NEW CONTRACTOR SELECTION REGULATIONS TAKE EFFECT FROM SEPTEMBER 9, 2026

Price quotations exceeding 30% of the average may be excluded

One of the notable changes concerns the collection and determination of prices for goods and services.

Under the new regulations, procuring entities must obtain at least one quotation and are encouraged to collect multiple quotations. Requests for quotations must be posted on the Vietnam National E-Procurement System, while interested suppliers must submit their quotations through the system within at least three working days from the date the request is published.

Where two or more quotations are available, the procuring entity may use the average quoted price as the basis for price determination. Notably, if a quotation or an individual item in a quotation is more than 30% higher or lower than the average price, the procuring entity may exclude that quotation or item before recalculating the average.

Previously, Decree No. 214/2025/ND-CP also required at least one quotation and encouraged the collection of multiple quotations, but did not provide a mechanism for excluding quotations with price differences exceeding 30%.

The time allowed for receiving quotations has also been shortened. Instead of the previous minimum of five days, the new regulation sets the standard period at at least three working days from the date the request for quotations is posted.

In addition, Decree 349 introduces a mechanism to protect the procuring entity from liability where it has fully complied with the prescribed procedures but the supplier subsequently violates regulations governing quotations.

Additional cases eligible for direct contracting

Decree No. 349/2026/ND-CP also expands the circumstances under which direct contracting may be applied.

For bid packages where a notice of invitation to bid, invitation for expression of interest, or invitation for prequalification has already been published but no contractor can ultimately be selected, direct contracting may be considered in situations such as:

• No contractor submits a bid, expression of interest, or prequalification application;
• All submitted bids fail to meet the requirements of the bidding documents;
• Participating contractors fail to meet the requirements necessary to perform the package.

The new regulations also add several cases involving specific requirements relating to professional expertise, technical capabilities, technology, or supply markets, including:

• Procurement packages involving goods acquired through liquidation, dissolution, or bankruptcy proceedings;
• Goods purchased through transactions on commodity exchanges.

Higher thresholds for direct contracting

Another notable amendment is the increase in the value thresholds for packages eligible for direct contracting.

The revised thresholds are as follows:

The adjustment broadens the scope for applying direct contracting to appropriately sized packages while reducing the time required for contractor selection where the applicable conditions are satisfied.

Threshold for small-value procurement doubled

Decree 349 also doubles the threshold at which agencies and units may independently decide on procurement, from VND 50 million to VND 100 million.

Accordingly, for procurement packages or individual procurement items valued at no more than VND 100 million, the head of the procuring agency or unit is responsible for making the procurement decision based on the principles of cost efficiency and effectiveness, while assuming responsibility for that decision.

These procurements are not required to meet the conditions specified in Clause 2, Article 79, nor are they required to follow the full procedure under Clause 3, Article 80. However, sufficient invoices and supporting documents must still be maintained in accordance with applicable regulations. Alternatively, the entity may follow the shortened direct contracting procedure.

The change is intended to simplify procedures for routine, small-value procurement needs while reducing the time and costs associated with contractor selection.

New rules for handling certain bidding situations

Decree No. 349/2026/ND-CP also introduces additional provisions for dealing with certain situations arising in both online and offline bidding.

One notable situation concerns a bid package with only one participating contractor whose bid generally meets the requirements but fails to satisfy the technical specifications for certain ordinary, commonly used goods that are readily available on the market.

If the total value of these goods does not exceed 1% of the package price, the procuring entity may consider allowing the contractor to supplement or replace them. The price of the supplemented or replacement goods must not exceed the unit price originally offered by the contractor.

The new regulations also address situations where the evaluation process is prolonged, causing the validity period of a bid, proposal, or bid security to expire.

In such cases, the procuring entity may request the contractor to reinstate the validity of the relevant bid or proposal and corresponding bid security. If the contractor declines or refuses to reinstate the validity, its bid or proposal will no longer be considered for evaluation, but the contractor will not be subject to penalties for a bidding violation under applicable bidding regulations.

Key implications for procuring entities and contractors

With changes covering quotations, direct contracting, procurement thresholds, and the handling of specific bidding situations, Decree No. 349/2026/ND-CP provides greater flexibility while simplifying certain contractor selection procedures.

For procuring entities, strict compliance with quotation procedures, information disclosure requirements, and document retention remains essential to ensuring legal accountability throughout the procurement process.

Contractors and suppliers, meanwhile, should familiarize themselves with the updated requirements, particularly those concerning quotation submissions through the Vietnam National E-Procurement System and the validity of bidding documents.

Decree No. 349/2026/ND-CP takes effect from September 9, 2026.