According to Article 1 of Law No. 90/2025/QH15 amending and supplementing Clause 4, Article 70 of Bidding Law No. 22/2023/QH15, when amending a contract that changes the contract implementation time but does not exceed the project implementation time or exceeds the approved bid package price (including contingency) but does not exceed the total investment and procurement estimate, the investor shall consider and decide.

Mr. Phan Thanh Tuan (Vinh Long) asked, can the above regulation be applied to bid packages signed before Law No. 90/2025/QH15 takes effect? 

Regarding this issue, the Ministry of Finance has the following comments:

According to the provisions of Clause 1, Article 10 of Law No. 90/2025/QH15, bidding packages for selecting contractors that have issued invitations for expression of interest, invitations for pre-qualification, invitations for bids, request documents and opened bids before the effective date of this Law shall continue to organize shortlist selection, contractor selection, investor selection, contract signing and management in accordance with the provisions of the Bidding Law No. 22/2023/QH15, which has been amended and supplemented by a number of articles under Law No. 57/2024/QH15 and detailed regulations and implementation guidelines.

Accordingly, for bid packages signed before July 1, 2025, contract amendments shall be implemented in accordance with the provisions of the Bidding Law No. 22/2023/QH15 (Bidding Law No. 22/2023/QH15 amended by Law No. 57/2024/QH15).

Therefore, in case the contract amendment changes the contract performance time or exceeds the approved bid package price (including contingency), it must be approved by the competent authority.