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THE MINISTRY OF
FINANCE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 80/2025/TT-BTC
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Hanoi, August 08,
2025
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CIRCULAR
PRESCRIBING
FORMS OF REQUEST FOR PROPOSALS, EVALUATION REPORT, APPRAISAL AND INSPECTION
REPORT, AND REPORT ON PERFORMANCE OF BIDDING ACTIVITIES
Pursuant to the Law on Bidding No. 22/2023/QH15,
as amended by the Law No. 57/2024/QH15, and the Law No. 90/2025/QH15;
Pursuant to the Government’s Decree No.
214/2025/ND-CP dated August 04, 2025 elaborating and providing guidelines for
implementation of the Law on Bidding regarding contractor selection;
Pursuant to the Government’s Decree No.
29/2025/ND-CP dated February 24, 2025 defining functions, tasks, powers and
organizational structure of the Ministry of Finance of Vietnam, as amended by
the Government's Decree No. 166/2025/ND-CP dated June 30, 2025;
At the request of the Director General of the
Public Procurement Agency;
The Minister of Finance of Vietnam promulgates a
Circular prescribing forms of request for proposals, evaluation report,
appraisal and inspection report, and report on performance of bidding
activities.
Article 1. Scope and regulated
entities
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2. This Circular applies to authorities,
organizations and individuals performing or involved in the activities
specified in clause 1 of this Article.
Article 2. Use of Forms and
Appendixes
1. Forms of the request for proposal (RFP) are used
in common direct contracting procedures prescribed in Article 79 of the
Government’s Decree No. 214/2025/ND-CP dated August 04, 2025, including:
a) Form No. 1A used for preparing RFP for a
construction package;
b) Form No. 1B used for preparing RFP for a
procurement of goods package;
c) Form No. 1C used for preparing RFP for a
non-consulting service package;
d) Form No. 1D used for preparing RFP for a
consulting service package.
Regarding packages applying international direct
contracting and packages applying direct procurement method, employers may make
modifications to the RFP forms enclosed herewith provided that they are not
contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.
Regarding mixed packages (EPC, EP, EC, PC) applying
direct contracting method, employers may make modifications to the forms of
online bidding documents for EPC, EP, EC, PC packages enclosed with the
Circular No. 79/2025/TT-BTC dated August 04, 2025 of the Minister of Finance of
Vietnam providing guidelines for provision and publishing of information on contractor
selection and forms of bidding documents on Vietnam National E-Procurement
System (VNEPS) provided that they are not contrary to provisions of the Law on
Bidding and the Decree No. 214/2025/ND-CP.
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a) Form No. 2A used for preparing bid evaluation
reports for non-consulting service packages, procurement of goods packages,
construction packages, mixed packages, medical device hiring or purchasing
packages applying offline limited bidding or competitive bidding under
single-stage one-envelope procedure;
b) Form No. 2B used for preparing bid evaluation
reports for non-consulting service packages, procurement of goods packages,
construction packages, and mixed packages, medical device hiring or purchasing
packages applying offline limited bidding or competitive bidding under
single-stage two-envelope procedure;
c) Form No. 2C used for preparing bid evaluation
reports for consulting service packages applying offline limited bidding or
competitive bidding method.
Regarding reports for evaluation of bids for
packages applying two-stage procedure, expressions of interest (EOI),
prequalification applications or proposals, employers may make modifications to
the evaluation report forms enclosed herewith provided that they are not
contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.
3. Forms of appraisal reports are used for both
online and offline bidding, including:
a) Form No. 3A used for preparing reports on
appraisal of bidding documents;
b) Form No. 3B used for preparing reports on
appraisal of list of technically-responsive bidders for packages applying
single-stage two-envelope procedure, and packages applying common online
quotation procedure;
c) Form No. 3C used for preparing reports on appraisal
of contractor selection results.
Regarding reports on appraisal of bidding documents
for packages applying two-stage procedure, EOI request, prequalification
document, RFPs; appraisal of results of evaluation of EOIs or prequalification
applications; appraisal of list of technically-responsive bidders for packages
applying two-stage procedure; appraisal of contractor selection results for
packages applying two-stage procedure, packages applying online quotation,
direct contracting or direct procurement method, employers may make
modifications to the appraisal report forms enclosed herewith provided that
they are not contrary to provisions of the Law on Bidding and the Decree No.
214/2025/ND-CP.
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a) Form No. 4.1A used for preparing the plan for
periodic inspection of bidding activities;
b) Form No. 4.1B used for preparing a detailed
inspection plan;
c) Form No. 4.2 used for preparing the draft report
on performance of contractor/investor selection tasks;
d) Form No. 4.3 used for preparing report on
inspection of contractor/investor selection;
d) Form No. 4.4 used for preparing conclusion on
inspection of contractor/investor selection;
e) Form No. 4.5 used for preparing reports on
implementation of inspection conclusions.
5. Form No. 5 is used for preparing reports on
performance of bidding activities.
6. Appendixes:
a) Appendix 1: Bid closing record;
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c) Appendix 2B: Record of opening of technical
proposals (for packages applying single-stage two-envelope procedure);
d) Appendix 2C: Record of opening of financial
proposals (for packages applying single-stage two-envelope procedure);
dd) Appendix 3: Inspection decision;
e) Appendix 4: Inspection notice;
g) Appendix 5: Record of announcement of inspection
decision;
h) Appendix 6: Notice of termination of direct
inspection;
i) Appendix 7: Form of commitment.
Regarding request for approval of list of
technically-responsive bidders, decision on approval of list of
technically-responsive bidders, contract negotiation record (if any), and
decision on approval of contractor selection result for packages applying
offline bidding procedure, employers may make modifications to the
corresponding forms in Appendixes enclosed herewith the Circular No.
79/2025/TT-BTC, provided that they are not contrary to provisions of the Law on
Bidding and the Decree No. 214/2025/ND-CP.
7. In the case prescribed in point e clause 2
Article 78 of the Decree No. 214/2025/ND-CP, the direct contracting method
applies to the construction packages under projects or procurement cost
estimates of the same employer or another employer. A construction package is
considered to have its scale and nature similar to a package which has been
executed adopting competitive bidding or selective bidding method if:
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b) The value of the package in question does not
exceed 200% of the contract value (including the contract value after
modifications are made) of the construction package for which a contract has
been signed, in case an independent bidder or consortium bidder is directly
contracted; or the value of the package in question does not exceed 200% of the
value of construction tasks of the construction package for which a contract
has been signed undertaken by the consortium member under the signed contract,
in case this consortium member is directly contracted.
An independent bidder or consortium bidder
executing the construction package for which a contract has been signed is
considered eligible for direct contracting as prescribed in point e clause 2
Article 78 of the Decree No. 214/2025/ND-CP when all finished construction tasks
have been tested and accepted under terms and conditions of the signed
contract. A consortium member executing the construction package for which a
contract has been signed is considered eligible for direct contracting as
prescribed in point e clause 2 Article 78 of the Decree No. 214/2025/ND-CP when
all construction tasks undertaken and finished by that consortium member have
been tested and accepted under terms and conditions of the signed contract.
8. If any modifications to the RFP form specified
in clause 1 of this Article are deemed necessary, the entity in charge of
formulating, appraising (if any) and approving the RFP must ensure that such
modifications are appropriate to the requirements of the package, and are not
contrary to provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.
Such modifications and reasons thereof must be clearly specified in the request
for approval of RFP submitted to the employer. In any case, the employer must
ensure that the selected bidder shall meet capacity and experience
requirements, and have appropriate technical solutions for executing the
package on the schedule and in a manner meeting quality requirement and other
requirements set forth in the RFP.
Article 3. Authorities and
organizations in charge of submitting reports on performance of bidding
activities
1. The Ministry of Finance of Vietnam shall
annually submit consolidated report on performance of bidding activities
nationwide to the Prime Minister of Vietnam.
2. Ministries, ministerial agencies, Governmental
agencies, other central-level authorities, provincial-level People's
Committees, and other authorities and organizations that are the regulated
entities in Article 2 of the Law on Bidding shall submit annual reports on
performance of bidding activities in provinces, fields or sectors under their
management on VNEPS or submit written reports to the Ministry of Finance of
Vietnam if information confidential requirements are imposed.
3. Provincial-level Departments of Finance, and
units tasked with managing bidding activities shall assist Ministries,
ministerial agencies, Governmental agencies, other central-level authorities,
provincial-level People's Committees, and other authorities and organizations
in expediting and preparing annual consolidated reports on performance of
bidding activities by employers and procuring entities in provinces, fields or
sectors under their management.
4. Employers and procuring entities shall submit
reports on performance of bidding activities to the agencies and units
prescribed in clause 3 of this Article through VNEPS.
Article 4. Time limits for
submitting reports on bidding activities
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2. Ministries, ministerial agencies, Governmental
agencies, other central-level authorities, provincial-level People's
Committees, and other organizations shall submit reports on VNEPS by February
01 of the year following the reporting period. If this deadline falls on a
weekly day off or public holiday as defined in the Labour Code, it shall be
extended to the next business day after the day off or the public holiday.
3. Employers and procuring entities shall submit
annual reports on their performance of bidding activities by the deadlines set
by provincial-level Departments of Finance or units tasked with managing
bidding activities.
Article 5. Transition
1. Regarding decisions on inspection of bidding
activities issued before the effective date of this Circular, the inspection
shall be carried out according to such decisions and provisions of the Circular
No. 23/2024/TT-BKHDT dated December 31, 2024 of the Minister of Planning and
Investment of Vietnam prescribing forms of request for proposals, evaluation
report, appraisal and inspection report, and report on performance of bidding
activities.
2. If the deadline for submission of proposals, as
defined in an issued RFP, falls before the effective date of this Circular, the
contractor selection shall be carried out according to the issued RFP but
signing of contract and management of performance of the signed contract shall
comply with provisions of the Law on Bidding and the Decree No. 214/2025/ND-CP.
3. If the RFP for a package has been issued before
the effective date of this Circular and the deadline for submission of
proposals has not yet passed, the employer shall consider making decision
adopting any of the following options:
a) Continue the contractor selection according to
the issued RFP as prescribed in clause 2 of this Article; or
b) Make modifications to the issued RFP to organize
the contractor selection according to provisions of this Circular.
4. From the effective date of this Circular, if the
bidding documents for a package which is subject to the scope of application of
the Circular No. 12/2022/TT-BKHDT, the Circular No. 15/2022/TT-BKHDT are yet to
be prepared, or have been prepared and approved but not yet issued, and are
found to have contents unconformable with or contrary to provisions of clause 3
and clause 4 Article 6 of this Circular, such bidding documents must be
prepared, or modified, and approved in accordance with provisions of the
Circular No. 12/2022/TT-BKHDT, the Circular No. 15/2022/TT-BKHDT, clause 3 and
clause 4 Article 6 of this Circular. If the bidding documents for the package
have been issued before the effective date of this Circular, the contractor
selection shall continue to be carried out according to the issued bidding
documents.
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1. This Circular comes into force from August 08,
2025.
2. The Circular No. 23/2024/TT-BKHDT shall cease to
have effect from the effective date of this Circular.
3. Some contents of Section 5.3 Chapter III - Bid evaluation
criteria of Form No. 02 enclosed with the Circular No. 12/2022/TT-BKHDT dated
June 30, 2022 of the Minister of Planning and Investment of Vietnam, and
Section 5.3 Chapter III - Bid evaluation criteria of Form No. 02 enclosed with
the Circular No. 15/2022/TT-BKHDT dated June 30, 2022 of the Minister of
Planning and Investment of Vietnam are amended as follows:
a) The phrase “Sử dụng thang điểm 100 hoặc 1.000”
(Use a scale of 100 or 1.000 points”) is replaced with the phrase “Sử dụng
thang điểm T” (“Use T-point scale”);
b) Step 5 is amended as follows:
“Step 5. Determine the price score:
The price score is determined on the basis of the
bid price after error correction and deviation adjustment, and subtraction of
discounts (if any), excluding taxes, fees and charges. To be specific:
Price scoreunder
evaluation= (Glowest x T) / Gunder evaluation
Where:
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- Glowest: bid price that, after error
correction and deviation adjustment, and subtraction of discounts (if any), is
lowest among bidders that undergo financial evaluation;
- Gunder evaluation: the bid price after
error correction, deviation adjustment and subtraction of discounts (if any) of
the financial proposal under evaluation.
- T: maximum technical score.”
4. The phrase “theo thang điểm 100 hoặc 1.000”
("using a scale of 100 or 1.000 points”) in Section 3 Chapter III - Bid
evaluation criteria of Form No. 01 and Form No. 02 enclosed with the Circular
No. 15/2022/TT-BKHDT is abrogated.
5. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Finance
of Vietnam for consideration and guidance./.
PP. MINISTER
DEPUTY MINISTER
Nguyen Duc Tam
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