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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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