Decree 274/2026/ND-CP officially takes effect from 21 August 2026, marking an important shift in the legal framework governing bidding for the selection of investors to implement investment and business projects. Issued by the Government on 7 July 2026 to replace Decree No. 23/2024/ND-CP and Decree No. 115/2024/ND-CP, the new Decree not only provides detailed guidance on the implementation of the Law on Bidding but also contributes to resolving legal conflicts between the 2023 Law on Bidding and the 2024 Land Law.
Against a backdrop of increasingly stringent requirements for sustainable development and transparency, proactively understanding the key regulations will be the golden key to helping businesses optimize their competitive advantages. Join Siglaw Firm as we take a closer look at the important new provisions of Decree No. 274/2026/ND-CP in the article below.
Decree 274/2026/ND-CP New Preferential Mechanism: High Technology, Green Technology & Technology Transfer Criteria
The most notable breakthrough under Decree No. 274/2026/ND-CP is the mechanism for directly adding preferential points during bid evaluation, ranging from 2% to 5%, for investors that can demonstrate technological capabilities and commitments to technology transfer. Specifically, under Article 6 of the Decree:
5% Preference
Under Clause 1, this preference applies to investors that:
– Apply high technology;
– Are innovative start-ups or organizations supporting innovative start-ups recognized by competent authorities; or
– Are high-tech incubators or high-tech enterprise incubators in accordance with the law on high technology.
2% Preference
Pursuant to Clause 1, Article 6, the 2% preference applies to investors that commit to technology transfer or conduct high-tech activities involving technologies or products included in the List of High Technologies promulgated by the Prime Minister, technologies included in the List of Technologies Encouraged for Transfer, or strategic technologies.
Foreign investors that commit to transferring technology to domestic partners are also entitled to this 2% preference.
Accompanying Legal Obligations
Under Clauses 2 and 4, Article 6, investors must submit sufficient documents proving their lawful right to use the relevant technology at the time of bidding. After winning the bid, investors must fully perform the commitments stated in their bids and project contracts.
In other words, a technology commitment is no longer merely an “additional advantage” but has become a binding contractual obligation. Failure to properly perform such commitments may expose investors to sanctions for violations.
Advantage in Ranking
Where investors receive equivalent financial and technical evaluation scores, their capabilities in high technology, green technology, and commitments to technology transfer will become key factors in determining the successful bidder.
New Developments in Investor Selection Documents and Procedures
Compared with the previous regulations, Decree No. 274/2026/ND-CP introduces several significant changes to the assessment of investor capacity and the organization of investor-selection procedures.
Regarding capacity assessment, while the previous regulations primarily focused on financial capacity and experience in implementing similar projects, the new Decree introduces a mechanism for adding 2-5% preferential points based on high-tech capabilities, commitments to technology transfer, and innovation activities.
Regarding projects subject to mandatory bidding, while the previous regulations were scattered across different provisions and contained certain inconsistencies between the Law on Bidding and the Land Law, Article 4 of the new Decree clearly and consistently identifies the categories of investment and business projects for which investor-selection bidding is mandatory, while also clarifying cases that fall outside its scope of application.
Regarding technology transfer commitments, while the previous regulations merely encouraged such commitments in general terms without providing a detailed scoring scale, the new regulations quantify them through specific preference levels (2% or 5%) added directly to the bid evaluation results and make them binding obligations to be fulfilled after the investor wins the bid.
Regarding transparency and procedures, instead of investor-selection procedures being dispersed across multiple legal documents as before, Decree No. 274/2026/ND-CP standardizes the entire sequence and procedures for investor selection, strengthens online bidding through the National E-Procurement System, and provides specific regulations on costs, handling of complaints/recommendations, inspection, supervision, and violations.
Legal Recommendations for Enterprises from Siglaw Firm
In light of the above changes, Siglaw Firm recommends that enterprises and investors proactively review and prepare in the following areas:
First, review and standardize documents proving technological capabilities
Prepare in advance documents proving the lawful right to use the technology, certificates recognizing the entity as a science and technology enterprise or innovative start-up enterprise (if applicable), in order to maximize the applicable 5% or 2% preference when submitting bids.
Second, exercise caution when making technology transfer commitments
Since technology commitments stated in the bid will become mandatory contractual obligations after the investor wins the bid, enterprises should carefully assess their actual ability to fulfill such commitments before making them, thereby avoiding the risk of sanctions or contractual disputes in the future.
Third, correctly determine whether a project is subject to bidding
Compare the proposed project against the criteria set out in Article 4 to accurately determine whether bidding is mandatory, thereby avoiding procedural errors from the investment preparation stage.
Fourth, adapt to online bidding
Proactively familiarize themselves with and prepare the necessary infrastructure and personnel to submit and manage bidding documents on the National E-Procurement System, thereby minimizing risks relating to deadlines and procedures caused by unfamiliarity with the electronic process.
Finally, seek specialized legal advice
For large-value projects or projects involving foreign elements, enterprises should consult lawyers from the stage of preparing bidding documents in order to optimize preferential points while controlling legal risks throughout the project lifecycle – from bidding and contract signing to project implementation and post-implementation review.
Timely understanding and proper application of the new provisions of Decree No. 274/2026/ND-CP will not only help enterprises avoid having their bids rejected at the initial evaluation stage but will also be key to strengthening their competitive advantages in an increasingly demanding bidding environment characterized by greater requirements for transparency, technology, and sustainable development.
If enterprises require specialized advice on reviewing bidding documents, optimizing preferential points, and controlling legal risks in accordance with Decree No. 274/2026/ND-CP, they may contact Siglaw Firm for timely and effective support from its experienced team of lawyers.
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