based on the price applied in the most recent year, or 90% of the estimate allocated by the competent authority. This provision shall only apply to first-time implementation.

After the competent authority promulgates the unit price or ordering price, the agencies and units shall adjust the contract, conduct acceptance and liquidation of the ordering contract, and remit to the state budget any excess difference, if any, between the executed contract and the adjusted contract.”

Article 23. Amendment and supplementation of certain Clauses of Article 18

1. Clause 1 is amended and supplemented as follows:

“1. The estimate allocated by the competent authority for ordering the production and provision of public utility products and services.

For an ordering estimate, the ordering plan may be prepared on the basis of the ordering estimate for the budget year and the projected ordering estimates for subsequent budget years.”

2. Clause 3 is amended and supplemented as follows:

“3. Ordering prices and unit prices; subsidy levels. Where public utility products or services are subject to charges, the applicable charge shall be the level prescribed by the State.”

Article 24. Amendment and supplementation of Clause 3, Article 18a

“3. Determination of ordering unit prices and ordering prices.”

Article 25. Amendment and supplementation of Point c, Clause 1, Article 19

“c) Prices, unit prices and subsidy levels. In particular, ordering prices and unit prices shall be promulgated by the competent authority on the basis of economic-technical norms, cost norms, if any, or other pricing methods in accordance with the law on prices and other relevant laws.

Where the head of an agency or unit determines that an ordering task is urgent and must be implemented immediately, during the period pending promulgation of the unit price or ordering price by the competent authority, the agencies and units may execute a contract with a value of up to 90% of the ordering value calculated based on the price applied in the most recent year, or 90% of the estimate allocated by the competent authority. This provision shall only apply to first-time implementation.

After the competent authority promulgates the unit price or ordering price, the agencies and units shall adjust the contract, conduct acceptance and liquidation of the ordering contract, determine the subsidy level in accordance with regulations, and remit to the state budget any excess difference, if any, between the executed contract and the adjusted contract.”

Article 26. Amendment and supplementation of Point b, Clause 2, Article 26

“b) Based on economic-technical norms and cost norms, if any, for sectors promulgated by ministries and central agencies for application in localities.

Where ministries or central agencies have not promulgated economic-technical norms or cost norms, if any, for particular lists of public products and services, or have not promulgated such norms, or the promulgated norms are inconsistent with actual local conditions, the provincial-level People’s Committee shall promulgate applicable norms for public products and services under its management authority, in accordance with the balancing capacity of the local budget.

The provincial-level People’s Committee shall promulgate, amend and supplement criteria and quality standards for public products and services; mechanisms for supervision, assessment and quality inspection; and regulations on inspection and acceptance of public products and services under its management authority.”

CHAPTER III

IMPLEMENTATION PROVISIONS

Article 27. Transitional provisions

1. With respect to Decree No. 32/2019/ND-CP

a) For public products and services for which an ordering decision has been issued or an ordering contract has been signed before the effective date of this Decree, implementation shall continue in accordance with Decree No. 32/2019/ND-CP, as amended and supplemented by Decree No. 111/2025/ND-CP and Decree No. 214/2025/ND-CP, until payment and final settlement of funding for the ordered provision of public products and services have been completed.

b) For the ordering of public products and services funded by the state budget from recurrent expenditure for which a 2026 state budget estimate has been allocated, including previous-year estimates carried forward to 2026 and estimates supplemented in 2026, but for which no ordering decision has yet been issued and no ordering contract has yet been signed, the ordering agency may decide whether to continue applying Decree No. 32/2019/ND-CP, as amended and supplemented by Decree No. 111/2025/ND-CP and Decree No. 214/2025/ND-CP, or apply this Decree.

c) For economic-technical norms and cost norms for public products and services funded by the state budget; criteria and quality standards for public products and services; mechanisms for supervision, assessment and quality inspection; and regulations on inspection and acceptance of public products and services that were promulgated by competent authorities before the effective date of this Decree, the existing regulations shall continue to apply.

2. With respect to Decree No. 214/2025/ND-CP

a) For procurement packages for which invitations for expressions of interest, invitations for prequalification, bidding documents or requests for proposals have been issued, or a draft contract has been sent in the case of procurement packages applying the simplified direct contracting method, before the effective date of this Decree, the shortlisting, contractor selection, contract execution, contract performance management and petition resolution shall continue to be conducted in accordance with the Law on Bidding No. 22/2023/QH15, as amended and supplemented by Law No. 57/2024/QH15 and Law No. 90/2025/QH15; Decree No. 214/2025/ND-CP, as amended and supplemented by Government Decree No. 165/2026/ND-CP dated May 15, 2026 and Government Decree No. 170/2026/ND-CP dated May 15, 2026; relevant detailed regulations and implementing guidance; and the provisions of Article 16 of this Decree.

b) For procurement packages for which a contractor selection plan has been approved but, as of the effective date of this Decree, invitations for expressions of interest, invitations for prequalification, bidding documents, requests for proposals or draft contracts for procurement packages applying the simplified direct contracting method have not yet been issued, and the approved plan contains provisions inconsistent with this Decree, the procuring entity may adjust the approved contractor selection plan for implementation in accordance with this Decree.

c) For procurement packages for domestically manufactured vaccines specified at Point b, Clause 4, Article 84 of Decree No. 214/2025/ND-CP, as amended and supplemented by Decree No. 165/2026/ND-CP dated May 15, 2026 and Decree No. 170/2026/ND-CP dated May 15, 2026, where the procuring entity entered into a contract with a domestic vaccine manufacturer under Clause 3, Article 85 of Decree No. 214/2025/ND-CP, as amended and supplemented by Decree No. 165/2026/ND-CP and Decree No. 170/2026/ND-CP, before the effective date of this Decree, the procuring entity and domestic vaccine manufacturer may amend the executed contract and make payments and determine prices in accordance with the mechanism specified in Article 22 of this Decree.

Article 28. Effectiveness

1. This Decree shall take effect from the date of its issuance.

2. Clause 2, Article 3 of Government Decree No. 111/2025/ND-CP dated May 22, 2025, amending and supplementing certain provisions of Government Decree No. 60/2021/ND-CP dated June 21, 2021, on the financial autonomy mechanism applicable to public non-business units, is hereby repealed.

RECIPIENTS

• The Party Central Committee Secretariat;
• The Prime Minister and Deputy Prime Ministers;
• Ministries and ministerial-level agencies;
• Provincial-level People’s Councils and People’s Committees;
• The Office of the Party Central Committee and Party Central Committee Commissions;
• The Office of the General Secretary;
• The Office of the President;
• The Ethnic Council and Committees of the National Assembly;
• The Office of the National Assembly;
• The Supreme People’s Court;
• The Supreme People’s Procuracy;
• The State Audit Office of Vietnam;
• The Central Committee of the Vietnam Fatherland Front;
• Central-level agencies of socio-political organizations;
• The Government Office: Minister-Director, Deputy Minister-Directors, Assistants to the Prime Minister, departments, authorities and the Official Gazette;
• Filed: Archives, CN (2).