Vietnam: Selection of contractors for irregular maintenance dredging of public navigation channels

Recently, the Minister of Transport of Vietnam issued Circular No. 35/2019/TT-BGTVT on dredging activities in port waters.

Selection of contractors is one of eight steps of the procedures for implementation of irregular maintenance dredging of public navigation channels. Specifically, selection of contractors for irregular maintenance dredging of public navigation channels shall be carried out as prescribed in Article 17 of Circular No. 35/2019/TT-BGTVT of the Ministry of Transport of Vietnam:

to chuc lua chon nha thau thi cong nao vet duy tu dot xuat huong hang hai, Thong tu 35/2019/TT-BGTVT

- The enterprises providing public services shall assess and recommend (competent and experienced construction, monitor, survey, design) contractors to promptly carry out contract package originating from force majeure, and request Vietnam Maritime Administration to approve such policy before selecting contractors. 

- Within 15 days from the date on which contract is awarded, the enterprises providing public services shall:

+ survey and transfer cleared sites, prepare design and cost estimates as per the law and present Vietnam Maritime Administration for approval; complete direct contracting procedures, including: preparation and submission of draft contract to the contractors which specifies scope and contents of work to be implemented, deadline thereof, work quality to be satisfied and corresponding cost thereof for contract negotiation and finalization;

+ based on results of the contract negotiation and contractor acceptance of Vietnam Maritime Administration, the enterprises providing public services shall approve direct contracting results and sign contracts with directed contractors.

Besides, Circular No. 35/2019/TT-BGTVT also stipulates that irregular maintenance dredging of public navigation channels to ensure traffic safety is dredging on an irregular basis due to force majeure which may cause unsafe maritime traffic or seriously impact maritime activities. The Ministry of Transport assigns Vietnam Maritime Administration to exercise authority of an investment decider with respect to the constructions of maintenance dredging of public navigation channels.

Other provisions can be found in Circular No. 35/2019/TT-BGTVT of the Ministry of Transport of Vietnam, which takes effect from November 01, 2019.

Thu Ba

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