On January 24, 2019, the Ministry of Planning and Investment (“MPI”) issued Official Letter No. 623/BKHDT-QLĐT to an investor, guiding the implementation of the Law on Bidding. In particular, the MPI instructed the provision of authorization documents in cases where the contractor’s legal representative authorizes a subordinate to sign a bidding application.

Specifically, based on the guidance in Form No. 01, Chapter IV, Bidding Form (“Form 01”) attached with Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the MPI on specifying preparation of bidding documents on construction works (“Circular 03”), in the case where the contractor’s legal representative authorizes a subordinate to sign a bidding application, the contractor must enclose a Power of Attorney according to Form No. 02 of Chapter IV.  In case of the company’s Charter, or other related documents assigning responsibility to a subordinate to sign the bidding application, these documents must be enclosed together with the bidding application (with no need to make a Power of Attorney. according to Form No. 02 of Chapter IV).

However, the guidance in Form 01 attached with Circular 03 in particular, and other prevailing Vietnam laws in general, does not clarify the definition of “subordinate”, including what kind of objects. Accordingly, the determination of what kind of objects that are authorized to sign for a bidding application has not been clarified.


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