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THE MINISTRY OF
FINANCE OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 98/2025/TT-BTC
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Hanoi, October
27, 2025
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CIRCULAR
PRESCRIBING
FORMS OF BIDDING DOCUMENTS FOR SELECTION OF INVESTORS EXECUTING PUBLIC-PRIVATE
PARTNERSHIP PROJECTS AND BUSINESS INVESTMENT PROJECTS; PROVISION AND PUBLISHING
OF INFORMATION ON PUBLIC-PRIVATE PARTNERSHIP INVESTMENT, AND BIDDING FOR
INVESTOR SELECTION ON VIETNAM NATIONAL E-PROCUREMENT SYSTEM
Pursuant to the Law on Bidding No. 22/2023/QH15,
as amended by the Law No. 57/2024/QH15, and the Law No. 90/2025/QH15;
Pursuant to the Law on Public-Private
Partnership Investment No. 64/2020/QH14, as amended by the Law No. 03/2022/QH15,
the Law No. 57/2024/QH15, and the Law No. 90/2025/QH15;
Pursuant to the Government’s Decree No.
115/2024/ND-CP dated September 16, 2024 elaborating and providing guidelines
for implementation of the Law on Bidding regarding selection of investors
executing investment projects involving land use, as amended by the
Government’s Decree No. 225/2025/ND-CP dated August 15, 2025;
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, as amended by
the Government’s Decree No. 225/2025/ND-CP dated August 15, 2025;
Pursuant to the Government’s Decree No. 180/2025/ND-CP
dated July 01, 2025 introducing mechanisms and policies for public-private
collaboration in fields of science, technology, innovation and digital
transformation;
Pursuant to the Government’s Decree No.
243/2025/ND-CP dated September 11, 2025 elaborating the Law on Public-Private
Partnership Investment;
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Pursuant to the Government’s Decree No. 29/2025/ND-CP
dated February 24, 2025 defining functions, tasks, powers and organizational
structure of the Ministry of Finance of Vietnam, as amended by the Government's
Decree No. 166/2025/ND-CP dated June 30, 2025;
At the request of the Director General of the
Public Procurement Agency;
The Minister of Finance of Vietnam promulgates a
Circular prescribing forms of bidding documents for selection of investors
executing public-private partnership projects and business investment projects;
provision and publishing of information on public-private partnership
investment, and bidding for investor selection on Vietnam National
E-Procurement System.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular introduces regulations on:
1. Forms of bidding documents for selection of
investors executing public-private partnership (PPP) projects and business
investment projects.
2. Provision and publishing of information on PPP
investment, and bidding for investor selection on Vietnam National E-Procurement
System.
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1. Organizations and individuals involved in
investor selection subject to the scope prescribed in Article 1 of this
Circular.
2. Organizations and individuals carrying out
investor selection which is not subject to the scope of the Law on Bidding may
apply provisions of this Circular at their discretion. If they wish to apply
provisions of this Circular, procedures for provision and publishing of
information shall be followed according to the User Manual on Vietnam
National E-Procurement System.
Article 3. Definitions
1. Vietnam National E-Procurement System (hereinafter
referred to as “VNEPS”), National Enterprise Registration Information
System, digital certificates used on VNEPS, User Manual, and task-specific
account are construed according to clauses 1, 2, 6, 7 and 10 Article 3 of
the Circular No. 79/2025/TT-BTC dated August 04, 2025 of the Minister of
Finance of Vietnam providing guidelines on provision and publishing of
information on bidding and forms of bidding documents on VNEPS (hereinafter
referred to as “Circular No. 79/2025/TT-BTC”).
2. Electronic document means a document or
piece of information that is successfully sent, received and stored on VNEPS,
including:
a) Decision on investment policies for or decision
on approval of PPP project;
b) Decision on approval of investment policies for
a business investment project (for a project whose investment policies require
approval in accordance with regulations of the Law on Investment) or written
approval of project information (for a project whose investment policies do not
require approval);
c) Investor selection progress schedule for a
business investment project; shortlist (for a business investment project
applying limited bidding method);
d) Invitation for Expression of Interest (EOI) or
invitation for bid;
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e) Consortium agreement;
g) Bid opening record;
h) Invitation for EOI result; list of technically
responsive investors; investor selection result;
i) Clarifications or modifications to EOI request,
applications for project execution, bidding documents, bids; petitions for
consideration of issues concerning investor selection result;
k) Other documents in electronic format exchanged
on VNEPS.
3. Invalid information means information
published on VNEPS by any of the entities prescribed in Article 2 of this
Circular against regulations of the Law on PPP investment, the Law on Bidding,
specialized sector/industry law and other relevant laws.
4. VNEPS participant means an authority or
organization that applies for participation in VNEPS in one or some of the
following roles:
a) Competent authority, contracting authority;
b) Procuring entity, EOI requester;
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d) Agencies, organizations or units of or affiliated
to Ministries, ministerial agencies, central-government authorities, other
authorities, provincial-level People's Committees; commune-level People’s
Committees.
5. Participant account means an account
granted by Vietnam National E-Procurement Center to a VNEPS participant for
playing one or some of the roles specified in clause 4 of this Article.
Article 4. Preparation of
interest survey, bidding documents and request for proposals for PPP projects
1. Procuring entities/expert teams shall prepare
interest surveys, bidding documents and request for proposals for PPP projects
in accordance with provisions of the Law on Public-Private Partnership
Investment (hereinafter referred to as “PPP Law”), the Government’s Decree No.
243/2025/ND-CP dated September 11, 2025 elaborating the Law on Public-Private
Partnership Investment (hereinafter referred to as “Decree No.
243/2025/ND-CP”), the Government’s Decree No. 257/2025/ND-CP dated October 08,
2025 elaborating the implementation of projects under Build-Transfer Contracts
(hereinafter referred to as “Decree No. 257/2025/ND-CP”), guidelines for PPP
investment of Ministries and ministerial agencies (if any), and relevant laws
as follows:
a) Interest surveys shall be prepared using the
form in Appendix I enclosed herewith;
b) Discussion items on bidding documents for a
project applying competitive negotiation shall be prepared using the form in
Appendix II enclosed herewith;
c) Bidding documents shall be prepared using the
form in Appendix III enclosed herewith;
d) Request for proposals for a project applying
standard procedures for direct appointment of investor shall be prepared using
the form in Appendix IV enclosed herewith.
2. Regarding a project applying simplified
procedures for direct appointment of investor:
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The investor’s capital arrangement capacity shall
be evaluated according to provisions on capacity evaluation set out in Section
2 Chapter II Part 1 of Appendix IV enclosed herewith.
The conformity of contents of the draft contract
shall be evaluated on the basis of the contents of the draft contract
prescribed in Part 3 of Appendix III enclosed herewith, Appendix III enclosed
with the Decree No. 243/2025/ND-CP, and Articles 14, 16 of Decree No.
257/2025/ND-CP.
b) After a decision on approval of the project and
the result of direct appointment of investor is issued, the procuring entity
shall set out capacity, financial-commercial requirements as prescribed in
point a clause 3 Article 56 of the Decree No. 243/2025/ND-CP, point a clause 3
Article 10 of the Decree No. 257/2025/ND-CP, as a basis for conducting the
contract negotiation and finalization as follows:
Capacity requirements are set out on the basis of
updated information on the investor's eligibility, equity arrangement capacity
and capacity to raise borrowed capital under the project approval decision.
Financial-commercial requirements are set out
according to provisions on financial-commercial evaluation set out in Section 4
Chapter II Part 1 of Appendix IV enclosed herewith.
3. Regarding a project applying investor selection
in special circumstances, requirements concerning the investor’s financial
capacity and conditions for project execution are set out on the basis of the
form of the request for proposal in Appendix IV enclosed herewith.
4. In the forms provided in Appendixes I, II, III
and IV enclosed herewith, italicized text provides instructions and
illustrative provisions and shall be specified in detail in bidding documents,
request for proposal according to the scale, nature, field or sector and
specific conditions (if any) of each project.
Article 5. Preparation of
invitation for EOI, EOI request, bidding documents and request for proposal for
business investment projects
1. EOI requesters, procuring entities and expert
teams shall prepare invitation for EOI, and bidding documents and request for
proposal in accordance with provisions of the Law on Bidding, the Government’s
Decree No. 23/2024/ND-CP dated February 27, 2024 elaborating and providing
guidelines for implementation of Law on Bidding regarding selection of
investors for projects which require bidding as prescribed by specialized
sector or industry laws (hereinafter referred to as “Decree No.
23/2024/ND-CP”), the Government’s Decree No. 115/2024/ND-CP dated September 16,
2024 elaborating some articles of and introducing measures for implementing the
Law on Bidding regarding selection of investors executing investment projects
involving land use (hereinafter referred to as “Decree No. 115/2024/ND-CP”), guidelines
given by supervisory ministries (if any) and relevant laws as follows:
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b) Bidding documents for projects applying
competitive bidding or limited bidding under single-stage one-envelope
procedure are made using the form in Appendix VI enclosed herewith;
c) Bidding documents for projects applying
competitive bidding under single-stage two-envelope procedure are made using
the form in Appendix VII enclosed herewith;
d) Request for proposals for a project applying
standard procedures for direct appointment of investor as prescribed in point a
clause 1 Article 44d of the Decree No. 115/2024/ND-CP shall be prepared using
the form in Appendix VIII enclosed herewith;
dd) Bidding documents for business investment
projects in electricity field shall be prepared according to specific
guidelines given by the Ministry of Industry and Trade of Vietnam.
2. For a project applying simplified procedures for
direct appointment of investor as prescribed in point b clause 1 Article 44d of
the Decree No. 115/2024/ND-CP, requirements concerning capacity and land use
efficiency, investment efficiency in sector/industry/local development are set
out on the basis of the form of the request for proposal in Appendix VIII
enclosed herewith.
3. Regarding a project applying investor selection
in special circumstances, requirements concerning the investor’s financial
capacity and conditions for project execution are set out on the basis of the
form of the request for proposal in Appendix VIII enclosed herewith.
4. Regarding a project applying two-stage
one-envelope procedure, bidding documents are made using the form of bidding
documents in Appendix VI enclosed herewith.
5. In the forms provided in Appendixes V, VI, VII
and VIII enclosed herewith, italicized text provides instructions and
illustrative provisions and shall be specified in detail in EOI request,
bidding documents, request for proposal according to the scale, nature, field
or sector and specific conditions (if any) of each project.
Chapter II
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Article 6. Rules for provision
and publishing of information on VNEPS
1. Formats of attached files; technical actions
against out-of-control VNEPS failure; account management and use of digital
certificates; sending and receipt of electronic documents on VNEPS; IT
infrastructure conditions shall comply with corresponding provisions of
Articles 5, 6, 7, 8 and 9 of the Circular No. 79/2025/TT-BTC.
2. VNEPS operating unit shall discharge its
responsibilities as prescribed in Article 52 of the Law on Bidding, Article 25
of the Circular No. 79/2025/TT-BTC and corresponding responsibilities for
provision and publishing of information on VNEPS as prescribed herein.
Article 7. Project information
and investor interest survey
1. For PPP projects:
Competent authorities shall publish or assign their
affiliated agencies, organizations or units to publish information on projects,
accompanied with decisions on investment policies, decisions on adjustment of
investment policies (if any), project approval decisions, decisions on approval
for modification of project (if any) on VNEPS before initiating the investor
selection process as prescribed in point a clause 2 Article 3 of the Decree No.
243/2025/ND-CP.
b) Competent authorities shall publish or assign
their affiliated agencies, organizations or units to publish notices of
investor interest survey on VNEPS. Such investor interest surveys shall be
carried out in accordance with provisions of Article 20 of the Decree No.
243/2025/ND-CP.
2. For business investment projects:
a) For projects whose investment policies require
approval:
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b) For projects whose investment policies do not
require approval:
Ministries, ministerial agencies, provincial-level
People's Committees, economic zone management boards shall assign their
affiliated agencies, organizations or units or commune-level People’s
Committees to publish information on business investment projects on VNEPS
before conducting bidding for investor selection as prescribed in point c
clause 1 Article 11 of the Decree No. 115/2024/ND-CP, point c clause 1 Article
10 of the Decree No. 23/2024/ND-CP.
Article 8. Investor selection
progress schedule for business investment projects
Ministries, ministerial agencies, provincial-level
People's Committees, economic zone management boards shall assign their
affiliated agencies, organizations or units or commune-level People’s
Committees to publish investor selection progress schedules on VNEPS before
conducting bidding for investor selection as prescribed in clause 5 Article 12
of the Decree No. 115/2024/ND-CP, clause 5 Article 11 of the Decree No.
23/2024/ND-CP.
Article 9. Issuance,
modification and clarification of EOI request; extension of deadline for
submission of applications for project execution for business investment
projects
1. Issuance:
a) EOI request shall be issued free of charge at
the same time as the invitation for EOI on VNEPS. The EOI requester must attach
the decision on approval of EOI request and the approved EOI request to its
published invitation for EOI;
b) The EOI requester shall not be allowed to issue
the physical copy of the EOI request. The physical copy issued by the EOI
requester to investors shall not be considered as valid grounds for preparation
and evaluation of applications for project execution.
2. Modification:
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b) Such modifications must be made within the time
limit prescribed in clause 3 Article 39 of the Decree No. 23/2024/ND-CP, clause
3 Article 40 of the Decree No. 115/2024/ND-CP.
3. Clarification:
a) An investor requiring clarification of the EOI
request shall send its request for clarification to the EOI requester via VNEPS
at least 05 working days before the deadline for submission of applications for
project execution;
b) The EOI requester shall publish its response to
the investor’s request for clarification of EOI request on VNEPS at least 02
working days before the deadline for submission of applications for project
execution;
c) Clarifications to the EOI request must not be
contrary to the contents of the EOI request published on VNEPS. Should the
clarifications to the EOI request result in changes to the EOI request, the
modification of the EOI request shall be subject to provisions of clause 2 of
this Article.
4. Extension of deadline for submission of
applications for project execution:
If the deadline for submission of applications for
project execution needs to be extended, the EOI requester shall publish the
extension notice and decision on approval of such extension on VNEPS.
Reasons for extension and the new deadline must be clearly indicated in
such extension notice.
Article 10. Shortlist for
business investment projects applying limited bidding method
The procuring entity shall publish the approved shortlist
and the decision on approval of such shortlist on VNEPS in conformity with the
investor selection progress schedule.
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1. Invitation for bid:
a) For a project applying competitive negotiation,
the letters of invitation for bid are sent to all shortlisted investors; such a
letter of invitation for bid must clearly indicate the time and location for
issuance of bidding documents, bid closing and bid opening time;
b) For a project applying competitive bidding, the
procuring entity shall publish the invitation for bid on VNEPS as prescribed in
point b clause 2 Article 3 of the Decree No. 243/2025/ND-CP;
c) For a project applying international investor
selection, the procuring entity shall publish the invitation for bid in both
English and Vietnamese on VNEPS as prescribed in point b clause 2 Article 3 of
the Decree No. 243/2025/ND-CP and on the website of relevant Ministry,
central-government authority, other authority, supervisory ministry, or
provincial-level People’s Committee (if any) or on an English newspapers
published in Vietnam.
2. Issuance of bidding documents:
a) For a project applying domestic competitive
negotiation, bidding documents are issued free of charge to all shortlisted
investors;
b) For a project applying domestic competitive
bidding, all files of bidding documents are issued free of charge on VNEPS.
c) For a project applying international investor
selection, bidding documents are issued on VNEPS. Each investor is required to
pay an amount equaling the selling price of 01 set of electronic bidding
documents when submitting its bid as prescribed in point c clause 2 Article 44
of the Decree No. 243/2025/ND-CP;
d) In respect of the bidding documents issued on
VNEPS as prescribed in points b and c of this clause, the procuring entity
shall not be allowed to issue physical copies of such bidding documents to
investors. The physical copies issued by the procuring entity to investors
shall not be considered as valid grounds for preparation and evaluation of
bids.
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e) If there are discrepancies between the bidding
documents published on VNEPS and the approved bidding documents, the latter
shall be used as the basis for preparation and evaluation of bids.
3. Modification of bidding documents:
a) If modifications are made to the bidding
documents after they are issued, the procuring entity shall send the
modification decision, accompanied with the addenda to the bidding documents,
to all shortlisted investors (in case of a project applying competitive negotiation)
or publish them on VNEPS (in case of a project applying competitive bidding);
b) A decision on modification of bidding documents
must be published at least 10 days (in case of domestic investor selection) or
15 days (in case of international investor selection) prior to the bid closing
date. In case of failure to publish modifications within such prescribed time
limit, the procuring entity shall extend as necessary the bid closing time.
4. Clarification of bidding documents:
a) For a project applying competitive negotiation,
the investor requiring any clarification of the bidding documents shall send
its request for clarification to the procuring entity at least 05 working days
(in case of domestic investor selection) or 07 working days (in case of international
investor selection) before the bid closing date in order to be considered as
prescribed in point a clause 4 Article 44 of the Decree No. 243/2025/ND-CP. The
procuring entity shall give its written response to the request for
clarification to all shortlisted investors;
b) For a PPP project applying competitive bidding,
the investor requiring any clarification of the bidding documents shall send
its request for clarification directly to the procuring entity or via VNEPS at
least 05 working days (in case of domestic investor selection) or 07 working
days (in case of international investor selection) before the bid closing date
as prescribed in point b clause 4 Article 44 of the Decree No. 243/2025/ND-CP.
The procuring entity shall publish its response to the investor’s request for
clarification of bidding documents on VNEPS at least 02 working days before the
bid closing date;
c) Where necessary, the procuring entity may
convene a pre-bid meeting to clarify the contents of bidding documents as
requested by investors. The procuring entity shall make a record of
clarification of bidding documents, indicating all contents discussed at the
meeting, and send it to all shortlisted investors (for a project specified in
point a of this clause) or publish it on VNEPS (for a project specified in
point b of this clause) at least 02 working days before the bid closing date;
d) Clarifications to the bidding documents must not
be contrary to the contents of the bidding documents approved and published on
VNEPS. Should the clarifications to the bidding documents result in changes to
the bidding documents, the modification of the bidding documents shall be
subject to provisions of clause 3 of this Article.
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a) The procuring entity shall send a notice of
extension, accompanied with the extension approval decision, to all shortlisted
investors (for a project applying competitive negotiation) or publish them on
VNEPS;
b) Reasons for extension and the new deadline must
be clearly indicated in such notice of extension.
Article 12. Invitation for
bid, issuance, modification and clarification of bidding documents; extension
of bid closing time for business investment projects
1. Invitation for bid:
a) For a project applying limited bidding, the
letters of invitation for bid are sent to all shortlisted investors;
b) For a project applying competitive bidding, the
invitation for bid shall be published on VNEPS;
c) For a project applying international competitive
bidding, the procuring entity shall publish the invitation for bid in both
English and Vietnamese on VNEPS and on the website of relevant Ministry,
central-government authority, other authority, supervisory ministry, or
provincial-level People’s Committee (if any) or on an English newspapers
published in Vietnam.
2. Issuance of bidding documents:
a) For a project applying domestic competitive
bidding, all files of bidding documents are issued free of charge on VNEPS;
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c) For a project applying international bidding,
bidding documents are issued on VNEPS. Each investor shall pay an amount
equaling the selling price of 01 set of electronic bidding documents when
submitting its bid as prescribed in point a clause 9 Article 6, point c clause
2 Article 16 of the Decree No. 23/2024/ND-CP (as amended in point a clause 11
Article 66 of the Decree No. 115/2024/ND-CP) and point a clause 9 Article 7,
point c clause 2 Article 17 of the Decree No. 115/2024/ND-CP;
d) The procuring entity shall not be allowed to
issue physical copies of such bidding documents to investors. The physical
copies issued by the procuring entity to investors shall not be considered as
valid grounds for preparation and evaluation of bids;
dd) The procuring entity must attach the decision
on approval of bidding documents and the approved bidding documents to its
published invitation for bid;
e) If there are discrepancies between the bidding
documents published on VNEPS and the approved bidding documents, the latter
shall be used as the basis for preparation and evaluation of bids.
3. Modification of bidding documents:
a) ) If modifications are made to the bidding
documents after they are issued, the procuring entity shall publish the
modification decision, accompanied with the addenda and modified bidding
documents, on VNEPS.
b) A decision on modification of bidding documents
must be published at least 15 days (in case of domestic bidding) or 25 days (in
case of international bidding) prior to the bid closing date. In case of
failure to publish modifications within such prescribed time limit, the
procuring entity shall extend as necessary the bid closing time.
4. Clarification of bidding documents:
a) For a project applying domestic bidding, the
investor requiring any clarification of the bidding documents shall send its
request for clarification to the procuring entity via VNEPS at least 07 working
days before the bid closing date;
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c) The procuring entity shall publish its response
to the investor’s request for clarification of bidding documents on VNEPS at
least 02 working days before the bid closing date;
d) Where necessary, the procuring entity may
convene a pre-bid meeting to clarify the contents of bidding documents as
requested by investors. The procuring entity shall make a record of
clarification of bidding documents, indicating all contents it discussed with
investors at the meeting, and publish it on VNEPS at least 02 working days
before the bid closing date;
dd) Clarifications to the bidding documents must
not be contrary to the contents of the bidding documents approved and published
on VNEPS. Should the clarifications to the bidding documents result in changes
to the bidding documents, the modification of the bidding documents shall be
subject to provisions of clause 3 of this Article.
5. Extension of deadline for submission of bids:
a) The procuring entity shall publish a notice of
extension, accompanied with the extension approval decision, on VNEPS;
b) Reasons for extension and the new deadline must
be clearly indicated in such notice of extension.
Article 13. Cancellation,
extension and modification of published information
Cancellation, extension and modification of published
information shall be carried according to the User Manual.
Article 14. Publishing of
investor selection result
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2. For a business investment project, the procuring
entity shall publish the investor selection result, accompanied with the
decision on approval thereof, on VNEPS within 05 working days from the day on
which the investor selection result is approved.
Article 15. Other information
published on VNEPS and procedures for publishing information on VNEPS
1. In addition to the information published on
VNEPS as prescribed in Articles 7 through 14 of this Circular, other
information shall also be published on VNEPS as follows:
a) A bid opening record shall be published within
24 hours from the bid opening time;
b) A bid cancellation decision shall be published
within 05 working days from the day on which it is signed;
c) A petition settlement report of the procuring
entity/competent person shall be published within 05 working days from the day
on which it is made;
d) A list of technically responsive investors shall
be published within 05 working days from the day on which it is approved.
2. Procedures for publishing the information
prescribed in Articles 7 through 14, and clause 1 of this Article shall comply
with the User Manual.
Article 16. Responsibilities
of parties participating in VNEPS
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a) Discharge the responsibilities set out in
Article 94 of the PPP Law and clause 1 Article 3 of the Decree No.
243/2025/ND-CP, for PPP projects;
b) Discharge the responsibilities set out in
Article 77 and points a, b and e clause 2 Article 7 of the Law on Bidding, for
business investment projects;
c) Assume legal responsibility for the accuracy and
truthfulness of the information declared, provided or published on VNEPS using
their participant accounts;
d) Check and verify their publishing of information
on VNEPS;
dd) Monitor and update information published on
VNEPS and responses from VNEPS;
e) Manage and assume responsibility for the use of
digital certificates on VNEPS.
2. Responsibilities of the agencies, organizations
and units mentioned in point b clause 4 Article 3 of this Circular:
a) Publish information on invitation for bid, and
investor selection results as prescribed in point b clause 1 Article 9 of the
PPP Law, for PPP projects;
b) Discharge the responsibilities set out in clause
2 Article 79 of the Law on Bidding, for business investment projects;
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d) Monitor and update information published on
VNEPS and responses from VNEPS;
dd) Manage and assume responsibility for the use of
digital certificates on VNEPS.
3. During their submission of EOI or bid, each
investor shall:
a) Assume responsibility for the accuracy of all
files attached to their submitted EOI or bid;
b) Access VNEPS to monitor or receive updated
information on the projects in which it is interested or for which its bids are
submitted. Where any errors which occur as a result of the investor's failure
to monitor and receive the information updated on VNEPS cause the investor
suffering disadvantageous conditions during its participation in EOI process or
bidding, including: modification of EOI request or bidding documents, change in
the deadline for submission of applications for project execution or bids,
change in the time limit for clarification of EOI request or bidding documents,
and other contents, the investor shall itself assume responsibility for such
errors and suffer such disadvantageous conditions during its participation in
EOI process or bidding;
c) In case the investor’s legal representative
authorizes the director of a branch, financially dependent subsidiary or factory
of the investor or the head of another financially dependent unit to perform
certain tasks during the EOI process or bidding, such authorized tasks must be
performed on VNEPS using the investor’s participant account instead of the
participant account of that branch, subsidiary, factory or unit;
d) Discharge other responsibilities, including:
register for participation in VNEPS to ensure its eligibility as prescribed in
point d clause 1 Article 5 of the Law on Bidding; discharge the
responsibilities prescribed in Article 82 of the Law on Bidding; manage its
participant account and digital certificate used on VNEPS.
Chapter III
IMPLEMENTATION
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1. If, within the period from the effective dates of
the Decree No. 180/2025/ND-CP, the Decree No. 225/2025/ND-CP, the Decree No.
243/2025/ND-CP, and the Decree No. 257/2025/ND-CP to before the effective date
of this Circular, the EOI request, bidding documents, or request for proposal
for PPP projects or business investment projects have been issued in accordance
with provisions of the PPP Law or the Law on Bidding (as amended by the Law No.
57/2024/QH15, and the Law No. 90/2025/QH15) and Decrees elaborating these Laws,
the investor selection shall continue to be carried out according to such
issued EOI request, bidding documents, or request for proposal.
2. If the EOI request, bidding documents, or
request for proposal for PPP projects or business investment projects have been
approved but are yet to be issued by the effective date of this Circular, EOI
requesters/procuring entities shall review, and make necessary modifications to
such EOI request, bidding documents, or request for proposal, and submit them
to competent persons/competent authorities to seek their approval in accordance
with provisions of the PPP Law or the Law on Bidding (as amended by the Law No.
57/2024/QH15, and the Law No. 90/2025/QH15), Decrees elaborating these Laws and
this Circular.
3. If the EOI request, bidding documents, or request
for proposal for PPP projects or business investment projects are yet to be
approved, the preparation of the EOI request, bidding documents, or request for
proposal for such projects shall comply with provisions of the PPP Law or the
Law on Bidding (as amended by the Law No. 57/2024/QH15, and the Law No.
90/2025/QH15), Decrees elaborating these Laws and this Circular.
Article 18. 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. 15/2024/TT-BKHDT dated September 30, 2024 of the Minister of
Planning and Investment of Vietnam shall cease to have effect.
3. Pending specific guidelines for application of
criteria for evaluation of investment efficiency in sector/industry/local
development and methods for determination thereof issued by supervisory
ministries, bidding documents shall be prepared using such relevant forms in
Appendixes V, VI, VII, VIII enclosed herewith in a manner that ensures their
compliance with regulations of the Law on Bidding and specialized
sector/industry laws, and the achievement of all objectives in bidding,
including competitiveness, fairness, transparency, economic efficiency and
accountability.
4. Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Finance
of Vietnam for consideration./.
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PP. MINISTER
DEPUTY MINISTER
Tran Quoc Phuong