Thông tư 05/2024/TT-BKHĐT quy định về quản lý và sử dụng các chi phí trong lựa chọn nhà thầu, nhà đầu tư trên Hệ thống mạng đấu thầu quốc gia do Bộ Kế hoạch và Đầu tư ban hành

• Số hiệu: 05/2024/TT-BKHĐT
• Loại văn bản: Thông tư
• Nơi ban hành: Bộ Kế hoạch và Đầu tư
• Người ký: Nguyễn Chí Dũng
• Ngày ban hành: 19/04/2024

THE MINISTRY OF PLANNING AND INVESTMENT OF VIETNAM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness -----------
No. 05/2024/TT-BKHDT	Hanoi, April 19, 2024

CIRCULAR

PRESCRIBING MANAGEMENT AND USE OF FEES ASSOCIATED WITH CONTRACTOR AND INVESTOR SELECTION ON VIETNAM E-PROCUREMENT SYSTEM

Pursuant to the Law on Bidding dated June 23, 2023;

Pursuant to the Law on Public-Private Partnership Investment dated June 18, 2020;

Pursuant to the Government’s Decree No. 23/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding selection of investors for projects which require bidding as prescribed by specialized laws;

Pursuant to the Government’s Decree No. 24/2024/ND-CP dated February 27, 2024 elaborating and providing guidelines for implementation of the Law on Bidding regarding contractor selection;

Pursuant to the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021 providing guidelines for implementation of the Law on public-private partnership investment;

Pursuant to the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 elaborating on some Articles of the Law on Bidding regarding investor selection;

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Pursuant to the Government’s Decree No. 89/2022/ND-CP dated October 28, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment of Vietnam;

At the request of the Director General of the Public Procurement Agency; 

The Minister of Planning and Investment of Vietnam promulgates a Circular prescribing the management and use of fees associated with contractor and investor selection on Vietnam E-Procurement System.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope

This Circular provides detailed regulations on management and use of fees associated with contractor and investor selection on Vietnam E-Procurement System (hereinafter referred to as “VNEPS”) as prescribed in the Law on Bidding and the Law on public-private partnership investment.

Article 2. Regulated entities 

1. Organizations and individuals participating in, using or involved in bidding activities on VNEPS.

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Chapter II.

PAYMENT AND COLLECTION PRINCIPLES, FEES, COLLECTORS, MANAGEMENT AND USE OF COLLECTED FEES

Article 3. Payment and collection principles

1. National E-Procurement Centre and e-GP project enterprise shall collect fees, manage and use collected fees as prescribed in this Circular.

2. The collected fees prescribed in clause 1 of this Article shall be used for:

a) paying costs of management, maintenance, operation and development of VNEPS;

b) covering recurrent and investment expenditures of the National E-Procurement Centre in association with management, maintenance, operation and development of VNEPS.

3. The National E-Procurement Centre shall use the collected fees prescribed in clause 1 of this Article in accordance with the financial autonomy mechanism for public administrative units. Differences between revenues and expenses shall be recorded in its funds as prescribed by law.

Article 4. Fees

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The fee for maintaining name and capacity profile of the bidder on VNEPS for 01 year is VND 330.000 (inclusive of VAT). This fee shall be paid from the second year onwards after the year in which the investor completes procedures for becoming a VNEPS participant.

2. Fee for submitting bids on VNEPS shall comply with provisions of point b clause 11 Article 12 of the Government’s Decree No. 24/2024/ND-CP.

3. Fee paid by a winning bidder of a package applying competitive bidding, limited bidding, shopping method or online quotation method under common online bidding procedure shall comply with provisions of point c clause 11 Article 12 of the Government’s Decree No. 24/2024/ND-CP.

4. Fee for connecting electronic bid security function between VNEPS and domestic credit institutions, foreign bank branches duly established under the law of Vietnam, domestic non-life insurers, and branches of foreign non-life insurers duly established under the law of Vietnam shall comply with provisions of point d clause 11 Article 12 of the Government’s Decree No. 24/2024/ND-CP.

Article 5. Collectors

1. The National E-Procurement Centre shall collect the fees prescribed in clauses 1 and 4 Article 4 of this Circular. Account used for collecting fees shall be VND account opened by the National E-Procurement Centre at a commercial bank.

2. e-GP project enterprise shall collect the fees prescribed in clauses 2 and 3 Article 4 of this Circular under the BOT contract for executing the e-GP project. Account used for collecting fees shall be VND account opened by the e-GP project enterprise at a commercial bank.

Article 6. Payment of fees

1. Regarding fee for maintaining name and capacity profile of the bidder or investor on VNEPS:

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b) If a bidder or investor pays the fee for maintaining their name and capacity profile on VNEPS for multiple years (up to 05 years), the fee paid will be gradually deducted for each year. During the period for which the fee has been fully paid, if the account of a bidder or investor on VNEPS is locked for the entire year (from January 01 to December 31 of a year), the remaining amount of fee paid shall be reserved and deducted for the following years after the bidder or investor's account on VNEPS is unlocked;

c) If a bidder is also an investor, the fee for maintaining name and capacity profile on VNEPS shall only be paid in the name of the bidder.

2. The fee for bid submission must be paid within 14 days from the bid opening date.

3. The fee paid by a winning bidder must be paid within 30 days from the day on which the contractor selection result is published on VNEPS. The winning bidder that refuses to sign a contract shall notify the National E-Procurement Centre and e-GP project enterprise within 30 days from the day on which the contractor selection result is published on VNEPS so that the e-GP project enterprise will return the collected fee to the bidder.

Article 7. Management and use of collected fees by National E-Procurement Centre

1. Expenditures:

a) Expenditure on fulfillment of obligations towards state budget;

b) Expenditure on management, supervision, operation and development of VNEPS;

c) Expenditure on management and supervision of e-GP project enterprise;

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dd) Expenditure on communication and international cooperation in online bidding;

e) Expenditure on receipt and processing of applications for participation in VNEPS, application of information technology to bidding, and database management;

g) Expenditure on investment and use of funds shall comply with regulations on exercise of autonomy by public administrative units;

h) Other recurrent and investment expenditures serving the implementation of online bidding.

2. Distribution of financial results and establishment of funds shall comply with autonomy mechanisms and regulations of law.

3. Formulation, approval and modification of annual plans and statements of revenues and expenses:

a) The National E-Procurement Centre shall formulate the plan on revenues and expenses associated with contractor/investor selection on VNEPS using the form in Appendix I enclosed herewith, and submit it to the Management Board of the National E-Procurement Centre (hereinafter referred to as “Management Board”) or include such planned revenues and expenses in the Public Procurement Agency’s cost estimate which is submitted to the Ministry of Planning and Investment of Vietnam for approval (if the Management Board is not yet established).

b) Where any tasks arise, the Management Board or the Public Procurement Agency (if the Management Board is not yet established) shall proactively modify revenues and expenses in Appendix I enclosed herewith, and ensure that such modifications still fall under the approved annual plan for revenues and expenses;

c) The National E-Procurement Centre shall make annual statement of revenues and expenses using the form in Appendix II enclosed herewith, and include such expenses in operating expenses of the Public Procurement Agency.

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RESPONSIBILITIES OF PARTIES

Article 8. Responsibilities of Management Board, Public Procurement Agency, National E-Procurement Centre, and e-GP project enterprise

1. Responsibilities of the Management Board:

Consider approving and modifying the annual plan for revenues and expenses of the National E-Procurement Centre as prescribed in point a clause 3 Article 7 of this Circular.

2. Responsibilities of the Public Procurement Agency:

a) Consolidate the plan for revenues and expenses of the National E-Procurement Centre (if the Management Board is not yet established) and submit it to the Ministry of Planning and Investment of Vietnam for approval as prescribed in point a clause 3 Article 7 of this Circular;

b) Make annual statement of revenues and expenses of the National E-Procurement Centre as prescribed in point c clause 3 Article 7 of this Circular.

3. Responsibilities of the National E-Procurement Centre:

a) Publicly post information on fees, payers and payment method on VNEPS;

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c) Inspect and supervise data on fees collected by the e-GP project enterprise on VNEPS, ensure that fees are properly collected, promptly report violations and propose solutions for handling such violations;

d) Organize collection of fees as prescribed in clause 1 Article 5 of this Circular;

dd) Manage and use collected fees as prescribed in Article 7 of this Circular.

4. Responsibilities of the e-GP project enterprise:

a) Comply with provisions on fee collection as prescribed by laws;

b) Provide adequate information and data on collected fees at the request of the National E-Procurement Centre.

Article 9. Responsibilities of bidders and investors

All bidders and investors must pay fees as prescribed in Article 6 of this Circular. If a bidder or contractor fails to pay the fee by the prescribed deadline, their account will be temporarily locked, and they shall not be allowed to conduct relevant transactions on VNEPS until they fully pays the fee as prescribed.

Chapter IV.

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Article 10. Effect

1. This Circular comes into force from the date on which it is signed.

2. From the effective date of this Circular, the Circular No. 06/2021/TT-BKHDT dated September 30, 2021 of the Minister of Planning and Investment of Vietnam ceases to have effect.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Planning and Investment of Vietnam for consideration./.

MINISTER




Nguyen Chi Dung