LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS:
LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS:
LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK I...Dr. Oliver Massmann
LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS:
Lawyer in Vietnam Dr. Oliver Massmann THE WORLD BANK IS ASKING DUANE MORRIS O...Dr. Oliver Massmann
The document provides information about public procurement laws and processes in Vietnam. It answers questions from The World Bank about applicable laws and regulations, procurement methods, electronic procurement portals, the procurement process phases from budgeting to contract signing, and other details. Key points include:
- The Ministry of Transport conducts procurement for most roads in Vietnam.
- Applicable laws include the Bidding Law, Construction Law, and decrees regulating bidding and construction contracts.
- Open tendering is commonly used but not always required; exceptions allow other methods.
- A national e-procurement portal allows access to notices, documents, clarifications, and more.
- The process includes budget estimation, public advertisement, bid evaluation and award
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
This document provides guidance for using Standard Tender Documents to procure works through open tendering for projects financed by the European Bank for Reconstruction and Development (EBRD). It outlines the tendering process and contents of the Standard Tender Documents, including instructions to tenderers, evaluation criteria, tender forms, and conditions of contract. The guidance emphasizes transparency and best practices in procurement.
The document provides an overview of procurement procedures in Nandi County, Kenya. It discusses the legal framework established by the Public Procurement and Disposal Act of 2005. It also outlines the key steps in the procurement cycle, including preparation of procurement plans and specifications, prequalification of bidders, advertisement of tenders, bid opening and evaluation, contract award, and contract administration. Maintaining transparency and fairness throughout the procurement process is emphasized.
LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK I...Dr. Oliver Massmann
LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS:
Lawyer in Vietnam Dr. Oliver Massmann THE WORLD BANK IS ASKING DUANE MORRIS O...Dr. Oliver Massmann
The document provides information about public procurement laws and processes in Vietnam. It answers questions from The World Bank about applicable laws and regulations, procurement methods, electronic procurement portals, the procurement process phases from budgeting to contract signing, and other details. Key points include:
- The Ministry of Transport conducts procurement for most roads in Vietnam.
- Applicable laws include the Bidding Law, Construction Law, and decrees regulating bidding and construction contracts.
- Open tendering is commonly used but not always required; exceptions allow other methods.
- A national e-procurement portal allows access to notices, documents, clarifications, and more.
- The process includes budget estimation, public advertisement, bid evaluation and award
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
This document provides guidance for using Standard Tender Documents to procure works through open tendering for projects financed by the European Bank for Reconstruction and Development (EBRD). It outlines the tendering process and contents of the Standard Tender Documents, including instructions to tenderers, evaluation criteria, tender forms, and conditions of contract. The guidance emphasizes transparency and best practices in procurement.
The document provides an overview of procurement procedures in Nandi County, Kenya. It discusses the legal framework established by the Public Procurement and Disposal Act of 2005. It also outlines the key steps in the procurement cycle, including preparation of procurement plans and specifications, prequalification of bidders, advertisement of tenders, bid opening and evaluation, contract award, and contract administration. Maintaining transparency and fairness throughout the procurement process is emphasized.
Understanding Pre Qualification QuestionnairesLloyd Sewell
Tendering for contracts training offers a comprehensive training programme provided by small enterprise support specialists and public sector support specialists for small firms who wish to develop new revenue streams by tendering for public sector contracts.
The document discusses the new 2015 Public Contracts Regulations in the UK, which aim to reduce barriers for SMEs and voluntary organizations bidding for public sector contracts. It explains the key changes such as prohibiting pre-qualification for contracts under the EU threshold and limiting suitability questions for larger contracts. It also summarizes Exor's services for validating suppliers to help contracting authorities comply with the regulations.
This document summarizes public procurement laws and processes in Vietnam. It discusses the key laws and regulations governing public procurement, including the bidding process. It outlines the steps involved in bidding for a public tender, including how to access tender documents and opportunities, requirements for bid submission, and processes after contract award. It also provides an overview of Vietnam's regulatory framework and procedures for filing complaints related to the public procurement process. Reforms to improve transparency and compliance with international standards are recommended.
This document summarizes the findings of a study on opportunities and hurdles for enabling sustainable public procurement (SPP) in Vietnam. It describes how public procurement is currently organized and identifies opportunities for SPP through Vietnam's existing legal framework, including laws on the environment, prevention of corruption, and centralized purchasing methods. However, it also notes hurdles like a lack of connection between laws, specific EIA guidelines, and environmental product labels. Overall capacity and inter-ministerial cooperation need strengthening to fully implement SPP in Vietnam.
Presentation by Maria Stylianidou, Hellenic Open University, Greece (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018.
Comp Selec Concession Bsb Pp Pwkshp C Queiroz Jun2010 V5cesarqueiroz
The document discusses suggested steps for competitively selecting concessionaires for public-private partnership (PPP) infrastructure projects through an international competitive bidding process. It recommends carrying out prequalification of bidders followed by a two-stage bidding procedure involving an initial technical proposal and subsequent financial proposal from prequalified bidders. The selection criteria and evaluation methodology should be clearly defined in the bidding documents to ensure transparency and optimal selection of the successful bidder.
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
This presentation by Albania was made during the break-out Session 3, “Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses” in the discussion “Economic analysis and evidence in abuse cases” held at the 20th meeting of the OECD Global Forum on Competition on 7 December 2021. More papers and presentations on the topic can be found out at oe.cd/eac.
The document summarizes key aspects of the legal framework for public procurement in the CARICOM region, including two main legal instruments, objectives of transparency and fairness, and procedures to promote participation of CARICOM suppliers. It outlines the scope of the regime, protected national spaces, and requirements for procuring entities and suppliers to plan for the regional public procurement market. Suppliers are given rights to challenge and appeal procurement decisions through an independent review body to ensure fairness.
Public procurement regularity authority (ppra)TaseerBaloch1
The document discusses the Public Procurement Regularity Authority (PPRA) of Pakistan. It provides background on the need for procurement reforms that led to the establishment of PPRA in 2002. It outlines PPRA's functions of improving governance and transparency in public procurement. It also describes PPRA's legal framework and the public procurement rules and regulations it has established. The document then provides details on the public procurement process and cycle in Pakistan according to PPRA's rules and guidelines.
Public procurement regularity authority (ppra)TaseerBaloch1
The document discusses the Public Procurement Regularity Authority (PPRA) of Pakistan. It provides background on the need for procurement reforms that led to the establishment of PPRA in 2002. It outlines PPRA's functions of improving governance and transparency in public procurement. It also describes PPRA's legal framework and the public procurement rules and regulations it has established. The document then provides details on the public procurement process and cycle in Pakistan according to PPRA's rules and guidelines.
Development of India's Carbon Credit Market.pptxmsounak95
Provides an overview of the development of Carbon Markets since Kyoto Protocol with a special focus on the compliance markets. It also explores the various global ETS instruments currently operational and its impact on the economy and corporates. It also examines the regulatory development of India's Carbon Credit Trading Scheme and provides critical analysis of various provisions.
This document provides an overview of the procurement manual for the Indian Hydrology Project - Phase II (IHP-II). The key points are:
1. IHP-II aims to strengthen hydrological information systems and improve water resources management across 13 Indian states and 8 central agencies. It has three main components: institutional strengthening, vertical extension, and horizontal expansion.
2. The procurement manual provides guidelines for IHP-II agencies to procure goods, works and consulting services in accordance with World Bank policies. It outlines procurement methods such as international competitive bidding, national competitive bidding, shopping, and selection of consultants.
3. The manual explains the procurement cycle and importance of procurement planning. It specifies contract value
The European Commission's priorities for public procurement focus on six key areas: wider use of strategic procurement, professionalizing public buyers, increasing access to procurement markets, improving transparency and integrity, boosting digital transformation, and cooperating to procure together. The goals are to guarantee competition, enable efficient use of public funds, and support societal goals. Recent developments include new green public procurement criteria, innovation procurement guidance, a competency framework for public buyers, and directives on e-procurement and whistleblowers. Guidance was also issued on third country access and quality standards in procurement. Progress has been made in some regions, but challenges remain around best price-quality ratio, professionalization, and enforcement.
Presentation at the MedTech Summit 2018 in Brussels concerning the new EU regulatory regime for economic operators in the supply chain of medical devices and IVDs
The document summarizes Montenegro's public procurement legislative framework and plans for further development. It provides an overview of the key laws and regulations governing public procurement procedures in Montenegro. It also outlines the principles, timelines, exemptions, reporting requirements, and assessment of alignment with the EU public procurement directives. There are plans to further harmonize procurement laws with EU standards and introduce more flexible procedures and electronic procurement tools to enhance the public procurement system.
Presentation of the “SIGMA workshop on tendering of PPP projects and contract signature”, held in Ankara on 11-12 April 2018. Presentation made by Mr. Mario Turkovic, SIGMA.
OVERVIEW OF PUBLIC PROCUREMENT UNDER THE PUBLIC PROCUREMENT[23058430092159162...UbongAkpekong1
The document provides an overview of public procurement in Nigeria under the Public Procurement Act of 2007. It discusses the drivers that led to procurement reform in Nigeria, including corruption issues identified in a World Bank report. It outlines the fundamental principles, scope, and structure of the PPA, including establishing approving and awarding authorities like the Tenders Board. Key aspects of the procurement process such as planning, bidding, and contract execution are also summarized.
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...Dr. Oliver Massmann
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What you must know:
More Related Content
Similar to LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS:
Understanding Pre Qualification QuestionnairesLloyd Sewell
Tendering for contracts training offers a comprehensive training programme provided by small enterprise support specialists and public sector support specialists for small firms who wish to develop new revenue streams by tendering for public sector contracts.
The document discusses the new 2015 Public Contracts Regulations in the UK, which aim to reduce barriers for SMEs and voluntary organizations bidding for public sector contracts. It explains the key changes such as prohibiting pre-qualification for contracts under the EU threshold and limiting suitability questions for larger contracts. It also summarizes Exor's services for validating suppliers to help contracting authorities comply with the regulations.
This document summarizes public procurement laws and processes in Vietnam. It discusses the key laws and regulations governing public procurement, including the bidding process. It outlines the steps involved in bidding for a public tender, including how to access tender documents and opportunities, requirements for bid submission, and processes after contract award. It also provides an overview of Vietnam's regulatory framework and procedures for filing complaints related to the public procurement process. Reforms to improve transparency and compliance with international standards are recommended.
This document summarizes the findings of a study on opportunities and hurdles for enabling sustainable public procurement (SPP) in Vietnam. It describes how public procurement is currently organized and identifies opportunities for SPP through Vietnam's existing legal framework, including laws on the environment, prevention of corruption, and centralized purchasing methods. However, it also notes hurdles like a lack of connection between laws, specific EIA guidelines, and environmental product labels. Overall capacity and inter-ministerial cooperation need strengthening to fully implement SPP in Vietnam.
Presentation by Maria Stylianidou, Hellenic Open University, Greece (ENG) Second SIGMA Regional ENP East Conference on Public Procurement, Kyiv 29-30 May 2018.
Comp Selec Concession Bsb Pp Pwkshp C Queiroz Jun2010 V5cesarqueiroz
The document discusses suggested steps for competitively selecting concessionaires for public-private partnership (PPP) infrastructure projects through an international competitive bidding process. It recommends carrying out prequalification of bidders followed by a two-stage bidding procedure involving an initial technical proposal and subsequent financial proposal from prequalified bidders. The selection criteria and evaluation methodology should be clearly defined in the bidding documents to ensure transparency and optimal selection of the successful bidder.
This presentation by the Competition Commission of Malaysia was made during Break-out Session 1: Advocacy in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.
VIETNAM – THE WORLD BANK GROUP IS ASKING DUANE MORRIS ABOUT PUBLIC PROCUREMENTDr. Oliver Massmann
The document provides information about a case study involving a public road resurfacing project in Vietnam. It describes the project, assumptions about the bidding company BidCo, and phases of the procurement process. The World Bank Group is asking Duane Morris for information about Vietnam's public procurement laws and practices as they relate to this case study.
This presentation by Albania was made during the break-out Session 3, “Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses” in the discussion “Economic analysis and evidence in abuse cases” held at the 20th meeting of the OECD Global Forum on Competition on 7 December 2021. More papers and presentations on the topic can be found out at oe.cd/eac.
The document summarizes key aspects of the legal framework for public procurement in the CARICOM region, including two main legal instruments, objectives of transparency and fairness, and procedures to promote participation of CARICOM suppliers. It outlines the scope of the regime, protected national spaces, and requirements for procuring entities and suppliers to plan for the regional public procurement market. Suppliers are given rights to challenge and appeal procurement decisions through an independent review body to ensure fairness.
Public procurement regularity authority (ppra)TaseerBaloch1
The document discusses the Public Procurement Regularity Authority (PPRA) of Pakistan. It provides background on the need for procurement reforms that led to the establishment of PPRA in 2002. It outlines PPRA's functions of improving governance and transparency in public procurement. It also describes PPRA's legal framework and the public procurement rules and regulations it has established. The document then provides details on the public procurement process and cycle in Pakistan according to PPRA's rules and guidelines.
Public procurement regularity authority (ppra)TaseerBaloch1
The document discusses the Public Procurement Regularity Authority (PPRA) of Pakistan. It provides background on the need for procurement reforms that led to the establishment of PPRA in 2002. It outlines PPRA's functions of improving governance and transparency in public procurement. It also describes PPRA's legal framework and the public procurement rules and regulations it has established. The document then provides details on the public procurement process and cycle in Pakistan according to PPRA's rules and guidelines.
Development of India's Carbon Credit Market.pptxmsounak95
Provides an overview of the development of Carbon Markets since Kyoto Protocol with a special focus on the compliance markets. It also explores the various global ETS instruments currently operational and its impact on the economy and corporates. It also examines the regulatory development of India's Carbon Credit Trading Scheme and provides critical analysis of various provisions.
This document provides an overview of the procurement manual for the Indian Hydrology Project - Phase II (IHP-II). The key points are:
1. IHP-II aims to strengthen hydrological information systems and improve water resources management across 13 Indian states and 8 central agencies. It has three main components: institutional strengthening, vertical extension, and horizontal expansion.
2. The procurement manual provides guidelines for IHP-II agencies to procure goods, works and consulting services in accordance with World Bank policies. It outlines procurement methods such as international competitive bidding, national competitive bidding, shopping, and selection of consultants.
3. The manual explains the procurement cycle and importance of procurement planning. It specifies contract value
The European Commission's priorities for public procurement focus on six key areas: wider use of strategic procurement, professionalizing public buyers, increasing access to procurement markets, improving transparency and integrity, boosting digital transformation, and cooperating to procure together. The goals are to guarantee competition, enable efficient use of public funds, and support societal goals. Recent developments include new green public procurement criteria, innovation procurement guidance, a competency framework for public buyers, and directives on e-procurement and whistleblowers. Guidance was also issued on third country access and quality standards in procurement. Progress has been made in some regions, but challenges remain around best price-quality ratio, professionalization, and enforcement.
Presentation at the MedTech Summit 2018 in Brussels concerning the new EU regulatory regime for economic operators in the supply chain of medical devices and IVDs
The document summarizes Montenegro's public procurement legislative framework and plans for further development. It provides an overview of the key laws and regulations governing public procurement procedures in Montenegro. It also outlines the principles, timelines, exemptions, reporting requirements, and assessment of alignment with the EU public procurement directives. There are plans to further harmonize procurement laws with EU standards and introduce more flexible procedures and electronic procurement tools to enhance the public procurement system.
Presentation of the “SIGMA workshop on tendering of PPP projects and contract signature”, held in Ankara on 11-12 April 2018. Presentation made by Mr. Mario Turkovic, SIGMA.
OVERVIEW OF PUBLIC PROCUREMENT UNDER THE PUBLIC PROCUREMENT[23058430092159162...UbongAkpekong1
The document provides an overview of public procurement in Nigeria under the Public Procurement Act of 2007. It discusses the drivers that led to procurement reform in Nigeria, including corruption issues identified in a World Bank report. It outlines the fundamental principles, scope, and structure of the PPA, including establishing approving and awarding authorities like the Tenders Board. Key aspects of the procurement process such as planning, bidding, and contract execution are also summarized.
Similar to LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS: (20)
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due ...Dr. Oliver Massmann
VIETNAM — Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Dr. Oliver Massmann
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to encourage the development of rooftop solar power systems for self-consumption purpose
OMassmann - Investment into the grid and transmission system in Vietnam (2024...Dr. Oliver Massmann
The document summarizes Vietnam's Power Development Plan 8 (PDP8), which aims to ensure national energy security by 2050 through increasing renewable energy and developing the transmission grid system. Key points include: (1) PDP8 sets renewable energy targets of 47% by 2030 and 67.5-71.5% by 2050; (2) $134.7 billion will be invested in power generation and transmission from 2021-2030; (3) the plan encourages private investment and development of the transmission grid system.
Vietnam's Plan for Implementation of PDP8 – Key HighlightsDr. Oliver Massmann
The Prime Minister of Vietnam approved the Plan for Implementation of the National Power Development Plan to 2030 (PDP8) on April 1, 2024. The Implementation Plan sets specific tasks and timelines for government ministries to execute PDP8 through 2025. It maintains planned capacity targets for power generation projects such as gas, coal, and hydropower. However, it does not provide guidelines to address issues like project bankability and feed-in tariffs. The Implementation Plan also lists onshore wind and solar power projects and targets, while prioritizing the development of relevant legal frameworks through 2025 to fully implement PDP8 by 2030.
VIETNAM - THE NEW LAW ON CREDIT INSTITUTIONS - WHAT YOU MUST KNOW:Dr. Oliver Massmann
The National Assembly of Vietnam passed a new Law on Credit Institutions that takes effect on July 1, 2024. The objectives of the new law are to strengthen the resilience of the banking system, increase the independence and accountability of credit institutions, and improve oversight of the banking industry. Key changes include new rules around cross-ownership in commercial banks, managing bad debts, and providing a legal framework for digital banking. These regulations are intended to further develop Vietnam's market infrastructure and move the country closer to emerging market status. However, Vietnam remains a frontier market, and guidance on the new law could focus more on ensuring availability of information and streamlined processes to set up investment accounts to help Vietnam achieve emerging market status sooner. The new law
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Vietnam's National Energy Development Strategy – Key HighlightsDr. Oliver Massmann
The Prime Minister of Vietnam approved the National Energy Development Strategy to 2030 and vision to 2045 to ensure national energy security and sustainable development. The strategy aims to meet domestic energy demand through 2030 by supplying 150-170 million tons of oil equivalent primarily through renewable sources comprising 15-20% of supply by 2030 and 65-70% by 2045. It also seeks to reduce greenhouse gas emissions from energy by 15-35% by 2030 and 70-80% by 2045. The Ministry of Industry and Trade will implement policies and proposed legislation to develop an interconnected energy market, encourage private investment in renewable projects, and establish a framework for direct power purchase agreements between renewable producers and customers.
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence ...Dr. Oliver Massmann
Anwalt in Vietnam Dr. Oliver Massmann Corporate Sustainability Due Diligence Directive (CSDDD oder das EU-Lieferkettengesetz): Umfassende Analyse und Ausblick auf die Auswirkungen auf Unternehmen in Vietnam
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chain Law): A Comprehensive Analysis and Review of its Implications on Vietnam-based Companies
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Matthew Professional CV experienced Government Liaison
LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT – THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS:
1. LAWYER IN VIETNAM DR. OLIVER MASSMANN – PUBLIC PROCUREMENT –
THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE RELEVANT
REGULATIONS ON PUBLIC PROCUREMENT – HERE ARE OUR ANSWERS:
1. What are the three central/federal government entities that have conducted the largest
procurements by volume in Vietnam in the last three years? Please, list the three procuring
entities in the order of importance.
In my experience, the three largest procuring entites are Ministry of Health, Ministry of Industry
and Trade, Ministry of Transport
Procuring Entity Sector – Ministry of Health
1.1 Please identify the most common sector purchased by the procuring entity
Goods
Procuring Entity Sector – Ministry of Industry and Trade
1.1 Please identify the most common sector purchased by the procuring entity
Goods
Procuring Entity Sector – Ministry Transport
1.1 Please identify the most common sector purchased by the procuring entity
Works
1.2 Is any of the three procuring entities that you have selected a State-Owned Enterprise
or an Independent Authority?
Yes
1.3 Does any of these SOEs or Independent Authorities have a specific public procurement
regulatory frame work compared to the other centralized/federal procuring entities?
Yes
2. Please provide a list of laws, regulations, and other binding materials (including
guidelines and manuals) that regulate public procurement in Vietnam.
• Law No. 43/2013/QH13 on Bidding (Law on Bidding)
• Law No. 49/2014/QH13 on Public Investment
• Law No. 64/2020/QH14 on Investment in the form of Public – Private Partnership
• Law No. 03/2022/QH15 amending and supplementing some of articles of Law on Public
Investment, Law on Investment in the form of public-private partnership, Law on Investment,
Law on Housing, Law on Bidding, Law on Electricity, Law on Enterprises, Law on
Consumption Tax Special and the Law on Execution of Civil Judgments.
• Decree No. 95/2020/ND-CP guiding the procurement under the Comprehensive and
Progressive Agreement for Trans-Pacific Partnership
• Decree No. 09/2022 ND-CP amending and supplementing some articles of Decree No.
95/2020/ND-CP guiding the implementation of procurement under the CPTPP, the EVFTA and
the UKVFTA
2. • Decree No. 63/2014/ND-CP detailing the implementation of several provisions of the
Bidding Law on the selection of contractor
• Decree No. 25/2020/ND-CP detailing the implementation of several provisions of the
Bidding Law on the selection of investors
• Decree No. 21/2022/TT-BKHDT detailing the preparation of bidding documents for non-
consulting services for bidding packages within the scope of the CPTPP, the EVFTA and the
UKVFTA
• Decree No. 20/2022/TT-BKHDT detailing the preparation of bidding documents for
consulting services for bidding packages within the scope of the CPTPP, the EVFTA and the
UKVFTA
• Circular 09/2022/TT-BYT detailing the sample invitation to bid for procurement of
herbal ingredients and traditional medicines at public health facilities
• Circular 12/2022/TT-BKHDT detailing the preparation of bidding documents for the
procurement of goods for bidding packages within the scope of the CPTPP, the EVFTA and the
UKVFTA
• Circular No. 15/2022/TT-BKHDT detailing the preparation of bidding documents for
construction and installation for bidding packages within the scope of the CPTPP, the EVFTA
and the UKVFTA
• Circular 08/2022/TT-BKHDT detailing the provision and posting of information on
bidding and contractor selection on the National Procurement Network System
• Circular No. 09/2022/TT-BGTVT guiding some contents on methods and criteria for
evaluating bids for investor selection under the public-private partnership method and the form
of a build-operate-transfer contract in the transport sector
• Circular No. 23/2021/TT-BGTVT guiding the formulation, approval and publication of
the list of projects; methods and criteria for evaluating bids and bidding for selection of investors
in specialized aviation service works at airports and aerodromes
• Circular 22/2021/TT-BGTVT detailing methods and criteria for evaluating bids to select
investors to implement projects on dredging seaport waters and inland waterways in combination
with product recovery
• Circular No. 06/2020/TT-BKHDT guiding the implementation of Decree No.
25/2020/ND-CP detailing the implementation of a number of articles of the Law on Bidding on
investor selection
• Circular 15/2020/TT-BYT promulgating the List of drugs for bidding, the List of drugs
for concentrated bidding, and the List of drugs eligible for price negotiation.
• Circular No. 14/2020/TT-BYT promulgating some contents in bidding for medical
equipment at public medical facilities
• Circular 15/2019/TT-BYT regulating on drug bidding at public health facilities
• Circular No. 10/2015/TT-BKHDT detailing the contractor selection plan
• Circular No. 19/2015/TT-BKHDT detailing the preparation of appraisal report during the
contractor selection period
• Circular No. 23/2015/TT-BKHDT detailing the preparation of evaluation report of bid
dossier
• Circular No. 16/2016/TT-BKHDT guiding the preparation of pre-qualification dossier,
bidding dossier for the investor carrying land use projects
3. Specific instruments applicable to a sector (goods, services or works):
3. • Decree No. 21/2022/TT-BKHDT detailing the preparation of bidding documents for non-
consulting services for bidding packages within the scope of the CPTPP, the EVFTA and the
UKVFTA
• Decree No. 20/2022/TT-BKHDT detailing the preparation of bidding documents for
consulting services for bidding packages within the scope of the CPTPP, the EVFTA and the
UKVFTA
• Circular 09/2022/TT-BYT detailing the sample invitation to bid for procurement of
herbal ingredients and traditional medicines at public health facilities
• Circular 12/2022/TT-BKHDT detailing the preparation of bidding documents for the
procurement of goods for bidding packages within the scope of the CPTPP, the EVFTA and the
UKVFTA
• Circular No. 15/2022/TT-BKHDT detailing the preparation of bidding documents for
construction and installation for bidding packages within the scope of the CPTPP, the EVFTA
and the UKVFTA
• Circular No. 23/2021/TT-BGTVT guiding the formulation, approval and publication of
the list of projects; methods and criteria for evaluating bids and bidding for selection of investors
in specialized aviation service works at airports and aerodromes
• Circular 22/2021/TT-BGTVT regulating on methods and criteria for evaluating bids to
select investors to implement projects on dredging seaport waters and inland waterways in
combination with product recovery
• Circular 15/2020/TT-BYT promulgating the List of drugs for bidding, the List of drugs
for concentrated bidding, and the List of drugs eligible for price negotiation.
• Circular No. 14/2020/TT-BYT promulgating a Circular stipulating a number of contents
in bidding for medical equipment at public medical facilities
• Circular 15/2019/TT-BYT regulating on drug bidding at public health facilities
4. Does the regulatory framework establish value thresholds for determining procedural or
regulatory aspects of the procurement process?
Yes (Articles 2.2 and 3.2, Law on Bidding)
5. Is there an operational central electronic public procurement (e-procurement) portal in
Vietnam?
Yes (https://muasamcong.mpi.gov.vn)
6. Is the central e-procurement portal used by all the procuring entities?
Yes
7. Please complete the table below based on the features available in the central electronic
public procurement portal
Yes, fully digitized Yes, but hard copy
documents must be
submitted
No
Registering as a vend
or
x
Accessing notices on
procurement opportu
nities
x
4. Accessing bidding do
cuments
x
Asking a procuring e
ntity for clarification
s
x
Submitting tenders x
Submitting bid securi
ty with electronic vali
dation
x
Bid opening x
Virtual workspace to
manage tender proced
ures (including operat
ive tools for members
of the evaluation com
mittee)
x
Notification of decisi
ons (clarifications, a
wards, contract signin
g, etc.)
x
Accessing award deci
sions (including their
rationale)
x
Submitting performa
nce guarantee with el
ectronic validation
x
Contract signing x
Accessing contracts x
Accessing contract a
mendments
x
Submitting invoices t
o the procuring entit
y
x
Module for framewor
k agreement manage
ment
x
E-catalogue of appro
ved suppliers
x
Green catalogue x
E-reverse auction mo
dule
x
E-contract manageme
nt and implementatio
n module
x
5. Receiving payments f
rom the procuring ent
ity
x
Applying for vendor
eco-certifications/eco
-labels
x
Access to specificatio
ns, standards, or crite
ria for eco-labels and
environmentally pref
erable goods and serv
ices
x
8. Are the features supported by the central e-procurement portal available for
procurements of goods, works, and services?
Yes
9. For the following types of data, please select if there is a data portal that provides open
access to such information in machine readable format:
Yes No
Data on tenders (including de
scription, dates, category of s
pending, estimated value, con
tracting authority, and identifi
cation of bidders)
x
Data on tenders (including de
scription, dates, category of s
pending, estimated value, con
tracting authority, and identifi
cation of bidders)
x
Data on suppliers x
10. Link to the webpage with data
https://muasamcong.mpi.gov.vn/web/guest/contractor-selection?render=index
11. Are there any main procuring entities for which data on contracts and tenders is not
published on the open access data portal?
No.
12. Are gender-disaggregated data on firms that have participated in tenders collected by
the central e-procurement portal?
No.
13. Does the regulatory framework require procuring entities to use standard
bidding/tender documents when preparing a tender?
Yes, but with some exception.
6. 14. Circumstances the use of model bidding/tender documents is not required.
Based on sector of procurement (Article 4, Circular No. 08/2022/TT-BKHDT)
15. Do these standard bidding documents contain sustainability clauses?
Yes, in all model documents
16. Does the regulatory framework define minimum content requirements for procurement
plans?
Yes. (Article 35, Law on Bidding)
17. Do the minimum content requirements for procurement plans include a gender
dimension?
No.
18. According to the regulatory framework, which of the following tools must be used when
a procuring entity prepares to estimate the contract value of the new procurement
opportunity?
Regulations are silent on this matter
19. Is there a legal mandate for the development and implementation of special programs
to engage innovative and emerging suppliers?
No.
20. Does the regulatory framework establish open procurement as a default method for
tendering a contract?
Yes, but with some exception.
21. Circumstances exceptions to the general rule of using open procurement are provided
in the regulatory framework.
Based on the value of procurement and based on the entity conducting the procurement (Articles
21, 22, 23, 24, 26, 26, Law on Bidding)
22. Does the regulatory framework designate specific tendering procedures for innovation
procurement?
No
23. Does the regulatory framework provide incentives for preparing bids with
environmentally-friendly components?
No.
24. Does the regulatory framework impose any participation or award restrictions on
foreign firms?
Yes, in some public tenders
7. 25. If the restrictions apply only in some public tenders, please identify the parameter in
which these restrictions are applicable:
Sector (Article 15, Law on Bidding).
26. Does the regulatory framework require foreign firms to have partnerships with
domestic firms to be eligible to participate in a tender?
Yes, in some public tenders (Article 5.1(h), Law on Bidding)
27. Does the regulatory framework require foreign firms to own (fully or partially)
subsidiaries in the domestic economy to be eligible to participate in a tender?
No. (Article 5.1, Law on Bidding)
28. Does the regulatory framework prohibit splitting contracts for the purpose of
circumventing thresholds for open tendering?
Yes (Article 89.6(k), Law on Bidding)
29. According to the regulatory framework, which of the following documents need to be
made publicly available?
Yes, for all contracts Yes, except for low v
alue contracts
No
Procurement plans x
Tender notices x
Tender documents (pr
oject specific)
x
Award decisions Yes x
Contracts x
Contract amendment
s
x
Subcontractors x
30. Please provide the legal basis for all the key materials listed in the table above:
Article 8, Law on Bidding; Article 9, Law on Investment in the form of Public – Private
Partnership
31. Does the regulatory framework set a minimum timeframe between advertisement of a
tender notice and a submission deadline?
Yes, for all procurement procedures (Article 12.1(b), Law on Bidding)
32. According to the regulatory framework, how should clarification requests from
potential bidders be communicated?
Required to communicate answers to all bidders (Article 77.1, Law on Bidding; Article 51.4,
Decree No. 35/2021/ND-CP; Article 14.2(c), Decree No. 63/2014/ND-CP)
8. 33. In practice, how many days would usually pass between bid opening, and contract
signing (i.e., the time in which all tenderers, participants and relevant parties are notified
of the award decision and the awardee can start implementing the contract) for the
following scenarios:
Days to complete a procurement of a works contract in an open procedure valued above the
threshold for international procurement: 210
Days to complete the procurement of a services contract in a restricted procedure with limited
competition, valued below the threshold for international procurement: 210
Days to complete the prequalification of supplier: 0
Days to complete an electronic auction: 45
Days to complete a Framework agreement with a competitive second stage: 0
34. Does the regulatory framework establish criteria for identifying abnormally low bids?
Yes, but only in some procurement procedures (Articles 117.6 and 117.9, Decree No.
63/2014/ND-CP)
35. According to the regulatory framework, which award criteria must be used in bid
evaluations for high-value procurement?
Lowest price, Project life cycle cost, Total cost of ownership, Value for money, Most
economically advantageous tender, Sustainability (Article 12, Decree 63; Articles 39 – 41, Law
on Bidding)
36. Please indicate whether Lowest price must be used for some or all procurement sectors.
No, applicable to some.
37. Please indicate whether Project life cycle cost must be used for some or all procurement
sectors.
No, applicable to some.
38. Please indicate whether Total cost of ownership must be used for some or all
procurement sectors.
No, applicable to some.
39. Does the regulatory framework explicitly recommend the preference to use Most
Economically Advantageous tender criteria over lowest price criteria?
Yes, but only in some procurement procedures
.
40. According to the regulatory framework, should the procuring entity provide a
reference price in tender documents?
Yes, but only in some procurement procedures.
41. Does the regulatory framework include gender-specific provisions that promote gender
equality in public procurement?
Yes (Article 14.3, Law on Bidding)
9. 42. Does the regulatory framework outline a designated procedure for awarding contracts
based on a framework agreement where contracts are awarded following a competitive
two-stage process?
No, only one stage is competitive (Article 65, Law on Bidding)
43. Which of the small and medium-sized enterprise preferential treatment approaches are
included in the regulatory framework?
None (Article 6 Decree No. 63/2014/ND-CP, Article 14.2.c Bidding Law)
44. Does the regulatory framework mandate communication of an award decision?
Yes, to all bidders (•Articles 42.3, 43.2, 11.8(d), 11.8(dd), Law on Bidding)
45. Is there a mandatory standstill period between the public notice of award and contract
signing to allow unsuccessful bidders challenge the decision?
No.
46. Does the regulatory framework establish a timeframe within which a procuring entity
must process a payment once an invoice is received?
Yes, for all contracts (Articles 94, 95, 96, 97, 98, Decree No. 63/2014/ND-CP)
47. Does the regulatory framework allow firms to claim interest on late payments (or any
similar contractual penalty) if the government does not pay within the legally established
timeframe?
Yes (Article 94.1, Decree No. 63/2014/ND-CP)
48. How often does the government pay late payment interest (or any similar contractual
penalty) in the event that it fails to meet the payment deadline?
Government often pays late payment interest.
49. Does the regulatory framework designate a specialized and independent authority to
receive procurement challenges filed by firms on decisions issued by the procuring entities?
Yes, specialized (Articles 91 and 92, Law on Bidding)
50. Does an aggrieved bidder have the right to appeal decisions on challenges made by the
authority that receives procurement challenges?
Yes (Articles 92.1(c), 92.2(c), 92.3(c), 92.4(c), Law on Bidding)
51. Are there any legally binding time limits to resolve a procurement challenge?
Yes, for all types of challenges (Article 92, Law on Bidding)
52. Is there a legal recourse for an aggrieved bidder experiencing delays in either challenge
or review processes?
Yes, for all types of challenges (Articles 91.1(b) and 91.2, Law on Bidding)