Supplementing regulations on incentives in bidding

Bổ sung quy định về ưu đãi trong đấu thầu- Ảnh 1. — Supplementing some regulations on incentives for domestic contractors who are individuals and creative start-up enterprises

Law on Bidding No. 22/2023/QH15, amended and supplemented by Law No. 90/2025/QH15, has added the subjects entitled to incentives in bidding at Point g, Clause 1, Article 10 as follows: individuals, innovative startups, and organizations supporting innovative startups recognized by competent authorities; innovation centers; science and technology enterprises; science and technology organizations; research and development centers; organizations and enterprises granted Certificates of high-tech enterprises, high-tech incubators, high-tech enterprise incubators, and newly established enterprises from investment projects to produce high-tech products according to the provisions of the law on science, technology and innovation, the law on high technology, and other relevant laws (Point g, Clause 1, Article 10 of the Law on Bidding).

In addition, Point i, Clause 1, Article 10 of the Law on Bidding also adds the subjects that are entitled to incentives in bidding: High-tech products on the List of high-tech products encouraged for development, produced by high-tech enterprises or newly established enterprises from investment projects to produce high-tech products recognized under the law on high technology; products and goods from the results of special scientific, technological and innovation tasks, products and goods from the results of domestic scientific, technological and innovation tasks according to the provisions of the law on science, technology and innovation; digital technology products and services that meet the regulations of the Minister of Science and Technology .

On that basis, Decree No. 214/2025/ND-CP amends the provisions on incentives in bidding in the following direction: Contractors specified in Point g, Clause 1, Article 10 of the Law on Bidding do not have to meet the requirements on capacity and experience within 05 years from the date of recognition by a competent authority, and do not have to meet the conditions on ensuring competition in the content of the assessment of eligibility.

Goods are products specified in Point i, Clause 1, Article 10 of the Law on Bidding that enjoy the highest preferential rate of 15% compared to other subjects, specifically: for the method of combining technique and price, goods at Point i, Clause 1, Article 10 of the Law on Bidding are added 15% of the total score; for the method of lowest price and evaluated price, goods not subject to preferential rates are added 15% of the bid price for comparison and ranking.

The above contents are specifically regulated in Decree No. 214/2025/ND-CP is as follows:

Incentives for domestic contractors who are individuals and innovative start-up enterprises as prescribed in Point g, Clause 1, Article 10 of the Law on Bidding

Article 9 of Decree No. 214/2025/ND-CP clearly states: 1- When bidding for innovative products of that enterprise as prescribed in Clause 4, Article 6 of this Decree, domestic innovative startups do not have to meet the requirements on revenue and number of years of operation in the same industry within 06 years from the time the product is first manufactured and is eligible to be put on the market.

2- Domestic contractors falling under the cases specified in Point g, Clause 1, Article 10 of the Law on Bidding when bidding for products and services produced or provided by the contractor do not have to satisfy the conditions on ensuring competition in the assessment of eligibility and requirements on capacity and experience within 05 years from the date of recognition by the competent authority.

3- Innovative products specified in Clause 4, Article 6 of this Decree are goods of individuals, groups of individuals, and domestic innovative start-up enterprises that, when participating in bidding, enjoy incentives as prescribed in Clause 3, Article 6 of this Decree.

4- Innovative products specified in Clause 4, Article 6 of this Decree are services of domestic innovative start-up enterprises that, when participating in domestic and international bidding, enjoy incentives as prescribed in Clause 1 and Clause 2, Article 7 of this Decree.

Incentives for innovative products, high-tech products

According to Clause 3, Article 6 of Decree 214/2025/ND-CP, incentives for goods that are innovative products originating from Vietnam, products specified in Point i, Clause 1, Article 10 of the Law on Bidding are determined as follows:

a) In case of applying the lowest price method, goods not eligible for incentives must add an amount equal to 15% of the bid price after error correction, deviation adjustment, minus the discount value (if any) of that goods to the bid price after error correction, deviation adjustment, minus the discount value (if any) of the bidder for comparison and ranking; goods eligible for incentives with a domestic production cost ratio of less than 50% must add an amount equal to 7.5% of the bid price after error correction, deviation adjustment, minus the discount value (if any) of that goods to the bid price after error correction, deviation adjustment, minus the discount value (if any) of the bidder for comparison and ranking; Goods subject to preferential treatment with a domestic production cost ratio of 50% or more must add an amount equal to 5% of the bid price after error correction, deviation adjustment, minus the discount value (if any) of that good to the bid price after error correction, deviation adjustment, minus the discount value (if any) of the bidder for comparison and ranking;

b) In case of applying the evaluation price method, goods not eligible for incentives must add an amount equal to 15% of the bid price after error correction, deviation adjustment, minus the discount value (if any) of that goods to the bidder's evaluation price for comparison and ranking; goods eligible for incentives with a domestic production cost ratio of less than 50% must add an amount equal to 7.5% of the bid price after error correction, deviation adjustment, minus the discount value (if any) of that goods to the bidder's evaluation price for comparison and ranking; goods eligible for incentives with a domestic production cost ratio of 50% or more must add an amount equal to 5% of the bid price after error correction, deviation adjustment, minus the discount value (if any) of that goods to the bidder's evaluation price for comparison and ranking;

c) In case of applying the method of combining technique and price, bidders offering innovative products of Vietnamese origin, products specified in Point i, Clause 1, Article 10 of the Law on Bidding will have preferential points added to the total score according to the following formula:

Preferential score = 15% x (preferential goods price/bid price after error correction, deviation adjustment minus discount value (if any)) x total score

For goods that are not innovative products of Vietnamese origin, products specified in Point i, Clause 1, Article 10 of the Law on Bidding, in case the bidder offers goods of Vietnamese origin with a domestic production cost ratio of less than 50%, when calculating incentives, the coefficient of 15% is replaced by 7.5%; goods of Vietnamese origin with a domestic production cost ratio of 50% or more, when calculating incentives, the coefficient of 15% is replaced by 10%.

d) In case of applying the technical-based method, the bidder offering innovative products of Vietnamese origin, products specified in Point i, Clause 1, Article 10 of the Law on Bidding, will have 7.5% of the bidder's technical score added to the bidder's technical score for comparison and ranking.

The Decree also clearly states that innovative products originating from Vietnam are entitled to incentives under the above provisions when meeting one of the following conditions:

a) Products on the list of high technologies prioritized for investment and development or the list of high-tech products encouraged for development according to the decision of the Prime Minister ;

b) Products and goods from the results of special scientific, technological and innovative tasks, products and goods from the results of domestic scientific, technological and innovative tasks according to the provisions of law on science, technology and innovation;

c) Products created on the basis of inventions, semiconductor integrated circuit layout designs, plant varieties of the contractor themselves are granted a protection certificate within a period of no more than 05 years from the date of grant or computer programs of the contractor themselves within a period of no more than 05 years from the date of grant of a certificate of copyright registration;

d) Semiconductor chip products;

d) Products that have won the Ho Chi Minh Prize, the State Prize for Science and Technology according to the provisions of the law on emulation and commendation awards and the law on science, technology and innovation;

e) New products created from research and development results at one of the facilities of the National Innovation Center or a national innovation center, or a provincial innovation center;

g) New products created from the results of scientific research and technological development are recognized according to the provisions of law on technology transfer.

The above-mentioned innovative products shall enjoy incentives for a period of 06 years from the time they are first produced and qualified to be put on the market.

Phuong Nhi

Source: https://baochinhphu.vn/bo-sung-quy-dinh-ve-uu-dai-trong-dau-thau-102250806115418355.htm