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MINISTRY OF
NATIONAL DEFENSE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
141/2025/TT-BQP
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Hanoi, December
12, 2025
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CIRCULAR
ELABORATING
AND GUIDING CERTAIN CONTENTS ON BIDDING ACTIVITIES WITHIN THE MANAGEMENT SCOPE
OF THE MINISTRY OF NATIONAL DEFENSE
Pursuant to Law on Bidding No. 22/2023/QH15
dated June 23, 2023, amended and supplemented by Law No. 57/2024/QH15 and Law
No. 90/2025/QH15;
Pursuant to Government’s Decree No.
24/2024/ND-CP dated February 27, 2024 on elaboration of and measures for
implementation of the Law on Bidding on elaboration of and measures for
implementation of the Bidding Law regarding contractor selection;
Pursuant to Government’s Decree No.
186/2025/ND-CP dated July 1, 2025 elaborating regulations on some Articles of
the Law on Management and Use of Public Property;
Pursuant to Government’s Decree No.
165/2016/ND-CP dated December 24, 2016 on the management and use of state
budget for certain activities in national defense and security, as amended and
supplemented by Decree No. 01/2020/ND-CP dated May 14, 2020;
Pursuant to Government’s Decree No.
01/2022/ND-CP dated November 30, 2022 on functions, tasks, powers, and organizational
structure of the Ministry of National Defence, as amended and supplemented by
Decree No. 03/2025/ND-CP dated February 28, 2025;
At the request of the Director of Finance
Department/Ministry of National Defence;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular elaborates and guides certain
contents on bidding activities within the management scope of the Ministry of
National Defense, including:
a) Prepare and approve overall contractor selection
plans and contractor selection plans;
b) Perform contractor selection, international
bidding, and management of foreign contractors;
c) Disclose information on bidding and online
bidding;
d) Prepare, appraise, and approve EOI requests,
prequalification documents, bidding documents, request for proposals (RFPs);
results of evaluation of EOIs, prequalification applications, list of
technically-responsive bidders, contractor selection results;
dd) Centralized procurement, procurement of drugs,
chemicals, testing supplies, and medical equipment;
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g) Inspection, supervision, and handling of bidding
activities.
2. For combat works, shooting ranges, training
grounds, cases applying contractor selection methods as per the Bidding Law
shall comply with the provisions of this Circular.
3. This Circular shall not apply to the procurement
of special assets through import negotiation.
Article 2. Regulated entities
This Circular applies to agencies, entities,
organizations, enterprises, and individuals participating in or relevant to
bidding activities within the scope of management of the Ministry of National
Defence.
Article 3. Interpretation of
terms
In this Circular, terms below are construed as
follows:
1. Competent person refers to the person who makes
investment decisions for project; the head of superior agency of the project
owner for procurement estimates as prescribed by laws.
2. Focal units under the Ministry of National
Defense, including: The General Staff, the General Political Department, and
General Departments; Military regions, corps, services; the Government Cipher
Committee; Vietnam Coast Guard; and commands: Ho Chi Minh Mausoleum Defense
Command, Hanoi Capital Command, Cyberspace Operations Command, Artillery and
Missile Command; Vietnam Russia Tropical Centre, Academies, Schools, Hospitals,
Enterprises affiliated to the Ministry of National Defense.
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PREPARATION AND APPROVAL
FOR CONTRACTOR SELECTION PLANS
Article 4. Preparation,
submission, and approval of overall contractor selection plan for projects
1. Depending on the project bidding's scale and nature,
the project owner or the agency assigned to prepare the project (if the project
owner has not been appointed) (hereinafter referred to as "project owner”)
shall report to the competent authority for submission to the Minister of
National Defense for consideration of overall contractor selection plan and
approval of investment policy of the project or submission to the competent
person for consideration of overall contractor selection plan when submitting
the project for approval.
If the Minister of National Defense or the
competent person approves the overall contractor selection plan, the
project owner shall create the plan using the documents specified in Clause 2
Article 16 of Decree No. 214/2025/ND-CP dated August 4, 2025 on elaboration of
and measures for implementation of the bidding law regarding contractor
selection (hereinafter referred to as “Decree No. 214/2025/ND-CP”).
2. Content of the overall plan for selecting
contractors shall comply with the provisions of Clause 3 Article 36 of Law on
Bidding No. 22/2023/QH15 and Article 17 of Decree No. 214/2025/ND-CP. The
project owner may hire a consultant to make an overall contractor selection
plan for the project in case the project owner's personnel are not qualified to
do that.
3. For projects under the approval authority of the
Minister of National Defence, the project owner shall prepare and report to the
Head of focal unit under the Ministry of National Defense (where the project
owner is not a focal unit under the Ministry of National Defense) for approval
of overall contractor selection plan concurrently or independently with the
project approval submission; the Minister of National Defense shall approve the
overall contractor selection plan after the project is approved.
4. For projects under the approval authority of the
Head of a focal unit under the Ministry of National Defense, the project owner
the agency assigned to prepare the project Defense (where the project
owner is a focal unit under the Ministry of National Defense) shall prepare and
submit the overall contractor selection plan concurrently or independently with
the project approval submission; the Head of focal unit under the Ministry of
National Defense shall approve the overall contractor selection plan after the
project is approved.
Article 5. Preparation of
contractor selection plan
1. Rules for preparing contractor selection plan
shall comply with Article 37 of Law on Bidding No. 22/2023/QH15; the contractor
selection plan shall covers the entire project or procurement cost estimate
when all conditions are sufficient, otherwise, the contractor selection plan
shall be prepared for one or some packages.
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3. Contents of contractor selection plan shall
comply with Article 29 of Law on Bidding No. 22/2023/QH15, Clause 21 Article 4
of Law No. 57/2024/QH15 and Clause 45 Article 1 of Law on amendments to Law on
bidding, Law on public-private partnership investment, Law on customs, Law on
value-added tax, Law on export and import duties, Law on investment, Law on
public investment, and Law on management and use of public property
(hereinafter referred to as “Law No. 90/2025/QH15”). Contents of the contractor
selection plan must ensure compliance with the overall contractor selection
plan (if any); any differences shall be reported to the competent authority in
accordance with Clause 4 Article 16 of Decree No. 214/2025/ND-CP.
4. Package prices and grounds for determining
package prices shall comply with Article 8 of Decree No. 214/2025/ND-CP.
Article 6. Approval for
contractor selection plan
1. Application for approval of the contractor
selection plan for a project shall comply with Clause 1 Article 40 of Law on
bidding No. 22/2023/QH15 and point a Clause 22 Article 1 of Law No.
90/2025/QH15.
2. Application for approval of the contractor
selection plan for a procurement cost estimate shall comply with Clause 1
Article 41 of Law on Bidding No. 22/2023/QH15 and point a Clause 23 Article 1
of Law No. 90/2025/QH15.
3. The project owner shall organize preparation and
approval of the contractor selection plan for a project/procurement cost
estimate in accordance with Clause 2 Article 40 of Law on Bidding No.
22/2023/QH15 and points b and c Clause 22, points b and c Clause 23 Article 1
of Law No. 90/2025/QH15
Article 7. Contractor selection
methods and applicable conditions
1. Competitive bidding: Comply with Article 21 of
Law on Bidding No. 22/2023/QH15 and Clause 45 Article 1 of Law No.
90/2025/QH15.
2. Limited bidding: Comply with Article 22 of Law
on Bidding No. 22/2023/QH15 and Clause 13 Article 1 of Law No. 90/2025/QH15.
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4. Shopping: Comply with Article 24 of Law on
Bidding No. 22/2023/QH15; Clause 15 Article 1 of Law No. 90/2025/QH15; Article
81 of Decree No. 214/2025/ND-CP.
5. Direct procurement: Comply with Article 25 of
Law on Bidding No. 22/2023/QH15.
6. Self-execution: Comply with Article 26 of Law on
Bidding No. 22/2023/QH15.
7. Contractor selection in special circumstances:
Comply with Article 29 of Law on Bidding No. 22/2023/QH15; Clause 8 Article 4
of Law No. 57/2024/QH15; Clause 16 Article 1 Law No. 90/2025/QH15; Article 84
of Decree No. 214/2025/ND-CP.
8. Community participation: Comply with Article 27
of Law on Bidding No. 22/2023/QH15.
9. Price negotiation: Comply with Article 28 of Law
on Bidding No. 22/2023/QH15.
10. Order placement: Comply with Article 17 of Law
No. 90/2025/QH15; Article 106 of Decree No. 214/2025/NĐ-CP.
11. Task assignment for supplying
products/services: Comply with Article 32 of Law No. 90/2025/QH15; Article 112
of Decree No. 214/2025/NĐ-CP.
12. Online quotations: Comply with Article 99 and
Article 100 of Decree No. 214/2025/NĐ-CP.
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Article 8. Contractor selection
procedures
1. Single-stage one-envelope procedure shall comply
with Article 30 of Law on Bidding No. 22/2023/QH15; Clause 9 Article 4 of Law
No. 57/2024/QH15; Clause 18 Article 1 of Law No. 90/2025/QH15.
2. Single-stage one-envelope procedure shall comply
with Article 31 of Law on Bidding No. 22/2023/QH15; Clause 10 Article 4 of Law
No. 57/2024/QH15; Clause 19 Article 1 of Law No. 90/2025/QH15.
3. Two-stage one-envelope procedure shall comply
with Article 32 of Law on Bidding No. 22/2023/QH15; Clause 46 Article 1 of Law
No. 90/2025/QH15.
4. Two-stage two-envelope procedure shall comply
with Article 33 of Law on Bidding No. 22/2023/QH15; Clause 46 Article 1 of Law
No. 90/2025/QH15.
Article 9. Modifications of
contractor selection plan
1. Modifications of contractor selection plan shall
comply with the provisions of Clause 3 Article 140 of Decree No.
214/2025/ND-CP.
2. In case of modifications to certain contents of
approved contractor selection plan, only the modifications should be prepared,
submitted, and approved. If any modifications to the project timeline arise
during the package execution, the contractor selection plan is not required to
modify.
Article 10. Bidding in advance
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Chapter III
CONTRACTOR SELECTION;
INTERNATIONAL BIDDING AND MANAGEMENT OF FOREIGN CONTRACTORS
Article 11. Contractor
selection process and duration
1. Contractor selection process shall comply with
Article 43 of Law on Bidding No. 22/2023/QH15 (amended in Clause 25 Article 1
Law No. 90/2025/QH15);
2. Contractor selection duration shall comply with
Article 45 of Law on Bidding No. 22/2023/QH15 (amended in Clause 27 Article 1
Law No. 90/2025/QH15);
Article 12. Procedures for
offline competitive bidding, limited bidding for non-consulting, goods
procurement, construction, mixed packages
1. Procedures for offline competitive bidding,
limited bidding for non-consulting, goods procurement, construction, mixed
packages under single-stage method:
a) Procedures for offline competitive bidding,
limited bidding for non-consulting, goods procurement, construction, mixed
packages under single-stage and one-envelope, single-stage and two-envelope
shall comply with Article 24 and Article 36 of Decree No. 214/2025/ND-CP;
b) Contractor selection applying
offline competitive bidding, limited bidding for non-consulting, goods
procurement, construction, mixed packages under single-stage and one-envelope,
single-stage and two-envelope shall comply with Article 28 and Article 40 of
Decree No. 214/2025/ND-CP;
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a) Preparation for bidding, preparation for bidding
in first stage under offline competitive bidding, limited bidding for
non-consulting, goods procurement, construction, mixed packages under two-stage
and one-envelope, two-stage and two-envelope shall comply with Articles 47, 48,
53, and 54 of Decree No. 214/2025/ND-CP;
b) Preparation for bidding, preparation for bidding
in second stage under offline competitive bidding, limited bidding for
non-consulting, goods procurement, construction, mixed packages under two-stage
and one-envelope, two-stage and two-envelope shall comply with Articles 50 and
56 of Decree No. 214/2025/ND-CP;
Article 13.
Offline competitive bidding, limited bidding for consulting packages
1. Detailed procedures for offline competitive
bidding, limited bidding for consulting packages applicable to corporate
bidders shall comply with Article 61 of Decree No. 214/2025/ND-CP.
2. Selection of individual consultants under
offline competitive bidding, limited bidding for consulting packages shall
comply with Article 73 of Decree No. 214/2025/ND-CP.
Article 14. Direct contracting
procedures
1. Procedures for direct contracting shall comply
with Article 78 of Decree No. 214/2025/ND-CP.
2. Detailed procedures for direct contracting:
a) Ordinary procedures for direct contracting shall
comply with Article 79 of Decree No. 214/2025/ND-CP;
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Article 15. Contractor
selection applying shopping, direct procurement, self-performance, community
participation, online quotations, and online procurement
1. Shopping procedures shall comply with Article 81
of Decree No. 214/2025/ND-CP.
2. Direct procurement procedures shall comply with
Article 82 of Decree No. 214/2025/ND-CP.
3. Self-performance procedures shall comply with
Article 83 of Decree No. 214/2025/ND-CP.
4. Eligibility of residential communities, unions,
and worker group in local areas and process for selecting bidders applying
to packages with community participation shall comply with Article 86 and
Article 87 of Decree No. 214/2025/ND-CP.
5. Ordinary online quotation process shall comply
with Article 101 of Decree No. 214/2025/ND-CP; shortened online quotation
process shall comply with Article 102 of Decree No. 214/2025/ND-CP.
6. Online procurement process shall comply with
Article 104 of Decree No. 214/2025/ND-CP.
7. Order placement process shall comply with
Article 109 of Decree No. 214/2025/ND-CP.
Article 16. Contractor
selection in special circumstances
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2. Procedures for contractor selection in special
cases shall comply with Article 85 of Decree No. 214/2025/ND-CP.
Article 17. International
bidding
1. The organization of international bidding for
contractor selection shall comply with Clause 1 Â 11 of Law on Bidding No.
22/2023/QH15.
2. Eligibility of foreign bidders shall comply
with Article 5 of Law on Bidding No. 22/2023/QH15, Clause 2 Article 4 of Law
No. 57/2024/QH15, and Clause 4 Article 1 of Law No. 90/2025/QH15.
Language and currencies of bid shall comply with Clause 2 Article 12 and
Clause 2 Article 13 of Law on Bidding No. 22/2023/QH15.
3. Incentives in contractor selection for
international bidding shall comply with Article 10 of Law on Bidding No.
22/2023/QH15, points a, b, c, d, and dd Clause 7 Article 1 of Law No.
90/2025/QH15 and Article 7 of Decree No. 214/2025/ND-CP.
4. Contractor selection duration shall comply with
Article 45 of Law on Bidding No. 22/2023/QH15 (amended in Clause 27 Article 1
Law No. 90/2025/QH15);
5. Contractor selection methods for international
bidding shall comply with provisions of Articles 21 to 29 of Law on Bidding No.
22/2023/QH15, Clause 8 Article 4 of Law No. 57/2024/QH15, and Clause 16 Article
1 of Law No. 90/2025/QH15. The contractor selection process shall comply with
Article 43 of Law on Bidding No. 22/2023/QH15 (amended and supplemented by
Clause 25 Article 1 of Law No. 90/2025/QH15).
6. For packages involving goods procurement,
construction, consulting services, non- consulting services applying the
international bidding method, the project owner shall amend templates of
bidding documents enclosed with Circulars provides guidance on implementation
of Government’s Decree No. 95/2020/ND-CP dated August 24, 2020 guiding the
implementation of procurement under the Comprehensive and Progressive
Trans-Pacific Partnership Agreement (amended and supplemented by Decree No.
90/2022/ND-CP dated January 12, 2022), ensuring compliance with the provisions
of the Law on Bidding and Decree No. 214/2025/ND-CP.
Article 18. Management of
foreign bidders
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Chapter IV
DISCLOSURE OF INFOMATION
ON BIDDING AND ONLINE BIDDING
Article 19. Information
disclosure and information security in bidding
1. Information, provision and disclosure of bidding
information shall comply with Article 7 and Article 8 of Law on Bidding No.
22/2023/QH15, and Clauses 6 and 50 Article 1 of Law No. 90/2025/QH15.
2. Information regarding the contract performance
and quality of used goods, disclosure of contractor selection information shall
comply with Article 20 and Article 22 of Decree No. 214/2025/ND-CP.
3. Information regarding contractor selection for
projects, procurement estimates, packages, and related documents containing
content classified as state secrets shall not be disclosed in accordance with
Clause 3 Article 7 of Law on Bidding No. 22/2023/QH15 (amended and supplemented
by Clause 6, Article 1 of Law No. 90/2025/QH15). For packages requiring
confidentiality, parties must comply with regulations on the protection of
state secrets. Bidding documents, proposals must specify: Measures to ensure
the confidentiality of information regarding packages, commitment not to use
the contractor selection results and contracts for preparing similar contracts
and capacity conditions when participating in bidding for other packages of
other project owners; in cases where it is necessary to prove capacity with
similar contracts that require confidentiality, the bidder must report and
obtain written permission from the competent person.
Article 20. Online bidding
1. Depending on the package's scale and nature, the
project owner shall, within their authority, decide to organize the contractor selection
via electronic means in accordance with Clause 1 Article 50 of Law on Bidding
No. 22/2023/QH15.
2. Cases where the bidding is not conducted on
VNEPS prescribed in Clause 5 Article 50 of Law on Bidding No. 22/2023/QH15
shall comply with Clause 1 Article 98 of Decree No. 214/2025/ND-CP.
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1. Online contractor selection roadmap shall comply
with the provisions of Article 50 of Law on Bidding No. 22/2023/QH15 and Clause
10 Article 98 of Decree No. 214/2025/ND-CP.
2. Online contractor selection process shall comply
with Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9 Article 98 Decree No. 214/2025/ND-CP.
3. E-documents on VNEPS are valid according to the
law on electronic transactions, serving as a basis for comparison,
verification, and authentication of information for evaluation, assessment,
inspection, and auditing purposes.
Chapter V
PREPARATION, APPRAISAL,
AND APPROVAL OF EOI REQUESTS, PREQUALIFICATION DOCUMENTS, BIDDING DOCUMENTS,
RFPS; RESULTS OF EVALUATION OF PREQUALIFICATION APPLICATIONS, LIST OF
TECHNICALLY-RESPONSIVE BIDDERS, CONTRACTOR SELECTION RESULTS, AND CONTRACTS
Article 22. Preparation,
appraisal, and approval of EOI requests, prequalification documents, bidding
documents, RFPs; results of evaluation of prequalification applications, list
of technically-responsive bidders, and contractor selection results
1. EOI requests, prequalification documents,
bidding documents, and RFPs shall be prepared and submitted for approval as
follows:
a) EOI requests, prequalification documents,
bidding documents, and RFPs prepared by expert teams shall comply with Clause 1
Article 80 of Law on Bidding No. 22/2023/QH15; contents thereof shall comply
with point a Clause 3 Article 79, Point a Clause 1 Article 81 and Point a
Clause 2 Article 82 of Decree No. 214/2025/ND-CP.
b) Forms of EOI requests, prequalification
documents, bidding documents, online quotations, and online procurement shall
comply with Circular No. 79/2025/TT-BTC dated August 4, 2025 of the Minister of
Finance providing guidelines for provision and publishing of information on
bidding and forms of bidding documents on Vietnam National E-Procurement; RFP
form shall comply with Circular No. 80/2025/TT-BTC dated August 08, 2025 of the
Minister of Finance prescribing forms of request for proposals, evaluation
report, appraisal and inspection report, and report on performance of bidding
activities;
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2. The project owner shall appraise and approve the
list of technically-responsive bidders in accordance with Clause 5 Article 42,
Article 58, Clause 4 Article 69, and Clauses 1 and 3 Article 136 of Decree No.
214/2025/ND-CP;
3. The project owner shall appraise and approve
contractor selection results in accordance with Article 33 of Decree No.
214/2025/ND-CP
Article 23. Contracts used in
contractor selection
1. Contracts used in contractor selection shall
comply with Articles 64, 65, 66, 67, 68, 69 and 70 of the Bidding Law No.
22/2023/QH15 and Clause 37 Article 1 of Law No. 90/2025/QH15; Article 113, 114,
115, 116, 117, 118, 119, 120 and 121 of Decree No. 214/2025/NĐ-CP.
2. Conditions for signing of contract shall comply
with Articles 66 and 67 of the Bidding Law No. 22/2023/QH15, ensuring a strict
compliance with the type of contract, package execution duration as approved in
the contractor selection plan stipulated in Article 65 of the Bidding Law No.
22/2023/QH15; the completion and signing of the contract shall comply with
Article 34 of Decree No. 214/2025/ND-CP, and other relevant regulations of the
State of Vietnam and the Ministry of National Defense.
3. Upon fulfilling obligations under the signed
contract or contract termination/cancellation as per laws, the contract must be
finalized. Contract finalization shall comply with Article 121 of Decree
No. 214/2025/NĐ-CP.
Chapter VI
CENTRALIZED PROCUREMENT;
PROCUREMENT OF DRUGS, CHEMICALS, TESTING SUPPLIES, AND MEDICAL EQUIPMENT
Article 24. Centralized
procurement
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2. Principle of centralized procurement shall
comply with Article 89 of Decree No. 214/2025/ND-CP.
3. The list of assets for centralized procurement
shall be issued by the Minister of National Defense, including: Goods,
services, drugs, chemicals, testing materials, and medical equipment (excluding
goods and services in the list of nationally centralized procurement issued by
the Minister of Health, Minister of Finance stipulated in points a and b Clause
2 Article 53 of Law on Bidding No. 22/2023/QH15).
Article 25. Authority and
responsibility in centralized procurement
1. The Minister of National Defense shall decide
the units to organize centralized procurement at the level of Ministry of
National Defense.
2. The superiors of the centralized procurement
unit shall carry out the responsibilities of competent persons as stipulated in
Article 77 of Law on Bidding No. 22/2023/QH15 and Clause 45, Clause 46 of Article
1 of Law No. 90/2025/QH15.
3. The centralized procurement unit shall fulfill
the responsibilities of the project owner as stipulated in Article 78 of the
Bidding Law No. 22/2023/QH15 and Article 90 of Decree No. 214/2025/ND-CP.
Article 26. Framework agreement,
procedures for centralized procurement
1. The framework agreement and its content in
centralized procurement shall comply with Article 54 of the Bidding Law No.
22/2023/QH15 and Article 92 of Decree No. 214/2025/ND-CP.
2. The centralized procurement process shall comply
with Article 89 of Decree No. 214/2025/ND-CP.
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1. The procurement of drugs, chemicals, testing
supplies, and medical equipment shall comply with bidding laws and regulations
of the Ministry of Health.
2. Regarding the bidding for drugs used in medical
examination and treatment at military medical facilities/units shall comply
with this Circular, not required to comply with Chapter II of Circular No. 40/2025/TT-BYT
dated October 25, 2025 of the Minister of Health on bidding for drugs at public
health facilities.
Chapter VII
HANDLING OF
SITUATIONS/PETITIONS IN BIDDING
Article 28. Handling of
situations in bidding
1. The handling of situations in bidding shall
comply with Article 88 of the Bidding Law No. 22/2023/QH15.
2. The handling situations in online and offline
bidding shall comply with Article 140 of Decree No. 214/2025/ND-CP.
Article 29. Handling of
petitions in bidding
1. The handling of petitions in bidding shall
comply with Article 89 of the Law on Bidding No. 22/2023/QH15 and Articles 137,
138 and 139 of Decree No. 214/2025/ND-CP and this Circular;
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b) The resolution of petitions against the
disclosure of contractor selection results carried out by the project owner and
Council in charge of petition resolution shall comply with points a and b
Clause 2 Article 138 of Decree No. 214/2025/ND-CP;
c) The head of agency/unit/enterprise shall issue
conditions and procedures for resolution of petitions within their unit in the
cases stipulated in Clause 7, Article 138 of Decree No. 214/2025/ND-CP.
2. The content of Instructions to bidders in
bidding documents or RFPs must indicate complete information on name,
address, and telephone number of the competent person and standing assistance
departments of the chairperson of the Council in charge of petition resolution
stipulated in Article 30 and Article 31 of this Circular; organization or
individual responsible for supervisory duties (if any).
Article 30. Establishment and
operation of the Council in charge of petition resolution of the Ministry of
National Defense
1. The establishment of the Council in charge of
petition resolution of the Ministry of National Defense
a) The Council in charge of petition resolution of
the Ministry of National Defense established by the Department of Finance/
Ministry of National Defense shall resolve petitions for all packages under
projects, procurement estimates managed by the Ministry of National Defense as
the project owner.
b) The operation of the Council in charge of
petition resolution of the Ministry of National Defense shall comply with
Clause 3 Article 139 of Decree No. 214/2025/ND-CP;
c) The standing assistance department of the
chairperson of the Council in charge of petition resolution is the Procurement
Management Division affiliated to the Department of Finance/ Ministry of
National Defense. The standing department performs administrative tasks as
prescribed by the Council's Chairperson; receives and manages expenses
submitted by petitioning bidders in accordance with point c Clause 2 Article
139 of Decree No. 214/2025/ND-CP;
2. The Council in charge of petition resolution of
the Ministry of National Defense consists of:
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b) Council members include representatives from
relevant agencies as determined by the Chairman of the Council based on the
nature and content related to the project, procurement estimate, and the
package subject to the petition (based on the nature of the petitioned package,
the Chairman of the Council may invite representatives from relevant
professional associations and experts).
c) The Chairman of the Council uses the seal of the
Department of Finance/ Ministry of National Defense; members use the seal of
their agency/unit during task implementation process.
Article 31. Council in charge
of petition resolution of focal units affiliated to the Ministry of National
Defense
1. Establishment and operation of the Council in
charge of petition resolution of focal units affiliated to the Ministry of
National Defense
a) The Council in charge of petition resolution at
the focal units affiliated with the Ministry of National Defense, proposed to
establish by the Finance Department/Division of the focal unit under the
Ministry of National Defense, shall resolve petitions for packages under
projects invested by their own level, procurement estimates managed themselves
as the project owner, and packages whose project owners are agencies or units
within their management scope, except for the packages specified in point a
Clause 1Article 30 of this Circular;
b) The operation of the Council in charge of
petition resolution at the focal units affiliated to the Ministry of National
Defense shall comply with Clause 3 Article 139 of Decree No. 214/2025/ND-CP;
c) The standing assistance department of the
chairperson of the Council in charge of petition resolution at the focal units
affiliated with the Ministry of National Defense is their finance divisions.
The finance division performs administrative tasks as prescribed by the
Council's Chairperson; receives and manages expenses submitted by petitioning
bidders in accordance with point c Clause 2 Article 139 of Decree No.
214/2025/ND-CP;
2. The Council in charge of petition resolution of
focal units affiliated to the Ministry of National Defense consists of:
a) The Chairman of the Council in charge of
petition resolution at the focal units affiliated with the Ministry of National
Defense is the Head of such focal unit.
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c) The Chairman of the Council uses the seal of the
agency/unit where the he/she works; members use the seal of their agency/unit
during task implementation process.
Chapter VIII
INSPECTION, EXAMINATION,
SUPERVISION, AND HANDLING OF VIOLATIONS IN BIDDING ACTIVITIES
Article 32. Inspection,
examination, and supervision of bidding activities within the Ministry
of National Defense
1. Inspection of bidding activities shall be
conducted for organizations, individuals engaged in bidding activities
stipulated in the Bidding Law No. 22/2023/QH15.
2. Inspection of bidding activities shall comply
with Clause 7 Article 77 of Law on Bidding No. 22/2023/QH15 (as amended and
supplemented in point a Clause 43 Article 1 of Law No. 90/2025/QH15; Articles
122, 123, 124, 125, 126, 127, 128, 129, and 130 of Decree No. 214/2025/ND-CP
and the following regulations:
a) Inspection of bidding activities within the
Ministry of National Defense shall be conducted annually according to the
annual plan prepared by the Finance Department/Ministry of National Defense,
reported to the Minister of National Defense for approval with the annual
inspection and supervision plan of the Ministry of National Defense.
b) Inspection of bidding activities of the focal
units affiliated to the Ministry as per annual plan: The Head of the focal unit
affiliated to the Ministry of National Defense assigns a agency to develop and
submit for approval an inspection plan to organize the bidding inspection of
packages within the management scope;
c) Ad hoc inspections shall be conducted upon
request by the competent person or agency responsible for bidding management
within the Ministry of National Defense;
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3. Supervision of bidding activities within the
Ministry of National Defense shall be carried out in accordance with Clause 3
Article 86 of the Bidding Law No. 22/2023/QH15 (amended, supplemented at point
b, point c, Clause 43 Article 1 of Law No. 90/2025/QH15); Article 131 and
Article 132 of Decree No. 214/2025/ND-CP.
a) The Finance Department/Ministry of National
Defense shall supervise bidding activities for projects, procurement estimates
under the jurisdiction of the Minister of National Defense, the general
supervision of bidding activities in accordance with Clause 2 Article 132 of
Decree No. 214/2025/ND-CP.
b) The Head of the focal unit affiliated to the
Ministry of National Defense, the project owner assigns a person working at the
Finance Division (or financial agency) who has expertise in bidding and works
independently from the project owner or an expert team to supervise bidding
activities for the project/procurement estimate within its management scope.
Article 33. handling of
violations
1. Handling of violations of bidding laws shall
comply with Clauses 1 and 2 Article 87 of Law on Bidding No. 22/2023/QH15.
2. The authority to decide on the prohibition of
participation in bidding activities shall comply with Clause 3 Article 87 of
Bidding Law No. 22/2023/QH15 (amended, supplemented at Clause 53 of Law No.
90/2025/QH15). To be specific:
a) The Minister of National Defense shall issue
decisions to prohibit violating organizations, individuals as stipulated in the
Bidding Law from participating in bidding activities within the management
scope;
b) The Head of the focal unit affiliated to the
Ministry of National Defense or the project owner shall issue decisions to
prohibit violating organizations, individuals as stipulated in the Bidding Law
from participating in bidding activities within his/her management scope when
he/she is the competent person or the superior of the competent person as
prescribed in this Circular.
3. A decision on prohibition from
participating in bidding activities must be sent to the violating organization
or individual and relevant authorities and organizations; and also be published
on VNEPS. In cases specified in point b Clause 2 of this Article, such decision
must be sent to the Ministry of National Defense (through the Finance
Department/Ministry of National Defense) for monitoring and consolidation.
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RESPONSIBILITIES OF
RELEVANT PARTIES; RESPONSIBILITIES OF AGENCIES, UNITS, INDIVIDUALS
PARTICIPATING IN BIDDING ACTIVITIES
SECTION 1. RESPONSIBILITIES OF
RELEVANT PARTIES PARTICIPATING IN BIDDING ACTIVITIES
Article 34. Responsibilities
of competent persons
1. A competent person must fulfill the
responsibilities stipulated in Article 77 of Law on Bidding No. 22/2023/QH15
(amended in Clauses 45 and 46 Article 1 Law No. 90/2025/QH15).
2. He/she must not abuse positions or entrusted
power to influence or illegally intervene in bidding process in any form as
stipulated in Clause 2 Article 16 of Law on Bidding No. 22/2023/QH15.
Article 35. Responsibilities
of project owners, expert teams, appraising teams, and bidders
1. An project owner must fulfill the
responsibilities stipulated in Article 78 of Law on Bidding No. 22/2023/QH15
(amended in Clause 38 Article 1 of Law No. 90/2025/QH15).
2. The expert team/appraising team must fulfill the
responsibilities stipulated in Article 80 and Article 81 of Law on Bidding No.
22/2023/QH15 (amended in Clauses 50 and 52 Article 1 of Law No. 90/2025/QH15).
Capacity and experience requirements for expert teams and appraisal
teams shall comply with Article 21 of Decree No. 214/2025/ND-CP.
3. Bidders participating in bidding activities
within the management scope of the Ministry of National Defense shall fulfill
their responsibilities as prescribed in Article 82 of the Bidding Law No.
22/2023/QH15 (amended and supplemented by Clauses 41 and 51 of Article 1 of Law
No. 90/2025/QH115) and Article 141 of Decree No. 214/2025/ND-CP.
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Article 38. Finance
Department/Ministry of National Defense
1. The Finance Department/Ministry of National
Defense shall perform the state management in bidding activities within the
Ministry of National Defense; assist the Minister of National Defense in
organizing state management of bidding activities within the Ministry of
National Defense, including:
a) Advise the Central Military Commission of
Vietnam, the Minister of National Defense on bidding activities within the
management scope;
b) Take charge in preparation and submission for
issuance of legislative documents on bidding under the management authority of
the Ministry of National Defense;
c) Take charge in organization of inspections,
monitoring of bidding activities according to Clause 2, Clause 3 Article 86 of
Bidding Law No. 22/2023/QH15 and points a, b, c Clause 43 Article 1 of Law No.
90/2025/QH15;
d) Establish, manage the bidding database of the
Ministry of National Defense; lead the consolidation and report on the
implementation of bidding activities of the Ministry of National Defense as per
laws.
dd) Disseminate legislative documents and policies
on bidding within the Ministry of National Defense;
e) Provide guidance, monitor, and consolidate the
results of bidding activities within the Ministry of National Defense as per
laws.
2. Take charge and cooperate with relevant
agencies, units to organize guidance, training, retraining, and professional
training on bidding for agencies, units within the Ministry of National
Defense.
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Article 37. Financial agencies
at various levels
The Finance Division (or financial agency) of
agencies, units according to devolution shall take charge in inspecting and
supervising bidding activities in accordance with Clause 2; points a, d of
Clause 3 of Article 86 of the Bidding Law No. 22/2023/QH15 and Article 131 of
Decree No. 214/2025/ND-CP; advise the head of unit or coordinate with the
project owner to resolve petitions on bidding activities within the management
scope
Article 38. Inspectorate of
the Ministry of National Defense
The Inspectorate shall conduct inspections in
bidding activities of organizations, individuals participating in bidding
activities within the management scope of the Ministry of National Defense in
accordance with Clause 1 Article 86 of the Bidding Law No. 22/2023/QH15 and
inspection laws.
Article 39. Organizations of
Legal Affairs in the Military
1. Department of Legal Affairs of the Ministry of
National Defense shall
a) Cooperate with the Finance Department/Ministry
of National Defense in guiding, monitoring the legal enforcement in bidding
activities; examine the legal aspects of the draft bidding contract approved by
the Minister of National Defense for contractor selection or contract signing;
provide legal advice on handling of violations within the management scope of
the Ministry of National Defense;
b) Provide guidance to lower-level legal
organizations on legal aspects of the draft bidding contract approved by the
head of the agency or unit for contractor selection or contract signing.
2. The organization of legal affairs in an
agency/unit shall advise the head of agency/unit on legal aspects of the draft
contract approved by the head of the agency or unit for contractor selection or
contract signing.
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1. Military Security Department/General Political
Department
a) Provide guidance, instruction on protecting
state secrets in bidding activities within the management scope of the Ministry
of National Defense; direct and ensure security for projects, procurement
estimates, packages requiring state secret protection within the management
scope of the Ministry of National Defense; assess and determine the
confidentiality level of packages under the approval authority of the Minister
of National Defense.
b) Assess the security of non-military enterprises
participating in projects, estimates, packages subject to direct contracting
under the approval of contractor selection plan of the Minister of National
Defense.
2. Security protection agencies at different levels
shall comply with points a and b Clause 1 of this Article within the scope of
their management.
Article 41. Agencies, units in
the Ministry of National Defense
1. Implement and comply with the laws on bidding
and this Circular.
2. Proactively propose solutions for issues arising
during the implementation of the Law on Bidding, guiding documents, and
regulations on bidding within the management scope of the Ministry of National
Defense to the Finance Department/Ministry of National Defense for
consolidation and submission to the Minister of National Defense for review and
amendments, or report to the competent authority for consideration and
resolution in accordance with laws.
3. Organize dissemination of legislative documents
on bidding within their agencies, units;
4. Send annual/ad-hoc report on bidding activities
within the management scope to the Ministry of National Defense (through the
Finance Department/Ministry of National Defense) as per laws.
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Chapter X
TRANSITION CLAUSES,
EFFECT
Article 42. Transition clauses
1. Content approved before the effective date of
this Circular shall comply with Article 10 of Law No. 90/2025/QH15.
2. Authority to resolve petitions
a) For cases of resolving petitions arising before
the effective date of this Circular, the provisions of Circular No.
05/2021/TT-BQP dated January 12, 2021 shall apply;
b) For cases of resolving petitions arising after
the effective date of this Circular, this Circular shall apply.
Article Effect
1. This Circular comes into force from the date on
which it is signed.
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3. In case the documents referred to herein are
amended or superseded, the new documents shall be applied.
Article 44. Implementation
1. The Chief of General Staff, the Chairman of the
General Department of Politics, and heads of agencies, units,
organizations, and individuals relevant to bidding activities within the
management scope of the Ministry of National Defense shall implement this
Circular.
2. The Director of the Finance Department/Ministry
of National Defense shall organize the implementation of this Circular./.
PP. MINISTER
DEPUTY MINISTER
Colonel General Vu Hai San