Mr. Nguyen Duy Hieu (Ca Mau) asks whether Company A is allowed to use the experience and capacity that Company X has accumulated during its operation period to participate in bidding. Specifically, he inquires whether the experience and capacity of Company X still exist or have been transferred to Company A.

The Ministry of Planning and Investment responds to this issue as follows:

Article 3, Clause 1 of the Procurement Law stipulates that bidding activities within the scope regulated by this law must comply with the provisions of this law and other relevant legislation.

Based on Article 89 of the Civil Law, a legal entity can be merged into another legal entity. After the merger, the merged legal entity ceases to exist, and the rights and civil obligations of the merged legal entity are transferred to the merging legal entity.

According to the regulations in Article 91 of the Civil Law, a legal entity can be divided into multiple legal entities. After the division, the divided legal entity and the legal entities resulting from the division exercise their rights and civil obligations in accordance with their operational purposes.

Therefore, the division and merger of legal entities (if applicable) must comply with the above-mentioned regulations.

In the case of Company A being transferred or divided from Company X but not being a subsidiary or branch, there is no basis for Company A to use the capacity and experience of Company X as its own when participating in bidding.