Where the specialized law requires that the bidder participating in the bid must have a certificate of eligibility for construction activities, the contractor must meet this requirement before signing the contract.

According to Mr. Phan Chi Thien (in An Giang Province), Clause 1, Article 3 of the Bidding Law states: “1. bidding activities under the governing scope of this Law must comply with the provisions of this Law and other relevant law provisions".

In Clause 1, Article 57 of the Government's Decree No. 42/2017 / ND-CP dated April 5, 2017 stipulates:

“1. Organizations participating in the following fields must have construction capacity certificates:

a) Construction survey;

b) Construction planning formulation;

c) Designing and verifying construction design;

d) Construction project formulation and verification;

đ) Project management consultancy;

e) Construction execution;

g) Construction supervision;

h) Construction inspection;

i) Construction cost management ”.

The contents of validity assessment are at Point g, Clause 1, Section 1, Chapter III, Part 1 of Form of bidding dossier for consulting services issued together with the Circular No. 01/2015 / TT-BKHDT dated February 14, 2015 of The Ministry of Planning and Investment stipulates: "g) Having full operating capacity conditions according to specialized laws (if any)".

However, according to the content of evaluation of the validity specified in Clause 1.2, Section 1, Chapter III, Part 1 (Form No. 1) and (Form No. 2) bidding documents for construction and installation issued together with Circular No. 03/2015 / TT-BKHDT dated May 6, 2015 of the Ministry of Planning and Investment, has no regulations on criteria for assessment of operational capacity conditions.

Basing on the above provisions, Mr. Thien asked, why does the consulting service bidding package stipulate the contents of assessment of construction capacity conditions, but the construction and installation bidding packages are not regulated?

When preparing a bidding document for construction and installation (domestic bidding), there are additional criteria for assessing the performance conditions of the contractor as prescribed in Clause 1, Article 57 of Decree No. 42/2017 / ND-CP on 5/4/2017 of the Government on the eligibility evaluation criteria or not?

If the content of criteria for evaluating the performance conditions of contractors is not included in the bidding documents, Is this contrary to the provisions of Clause 1, Article 3 of the Bidding Law, Decree No. 42/2017 / ND. -CP dated April 5, 2017 of the Government?