Tue, Oct 14, 2025, 14:32:00
According to Mr. Pham Khanh (Hanoi), Clause 26, Article 3 of the 2014 Construction Law stipulates: "26. Establishing a construction investment project includes preparing a pre-feasibility study report on construction investment (if any), a construction investment feasibility study report or a construction investment economic-technical report and performing the necessary work to prepare for construction investment". Clause 2, Article 9 of Decree No. 98/2025/ND-CP dated May 6, 2025 stipulates: "For the tasks of repairing, renovating, upgrading, expanding, and constructing new construction items in invested construction projects with an estimated implementation cost of VND 500 million or more up to VND 20 billion: The head of the agency or unit managing the construction work shall prepare and submit to the competent authority for approval the economic-technical report on construction investment in accordance with the order and procedures prescribed by law on construction investment to serve as a basis for implementation organization".
Mr. Khanh asked, based on the above regulations, is it true that the task of "repairing, renovating, upgrading, expanding, and constructing new construction items in projects with an estimated cost of VND 500 million or more up to VND 20 billion" according to Decree No. 98/2025/ND-CP requires the establishment of a construction investment project in the form of a technical-economic report, correct?
Are the bidding packages under the above tasks subject to the bidding limit according to Clause 4, Article 78 of Decree No. 214/2025/ND-CP of the Government?
Regarding this issue, the Ministry of Finance has the following comments:
According to the provisions of Clause 4, Article 78 of Decree No. 214/2025/ND-CP dated August 4, 2025 of the Government (effective from August 4, 2025), the bidding package under the procurement estimate that does not form a project has a package price not exceeding VND 500 million; the bidding package for consulting services under the project has a package price not exceeding VND 800 million, the bidding package for non-consulting services, goods, construction and installation, and mixed services under the project has a package price not exceeding VND 2 billion are eligible for the form of designated bidding.
Thus, the application of the limit for designated bidding from August 4, 2025 is implemented according to the above provisions.
According to Mr. Pham Khanh (Hanoi), Clause 26, Article 3 of the 2014 Construction Law stipulates: "26. Establishing a construction investment project includes preparing a pre-feasibility study report on construction investment (if any), a construction investment feasibility study report or a construction investment economic-technical report and performing the necessary work to prepare for construction investment". Clause 2, Article 9 of Decree No. 98/2025/ND-CP dated May 6, 2025 stipulates: "For the tasks of repairing, renovating, upgrading, expanding, and constructing new construction items in invested construction projects with an estimated implementation cost of VND 500 million or more up to VND 20 billion: The head of the agency or unit managing the construction work shall prepare and submit to the competent authority for approval the economic-technical report on construction investment in accordance with the order and procedures prescribed by law on construction investment to serve as a basis for implementation organization".
Mr. Khanh asked, based on the above regulations, is it true that the task of "repairing, renovating, upgrading, expanding, and constructing new construction items in projects with an estimated cost of VND 500 million or more up to VND 20 billion" according to Decree No. 98/2025/ND-CP requires the establishment of a construction investment project in the form of a technical-economic report, correct?
Are the bidding packages under the above tasks subject to the bidding limit according to Clause 4, Article 78 of Decree No. 214/2025/ND-CP of the Government?
Regarding this issue, the Ministry of Finance has the following comments:
According to the provisions of Clause 4, Article 78 of Decree No. 214/2025/ND-CP dated August 4, 2025 of the Government (effective from August 4, 2025), the bidding package under the procurement estimate that does not form a project has a package price not exceeding VND 500 million; the bidding package for consulting services under the project has a package price not exceeding VND 800 million, the bidding package for non-consulting services, goods, construction and installation, and mixed services under the project has a package price not exceeding VND 2 billion are eligible for the form of designated bidding.
Thus, the application of the limit for designated bidding from August 4, 2025 is implemented according to the above provisions.
