A Chinese company wishing to bid for projects in Vietnam must meet all bidder eligibility conditions under Bidding Law 22/2023/QH15 (amended twice) — and pay special attention to the mandatory consortium requirement for international bidding. This article compiles the eligibility checklist under the newest legal framework.
The newest legal framework on bidding
- Bidding Law 22/2023/QH15 — amended by Law 57/2024/QH15 and Law 90/2025/QH15 (effective 1 July 2025).
- Decree 214/2025/ND-CP — effective 4 August 2025, replacing Decree 24/2024/ND-CP.
- Decree 349/2026/ND-CP — effective 9 September 2026, further amending bidding regulations.
- Warning: any material still citing the original 2023 Bidding Law (unamended) or Decree 24/2024 as current law is outdated.
10-point bidder eligibility checklist (Article 5)
- Legally established and operating under home-country (Chinese) law — valid business license.
- Independent financial accounting — audited financial statements as required by the bidding dossier.
- Not undergoing dissolution or bankruptcy — now determined under Bankruptcy Law 142/2025/QH15.
- Registered on the National Bidding Network System — before approval of the contractor selection result.
- Competition compliance under Article 6 of the Bidding Law (no collusion, no bid-rigging).
- Not subject to bidding prohibition.
- Not under criminal prosecution.
- Shortlisted — for packages applying pre-qualification.
- KEY CONDITION — INTERNATIONAL BIDDING: must form a consortium with a domestic contractor (point i, clause 1, Article 5) or use domestic subcontractors. Missing this means failing eligibility.
- Scope principle: domestic bidding is for domestic contractors; foreign contractors may only join international bidding (or cases prescribed by law).
The consortium condition: the crux of this topic
In international bidding in Vietnam, foreign contractors (including Chinese companies) must form a consortium with a domestic contractor or commit to using domestic subcontractors. In practice, prepare:
- A consortium agreement before bid submission — clearly allocating responsibilities, work shares, and the consortium leader.
- A capable domestic partner with relevant capacity, experience, and reputation — a weak partner sinks the whole consortium.
- Transparent work allocation — each member’s work share must be clearly stated in the bid.
Domestic contractor preferences and implications for imported bids
After Law 90/2025/QH15, Article 10 of the Bidding Law on preferences for domestic contractors remains tight. Chinese companies should factor in:
- Goods of domestic origin enjoy price preferences at evaluation — foreign bidders offering imported goods face a relative disadvantage.
- Bid strategy should consider partial localization of the supply chain (assembly, manufacturing in Vietnam) to improve evaluation scores.
- Read the bidding dossier carefully: preference criteria are quantified per package.
FAQ
Q: Can a Chinese company with no presence in Vietnam bid?
A: Yes, for international bidding — but it must form a consortium with a domestic contractor or use domestic subcontractors, and register on the National Bidding Network System before result approval.
Q: What if we bid internationally without a consortium?
A: Failure to meet point i, clause 1, Article 5 → the bid is eliminated at the eligibility evaluation step.
Q: The dossier requires similar-contract experience in Vietnam; what if we are new?
A: You may rely on the domestic consortium member’s experience, or international experience if the dossier accepts it — read each package’s evaluation criteria carefully.
Legal sources
- Bidding Law 22/2023/QH15 (amended by Law 57/2024/QH15 and Law 90/2025/QH15, effective 1 July 2025), Articles 5, 6, 10 — thuvienphapluat.vn
- Decree 214/2025/ND-CP (effective 4 August 2025, replacing Decree 24/2024/ND-CP) — thuvienphapluat.vn
- Decree 349/2026/ND-CP (effective 9 September 2026) — thuvienphapluat.vn
This article provides general legal information and is not legal advice for any specific case. Content has been reviewed by the AI Legal Council before publication, not by a human lawyer.
Contact FLAT Law Firm
If your company is preparing to bid in Vietnam and needs an eligibility review, consortium agreement drafting, or bidding dossier assessment, contact our lawyers at contact us.