Conditions for Abbreviated Direct Appointment After Contract Finalization under Decree 214/2025/ND-CP
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Based on:Nghị định số 214/2025/NĐ-CP Điều 78; Điều 80 - Ministry of Finance
This explanation was generated by AI and checked by an automated AI review, not by a human expert. It is not legal, tax or accounting advice and may contain errors. Check the official document before you rely on it.
The Ministry of Finance answered a query about the conditions under which a contractor may be proposed for abbreviated direct appointment (chi dinh thau rut gon) after contract finalization, given that Decree 214/2025/ND-CP does not spell out such conditions explicitly as it does for ordinary direct appointment (Article 79, clause 3(c)). The response directs practitioners to Article 80 of Decree 214/2025/ND-CP for the abbreviated direct-appointment procedure, and to Article 78 of the same Decree for the eligible circumstances. The abbreviated procedure must be matched to one of the qualifying circumstances in Article 78 — there is no separate, standalone set of eligibility conditions for the abbreviated track beyond those two provisions.
Guidance on Abbreviated Direct Appointment — Articles 78 and 80 of Decree 214/2025/ND-CP
Question
Decree 214/2025/ND-CP does not explicitly state the conditions for abbreviated direct appointment as it does for ordinary direct appointment (Article 79, clause 3(c)). How should the eligibility conditions be determined for the abbreviated track after contract finalization?
Official Guidance
- Abbreviated direct appointment follows the procedure in Article 80 of Decree 214/2025/ND-CP
- Eligibility conditions are drawn from Article 78 of Decree 214/2025/ND-CP (circumstances permitting direct appointment)
- The procuring entity identifies which circumstance in Article 78 applies, then follows the corresponding abbreviated procedure under Article 80
- No separate eligibility conditions exist specifically for abbreviated direct appointment after contract finalization beyond those two articles
Practical Note
Decree 214/2025/ND-CP supersedes earlier procurement regulations. Where explicit guidance is absent, the general principle is to apply the procedure article (Article 80) and reference the eligibility circumstances in the corresponding general article (Article 78).