On June 25, 2025, the National Assembly passed Law No. 90/2025/QH15, amending and supplementing certain provisions of the Bidding Law, the Law on Public-Private Partnership Investment, the Customs Law, the Value-Added Tax Law, the Export and Import Tax Law, the Investment Law, the Public Investment Law, and the Law on Management and Use of Public Assets (hereinafter referred to as the “Bidding Law 2025”). This law takes effect from July 1, 2025.
Based on the provisions of the Bidding Law 2025, the Legal Department has compiled a summary of key amendments compared to previous regulations, as follows:
| No. | Content | Bidding Law 2023 (as amended and supplemented in 2024) | Bidding Law 2025 |
| 1 | Scope of application for state-owned enterprises | Included specific provisions on contractor selection for bidding packages under investment projects of state-owned enterprises and enterprises wholly owned by state-owned enterprises (Clause 2, Article 2). | Abolished these specific provisions. Instead, state-owned enterprises not using state budget funds may independently decide on procurement, ensuring transparency, publicity, efficiency, and accountability for explanation. |
| 2 | Preferences in bidding | Provided preferences for contractors that are innovative startup enterprises (Point g, Clause 1, Article 10). | Significantly expanded the scope of preferences to include: (1) Individuals, innovative startup enterprises, and organizations supporting startups recognized by competent authorities; (2) Innovation centers; (3) Science and technology enterprises; (4) Science and technology organizations; (5) Research and development centers; (6) Organizations and enterprises certified as high-tech enterprises, high-tech incubation facilities, high-tech startup incubation enterprises, or newly established enterprises from investment projects producing high-tech products, in accordance with laws on science, technology, innovation, high technology, and other relevant laws. |
| 3 | Form of direct contracting | Listed 13 specific cases applicable for direct contracting, with clear value thresholds for bidding packages (Article 23). | Fundamentally revised to adopt a principle-based approach. Specifies 09 groups of cases for direct contracting based on characteristics such as urgency, state secrets, special requirements, single-supplier scenarios, need for accelerated progress, and strategic sectors. Specific thresholds will be regulated by the Government. |
| 4 | Form of competitive bidding | Applied to bidding packages with a value not exceeding VND 5 billion. Bidding documents must still meet requirements for capacity and experience (Article 24). | Introduced a new contractor selection method: “Direct assignment,” applicable to specific bidding packages such as public utility products/services, strategic goods, or key science and technology tasks (new Article 29a). |
| 5 | Introduction of new contractor selection method | Included 09 forms of contractor selection. |
Introduced a new contractor selection method: “Direct assignment,” applicable to specific bidding packages such as public utility products/services, strategic goods, or key science and technology tasks (new Article 29a). |
| 6 | Authority to approve contractor selection plans | The project owner organizes and approves the contractor selection plan (hereinafter abbreviated as “CSP”) in cases where an overall contractor selection plan has been approved. The competent person reviews and approves the CSP for projects not subject to an overall contractor selection plan or delegates approval to the project owner, agency, or unit under their management, except in cases specified in Point c, Clause 2, Article 40 of the Bidding Law 2023. Requires an appraisal step before approving the CSP (Clause 2, Article 40). | Unified and significantly decentralized: The project owner independently organizes and approves the CSP in all cases. The requirement for CSP appraisal is abolished. |
| 7 | Procedures and processes for contractor selection | Provided detailed, separate steps for each form of contractor selection (Article 43). | Consolidated into a single general process, including key steps (preparation, organization, evaluation, negotiation, approval, and contract signing). Specific processes for each form will be detailed by the Government, allowing greater flexibility. |
| 8 | Duration for contractor selection | Fixed minimum durations for bid preparation specified in the Law (Article 45). For example: 18 days for open domestic bidding, 09 days for small-scale packages. | Abolished fixed minimum durations in the Law. The Government is tasked with regulating specific bid preparation durations, enabling flexible adjustments based on practical circumstances without amending the Law. |
| 9 | Handling of complaints | Provided detailed regulations on two complaint resolution processes (before and after results), roles of the project owner, competent person, and composition and responsibilities of the advisory council for complaint resolution within the Law (Articles 89, 93). | Abolished all detailed provisions on processes, conditions, and the advisory council (Articles 90, 91, 92, 93). The Government is tasked with regulating the conditions, processes, composition, and operations of the complaint resolution council. |
| 10 | Responsibilities of the project owner | Approved bidding documents and contractor selection results. Held accountable before the law and the competent person (Article 78). | Expanded and clarified the project owner’s responsibilities, including CSP approval. Emphasized and specified accountability for the progress, quality, and efficiency of bidding packages. |
