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MINISTRY OF
PLANNING AND INVESTMENT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
06/2021/TT-BKHDT
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Hanoi, September
30, 2021
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CIRCULAR
ON ELABORATION OF
COLLECTION, PAYMENT, MANAGEMENT, AND USE OF SERVICE CHARGES FOR REGISTRATION,
POSTING INFORMATION, SELECTION OF PREFERRED BIDDERS, INVESTORS ON THE NATIONAL
E-PROCUREMENT SYSTEM, THE VIETNAM PUBLIC PROCUREMENT REVIEW JOURNAL
Pursuant to the Law on Procurement dated
November 26, 2013;
Pursuant to the Law on Public-Private
Partnership Investment dated June 18, 2020;
Pursuant to the Law on Electronic Transactions
dated November 29, 2015;
Pursuant to the Government's Decree No.
63/2014/ND-CP dated June 26, 2014 on guidelines for the Law on Bidding in terms
of selection of preferred bidders;
Pursuant to the Government's Decree No.
86/2017/ND-CP dated July 25, 2017 on functions, tasks, powers and
organizational structure of the Ministry of Planning and Investment;
Pursuant to the Government's Decree No.
25/2020/ND-CP dated February 28, 2020 on elaboration of the Law on Bidding in
terms of selection of preferred investors;
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Pursuant to the Government’s Decree No.
35/2021/ND-CP dated March 29, 2021 on elaboration of and guidelines for the Law
on Public-Private Partnership Investment;
At the proposal of the Director of Public
Procurement Agency,
The Minister of Planning and Investment
promulgates a Circular on elaboration of collection, payment, management, and
use of service charges for registration, posting information, selection of
preferred bidders, investors on the National E-Procurement System, the Vietnam
Public Procurement Review Journal.
Chapter I.
GENERAL PROVISIONS
Article 1. Scope
1. This Circular sets out:
a) Collection, payment, management, and use of
services charges associated with contract packages and projects under the scope
of regulation in Article 1 of the Procurement Law;
b) Collection, payment, management, and use of
services charges mentioned in clause 6 Article 32 of the Government’s Decree
No. 35/2021/ND-CP dated March 29, 2021 on elaboration of and guidelines for the
Law on Public-Private Partnership Investment (hereinafter referred to as Decree
No. 35/2021/ND-CP).
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Article 2. Regulated entities
1. This Circular applies to:
a) Organizations and individuals that register,
post information, select preferred bidders and investors according to Clause 1,
Article 1 of this Circular;
b) Organizations and individuals involved in the
management and operation of the National E-procurement System.
2. Organizations and individuals that are not
regulated in Clause 1, Article 1 of this Circular may choose to apply the
provisions of this Circular for registration, information posting, and
selection of preferred bidders and investors on the National E-procurement
System.
Article 3. Interpretation of terms
1. "The National E-procurement System“
(hereinafter referred to as the System) means an information technology system
which is set up and managed by the Ministry of Planning and Investment in
accordance with Clause 26, Article 4 of the Procurement Law.
2. Vietnam National E-Procurement Center
affiliated to Public Procurement Agency, the Ministry of Planning, and
Investment is the operator of the System as prescribed in Article 75 of the
Procurement Law.
3. ”e-GP project” means a project of
“Application of e-commerce in Government procurement” in the form of
Public-Private Partnerships (PPP), approved by Decision No. 1546/QD-BKHDT dated
October 30th, 2014 of the Minister of Planning and Investment, and Decision No.
2032/QD-BKHDT dated December 23, 2019 of the Minister of Planning and
Investment and other amendments (if any).
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5. “e-GP Project Enterprise” means an
enterprise established by the Contractor of e-GP project in accordance with the
law with the sole purpose of performing the BOT contract of the e-GP project.
6. “Service charges” means the charges
specified in Clause 3, Article 13 of the Procurement Law, Clause 9 Article 9
and Article 86 of Decree No. 63/2014/ND-CP dated June 26, 2014 of the
Government on elaboration of the Procurement Law on selection of preferred
bidders, Clause 6, Article 32 of Decree No. 35/2021/ND-CP.7. “e-Contract”
means a contract formed electronically that is created, sent, received,
digitally signed, and stored on the System and has legal validity in accordance
with the law on electronic transactions.
Chapter II
PRINCIPLES OF RECEIPTS AND PAYMENTS FROM SERVICE
CHARGES, AMOUNTS OF SERVICE CHARGES, COLLECTION, AND PAYMENT OF SERVICE CHARGES
Article 4. Principles of receipts and payments
from service charges
1. Vietnam National E-Procurement Center, the
Vietnam Public Procurement Review Journal, e-GP Project Enterprise shall
collect, manage, and use the service charges in accordance with this Circular
and the BOT contract of e-GP project to render services on the System and the
Vietnam Public Procurement Review Journal.
2. The receipts from service charges shall be used
to perform the following tasks:
a) Manage, maintain, operate, and develop the
System;
b) Post information on procurement, selection of
preferred investors on the System, the Vietnam Public Procurement Review
Journal;
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c) Other obligatory current expenditures and
investment expenditures related to the management, maintenance, operation, and
development of the System of Vietnam National E-Procurement Center and the
Vietnam Public Procurement Review Journal.
3. The receipts from service charges on the System
and the Vietnam Public Procurement Review Journal are used to serve the
operation of the Vietnam National E-Procurement Center and the Vietnam Public
Procurement Review Journal under the financial autonomy mechanism for a public
sector entity.
4. Do not use state budget sources to perform the
tasks specified in Clause 2 of this Article. The difference between
receipts and payments shall be included in the funds in accordance with
applicable law and only used for the tasks specified in Clause 2 of this
Article.
Article 5. Service charge amounts
1. Service charges for selection of preferred
bidders and investors on the System include:
a) System registration charge (a lump-sum payment
upon registration only) is VND 550,000 (VAT included);
b) Maintenance charge for names and qualification
documents of bidders and investors on the System is VND 550,000 per year (VAT
included). The bidders and investors will pay this charge from the second year
onwards after the year of registration to the System;
c) Charge for submission of a bid is VND 330,000
VND for one (1) contract package (VAT included); charge for submission of a
proposal is VND 220,000 for one (1) contract package (VAT included);
d) Charge for the successful bidder is 0.022 per
cent of the successful bid but not exceeding VND 2,200,000 (VAT included). For
a contract package split into several parts or separate lots, the cost of the
successful bidder shall be calculated according to the winning value of each
separate part or lot;
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2. Charge for posting procurement information on
the System, the Vietnam Public Procurement Review Journal:
a) Charge for posting an invitation for bids,
invitation for expression of interest, invitation for pre-qualification
applications is VND 330,000 for one (1) contract package or one (1) project in
one (1) language (VAT included);
b) Charge for posting a notice of proposed
procurement, shortlist is VND 165,000 for one (1) contract package in one (1)
language (VAT included);
Article 6. Collection and payment of service
charges
1. Collection of service charges:
a) Vietnam National E-Procurement Center shall
collect service charges mentioned in points a, b clause 1 Article 5 hereof. The
account used for collection of these service charges is an account in
Vietnamese dong of Vietnam National E-Procurement Center opened at a commercial
bank;
b) The Vietnam Public Procurement Review Journal
shall collect the service charges mentioned in clause 2 Article 5 hereof. The
account used for collection of these service charges is an account in
Vietnamese dong of the Vietnam Public Procurement Review Journal opened at a
commercial bank.
The receipts from charges for posting procurement
information shall be partially transferred by the Vietnam Public Procurement
Review Journal to Vietnam National E-Procurement Center under the Decision of
Minister of Planning and Investment to manage, supervise the upgrade, operation,
and development of the System, ensure the continuous and stable operation in
posting procurement information on the System, the rest shall be used to
perform the function of posting procurement information on the System and the
Vietnam Public Procurement Review Journal;
c) The e-GP Project Enterprise shall, based on the
BOT contract of e-GP project, collect service charges specified at Points c, d,
and dd, Clause 1, Article 5 of this Circular. The starting time of
collection is specified in Clauses 3 and 4, Article 11 of this Circular.
The account used for collection of these service charges is an account in
Vietnamese dong of the e-GP Project Enterprise opened at a commercial bank.
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a) The procuring entity shall pay a charge for
posting procurement information as prescribed in Clause 2, Article 5 of this
Circular within 14 days from the date on which the information is duly posted
by the procuring entity on the System;
b) The bidders shall pay service charges as
prescribed in Clause 1, Article 5 of this Circular as follows:
- As for registration charge, the maximum payment
time is 14 days from the date of approval for registration on the System;
- As for maintenance charge for names and
qualification documents of bidders on the System, the deadline for payment is
before April 1 of each year (except for the year of registration on the
System); the bidder does not have to pay the maintenance charge for name and
qualification documents on the System for a year in which the bidder’s account
status is officially announced to be suspended for the whole year (from January
1 to the end of December 31 of that year);
In case the bidder pays maintenance charges for
names and qualification documents on the System for many years (up to 5 years),
the amount will be deducted accordingly each year; during that time, if the
bidder registers to suspend the account on the System for the whole year (from
January 1 to the end of December 31 of the year of registration), the remaining
prepaid amount will be reserved and automatically deducted from the charges of
the following years after the bidder registers to re-activate the account on
the System;
- As for the charge for submission of a bid or
proposal, the maximum payment time limit is 14 days from the date of bid
opening;
- As for the charge for successful bidder, the
maximum payment time limit is 14 days from the date of signing the contract;
- As for the charge for using e-Contract, the
maximum payment time is 14 days from the date the e-Contract is digitally
signed by the parties on the System. In case the bidder does not choose
to use the e-Contract service, this charge is not levied.
- As for registration charge, the maximum payment
time is 14 days from the date of approval for registration on the System;
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In case the investor pays maintenance charges for
names and qualification documents of bidders and investors on the System for
many years (up to 5 years), the amount will be deducted accordingly each year;
during that time, if the investor registers to suspend the account on the
System for the whole year (from January 1 to the end of December 31 of the year
of registration), the remaining prepaid amount will be reserved and
automatically deducted from the charges of the following years after the
investor registers to re-activate the account on the System.
Chapter III
MANAGEMENT AND USE OF RECEIPTS FROM SERVICE CHARGES
Article 7. Management and use of receipts from
service charges by Vietnam National E-Procurement Center
1. Expenses include:
a) Expenses incurred in performance of obligations
to the state budget;
b) Expenses incurred in management and supervision
of posting information on procurement, selection of investors on the System;
c) Expenses incurred in management, supervision,
operation, and development of the System;
d) Expenses incurred in management and supervision
of e-GP Project Enterprise;
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e) Expenses incurred in communication and
international cooperation on online bidding;
g) Expenses incurred in receipt and processing of
applications for participation in the System, application of information
technology in bidding, database management;
h) Expenses incurred in investment and use of funds
in compliance with regulations on financial autonomy in public sector entities;
i) Other obligatory current expenditures and
investment expenditures for the initiation of online bidding.
2. The distribution of financial performance and
the setting up of funds shall be carried out according to the financial
autonomy mechanism in compliance with applicable laws.
3. Do not use state budget sources to perform the
tasks specified in Clause 1 of this Article. The difference between
receipts and payments shall be included in the funds in accordance with
applicable law and only used for the tasks specified in Clause 1 of this
Article.
4. Preparation, approval, adjustment, and statement
of annual receipts and payments:
a) Vietnam National E-Procurement Center shall
prepare receipt and expenditure plans related to the selection of preferred
bidders and investors on the System; posting information on procurement, selection
of preferred investors according to the items in Appendix I issued with this
Circular, and submit them to the Management Council or aggregate it into the
estimate of the Public Procurement Agency for further submission to the
Ministry of Planning and Investment for approval (if the Management Council has
not been established);
b) In case a task arises, the Management Council or
the Public Procurement Agency (if the Management Council has not been
established) has discretion to adjust receipts and expenditures in Appendix I
issued together with this Circular and is liable for the adjustment within the
approved annual plan, the adjustment is only made within the planning year;
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Article 8. Management and use of services charge
by the Vietnam Public Procurement Review Journal
1. Expenditures include:
a) Expenses incurred in performance of obligations
to the state budget;
b) Expenses incurred in printing the Journal;
c) Expenses incurred in delivery and release of the
Journal nationwide;
d) Expenses incurred to pay the individuals who are
engaged in posting procurement information, including: salaries, allowances,
and other expenses paid to employees as per the law;
dd) Expenses incurred in stationery, office
supplies, communications, electricity, water, information technology and
outsourced services for posting information about procurement;
e) Expenses incurred in procurement, regular
maintenance and repairs, major repairs, warranty, maintenance and upgrade of
the system of assets, machinery and equipment in service of the posting of
procurement information;
g) Expenses incurred in organization and management
of posting and publishing information on procurement;
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2. The distribution of financial performance and
the setting up of funds shall be carried out according to the financial
autonomy mechanism in compliance with applicable laws.
3. Do not use state budget sources to perform the
tasks specified in Clause 1 of this Article. The difference between
receipts and payments shall be included in the funds in accordance with
applicable law and only used for the tasks specified in Clause 1 of this
Article.
4. Preparation, approval, revision, and statement
of annual receipts and payments:
a) The Vietnam Public Procurement Review Journal
shall prepare receipt and expenditure plans related to posting procurement
information on the Vietnam Public Procurement Review Journal according to items
in Appendix I issued herewith, and aggregate them to operational costs of
Public Procurement Agency for submission to the Ministry of Planning and
Investment for approval;
b) In case a task arises, the Public Procurement
Agency has discretion to adjust receipts and expenditures in Appendix I issued
together with this Circular and is liable for the adjustment within the
approved annual plan.
c) The Vietnam Public Procurement Review Journal
shall make a final statement of receipts and expenditures according to the
items in Appendix II issued together with this Circular and aggregate them to
operational costs of Public Procurement Agency.
Chapter IV
RESPONSIBILITIES OF THE PARTIES
Article 9. Responsibilities of the Management
Council of the National Online Procurement Center, the Public Procurement
Agency, the National Online Procurement Center, the Vietnam Public Procurement
Review Journal, the e-GP Project Enterprise
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a) Approve the annual receipt and expenditure plan
of the National Online Procurement Center according to Point a, Clause 4,
Article 7 of this Circular;
b) Adjust the receipt and expenditure plan of the
National Online Procurement Center according to Point b, Clause 4, Article 7 of
this Circular;
c) Report to the superior management agency on the
receipts and expenditures of Vietnam National E-Procurement Center according to
regulations.
2. Public Procurement Agency:
a) Monitor, supervise and manage the performance of
the BOT contract of the e-GP project;
b) Consolidate the annual receipt and expenditure
plans of Vietnam National E-Procurement Center (if a Management Council has not
been established), the Vietnam Public Procurement Review Journal, and submit
them to the Ministry of Planning and Investment for approval in accordance with
Point a, Clause 4, Article 7 and Point a, Clause 4, Article 8 of this Circular;
c) Adjust the annual receipt and expenditure plans
of Vietnam National E-Procurement Center (if a Management Council has not been
established), the Vietnam Public Procurement Review Journal in accordance with
Point b, Clause 4, Article 7 and Point b, Clause 4, Article 8 of this Circular;
d) Finalize receipts and expenditures of Vietnam
National E-Procurement Center and the Vietnam Public Procurement Review Journal
according to Point c, Clause 4, Article 7 and Point c, Clause 4, Article 8 of
this Circular.
3. Vietnam National E-Procurement Center:
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b) Publish on the System information about the name
of the e-GP project, the e-GP Project Enterprise, the time when the e-GP
Project Enterprise begins to collect the service usages, phone number to
receive feedback;
c) Check and monitor the data of collection of the
services charges of the e-GP Project Enterprise on the System, ensure that the
services charges are collected in accordance with regulations, promptly report
violations and propose actions to be taken. Public Procurement Agency shall
request the Ministry of Planning and Investment to take actions against the
violations based on the proposal of Vietnam National E-Procurement Center;
d) Collect the service charges as prescribed at
Point a, Clause 1, Article 6 of this Circular;
dd) Manage and use receipts from service charges
according to Article 7 of this Circular.
4. The Vietnam Public Procurement Review Journal:
a) Collect the service charges as prescribed at
Point b, Clause 1, Article 6 of this Circular;
b) Manage and use receipts from service charges
according to Article 8 of this Circular.
5. e-GP Project Enterprise:
a) Comply with legislation and fully perform the
terms and conditions in the BOT contract of e-GP Project;
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c) Provide sufficient information, data, figures,
and documents at the request of the Ministry of Planning and Investment to
serve the supervision, inspection, and examination of issues related to the
System.
Article 10. Responsibilities of procuring
entities, bidders, investors
1. The procuring entity shall pay the charge for
posting procurement information within the time limit specified at Point a,
Clause 2, Article 6 of this Circular. If the procuring entity fails to
pay the charge upon expiry of the time limit for payment as prescribed, it is
not allowed to post procurement information on the System for subsequent
contract packages until the payment is made as per regulations.
If the procuring entity fails to
pay the charge upon expiry of the time limit for payment as prescribed, it is
not allowed to post procurement information on the System for subsequent
contract packages until the payment is made as per regulations.
2. The bidder shall pay the service charges
mentioned in point b clause 2 Article 6 hereof. Upon expiry of the time limit
for payment, if the bidder does not pay the charge, the bidder’s account on the
System will be changed to a suspended status and the bidder is not allowed to
conduct related transactions on the System until the payment is made as per
regulations.
3. The investor shall pay the service charges
mentioned in point c clause 2 Article 6 hereof. Upon expiry of the time limit
for payment, if the investor does not pay the charge, the investor’s account on
the System will be changed to a suspended status and the investor is not
allowed to conduct related transactions on the System until the payment is made
as per regulations.
Chapter V
IMPLEMENTATION
Article 11. Entry in force
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2. Regulations in Chapter III of Circular No.
11/2019/TT-BKHDT dated December 16, 2019 of the Minister of Planning and
Investment on elaboration of provision and posting of information on
procurement, roadmap for e-selection of preferred bidders, and management and
use of non-refundable bid security and performance security value shall expire
from the effective date of this Circular.
3. The Minister of Planning and Investment shall
issue a Decision on the starting time of collection and items of service charges
for e-GP Project Enterprise according to Point c, Clause 1, Article 5 of this
Circular.
4. The collection of the charge for successful
bidder and use of e-Contract specified at Points d and dd, Clause 1, Article 5
of this Circular shall apply from January 1, 2023 and on the basis of a
decision of the Minister of Planning and Investment.
5. Vietnam National E-Procurement Center will
continue to collect, manage, and use the service charges specified at Point c,
Clause 1, Article 5 of this Circular up to the time when e-GP Project
Enterprise starts to collect the service charges according to Clause 3 of this
Article.
Article 12. Implementation
1. Ministries, ministerial-level agencies,
governmental agencies, People's Committees and agencies involved in registration,
information posting and selection of preferred bidders and investors on the
National E-procurement System, the Vietnam Public Procurement Review Journal
shall, based on the scope of their functions and tasks, organize the
implementation of this Circular.
2. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Planning
and Investment of Vietnamfor guidelines./.
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