Eligibility of Bidders and Investors
1. A bidder or investor that is an organization shall be deemed eligible if it satisfies all of the following conditions:
a) For domestic bidders or investors: being an enterprise, cooperative, union of cooperatives, cooperative group, public non-business unit, foreign-invested economic organization, or other organization established and operating in accordance with Vietnamese law. For foreign bidders or investors: being registered for establishment and operation in accordance with foreign law.
b) Having independent financial accounting.
c) Not undergoing dissolution procedures or having its enterprise registration certificate, cooperative registration certificate, union of cooperatives registration certificate, or cooperative group registration certificate revoked; not being in a state of insolvency under the bankruptcy law.
d) Having its name listed on the National E-Procurement System prior to the approval of contractor/investor selection results.
đ) Ensuring competitiveness in bidding in accordance with Article 6 of the Law on Bidding 2023.
e) Not being under a ban from participation in bidding as decided by a competent person, Minister, head of a ministry-level agency, government-attached agency, other central authority, or Chairperson of the People’s Committee of a province under Clause 3, Article 87 of the Law on Bidding.
g) Not being under criminal investigation.
h) Having its name included in the shortlist, in cases where a shortlist has been prepared.
i) In international bidding, a foreign bidder must form a joint venture with a domestic bidder or use domestic subcontractors, except otherwise provided by the Government.
2. A bidder that is a household business shall be deemed eligible if it satisfies all of the following conditions:
a) Holding a household business registration certificate in accordance with the law.
b) Not undergoing termination of operation or having its household business registration certificate revoked; the household business owner is not under criminal investigation.
c) Satisfying the conditions prescribed at Points d, đ, e, and h, Clause 1, Article 5 of the Law on Bidding.
3. A bidder or investor that is an individual shall be deemed eligible if he/she satisfies all of the following conditions:
a) Having full civil act capacity in accordance with the law of the country of which the individual is a citizen.
b) Holding appropriate professional certificates, where required by law.
c) Meeting the conditions specified at Points e and g, Clause 1, Article 5 of the Law on Bidding.
4. Bidders and investors deemed eligible under Clauses 1, 2, and 3, Article 5 of the Law on Bidding may participate in bidding independently or as part of a joint venture.
📌 Legal basis:
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Article 5, Law on Bidding 2023
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Clause 2, Article 4 of the Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment in the form of Public-Private Partnership, and the Law on Bidding
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Clause 4, Article 1 of the Law amending and supplementing a number of articles of the Law on Bidding, the Law on Investment in the form of Public-Private Partnership, the Law on Customs, the Law on Value-Added Tax, the Law on Import and Export Tax, the Law on Investment, the Law on Public Investment, and the Law on Management and Use of Public Assets
