New decree aims to modernise contractor selection procedures

Decree No.349/2026/ND-CP was issued on September 9, amending and supplementing provisions of the decrees detailing the Law on Bidding concerning contractor selection.

With a number of new provisions, the decree is expected to provide a boost to bidding management policy by focusing on resolving practical obstacles, simplifying and standardising procedures, enhancing transparency in bidding activities through accelerated digital transformation, and strengthening oversight based on the exploitation of publicly available data on the National E-Procurement System, thereby improving the efficiency of the use of state funds.

Decree 349 comprises four articles covering contractor selection; the ordering or bidding for the provision of public products and services using state budget funds from regular expenditure sources; as well as transitional provisions and provisions on implementation.

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A notable new feature of the decree is the promotion of digitalisation throughout the organisation of contractor selection for packages subject to direct contracting.

Accordingly, for direct contracting under the normal procedure, the procuring entity carries out on the system such activities as publishing the contractor selection plan, sending the request for proposals, providing clarification of the request for proposals, opening proposals, and publicly announcing the contractor selection results.

Contractors may also receive requests for proposals, prepare joint venture agreements, prepare and submit proposals, and carry out other directly related activities on the system.

For direct contracting under the shortened procedure, the procuring entity sends the draft contract to the contractor through the system.

The contractor receives and reviews the draft and carries out the steps for finalising and signing the contract electronically. The procedure for publicly announcing contractor selection results has also been reviewed and adjusted to suit the specific nature of shortened direct contracting.

The digitalisation of these stages will help standardise information exchanges between procuring entities and contractors, reduce activities and paperwork conducted outside the System, shorten processing times, cut costs, and enhance transparency throughout the contractor selection process.

Another key provision of the decree is the strengthening of oversight of bidding activities based on systematised and standardised data.

Bidding-related data sources will be regularly updated for competent authorities, agencies responsible for regular oversight, bidding management units, procuring entities and relevant agencies in monitoring and supervising bidding activities within their respective areas of responsibility.

Strengthening oversight through the system will contribute to the digitalisation of management while also facilitating the centralised exploitation of bidding data, helping detect and flag unusual signs, improve the effectiveness of oversight and accountability, and enhance openness and transparency.

In addition, the decree introduces changes to the quotation collection process, which will be carried out in an e- environment.

E- forms will be designed to suit different groups of goods and services and authenticated using digital signatures. This approach is intended to standardise quotation information, reduce manual operations, simplify procedures and shorten processing times.

At the same time, conducting the process electronically is expected to help curb manipulation and price distortion, while gradually establishing a price database to support management, analysis and the use of information in bidding activities.

In particular, the decree introduces a number of new provisions on petitions and information disclosure.

Accordingly, for petitions related to bidding documents, the function for submitting petitions to the procuring entity through the system is expected to be adjusted to ensure compliance with regulations on petition submission deadlines, with particular attention to the requirement that petitions be submitted before the bid closing time.

For ordering activities, the new decree requires information on the quality of goods to be publicly disclosed. Such disclosure will contribute to greater transparency, provide an additional source of reference data, and support agencies and organisations in selecting and procuring goods in subsequent procurement rounds.

For contractors and businesses, the new regulations are expected to open up opportunities for fair and timely participation in the public procurement market as bidding activities become increasingly digitalised and transparent.

Speaking to VIR, La Anh Tuan, director of the National E-Procurement Centre, said the system has been updated and upgraded with new functions and technical features and is ready for the implementation of the decree's new provisions.

"Functions related to direct contracting, oversight of bidding activities, quotation collection, handling of petitions, and information disclosure have been completed and updated on the system to ensure seamless operation once the new provisions take effect," Tuan said.

The system's interface has also been upgraded to be more user-friendly and easier to operate, with detailed guidance provided for each new version. It has been designed to allow customisation in line with users' contractor selection procedures.

"Procuring entities, contractors, and other stakeholders need to regularly monitor information on the system, study the new regulations, and promptly update themselves on operational guidance," he noted. "Early preparation will help ensure a smooth transition and contribute to maintaining the progress and quality of bidding packages and projects, thereby improving state management efficiency."

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