On August 4, 2025, the Government issued Decree 214/2025/ND-CP on detailed regulations on several articles and measures to implement the Law on Bidding & contractor selection. Decree 214/2025/ND-CP takes effect from August 4, 2025, and replaces Decree 24/2024/ND-CP. Compared to Decree 24/2024/ND-CP, Decree 214/2025/CP has many important amendments, directly affecting bidding activities. Below, Viet An Law will update some new points of Decree 214/2025/ND-CP on Bidding & Contractor Selection in Vietnam, replacing Decree 24/2024/ND-CP.
Decree 214/2025/ND-CP has 14 Chapters with 146 Articles, an increase of 02 chapters and 11 Articles compared to Decree 24/2024/ND-CP. In particular, there are some new points as follows:
Summary of some new points of Decree 214/2025/ND-CP replacing Decree 24/2024/ND-CP guiding the Law on Bidding & contractor selection
Pursuant to Article 27 of Decree 214/2025/ND-CP, the provisions on appraisal of bidding documents are as follows:
“Article 27. Appraisal and approval of bidding documents
…1. The investor is not required to appraise bidding documents; in case of an appraisal request, it shall comply with the provisions of Article 135 of this Decree before approval.
…2. Approval of bidding documents must be based on the approval submission and appraisal report of bidding documents (if any).”
Thus, from August 4, 2025, according to the new regulations, investors are not required to appraise bidding documents. If an appraisal is required, it must be done before approval.
Meanwhile, according to the previous regulations in Clause 1, Article 25 of Decree 24/2024/ND-CP, bidding documents must be appraised in accordance with the regulations before approval.
Similar to the bidding documents, the prequalification invitation documents must also be appraised before approval according to the provisions of Decree 24/2024/ND-CP.
According to the new regulations at Point m, Article 23 of the Bidding Law 2023, amended in 2025, one of the cases where designated bidding is applied is:
“Bidding packages belonging to the procurement estimate that do not form a project have a package price not exceeding VND 300 million; bidding packages belonging to a project have a package price not exceeding VND 500 million for consulting service packages, not exceeding VND 1 billion for non-consulting service packages, goods, construction and installation, mixed packages; bidding packages for planning tasks have a package price not exceeding VND 500 million.”
To guide this regulation, Clause 4, Article 78 of Decree 214/2025/ND-CP increases the limit for designated bidding for the above bidding packages as follows:
Increases the limit for designated bidding
The Amended Law on Bidding 2025 has amended Article 24 of the Bidding Law 2023 to regulate competitive bidding and assign the Government to regulate the competitive bidding limit.
Accordingly, Article 81 of Decree 214/2025/ND-CP stipulates: “Competitive bidding is applied to bidding packages specified in Clause 1, Article 24 of the Bidding Law and has a bidding package price not exceeding VND 10 billion”.
Thus, compared to Clause 1, Article 24 of the 2023 Bidding Law, Article 81 of Decree 214/2025/ND-CP has increased the competitive bidding price limit from no more than VND 5 billion to no more than VND 10 billion.
Previously, Clause 10, Article 12 of Decree 24/2024/ND-CP stipulated that in the case where a contractor withdraws a petition during the petition process, he/she shall receive back 50% of the paid costs in the case where the Advisory Council has not been established or the Advisory Council has been established but the council meeting has not been held.
In Clause 3, Article 15 of Decree 214/2025/ND-CP replacing Decree 24, the contractor shall not be refunded the amount paid by the petitioning contractor in the following cases:
Thus, compared to previous regulations, Decree 214/2025/ND-CP has tightened the reimbursement of petition resolution costs. Previously, contractors could still receive 50% of the costs when withdrawing a petition under certain conditions, but now contractors will not be refunded any amount if they withdraw the petition during the resolution process, or when the petition content is found to be incorrect.
This is to limit the situation where contractors submit unfounded petitions or withdraw their petitions halfway, avoiding wasting time and resources of the resolution agency.
Article 21 of Decree 214/2025/ND-CP supplements regulations on capacity and experience conditions for expert teams and appraisal teams as follows:
For bidding packages belonging to science, technology and innovation projects according to the provisions of the law on science, technology and innovation; high-tech application projects according to the provisions of the law on high technology, application of new technology according to the provisions of the law on technology transfer, the investor decides to select members to participate in the expert team, appraisal team to ensure that they have the capacity to perform the assigned work without being required to:
Except for the case where the member of the expert group or appraisal group is an individual consultant or an individual belonging to a bidding consultancy organization.
This is a new provision that Decree 24/2024/ND-CP did not previously regulate.
Decree 214/2025/ND-CP takes effect from August 4, 2025. In particular, Article 144 of Decree 214 stipulates the transition in some cases as follows:
For bid packages that have approved contractor selection plans but have not been issued by August 4, 2025, invitations to express interest, prequalification invitations, bidding documents, and request documents: The investor is allowed to adjust the approved contractor selection plan to implement in accordance with the provisions of Law No. 90/2025/QH15 and Decree 214/2025/ND-CP.
For bid packages applying the form of designated bidding according to the shortened process, direct procurement, self-implementation, contractor selection in special cases, contractor selection to implement the bid package with the participation of the community, in case the contractor selection plan has been approved but by August 4, 2025, the contractor selection results have not been approved: The investor is allowed to adjust the approved contractor selection plan to implement in accordance with the provisions of Law No. 90/2025/QH15 and Decree 214/2025/ND-CP.
In this case, the shortlisting, contractor selection, signing, and contract implementation management will continue in accordance with the provisions of the Bidding Law 2023 (amended and supplemented by a number of articles under Law No. 57/2024/QH15) and detailed regulations and implementation instructions.
The Investor shall consider and decide to select in one of the following two ways:
Above is an update of the new points of Decree 214/2025/ND-CP on Bidding & Contractor Selection in Vietnam, replacing Decree 24/2024/ND-CP. If clients have any related questions or need advice on bidding law procedures, please contact Viet An Law for the best advice and support!
